ENROLLED
2025 Legislature CS for CS for SB 1804, 1st Engrossed
20251804er
1
2 An act relating to capital human trafficking of
3 vulnerable persons for sexual exploitation; amending
4 s. 92.565, F.S.; specifying that a defendant’s
5 memorialized confession or admission in cases of
6 capital human trafficking of vulnerable persons for
7 sexual exploitation is admissible during trial under
8 specified circumstances; amending s. 456.51, F.S.;
9 specifying that consent is not required for pelvic
10 examinations administered pursuant to a criminal
11 investigation of an alleged violation of capital human
12 trafficking of vulnerable persons for sexual
13 exploitation; amending s. 775.0877, F.S.; requiring a
14 court to order a person who is convicted of or who had
15 pled nolo contendere or guilty to, or to the attempt
16 thereof, capital human trafficking of vulnerable
17 persons for sexual exploitation to undergo HIV
18 testing; amending s. 775.21, F.S.; requiring that an
19 offender who is convicted of committing capital human
20 trafficking of vulnerable persons for sexual
21 exploitation be designated as a sexual predator;
22 amending s. 787.01, F.S.; specifying that a person
23 commits a life felony if the person kidnaps a child
24 under a certain age and in the course of committing
25 that offense commits capital human trafficking of
26 vulnerable persons for sexual exploitation; amending
27 s. 787.02, F.S.; specifying that a person commits a
28 felony of the first degree if the person falsely
29 imprisons a child under a certain age and in the
30 course of committing that offense commits capital
31 human trafficking of vulnerable persons for sexual
32 exploitation; amending s. 787.06, F.S.; defining the
33 term “sexual exploitation”; prohibiting a person 18
34 years of age or older from knowingly initiating,
35 organizing, planning, financing, directing, managing,
36 or supervising a venture that has subjected a child
37 younger than 12 years of age, or a person who is
38 mentally defective or mentally incapacitated, to human
39 trafficking for sexual exploitation; providing a
40 criminal penalty; requiring the state to give a
41 specified notice if it intends to seek the death
42 penalty for a violation of the offense; creating s.
43 921.1427, F.S.; providing legislative findings and
44 intent; providing for separate death penalty
45 proceedings in certain cases; providing for findings
46 and recommended sentences by a jury; providing for
47 imposition of sentence of life imprisonment or death;
48 providing requirements for a court order in support of
49 a life imprisonment or death sentence; providing for
50 automatic review of sentences of death within a
51 certain time period; specifying aggravating factors
52 and mitigating circumstances; providing for victim
53 impact evidence; providing for resentencing if
54 provisions are found to be unconstitutional; providing
55 applicability; amending s. 924.07, F.S.; authorizing
56 the state to appeal from a certain sentence on the
57 ground that it resulted from the failure of the
58 circuit court to comply with specified sentencing
59 procedure requirements; amending ss. 943.0435,
60 944.606, and 944.607, F.S.; revising the definition of
61 the term “sexual offender”; amending s. 948.32, F.S.;
62 requiring state or local law enforcement agencies to
63 contact the Department of Corrections if they
64 investigate or arrest a person for committing, or
65 attempting, soliciting, or conspiring to commit,
66 capital human trafficking of vulnerable persons for
67 sexual exploitation; amending s. 960.065, F.S.;
68 revising eligibility for awards for victim assistance;
69 amending ss. 921.137 and 921.141, F.S.; conforming
70 provisions to changes made by the act; reenacting s.
71 16.713(1)(c), F.S., relating to the Florida Gaming
72 Control Commission, appointment and employment
73 restrictions, to incorporate the amendment made to s.
74 775.21, F.S., in a reference thereto; reenacting s.
75 39.0139(3)(a), F.S., relating to visitation or other
76 contact and restrictions, to incorporate the amendment
77 made to s. 775.21, F.S., in a reference thereto;
78 reenacting s. 39.509(6)(b), F.S., relating to
79 grandparents rights, to incorporate the amendment made
80 to s. 775.21, F.S., in a reference thereto; reenacting
81 s. 39.806(1)(d) and (n), F.S., relating to grounds for
82 termination of parental rights, to incorporate the
83 amendment made to s. 775.21, F.S., in references
84 thereto; reenacting s. 61.13(9)(c), F.S., relating to
85 support of children, parenting and time-sharing, and
86 powers of the court, to incorporate the amendment made
87 to s. 775.21, F.S., in a reference thereto; reenacting
88 s. 63.089(4)(b), F.S., relating to proceeding to
89 terminate parental rights pending adoption, hearing,
90 grounds, dismissal of petition, and judgment, to
91 incorporate the amendment made to s. 775.21, F.S., in
92 a reference thereto; reenacting s. 63.092(3), F.S.,
93 relating to report to the court of intended placement
94 by an adoption entity, at-risk placement, and
95 preliminary study, to incorporate the amendment made
96 to s. 775.21, F.S., in a reference thereto; reenacting
97 s. 68.07(3)(i) and (6), F.S., relating to change of
98 name, to incorporate the amendment made to s. 775.21,
99 F.S., in references thereto; reenacting s.
100 92.55(1)(b), F.S., relating to special protections in
101 proceedings involving a victim or witness under 18,
102 person with intellectual disability, or sexual offense
103 victim, to incorporate the amendment made to s.
104 775.21, F.S., in a reference thereto; reenacting s.
105 322.141(3), F.S., relating to color or markings of
106 certain licenses or identification cards, to
107 incorporate the amendment made to s. 775.21, F.S., in
108 a reference thereto; reenacting s. 397.487(10)(b),
109 F.S., relating to voluntary certification of recovery
110 residences, to incorporate the amendment made to s.
111 775.21, F.S., in a reference thereto; reenacting s.
112 435.07(4)(b), F.S., relating to exemptions from
113 disqualification, to incorporate the amendment made to
114 s. 775.21, F.S., in a reference thereto; reenacting s.
115 455.213(3)(b), F.S., relating to general licensing
116 provisions, to incorporate the amendment made to s.
117 775.21, F.S., in a reference thereto; reenacting s.
118 489.553(7), F.S., relating to administration of part,
119 registration qualifications, and examination, to
120 incorporate the amendment made to s. 775.21, F.S., in
121 a reference thereto; reenacting s. 507.07(10), F.S.,
122 relating to violations, to incorporate the amendment
123 made to s. 775.21, F.S., in a reference thereto;
124 reenacting s. 775.13(4), F.S., relating to
125 registration of convicted felons, exemptions, and
126 penalties, to incorporate the amendment made to s.
127 775.21, F.S., in a reference thereto; reenacting s.
128 775.25, F.S., relating to prosecutions for acts or
129 omissions, to incorporate the amendment made to s.
130 775.21, F.S., in a reference thereto; reenacting s.
131 794.075(1), F.S., relating to sexual predators and
132 erectile dysfunction drugs, to incorporate the
133 amendment made to s. 775.21, F.S., in a reference
134 thereto; reenacting s. 900.05(2)(cc), F.S., relating
135 to criminal justice data collection, to incorporate
136 the amendment made to s. 775.21, F.S., in a reference
137 thereto; reenacting s. 903.0351(1)(c), F.S., relating
138 to restrictions on pretrial release pending probation
139 violation hearing or community-control-violation
140 hearing, to incorporate the amendment made to s.
141 775.21, F.S., in a reference thereto; reenacting s.
142 903.046(2)(m), F.S., relating to purpose of and
143 criteria for bail determination, to incorporate the
144 amendment made to s. 775.21, F.S., in a reference
145 thereto; reenacting s. 903.133(3), F.S., relating to
146 bail on appeal prohibited for certain felony
147 convictions, to incorporate the amendment made to s.
148 775.21, F.S., in a reference thereto; reenacting s.
149 907.043(4)(b), F.S., relating to pretrial release and
150 citizens’ right to know, to incorporate the amendment
151 made to s. 775.21, F.S., in a reference thereto;
152 reenacting s. 938.10(1), F.S., relating to additional
153 court cost imposed in cases of certain crimes, to
154 incorporate the amendment made to s. 775.21, F.S., in
155 a reference thereto; reenacting s. 943.0435(5), F.S.,
156 relating to sexual offenders required to register with
157 the department and penalties, to incorporate the
158 amendment made to s. 775.21, F.S., in a reference
159 thereto; reenacting s. 943.0584(2), F.S., relating to
160 criminal history records ineligible for court-ordered
161 expunction or court-ordered sealing, to incorporate
162 the amendment made to s. 775.21, F.S., in a reference
163 thereto; reenacting s. 944.609(4), F.S., relating to
164 career offenders and notification upon release, to
165 incorporate the amendment made to s. 775.21, F.S., in
166 a reference thereto; reenacting s. 947.1405(2)(c) and
167 (10), F.S., relating to conditional release program,
168 to incorporate the amendment made to s. 775.21, F.S.,
169 in references thereto; reenacting s. 948.013(2)(b),
170 F.S., relating to administrative probation, to
171 incorporate the amendment made to s. 775.21, F.S., in
172 a reference thereto; reenacting s. 948.05(2)(f), F.S.,
173 relating to court to admonish or commend probationer
174 or offender in community control and graduated
175 incentives, to incorporate the amendment made to s.
176 775.21, F.S., in a reference thereto; reenacting s.
177 948.06(4) and (8)(b) and (d), F.S., relating to
178 violation of probation or community control,
179 revocation, modification, continuance, and failure to
180 pay restitution or cost of supervision, to incorporate
181 the amendment made to s. 775.21, F.S., in references
182 thereto; reenacting s. 948.063, F.S., relating to
183 violations of probation or community control by
184 designated sexual offenders and sexual predators, to
185 incorporate the amendment made to s. 775.21, F.S., in
186 a reference thereto; reenacting s. 948.064(4), F.S.,
187 relating to notification of status as a violent felony
188 offender of special concern, to incorporate the
189 amendment made to s. 775.21, F.S., in a reference
190 thereto; reenacting s. 948.12, F.S., relating to
191 intensive supervision for postprison release of
192 violent offenders, to incorporate the amendment made
193 to s. 775.21, F.S., in a reference thereto; reenacting
194 s. 948.30(3), F.S., relating to additional terms and
195 conditions of probation or community control for
196 certain sex offenses, to incorporate the amendment
197 made to s. 775.21, F.S., in a reference thereto;
198 reenacting s. 948.31, F.S., relating to evaluation and
199 treatment of sexual predators and offenders on
200 probation or community control, to incorporate the
201 amendment made to s. 775.21, F.S., in a reference
202 thereto; reenacting s. 985.04(6)(b), F.S., relating to
203 oaths, records, and confidential information, to
204 incorporate the amendment made to s. 775.21, F.S., in
205 a reference thereto; reenacting s. 61.13(2)(c) and
206 (9)(c), F.S., relating to support of children,
207 parenting and time-sharing, and powers of the court,
208 to incorporate the amendment made to s. 943.0435,
209 F.S., in references thereto; reenacting s. 68.07(3)(i)
210 and (6), F.S., relating to change of name, to
211 incorporate the amendment made to s. 943.0435, F.S.,
212 in references thereto; reenacting s. 92.55(1)(b),
213 F.S., relating to special protections in proceedings
214 involving a victim or witness under 18, person with
215 intellectual disability, or sexual offense victim, to
216 incorporate the amendment made to s. 943.0435, F.S.,
217 in a reference thereto; reenacting s. 98.0751(2)(b),
218 F.S., relating to restoration of voting rights and
219 termination of ineligibility subsequent to a felony
220 conviction, to incorporate the amendment made to s.
221 943.0435, F.S., in a reference thereto; reenacting s.
222 322.141(3), F.S., relating to color or markings of
223 certain licenses or identification cards, to
224 incorporate the amendment made to s. 943.0435, F.S.,
225 in a reference thereto; reenacting s. 394.9125(2),
226 F.S., relating to state attorney authority to refer a
227 person for civil commitment, to incorporate the
228 amendment made to s. 943.0435, F.S., in a reference
229 thereto; reenacting s. 435.07(4)(b), F.S., relating to
230 exemptions from disqualification, to incorporate the
231 amendment made to s. 943.0435, F.S., in a reference
232 thereto; reenacting s. 775.0862(2), F.S., relating to
233 sexual offenses against students by authority figures
234 and reclassification, to incorporate the amendment
235 made to s. 943.0435, F.S., in a reference thereto;
236 reenacting s. 775.13(4), F.S., relating to
237 registration of convicted felons, exemptions, and
238 penalties, to incorporate the amendment made to s.
239 943.0435, F.S., in a reference thereto; reenacting s.
240 775.24(2), F.S., relating to the duty of the court to
241 uphold laws governing sexual predators and sexual
242 offenders, to incorporate the amendment made to s.
243 943.0435, F.S., in a reference thereto; reenacting s.
244 775.25, F.S., relating to prosecutions for acts or
245 omissions, to incorporate the amendment made to s.
246 943.0435, F.S., in a reference thereto; reenacting s.
247 900.05(2)(cc), F.S., relating to criminal justice data
248 collection, to incorporate the amendment made to s.
249 943.0435, F.S., in a reference thereto; reenacting s.
250 903.046(2)(m), F.S., relating to purpose of and
251 criteria for bail determination, to incorporate the
252 amendment made to s. 943.0435, F.S., in a reference
253 thereto; reenacting s. 903.133, F.S., relating to bail
254 on appeal prohibited for certain felony convictions,
255 to incorporate the amendment made to s. 943.0435,
256 F.S., in a reference thereto; reenacting s.
257 907.043(4)(b), F.S., relating to pretrial release and
258 citizens’ right to know, to incorporate the amendment
259 made to s. 943.0435, F.S., in a reference thereto;
260 reenacting s. 934.255(2)(a), F.S., relating to
261 subpoenas in investigations of sexual offenses, to
262 incorporate the amendment made to s. 943.0435, F.S.,
263 in a reference thereto; reenacting s. 938.10(1), F.S.,
264 relating to additional court cost imposed in cases of
265 certain crimes, to incorporate the amendment made to
266 s. 943.0435, F.S., in a reference thereto; reenacting
267 s. 943.0436(2), F.S., relating to the duty of the
268 court to uphold laws governing sexual predators and
269 sexual offenders, to incorporate the amendment made to
270 s. 943.0435, F.S., in a reference thereto; reenacting
271 s. 943.0584(2), F.S., relating to criminal history
272 records ineligible for court-ordered expunction or
273 court-ordered sealing, to incorporate the amendment
274 made to s. 943.0435, F.S., in a reference thereto;
275 reenacting s. 943.0595(2)(a), F.S., relating to
276 automatic sealing of criminal history records and
277 confidentiality of related court records, to
278 incorporate the amendment made to s. 943.0435, F.S.,
279 in a reference thereto; reenacting s. 947.1405(12),
280 F.S., relating to the conditional release program, to
281 incorporate the amendment made to s. 943.0435, F.S.,
282 in a reference thereto; reenacting s. 948.013(2)(b),
283 F.S., relating to administrative probation, to
284 incorporate the amendment made to s. 943.0435, F.S.,
285 in a reference thereto; reenacting s. 948.05(2)(f),
286 F.S., relating to court to admonish or commend
287 probationer or offender in community control and
288 graduated incentives, to incorporate the amendment
289 made to s. 943.0435, F.S., in a reference thereto;
290 reenacting s. 948.06(4), F.S., relating to violation
291 of probation or community control, revocation,
292 modification, continuance, and failure to pay
293 restitution or cost of supervision, to incorporate the
294 amendment made to s. 943.0435, F.S., in a reference
295 thereto; reenacting s. 948.063, F.S., relating to
296 violations of probation or community control by
297 designated sexual offenders and sexual predators, to
298 incorporate the amendment made to s. 943.0435, F.S.,
299 in a reference thereto; reenacting s. 948.30(4), F.S.,
300 relating to additional terms and conditions of
301 probation or community control for certain sex
302 offenses, to incorporate the amendment made to s.
303 943.0435, F.S., in a reference thereto; reenacting s.
304 948.31, F.S., relating to evaluation and treatment of
305 sexual predators and offenders on probation or
306 community control, to incorporate the amendment made
307 to s. 943.0435, F.S., in a reference thereto;
308 reenacting s. 985.04(6)(b), F.S., relating to oaths,
309 records, and confidential information, to incorporate
310 the amendment made to s. 943.0435, F.S., in a
311 reference thereto; reenacting s. 1012.467(2)(b), F.S.,
312 relating to noninstructional contractors who are
313 permitted access to school grounds when students are
314 present and background screening requirements, to
315 incorporate the amendment made to s. 943.0435, F.S.,
316 in a reference thereto; reenacting s. 775.24(2), F.S.,
317 relating to the duty of the court to uphold laws
318 governing sexual predators and sexual offenders, to
319 incorporate the amendment made to s. 944.606, F.S., in
320 a reference thereto; reenacting s. 775.25, F.S.,
321 relating to prosecutions for acts or omissions, to
322 incorporate the amendment made to s. 944.606, F.S., in
323 a reference thereto; reenacting s. 943.0436(2), F.S.,
324 relating to the duty of the court to uphold laws
325 governing sexual predators and sexual offenders, to
326 incorporate the amendment made to s. 944.606, F.S., in
327 a reference thereto; reenacting s. 948.31, F.S.,
328 relating to evaluation and treatment of sexual
329 predators and offenders on probation or community
330 control, to incorporate the amendment made to s.
331 944.606, F.S., in a reference thereto; reenacting s.
332 985.04(6)(b), F.S., relating to oaths, records, and
333 confidential information, to incorporate the amendment
334 made to s. 944.606, F.S., in a reference thereto;
335 reenacting s. 322.141(3), F.S., relating to color or
336 markings of certain licenses or identification cards,
337 to incorporate the amendment made to s. 944.607, F.S.,
338 in a reference thereto; reenacting s. 775.13(4), F.S.,
339 relating to registration of convicted felons,
340 exemptions, and penalties, to incorporate the
341 amendment made to s. 944.607, F.S., in a reference
342 thereto; reenacting s. 775.24(2), F.S., relating to
343 the duty of the court to uphold laws governing sexual
344 predators and sexual offenders, to incorporate the
345 amendment made to s. 944.607, F.S., in a reference
346 thereto; reenacting s. 775.25, F.S., relating to
347 prosecutions for acts or omissions, to incorporate the
348 amendment made to s. 944.607, F.S., in a reference
349 thereto; reenacting s. 943.0436(2), F.S., relating to
350 the duty of the court to uphold laws governing sexual
351 predators and sexual offenders, to incorporate the
352 amendment made to s. 944.607, F.S., in a reference
353 thereto; reenacting s. 948.06(4), F.S., relating to
354 violation of probation or community control,
355 revocation, modification, continuance, and failure to
356 pay restitution or cost of supervision, to incorporate
357 the amendment made to s. 944.607, F.S., in a reference
358 thereto; reenacting s. 948.063, F.S., relating to
359 violations of probation or community control by
360 designated sexual offenders and sexual predators, to
361 incorporate the amendment made to s. 944.607, F.S., in
362 a reference thereto; reenacting s. 948.31, F.S.,
363 relating to evaluation and treatment of sexual
364 predators and offenders on probation or community
365 control, to incorporate the amendment made to s.
366 944.607, F.S., in a reference thereto; reenacting s.
367 985.04(6)(b), F.S., relating to oaths, records, and
368 confidential information, to incorporate the amendment
369 made to s. 944.607, F.S., in a reference thereto;
370 providing an effective date.
371
372 Be It Enacted by the Legislature of the State of Florida:
373
374 Section 1. Subsection (2) of section 92.565, Florida
375 Statutes, is amended to read:
376 92.565 Admissibility of confession in sexual abuse cases.—
377 (2) In any criminal action in which the defendant is
378 charged with a crime against a victim under s. 787.06(3),
379 involving commercial sexual activity, or (5); s. 794.011; s.
380 794.05; s. 800.04; s. 826.04; s. 827.03, involving sexual abuse;
381 s. 827.04, involving sexual abuse; s. 827.071; or s.
382 847.0135(5), or any other crime involving sexual abuse of
383 another, or with any attempt, solicitation, or conspiracy to
384 commit any of these crimes, the defendant’s memorialized
385 confession or admission is admissible during trial without the
386 state having to prove a corpus delicti of the crime if the court
387 finds in a hearing conducted outside the presence of the jury
388 that the state is unable to show the existence of each element
389 of the crime, and having so found, further finds that the
390 defendant’s confession or admission is trustworthy. Factors
391 which may be relevant in determining whether the state is unable
392 to show the existence of each element of the crime include, but
393 are not limited to, the fact that, at the time the crime was
394 committed, the victim was:
395 (a) Physically helpless, mentally incapacitated, or
396 mentally defective, as those terms are defined in s. 794.011;
397 (b) Physically incapacitated due to age, infirmity, or any
398 other cause; or
399 (c) Less than 12 years of age.
400 Section 2. Paragraph (e) of subsection (2) of section
401 456.51, Florida Statutes, is amended to read:
402 456.51 Consent for pelvic examinations.—
403 (2) A health care practitioner, a medical student, or any
404 other student receiving training as a health care practitioner
405 may not perform a pelvic examination on an anesthetized or
406 unconscious patient without the written consent of the patient
407 or the patient’s legal representative executed specific to, and
408 expressly identifying, the pelvic examination. If the patient is
409 conscious, informed verbal consent must be obtained for the
410 pelvic examination in addition to any written consent obtained.
411 Consent is not required if:
412 (e) The pelvic examination is administered pursuant to a
413 criminal investigation of an alleged violation related to child
414 abuse or neglect under s. 787.06(3)(a)1., (c)1., (f)1., or (g),
415 or (5); chapter 794; chapter 796; chapter 800; chapter 827; or
416 chapter 847.
417 Section 3. Paragraph (o) of subsection (1) of section
418 775.0877, Florida Statutes, is amended to read:
419 775.0877 Criminal transmission of HIV; procedures;
420 penalties.—
421 (1) In any case in which a person has been convicted of or
422 has pled nolo contendere or guilty to, regardless of whether
423 adjudication is withheld, any of the following offenses, or the
424 attempt thereof, which offense or attempted offense involves the
425 transmission of body fluids from one person to another:
426 (o) Sections 787.06(3)(b), (d), (f), and (g) and (5),
427 relating to human trafficking, the court shall order the
428 offender to undergo HIV testing, to be performed under the
429 direction of the Department of Health in accordance with s.
430 381.004, unless the offender has undergone HIV testing
431 voluntarily or pursuant to procedures established in s.
432 381.004(2)(h)6. or s. 951.27, or any other applicable law or
433 rule providing for HIV testing of criminal offenders or inmates,
434 subsequent to her or his arrest for an offense enumerated in
435 paragraphs (a)-(n) for which she or he was convicted or to which
436 she or he pled nolo contendere or guilty. The results of an HIV
437 test performed on an offender pursuant to this subsection are
438 not admissible in any criminal proceeding arising out of the
439 alleged offense.
440 Section 4. Paragraph (a) of subsection (4) of section
441 775.21, Florida Statutes, is amended to read:
442 775.21 The Florida Sexual Predators Act.—
443 (4) SEXUAL PREDATOR CRITERIA.—
444 (a) For a current offense committed on or after October 1,
445 1993, upon conviction, an offender shall be designated as a
446 “sexual predator” under subsection (5), and subject to
447 registration under subsection (6) and community and public
448 notification under subsection (7) if:
449 1. The felony is:
450 a. A capital, life, or first degree felony violation, or
451 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
452 is a minor, or s. 787.06(3)(f) or (g), where the victim is a
453 minor, or (5); s. 794.011, s. 800.04, or s. 847.0145, or a
454 violation of a similar law of another jurisdiction; or
455 b. Any felony violation, or any attempt thereof, of s.
456 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
457 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
458 (d), (f), or (g), or (5); former s. 787.06(3)(h); s. 794.011,
459 excluding s. 794.011(10); s. 794.05; former s. 796.03; former s.
460 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071;
461 s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03,
462 if the court makes a written finding that the racketeering
463 activity involved at least one sexual offense listed in this
464 sub-subparagraph or at least one offense listed in this sub
465 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
466 985.701(1); or a violation of a similar law of another
467 jurisdiction, and the offender has previously been convicted of
468 or found to have committed, or has pled nolo contendere or
469 guilty to, regardless of adjudication, any violation of s.
470 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
471 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
472 (d), (f), or (g), or (5); former s. 787.06(3)(h); s. 794.011,
473 excluding s. 794.011(10); s. 794.05; former s. 796.03; former s.
474 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
475 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
476 the court makes a written finding that the racketeering activity
477 involved at least one sexual offense listed in this sub
478 subparagraph or at least one offense listed in this sub
479 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
480 985.701(1); or a violation of a similar law of another
481 jurisdiction;
482 2. The offender has not received a pardon for any felony or
483 similar law of another jurisdiction that is necessary for the
484 operation of this paragraph; and
485 3. A conviction of a felony or similar law of another
486 jurisdiction necessary to the operation of this paragraph has
487 not been set aside in any postconviction proceeding.
488 Section 5. Subsection (3) of section 787.01, Florida
489 Statutes, is amended to read:
490 787.01 Kidnapping; kidnapping of child under age 13,
491 aggravating circumstances.—
492 (3)(a) A person who commits the offense of kidnapping upon
493 a child under the age of 13 and who, in the course of committing
494 the offense, commits one or more of the following:
495 1. Aggravated child abuse, as defined in s. 827.03;
496 2. Sexual battery, as defined in chapter 794, against the
497 child;
498 3. Lewd or lascivious battery, lewd or lascivious
499 molestation, lewd or lascivious conduct, or lewd or lascivious
500 exhibition, in violation of s. 800.04 or s. 847.0135(5);
501 4. A violation of former s. 796.03 or s. 796.04, relating
502 to prostitution, upon the child;
503 5. Exploitation of the child or allowing the child to be
504 exploited, in violation of s. 450.151; or
505 6. A violation of s. 787.06(3)(g) or (5), relating to human
506 trafficking, commits a life felony, punishable as provided in s.
507 775.082, s. 775.083, or s. 775.084.
508 (b) Pursuant to s. 775.021(4), nothing contained herein
509 shall be construed to prohibit the imposition of separate
510 judgments and sentences for the life felony described in
511 paragraph (a) and for each separate offense enumerated in
512 subparagraphs (a)1.-6. subparagraphs (a)1.-5.
513 Section 6. Subsection (3) of section 787.02, Florida
514 Statutes, is amended to read:
515 787.02 False imprisonment; false imprisonment of child
516 under age 13, aggravating circumstances.—
517 (3)(a) A person who commits the offense of false
518 imprisonment upon a child under the age of 13 and who, in the
519 course of committing the offense, commits any offense enumerated
520 in subparagraphs (a)1.-6. subparagraphs 1.-5., commits a felony
521 of the first degree, punishable by imprisonment for a term of
522 years not exceeding life or as provided in s. 775.082, s.
523 775.083, or s. 775.084.
524 1. Aggravated child abuse, as defined in s. 827.03;
525 2. Sexual battery, as defined in chapter 794, against the
526 child;
527 3. Lewd or lascivious battery, lewd or lascivious
528 molestation, lewd or lascivious conduct, or lewd or lascivious
529 exhibition, in violation of s. 800.04 or s. 847.0135(5);
530 4. A violation of former s. 796.03 or s. 796.04, relating
531 to prostitution, upon the child;
532 5. Exploitation of the child or allowing the child to be
533 exploited, in violation of s. 450.151; or
534 6. A violation of s. 787.06(3)(g) or (5), relating to human
535 trafficking.
536 (b) Pursuant to s. 775.021(4), nothing contained herein
537 shall be construed to prohibit the imposition of separate
538 judgments and sentences for the first degree offense described
539 in paragraph (a) and for each separate offense enumerated in
540 subparagraphs (a)1.-6. (a)1.-5.
541 Section 7. Present paragraphs (i) through (k) of subsection
542 (2) of section 787.06, Florida Statutes, are redesignated as
543 paragraphs (j) through (l), respectively, present subsections
544 (5) through (13) of that section are redesignated as subsections
545 (6) through (14), respectively, a new paragraph (i) is added to
546 subsection (2) of that section, and a new subsection (5) is
547 added to that section, to read:
548 787.06 Human trafficking.—
549 (2) As used in this section, the term:
550 (i) “Sexual exploitation” means any violation of s.
551 794.011, excluding s. 794.011(10).
552 (5)(a) Any person 18 years of age or older who knowingly
553 initiates, organizes, plans, finances, directs, manages, or
554 supervises a venture that has subjected a child younger than 12
555 years of age, or a person who is mentally defective or mentally
556 incapacitated as those terms are defined in s. 794.011(1), to
557 human trafficking for sexual exploitation commits capital human
558 trafficking of vulnerable persons for sexual exploitation, a
559 capital felony punishable as provided in ss. 775.082 and
560 921.1427.
561 (b) For each instance of human trafficking of any
562 individual under paragraph (a), a separate crime is committed
563 and a separate punishment is authorized.
564 (c) In all capital cases under this subsection, the
565 procedure in s. 921.1427 shall be followed to determine a
566 sentence of death or life imprisonment.
567 (d) If the prosecutor intends to seek the death penalty,
568 the prosecutor must give notice to the defendant and file the
569 notice with the court within 45 days after arraignment. The
570 notice must contain a list of the aggravating factors the state
571 intends to prove and has reason to believe it can prove beyond a
572 reasonable doubt. The court may allow the prosecutor to amend
573 the notice upon a showing of good cause.
574 Section 8. Section 921.1427, Florida Statutes, is created
575 to read:
576 921.1427 Sentence of death or life imprisonment for capital
577 human trafficking of vulnerable persons for sexual exploitation;
578 further proceedings to determine sentence.—
579 (1) INTENT.—
580 (a) The Legislature finds that a person who commits the
581 offense of initiating, organizing, planning, financing,
582 directing, managing, or supervising a venture that has subjected
583 a child younger than 12 years of age, or a person who is
584 mentally defective or mentally incapacitated, to human
585 trafficking for sexual exploitation in violation of s. 787.06(5)
586 imposes a great risk of death and danger to vulnerable members
587 of this state. Such crimes exploit society’s most vulnerable
588 citizens, destroy the innocence of young children, and violate
589 all standards of decency held by civilized society, and persons
590 who commit such acts against such vulnerable persons may be
591 determined by the trier of fact to have a culpable mental state
592 of reckless indifference or disregard for human life.
593 (b) It is the intent of the Legislature that the procedure
594 in this section shall be followed, and a prosecutor must file
595 notice as provided in s. 787.06(5) if he or she intends to seek
596 the death penalty.
597 (2) SEPARATE PROCEEDINGS ON ISSUE OF PENALTY.—Upon
598 conviction or an adjudication of guilt of a defendant of a
599 capital felony under s. 787.06(5), the court shall conduct a
600 separate sentencing proceeding to determine whether the
601 defendant should be sentenced to death or life imprisonment as
602 authorized by s. 775.082. The proceeding shall be conducted by
603 the trial judge before the trial jury as soon as practicable.
604 If, through impossibility or inability, the trial jury is unable
605 to reconvene for a hearing on the issue of penalty, having
606 determined the guilt of the accused, the trial judge may summon
607 a special juror or jurors as provided in chapter 913 to
608 determine the issue of the imposition of the penalty. If the
609 trial jury has been waived, or if the defendant pleaded guilty,
610 the sentencing proceeding shall be conducted before a jury
611 impaneled for that purpose, unless waived by the defendant. In
612 the proceeding, evidence may be presented as to any matter that
613 the court deems relevant to the nature of the crime and the
614 character of the defendant and shall include matters relating to
615 any of the aggravating factors enumerated in subsection (7) and
616 for which notice has been provided pursuant to s. 787.06(5) or
617 mitigating circumstances enumerated in subsection (8). Any such
618 evidence that the court deems to have probative value may be
619 received, regardless of its admissibility under the exclusionary
620 rules of evidence, provided the defendant is accorded a fair
621 opportunity to rebut any hearsay statements. However, this
622 subsection may not be construed to authorize the introduction of
623 any evidence secured in violation of the United States
624 Constitution or the State Constitution. The state and the
625 defendant or the defendant’s counsel shall be permitted to
626 present argument for or against a sentence of death.
627 (3) FINDINGS AND RECOMMENDED SENTENCE BY THE JURY.—This
628 subsection applies only if the defendant has not waived his or
629 her right to a sentencing proceeding by a jury.
630 (a) After hearing all of the evidence presented regarding
631 aggravating factors and mitigating circumstances, the jury shall
632 deliberate and determine if the state has proven, beyond a
633 reasonable doubt, the existence of at least two aggravating
634 factors set forth in subsection (7).
635 (b) The jury shall return findings identifying each
636 aggravating factor found to exist. A finding that at least two
637 aggravating factors exist must be unanimous. If the jury:
638 1. Does not unanimously find at least two aggravating
639 factors, the defendant is ineligible for a sentence of death.
640 2. Unanimously finds at least two aggravating factors, the
641 defendant is eligible for a sentence of death and the jury shall
642 make a recommendation to the court as to whether the defendant
643 shall be sentenced to life imprisonment without the possibility
644 of parole or to death. The recommendation shall be based on a
645 weighing of all of the following:
646 a. Whether sufficient aggravating factors exist.
647 b. Whether aggravating factors exist which outweigh the
648 mitigating circumstances found to exist.
649 c. Based on the considerations in sub-subparagraphs a. and
650 b., whether the defendant should be sentenced to life
651 imprisonment without the possibility of parole or to death.
652 (c) If at least eight jurors determine that the defendant
653 should be sentenced to death, the jury’s recommendation to the
654 court shall be a sentence of death. If fewer than eight jurors
655 determine that the defendant should be sentenced to death, the
656 jury’s recommendation to the court shall be a sentence of life
657 imprisonment without the possibility of parole.
658 (4) IMPOSITION OF SENTENCE OF LIFE IMPRISONMENT OR DEATH.—
659 (a) If the jury has recommended a sentence of:
660 1. Life imprisonment without the possibility of parole, the
661 court shall impose the recommended sentence of life imprisonment
662 without the possibility of parole.
663 2. Death, the court, after considering each aggravating
664 factor found by the jury and all mitigating circumstances, may
665 impose a sentence of life imprisonment without the possibility
666 of parole or a sentence of death. The court may consider only an
667 aggravating factor that was unanimously found to exist by the
668 jury. The court may impose a sentence of death only if the jury
669 unanimously found at least two aggravating factors beyond a
670 reasonable doubt.
671 (b) If the defendant waived his or her right to a
672 sentencing proceeding by a jury, the court, after considering
673 all aggravating factors and mitigating circumstances, may impose
674 a sentence of life imprisonment without the possibility of
675 parole or a sentence of death. The court may impose a sentence
676 of death only if the court finds that at least two aggravating
677 factors have been proven to exist beyond a reasonable doubt.
678 (5) ORDER OF THE COURT IN SUPPORT OF SENTENCE OF LIFE
679 IMPRISONMENT OR DEATH.—In each case in which the court imposes a
680 sentence of life imprisonment without the possibility of parole
681 or a sentence of death, the court shall, considering the records
682 of the trial and the sentencing proceedings, enter a written
683 order addressing the aggravating factors set forth in subsection
684 (7) found to exist, the mitigating circumstances in subsection
685 (8) reasonably established by the evidence, whether there are
686 sufficient aggravating factors to warrant the death penalty, and
687 whether the aggravating factors outweigh the mitigating
688 circumstances reasonably established by the evidence. The court
689 shall include in its written order the reasons for not accepting
690 the jury’s recommended sentence, if applicable. If the court
691 does not issue its order requiring the death sentence within 30
692 days after the rendition of the judgment and sentence, the court
693 shall impose a sentence of life imprisonment without the
694 possibility of parole in accordance with s. 775.082.
695 (6) REVIEW OF JUDGMENT AND SENTENCE.—The judgment of
696 conviction and sentence of death shall be subject to automatic
697 review by the Supreme Court and disposition rendered within 2
698 years after the filing of a notice of appeal. Such review by the
699 Supreme Court shall have priority over all other cases and shall
700 be heard in accordance with rules adopted by the Supreme Court.
701 (7) AGGRAVATING FACTORS.—Aggravating factors shall be
702 limited to the following:
703 (a) The capital felony was committed by a person previously
704 convicted of a felony violation under s. 787.06 and under
705 sentence of imprisonment or placed on community control or on
706 felony probation.
707 (b) The defendant was previously convicted of another
708 capital felony or of a felony involving the use or threat of
709 violence to the person.
710 (c) The capital felony was committed by a person designated
711 as a sexual predator pursuant to s. 775.21 or a person
712 previously designated as a sexual predator who had the sexual
713 predator designation removed.
714 (d) The capital felony was committed by a sexual offender
715 who is required to register pursuant to s. 943.0435 or a person
716 previously required to register as a sexual offender who had
717 such requirement removed.
718 (e) The defendant knowingly created a great risk of death
719 to one or more persons such that participation in the offense
720 constituted reckless indifference or disregard for human life.
721 (f) The defendant used a firearm or knowingly directed,
722 advised, authorized, or assisted another to use a firearm to
723 threaten, intimidate, assault, or injure a person in committing
724 the offense or in furtherance of the offense.
725 (g) The capital felony was especially heinous, atrocious,
726 or cruel.
727 (h) The victim of the capital felony was particularly
728 vulnerable due to age or disability, or because the defendant
729 stood in a position of familial or custodial authority over the
730 victim.
731 (i) The capital felony was committed by a person subject to
732 an injunction issued pursuant to s. 741.30 or s. 784.046, or a
733 foreign protection order accorded full faith and credit pursuant
734 to s. 741.315, and was committed against the petitioner who
735 obtained the injunction or protection order or any spouse,
736 child, sibling, or parent of the petitioner.
737 (j) The victim of the capital felony sustained serious
738 bodily injury.
739 (8) MITIGATING CIRCUMSTANCES.—Mitigating circumstances
740 shall include the following:
741 (a) The defendant has no significant history of prior
742 criminal activity.
743 (b) The capital felony was committed while the defendant
744 was under the influence of extreme mental or emotional
745 disturbance.
746 (c) The defendant was an accomplice in the capital felony
747 committed by another person, and the defendant’s participation
748 was relatively minor.
749 (d) The defendant was under extreme duress or under the
750 substantial domination of another person.
751 (e) The capacity of the defendant to appreciate the
752 criminality of her or his conduct or to conform his or her
753 conduct to the requirements of law was substantially impaired.
754 (f) The age of the defendant at the time of the offense.
755 (g) The defendant could not have reasonably foreseen that
756 his or her conduct in the course of the commission of the
757 offense would cause or would create a grave risk of death to one
758 or more persons.
759 (h) The existence of any other factors in the defendant’s
760 background that would mitigate against imposition of the death
761 penalty.
762 (9) VICTIM IMPACT EVIDENCE.—Once the prosecution has
763 provided evidence of the existence of two or more aggravating
764 factors as described in subsection (7), the prosecution may
765 introduce and subsequently argue victim impact evidence to the
766 jury. Such evidence shall be designed to demonstrate the
767 victim’s uniqueness as an individual human being and the
768 physical and psychological harm to the victim. Characterizations
769 and opinions about the crime, the defendant, and the appropriate
770 sentence may not be permitted as a part of victim impact
771 evidence.
772 (10) CONSTITUTIONALITY.—Notwithstanding s. 775.082(2) or s.
773 775.15, or any other provision of law, a sentence of death shall
774 be imposed under this section notwithstanding existing case law
775 which holds that such a sentence is unconstitutional under the
776 State Constitution and the United States Constitution. In any
777 case for which the Florida Supreme Court or the United States
778 Supreme Court reviews a sentence of death imposed pursuant to
779 this section, and in making such a review reconsiders the prior
780 holdings in Buford v. State of Florida, 403 So. 2d 943 (Fla.
781 1981), and Kennedy v. Louisiana, 554 U.S. 407 (2008), and
782 determines that a sentence of death remains unconstitutional,
783 the court having jurisdiction over the person previously
784 sentenced to death shall cause such person to be brought before
785 the court, and the court shall sentence such person to life
786 imprisonment as provided in s. 775.082(1).
787 (11) APPLICABILITY.—This section applies to any capital
788 felony under s. 787.06(5) which is committed on or after October
789 1, 2025.
790 Section 9. Paragraph (o) is added to subsection (1) of
791 section 924.07, Florida Statutes, to read:
792 924.07 Appeal by state.—
793 (1) The state may appeal from:
794 (o) The sentence in a case of capital human trafficking of
795 vulnerable persons for sexual exploitation on the ground that it
796 resulted from the circuit court’s failure to comply with
797 sentencing procedures under s. 921.1427, including by striking a
798 notice of intent to seek the death penalty, refusing to impanel
799 a capital jury, or otherwise granting relief that prevents the
800 state from seeking a sentence of death.
801 Section 10. Paragraph (h) of subsection (1) of section
802 943.0435, Florida Statutes, is amended to read:
803 943.0435 Sexual offenders required to register with the
804 department; penalty.—
805 (1) As used in this section, the term:
806 (h)1. “Sexual offender” means a person who meets the
807 criteria in sub-subparagraph a., sub-subparagraph b., sub
808 subparagraph c., or sub-subparagraph d., as follows:
809 a.(I) Has been convicted of committing, or attempting,
810 soliciting, or conspiring to commit, any of the criminal
811 offenses proscribed in the following statutes in this state or
812 similar offenses in another jurisdiction: s. 393.135(2); s.
813 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
814 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g), or
815 (5); former s. 787.06(3)(h); s. 794.011, excluding s.
816 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
817 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
818 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
819 847.0145; s. 895.03, if the court makes a written finding that
820 the racketeering activity involved at least one sexual offense
821 listed in this sub-sub-subparagraph or at least one offense
822 listed in this sub-sub-subparagraph with sexual intent or
823 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
824 committed in this state which has been redesignated from a
825 former statute number to one of those listed in this sub-sub
826 subparagraph; and
827 (II) Has been released on or after October 1, 1997, from a
828 sanction imposed for any conviction of an offense described in
829 sub-sub-subparagraph (I) and does not otherwise meet the
830 criteria for registration as a sexual offender under chapter 944
831 or chapter 985. For purposes of this sub-sub-subparagraph, a
832 sanction imposed in this state or in any other jurisdiction
833 means probation, community control, parole, conditional release,
834 control release, or incarceration in a state prison, federal
835 prison, contractor-operated correctional facility, or local
836 detention facility. If no sanction is imposed, the person is
837 deemed to be released upon conviction;
838 b. Establishes or maintains a residence in this state and
839 who has not been designated as a sexual predator by a court of
840 this state but who has been designated as a sexual predator, as
841 a sexually violent predator, or any other sexual offender
842 designation in another state or jurisdiction and was, as a
843 result of such designation, subjected to registration or
844 community or public notification, or both, or would be if the
845 person were a resident of that state or jurisdiction, without
846 regard to whether the person otherwise meets the criteria for
847 registration as a sexual offender;
848 c. Establishes or maintains a residence in this state who
849 is in the custody or control of, or under the supervision of,
850 any other state or jurisdiction as a result of a conviction for
851 committing, or attempting, soliciting, or conspiring to commit,
852 any of the criminal offenses proscribed in the following
853 statutes or similar offense in another jurisdiction: s.
854 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
855 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
856 (d), (f), or (g), or (5); former s. 787.06(3)(h); s. 794.011,
857 excluding s. 794.011(10); s. 794.05; former s. 796.03; former s.
858 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
859 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
860 847.0138; s. 847.0145; s. 895.03, if the court makes a written
861 finding that the racketeering activity involved at least one
862 sexual offense listed in this sub-subparagraph or at least one
863 offense listed in this sub-subparagraph with sexual intent or
864 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
865 committed in this state which has been redesignated from a
866 former statute number to one of those listed in this sub
867 subparagraph; or
868 d. On or after July 1, 2007, has been adjudicated
869 delinquent for committing, or attempting, soliciting, or
870 conspiring to commit, any of the criminal offenses proscribed in
871 the following statutes in this state or similar offenses in
872 another jurisdiction when the juvenile was 14 years of age or
873 older at the time of the offense:
874 (I) Section 794.011, excluding s. 794.011(10);
875 (II) Section 800.04(4)(a)2. where the victim is under 12
876 years of age or where the court finds sexual activity by the use
877 of force or coercion;
878 (III) Section 800.04(5)(c)1. where the court finds
879 molestation involving unclothed genitals;
880 (IV) Section 800.04(5)(d) where the court finds the use of
881 force or coercion and unclothed genitals; or
882 (V) Any similar offense committed in this state which has
883 been redesignated from a former statute number to one of those
884 listed in this sub-subparagraph.
885 2. For all qualifying offenses listed in sub-subparagraph
886 1.d., the court shall make a written finding of the age of the
887 offender at the time of the offense.
888
889 For each violation of a qualifying offense listed in this
890 subsection, except for a violation of s. 794.011, the court
891 shall make a written finding of the age of the victim at the
892 time of the offense. For a violation of s. 800.04(4), the court
893 shall also make a written finding indicating whether the offense
894 involved sexual activity and indicating whether the offense
895 involved force or coercion. For a violation of s. 800.04(5), the
896 court shall also make a written finding that the offense did or
897 did not involve unclothed genitals or genital area and that the
898 offense did or did not involve the use of force or coercion.
899 Section 11. Paragraph (f) of subsection (1) of section
900 944.606, Florida Statutes, is amended to read:
901 944.606 Sexual offenders; notification upon release.—
902 (1) As used in this section, the term:
903 (f) “Sexual offender” means a person who has been convicted
904 of committing, or attempting, soliciting, or conspiring to
905 commit, any of the criminal offenses proscribed in the following
906 statutes in this state or similar offenses in another
907 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
908 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
909 787.06(3)(b), (d), (f), or (g), or (5); former s. 787.06(3)(h);
910 s. 794.011, excluding s. 794.011(10); s. 794.05; former s.
911 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s.
912 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
913 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
914 if the court makes a written finding that the racketeering
915 activity involved at least one sexual offense listed in this
916 paragraph or at least one offense listed in this paragraph with
917 sexual intent or motive; s. 916.1075(2); or s. 985.701(1); or
918 any similar offense committed in this state which has been
919 redesignated from a former statute number to one of those listed
920 in this subsection, when the department has received verified
921 information regarding such conviction; an offender’s
922 computerized criminal history record is not, in and of itself,
923 verified information.
924 Section 12. Paragraph (f) of subsection (1) of section
925 944.607, Florida Statutes, is amended to read:
926 944.607 Notification to Department of Law Enforcement of
927 information on sexual offenders.—
928 (1) As used in this section, the term:
929 (f) “Sexual offender” means a person who is in the custody
930 or control of, or under the supervision of, the department or is
931 in the custody of a contractor-operated correctional facility:
932 1. On or after October 1, 1997, as a result of a conviction
933 for committing, or attempting, soliciting, or conspiring to
934 commit, any of the criminal offenses proscribed in the following
935 statutes in this state or similar offenses in another
936 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
937 787.02, or s. 787.025(2)(c), where the victim is a minor; s.
938 787.06(3)(b), (d), (f), or (g), or (5); former s. 787.06(3)(h);
939 s. 794.011, excluding s. 794.011(10); s. 794.05; former s.
940 796.03; former s. 796.035; s. 800.04; s. 810.145(8); s.
941 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
942 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s. 895.03,
943 if the court makes a written finding that the racketeering
944 activity involved at least one sexual offense listed in this
945 subparagraph or at least one offense listed in this subparagraph
946 with sexual intent or motive; s. 916.1075(2); or s. 985.701(1);
947 or any similar offense committed in this state which has been
948 redesignated from a former statute number to one of those listed
949 in this paragraph; or
950 2. Who establishes or maintains a residence in this state
951 and who has not been designated as a sexual predator by a court
952 of this state but who has been designated as a sexual predator,
953 as a sexually violent predator, or by another sexual offender
954 designation in another state or jurisdiction and was, as a
955 result of such designation, subjected to registration or
956 community or public notification, or both, or would be if the
957 person were a resident of that state or jurisdiction, without
958 regard as to whether the person otherwise meets the criteria for
959 registration as a sexual offender.
960 Section 13. Subsection (1) of section 948.32, Florida
961 Statutes, is amended to read:
962 948.32 Requirements of law enforcement agency upon arrest
963 of persons for certain sex offenses.—
964 (1) When any state or local law enforcement agency
965 investigates or arrests a person for committing, or attempting,
966 soliciting, or conspiring to commit, a violation of s.
967 787.025(2)(c), s. 787.06(3)(g) or (5), chapter 794, former s.
968 796.03, s. 800.04, s. 827.071, s. 847.0133, s. 847.0135, or s.
969 847.0145, the law enforcement agency shall contact the
970 Department of Corrections to verify whether the person under
971 investigation or under arrest is on probation, community
972 control, parole, conditional release, or control release.
973 Section 14. Subsection (2) of section 960.065, Florida
974 Statutes, is amended to read:
975 960.065 Eligibility for awards.—
976 (2) Any claim filed by or on behalf of a person who:
977 (a) Committed or aided in the commission of the crime upon
978 which the claim for compensation was based;
979 (b) Was engaged in an unlawful activity at the time of the
980 crime upon which the claim for compensation is based, unless the
981 victim was engaged in prostitution as a result of being a victim
982 of human trafficking as described in s. 787.06(3)(b), (d), (f),
983 or (g) or (5);
984 (c) Was in custody or confined, regardless of conviction,
985 in a county or municipal detention facility, a state or federal
986 correctional facility, or a juvenile detention or commitment
987 facility at the time of the crime upon which the claim for
988 compensation is based;
989 (d) Has been adjudicated as a habitual felony offender,
990 habitual violent offender, or violent career criminal under s.
991 775.084; or
992 (e) Has been adjudicated guilty of a forcible felony
993 offense as described in s. 776.08,
994
995 is ineligible for an award.
996 Section 15. Subsection (4) of section 921.137, Florida
997 Statutes, is amended to read:
998 921.137 Imposition of the death sentence upon an
999 intellectually disabled defendant prohibited.—
1000 (4) After a defendant who has given notice of his or her
1001 intention to raise intellectual disability as a bar to the death
1002 sentence is convicted of a capital felony and an advisory jury
1003 has returned a recommended sentence of death, the defendant may
1004 file a motion to determine whether the defendant is
1005 intellectually disabled. Upon receipt of the motion, the court
1006 shall appoint two experts in the field of intellectual
1007 disabilities who shall evaluate the defendant and report their
1008 findings to the court and all interested parties prior to the
1009 final sentencing hearing. Notwithstanding s. 921.141, s.
1010 921.142, or s. 921.1425, or s. 921.1427, the final sentencing
1011 hearing shall be held without a jury. At the final sentencing
1012 hearing, the court shall consider the findings of the court
1013 appointed experts and consider the findings of any other expert
1014 which is offered by the state or the defense on the issue of
1015 whether the defendant has an intellectual disability. If the
1016 court finds, by clear and convincing evidence, that the
1017 defendant has an intellectual disability as defined in
1018 subsection (1), the court may not impose a sentence of death and
1019 shall enter a written order that sets forth with specificity the
1020 findings in support of the determination.
1021 Section 16. Subsection (9) of section 921.141, Florida
1022 Statutes, is amended to read:
1023 921.141 Sentence of death or life imprisonment for capital
1024 felonies; further proceedings to determine sentence.—
1025 (9) APPLICABILITY.—This section does not apply to a person
1026 convicted or adjudicated guilty of a capital sexual battery
1027 under s. 794.011, capital human trafficking of vulnerable
1028 persons for sexual exploitation under s. 787.06(5), or a capital
1029 drug trafficking felony under s. 893.135.
1030 Section 17. For the purpose of incorporating the amendment
1031 made by this act to section 775.21, Florida Statutes, in a
1032 reference thereto, paragraph (c) of subsection (1) of section
1033 16.713, Florida Statutes, is reenacted to read:
1034 16.713 Florida Gaming Control Commission; appointment and
1035 employment restrictions.—
1036 (1) PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION.
1037 The following persons are ineligible for appointment to the
1038 commission:
1039 (c) A person who has been convicted of or found guilty of
1040 or pled nolo contendere to, regardless of adjudication, in any
1041 jurisdiction, a crime listed in s. 775.21(4)(a)1. or s. 776.08.
1042 Section 18. For the purpose of incorporating the amendment
1043 made by this act to section 775.21, Florida Statutes, in a
1044 reference thereto, paragraph (a) of subsection (3) of section
1045 39.0139, Florida Statutes, is reenacted to read:
1046 39.0139 Visitation or other contact; restrictions.—
1047 (3) PRESUMPTION OF DETRIMENT.—
1048 (a) A rebuttable presumption of detriment to a child is
1049 created when:
1050 1. A court of competent jurisdiction has found probable
1051 cause exists that a parent or caregiver has sexually abused a
1052 child as defined in s. 39.01;
1053 2. A parent or caregiver has been found guilty of,
1054 regardless of adjudication, or has entered a plea of guilty or
1055 nolo contendere to, charges under the following statutes or
1056 substantially similar statutes of other jurisdictions:
1057 a. Section 787.04, relating to removing minors from the
1058 state or concealing minors contrary to court order;
1059 b. Section 794.011, relating to sexual battery;
1060 c. Section 798.02, relating to lewd and lascivious
1061 behavior;
1062 d. Chapter 800, relating to lewdness and indecent exposure;
1063 e. Section 826.04, relating to incest; or
1064 f. Chapter 827, relating to the abuse of children; or
1065 3. A court of competent jurisdiction has determined a
1066 parent or caregiver to be a sexual predator as defined in s.
1067 775.21 or a parent or caregiver has received a substantially
1068 similar designation under laws of another jurisdiction.
1069 Section 19. For the purpose of incorporating the amendment
1070 made by this act to section 775.21, Florida Statutes, in a
1071 reference thereto, paragraph (b) of subsection (6) of section
1072 39.509, Florida Statutes, is reenacted to read:
1073 39.509 Grandparents rights.—Notwithstanding any other
1074 provision of law, a maternal or paternal grandparent as well as
1075 a stepgrandparent is entitled to reasonable visitation with his
1076 or her grandchild who has been adjudicated a dependent child and
1077 taken from the physical custody of the parent unless the court
1078 finds that such visitation is not in the best interest of the
1079 child or that such visitation would interfere with the goals of
1080 the case plan. Reasonable visitation may be unsupervised and,
1081 where appropriate and feasible, may be frequent and continuing.
1082 Any order for visitation or other contact must conform to the
1083 provisions of s. 39.0139.
1084 (6) In determining whether grandparental visitation is not
1085 in the child’s best interest, consideration may be given to the
1086 following:
1087 (b) The designation by a court as a sexual predator as
1088 defined in s. 775.21 or a substantially similar designation
1089 under laws of another jurisdiction.
1090 Section 20. For the purpose of incorporating the amendment
1091 made by this act to section 775.21, Florida Statutes, in
1092 references thereto, paragraphs (d) and (n) of subsection (1) of
1093 section 39.806, Florida Statutes, are reenacted to read:
1094 39.806 Grounds for termination of parental rights.—
1095 (1) Grounds for the termination of parental rights may be
1096 established under any of the following circumstances:
1097 (d) When the parent of a child is incarcerated and either:
1098 1. The period of time for which the parent is expected to
1099 be incarcerated will constitute a significant portion of the
1100 child’s minority. When determining whether the period of time is
1101 significant, the court shall consider the child’s age and the
1102 child’s need for a permanent and stable home. The period of time
1103 begins on the date that the parent enters into incarceration;
1104 2. The incarcerated parent has been determined by the court
1105 to be a violent career criminal as defined in s. 775.084, a
1106 habitual violent felony offender as defined in s. 775.084, or a
1107 sexual predator as defined in s. 775.21; has been convicted of
1108 first degree or second degree murder in violation of s. 782.04
1109 or a sexual battery that constitutes a capital, life, or first
1110 degree felony violation of s. 794.011; or has been convicted of
1111 an offense in another jurisdiction which is substantially
1112 similar to one of the offenses listed in this paragraph. As used
1113 in this section, the term “substantially similar offense” means
1114 any offense that is substantially similar in elements and
1115 penalties to one of those listed in this subparagraph, and that
1116 is in violation of a law of any other jurisdiction, whether that
1117 of another state, the District of Columbia, the United States or
1118 any possession or territory thereof, or any foreign
1119 jurisdiction; or
1120 3. The court determines by clear and convincing evidence
1121 that continuing the parental relationship with the incarcerated
1122 parent would be harmful to the child and, for this reason, that
1123 termination of the parental rights of the incarcerated parent is
1124 in the best interest of the child. When determining harm, the
1125 court shall consider the following factors:
1126 a. The age of the child.
1127 b. The relationship between the child and the parent.
1128 c. The nature of the parent’s current and past provision
1129 for the child’s developmental, cognitive, psychological, and
1130 physical needs.
1131 d. The parent’s history of criminal behavior, which may
1132 include the frequency of incarceration and the unavailability of
1133 the parent to the child due to incarceration.
1134 e. Any other factor the court deems relevant.
1135 (n) The parent is convicted of an offense that requires the
1136 parent to register as a sexual predator under s. 775.21.
1137 Section 21. For the purpose of incorporating the amendment
1138 made by this act to section 775.21, Florida Statutes, in a
1139 reference thereto, paragraph (c) of subsection (9) of section
1140 61.13, Florida Statutes, is reenacted to read:
1141 61.13 Support of children; parenting and time-sharing;
1142 powers of court.—
1143 (9)
1144 (c) A court may not order visitation at a recovery
1145 residence if any resident of the recovery residence is currently
1146 required to register as a sexual predator under s. 775.21 or as
1147 a sexual offender under s. 943.0435.
1148 Section 22. For the purpose of incorporating the amendment
1149 made by this act to section 775.21, Florida Statutes, in a
1150 reference thereto, paragraph (b) of subsection (4) of section
1151 63.089, Florida Statutes, is reenacted to read:
1152 63.089 Proceeding to terminate parental rights pending
1153 adoption; hearing; grounds; dismissal of petition; judgment.—
1154 (4) FINDING OF ABANDONMENT.—A finding of abandonment
1155 resulting in a termination of parental rights must be based upon
1156 clear and convincing evidence that a parent or person having
1157 legal custody has abandoned the child in accordance with the
1158 definition contained in s. 63.032. A finding of abandonment may
1159 also be based upon emotional abuse or a refusal to provide
1160 reasonable financial support, when able, to a birth mother
1161 during her pregnancy or on whether the person alleged to have
1162 abandoned the child, while being able, failed to establish
1163 contact with the child or accept responsibility for the child’s
1164 welfare.
1165 (b) The child has been abandoned when the parent of a child
1166 is incarcerated on or after October 1, 2001, in a federal,
1167 state, or county correctional institution and:
1168 1. The period of time for which the parent has been or is
1169 expected to be incarcerated will constitute a significant
1170 portion of the child’s minority. In determining whether the
1171 period of time is significant, the court shall consider the
1172 child’s age and the child’s need for a permanent and stable
1173 home. The period of time begins on the date that the parent
1174 enters into incarceration;
1175 2. The incarcerated parent has been determined by a court
1176 of competent jurisdiction to be a violent career criminal as
1177 defined in s. 775.084, a habitual violent felony offender as
1178 defined in s. 775.084, convicted of child abuse as defined in s.
1179 827.03, or a sexual predator as defined in s. 775.21; has been
1180 convicted of first degree or second degree murder in violation
1181 of s. 782.04 or a sexual battery that constitutes a capital,
1182 life, or first degree felony violation of s. 794.011; or has
1183 been convicted of a substantially similar offense in another
1184 jurisdiction. As used in this section, the term “substantially
1185 similar offense” means any offense that is substantially similar
1186 in elements and penalties to one of those listed in this
1187 subparagraph, and that is in violation of a law of any other
1188 jurisdiction, whether that of another state, the District of
1189 Columbia, the United States or any possession or territory
1190 thereof, or any foreign jurisdiction; or
1191 3. The court determines by clear and convincing evidence
1192 that continuing the parental relationship with the incarcerated
1193 parent would be harmful to the child and, for this reason,
1194 termination of the parental rights of the incarcerated parent is
1195 in the best interests of the child.
1196 Section 23. For the purpose of incorporating the amendment
1197 made by this act to section 775.21, Florida Statutes, in a
1198 reference thereto, subsection (3) of section 63.092, Florida
1199 Statutes, is reenacted to read:
1200 63.092 Report to the court of intended placement by an
1201 adoption entity; at-risk placement; preliminary study.—
1202 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
1203 intended adoptive home, a preliminary home study must be
1204 performed by a licensed child-placing agency, a child-caring
1205 agency registered under s. 409.176, a licensed professional, or
1206 an agency described in s. 61.20(2), unless the adoptee is an
1207 adult or the petitioner is a stepparent or a relative. If the
1208 adoptee is an adult or the petitioner is a stepparent or a
1209 relative, a preliminary home study may be required by the court
1210 for good cause shown. The department is required to perform the
1211 preliminary home study only if there is no licensed child
1212 placing agency, child-caring agency registered under s. 409.176,
1213 licensed professional, or agency described in s. 61.20(2), in
1214 the county where the prospective adoptive parents reside. The
1215 preliminary home study must be made to determine the suitability
1216 of the intended adoptive parents and may be completed before
1217 identification of a prospective adoptive minor. If the
1218 identified prospective adoptive minor is in the custody of the
1219 department, a preliminary home study must be completed within 30
1220 days after it is initiated. A favorable preliminary home study
1221 is valid for 1 year after the date of its completion. Upon its
1222 completion, a signed copy of the home study must be provided to
1223 the intended adoptive parents who were the subject of the home
1224 study. A minor may not be placed in an intended adoptive home
1225 before a favorable preliminary home study is completed unless
1226 the adoptive home is also a licensed foster home under s.
1227 409.175. The preliminary home study must include, at a minimum:
1228 (a) An interview with the intended adoptive parents.
1229 (b) Records checks of the department’s central abuse
1230 registry, which the department shall provide to the entity
1231 conducting the preliminary home study, and criminal records
1232 correspondence checks under s. 39.0138 through the Department of
1233 Law Enforcement on the intended adoptive parents.
1234 (c) An assessment of the physical environment of the home.
1235 (d) A determination of the financial security of the
1236 intended adoptive parents.
1237 (e) Documentation of counseling and education of the
1238 intended adoptive parents on adoptive parenting, as determined
1239 by the entity conducting the preliminary home study. The
1240 training specified in s. 409.175(14) shall only be required for
1241 persons who adopt children from the department.
1242 (f) Documentation that information on adoption and the
1243 adoption process has been provided to the intended adoptive
1244 parents.
1245 (g) Documentation that information on support services
1246 available in the community has been provided to the intended
1247 adoptive parents.
1248 (h) A copy of each signed acknowledgment of receipt of
1249 disclosure required by s. 63.085.
1250
1251 If the preliminary home study is favorable, a minor may be
1252 placed in the home pending entry of the judgment of adoption. A
1253 minor may not be placed in the home if the preliminary home
1254 study is unfavorable. If the preliminary home study is
1255 unfavorable, the adoption entity may, within 20 days after
1256 receipt of a copy of the written recommendation, petition the
1257 court to determine the suitability of the intended adoptive
1258 home. A determination as to suitability under this subsection
1259 does not act as a presumption of suitability at the final
1260 hearing. In determining the suitability of the intended adoptive
1261 home, the court must consider the totality of the circumstances
1262 in the home. A minor may not be placed in a home in which there
1263 resides any person determined by the court to be a sexual
1264 predator as defined in s. 775.21 or to have been convicted of an
1265 offense listed in s. 63.089(4)(b)2.
1266 Section 24. For the purpose of incorporating the amendment
1267 made by this act to section 775.21, Florida Statutes, in
1268 references thereto, paragraph (i) of subsection (3) and
1269 subsection (6) of section 68.07, Florida Statutes, are reenacted
1270 to read:
1271 68.07 Change of name.—
1272 (3) Each petition shall be verified and show:
1273 (i) Whether the petitioner has ever been required to
1274 register as a sexual predator under s. 775.21 or as a sexual
1275 offender under s. 943.0435.
1276 (6) The clerk of the court must, within 5 business days
1277 after the filing of the final judgment, send a report of the
1278 judgment to the Department of Law Enforcement on a form to be
1279 furnished by that department. If the petitioner is required to
1280 register as a sexual predator or a sexual offender pursuant to
1281 s. 775.21 or s. 943.0435, the clerk of court shall
1282 electronically notify the Department of Law Enforcement of the
1283 name change, in a manner prescribed by that department, within 2
1284 business days after the filing of the final judgment. The
1285 Department of Law Enforcement must send a copy of the report to
1286 the Department of Highway Safety and Motor Vehicles, which may
1287 be delivered by electronic transmission. The report must contain
1288 sufficient information to identify the petitioner, including the
1289 results of the criminal history records check if applicable, the
1290 new name of the petitioner, and the file number of the judgment.
1291 The Department of Highway Safety and Motor Vehicles shall
1292 monitor the records of any sexual predator or sexual offender
1293 whose name has been provided to it by the Department of Law
1294 Enforcement. If the sexual predator or sexual offender does not
1295 obtain a replacement driver license or identification card
1296 within the required time as specified in s. 775.21 or s.
1297 943.0435, the Department of Highway Safety and Motor Vehicles
1298 shall notify the Department of Law Enforcement. The Department
1299 of Law Enforcement shall notify applicable law enforcement
1300 agencies of the predator’s or offender’s failure to comply with
1301 registration requirements. Any information retained by the
1302 Department of Law Enforcement and the Department of Highway
1303 Safety and Motor Vehicles may be revised or supplemented by said
1304 departments to reflect changes made by the final judgment. With
1305 respect to a person convicted of a felony in another state or of
1306 a federal offense, the Department of Law Enforcement must send
1307 the report to the respective state’s office of law enforcement
1308 records or to the office of the Federal Bureau of Investigation.
1309 The Department of Law Enforcement may forward the report to any
1310 other law enforcement agency it believes may retain information
1311 related to the petitioner.
1312 Section 25. For the purpose of incorporating the amendment
1313 made by this act to section 775.21, Florida Statutes, in a
1314 reference thereto, paragraph (b) of subsection (1) of section
1315 92.55, Florida Statutes, is reenacted to read:
1316 92.55 Special protections in proceedings involving victim
1317 or witness under 18, person with intellectual disability, or
1318 sexual offense victim.—
1319 (1) For purposes of this section, the term:
1320 (b) “Sexual offense” means any offense specified in s.
1321 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
1322 Section 26. For the purpose of incorporating the amendment
1323 made by this act to section 775.21, Florida Statutes, in a
1324 reference thereto, subsection (3) of section 322.141, Florida
1325 Statutes, is reenacted to read:
1326 322.141 Color or markings of certain licenses or
1327 identification cards.—
1328 (3) All licenses for the operation of motor vehicles or
1329 identification cards originally issued or reissued by the
1330 department to persons who are designated as sexual predators
1331 under s. 775.21 or subject to registration as sexual offenders
1332 under s. 943.0435 or s. 944.607, or who have a similar
1333 designation or are subject to a similar registration under the
1334 laws of another jurisdiction, shall have on the front of the
1335 license or identification card the following:
1336 (a) For a person designated as a sexual predator under s.
1337 775.21 or who has a similar designation under the laws of
1338 another jurisdiction, the marking “SEXUAL PREDATOR.”
1339 (b) For a person subject to registration as a sexual
1340 offender under s. 943.0435 or s. 944.607, or subject to a
1341 similar registration under the laws of another jurisdiction, the
1342 marking “943.0435, F.S.”
1343 Section 27. For the purpose of incorporating the amendment
1344 made by this act to section 775.21, Florida Statutes, in a
1345 reference thereto, paragraph (b) of subsection (10) of section
1346 397.487, Florida Statutes, is reenacted to read:
1347 397.487 Voluntary certification of recovery residences.—
1348 (10)
1349 (b) A certified recovery residence may not allow a minor
1350 child to visit a parent who is a resident of the recovery
1351 residence at any time if any resident of the recovery residence
1352 is currently required to register as a sexual predator under s.
1353 775.21 or as a sexual offender under s. 943.0435.
1354 Section 28. For the purpose of incorporating the amendment
1355 made by this act to section 775.21, Florida Statutes, in a
1356 reference thereto, paragraph (b) of subsection (4) of section
1357 435.07, Florida Statutes, is reenacted to read:
1358 435.07 Exemptions from disqualification.—Unless otherwise
1359 provided by law, the provisions of this section apply to
1360 exemptions from disqualification for disqualifying offenses
1361 revealed pursuant to background screenings required under this
1362 chapter, regardless of whether those disqualifying offenses are
1363 listed in this chapter or other laws.
1364 (4)
1365 (b) Disqualification from employment or affiliation under
1366 this chapter may not be removed from, nor may an exemption be
1367 granted to, any person who is a:
1368 1. Sexual predator as designated pursuant to s. 775.21;
1369 2. Career offender pursuant to s. 775.261; or
1370 3. Sexual offender pursuant to s. 943.0435, unless the
1371 requirement to register as a sexual offender has been removed
1372 pursuant to s. 943.04354.
1373 Section 29. For the purpose of incorporating the amendment
1374 made by this act to section 775.21, Florida Statutes, in a
1375 reference thereto, paragraph (b) of subsection (3) of section
1376 455.213, Florida Statutes, is reenacted to read:
1377 455.213 General licensing provisions.—
1378 (3)
1379 (b)1. A conviction, or any other adjudication, for a crime
1380 more than 5 years before the date the application is received by
1381 the applicable board may not be grounds for denial of a license
1382 specified in paragraph (a). For purposes of this paragraph, the
1383 term “conviction” means a determination of guilt that is the
1384 result of a plea or trial, regardless of whether adjudication is
1385 withheld. This paragraph does not limit the applicable board
1386 from considering an applicant’s criminal history that includes a
1387 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
1388 only if such criminal history has been found to relate to the
1389 practice of the applicable profession.
1390 2. The applicable board may consider the criminal history
1391 of an applicant for licensure under subparagraph (a)3. if such
1392 criminal history has been found to relate to good moral
1393 character.
1394 Section 30. For the purpose of incorporating the amendment
1395 made by this act to section 775.21, Florida Statutes, in a
1396 reference thereto, subsection (7) of section 489.553, Florida
1397 Statutes, is reenacted to read:
1398 489.553 Administration of part; registration
1399 qualifications; examination.—
1400 (7) Notwithstanding any other law, a conviction, or any
1401 other adjudication, for a crime more than 5 years before the
1402 date the application is received by the department or other
1403 applicable authority may not be grounds for denial of
1404 registration. For purposes of this subsection, the term
1405 “conviction” means a determination of guilt that is the result
1406 of a plea or trial, regardless of whether adjudication is
1407 withheld. This subsection does not limit a board from
1408 considering an applicant’s criminal history that includes any
1409 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
1410 only if such criminal history has been found to relate to the
1411 practice of the applicable profession, or any crime if it has
1412 been found to relate to good moral character.
1413 Section 31. For the purpose of incorporating the amendment
1414 made by this act to section 775.21, Florida Statutes, in a
1415 reference thereto, subsection (10) of section 507.07, Florida
1416 Statutes, is reenacted to read:
1417 507.07 Violations.—It is a violation of this chapter:
1418 (10) For a mover or a moving broker to knowingly refuse or
1419 fail to disclose in writing to a customer before a household
1420 move that the mover, or an employee or subcontractor of the
1421 mover or moving broker, who has access to the dwelling or
1422 property of the customer, including access to give a quote for
1423 the move, has been convicted of a felony listed in s.
1424 775.21(4)(a)1. or convicted of a similar offense of another
1425 jurisdiction, regardless of when such felony offense was
1426 committed.
1427 Section 32. For the purpose of incorporating the amendment
1428 made by this act to section 775.21, Florida Statutes, in a
1429 reference thereto, subsection (4) of section 775.13, Florida
1430 Statutes, is reenacted to read:
1431 775.13 Registration of convicted felons, exemptions;
1432 penalties.—
1433 (4) This section does not apply to an offender:
1434 (a) Who has had his or her civil rights restored;
1435 (b) Who has received a full pardon for the offense for
1436 which convicted;
1437 (c) Who has been lawfully released from incarceration or
1438 other sentence or supervision for a felony conviction for more
1439 than 5 years prior to such time for registration, unless the
1440 offender is a fugitive from justice on a felony charge or has
1441 been convicted of any offense since release from such
1442 incarceration or other sentence or supervision;
1443 (d) Who is a parolee or probationer under the supervision
1444 of the United States Parole Commission if the commission knows
1445 of and consents to the presence of the offender in Florida or is
1446 a probationer under the supervision of any federal probation
1447 officer in the state or who has been lawfully discharged from
1448 such parole or probation;
1449 (e) Who is a sexual predator and has registered as required
1450 under s. 775.21;
1451 (f) Who is a sexual offender and has registered as required
1452 in s. 943.0435 or s. 944.607; or
1453 (g) Who is a career offender who has registered as required
1454 in s. 775.261 or s. 944.609.
1455 Section 33. For the purpose of incorporating the amendment
1456 made by this act to section 775.21, Florida Statutes, in a
1457 reference thereto, section 775.25, Florida Statutes, is
1458 reenacted to read:
1459 775.25 Prosecutions for acts or omissions.—A sexual
1460 predator or sexual offender who commits any act or omission in
1461 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
1462 944.607, or former s. 947.177 may be prosecuted for the act or
1463 omission in the county in which the act or omission was
1464 committed, in the county of the last registered address of the
1465 sexual predator or sexual offender, in the county in which the
1466 conviction occurred for the offense or offenses that meet the
1467 criteria for designating a person as a sexual predator or sexual
1468 offender, in the county where the sexual predator or sexual
1469 offender was released from incarceration, or in the county of
1470 the intended address of the sexual predator or sexual offender
1471 as reported by the predator or offender prior to his or her
1472 release from incarceration. In addition, a sexual predator may
1473 be prosecuted for any such act or omission in the county in
1474 which he or she was designated a sexual predator.
1475 Section 34. For the purpose of incorporating the amendment
1476 made by this act to section 775.21, Florida Statutes, in a
1477 reference thereto, subsection (1) of section 794.075, Florida
1478 Statutes, is reenacted to read:
1479 794.075 Sexual predators; erectile dysfunction drugs.—
1480 (1) A person may not possess a prescription drug, as
1481 defined in s. 499.003(40), for the purpose of treating erectile
1482 dysfunction if the person is designated as a sexual predator
1483 under s. 775.21.
1484 Section 35. For the purpose of incorporating the amendment
1485 made by this act to section 775.21, Florida Statutes, in a
1486 reference thereto, paragraph (cc) of subsection (2) of section
1487 900.05, Florida Statutes, is reenacted to read:
1488 900.05 Criminal justice data collection.—
1489 (2) DEFINITIONS.—As used in this section, the term:
1490 (cc) “Sexual offender flag” means an indication that a
1491 defendant was required to register as a sexual predator as
1492 defined in s. 775.21 or as a sexual offender as defined in s.
1493 943.0435.
1494 Section 36. For the purpose of incorporating the amendment
1495 made by this act to section 775.21, Florida Statutes, in a
1496 reference thereto, paragraph (c) of subsection (1) of section
1497 903.0351, Florida Statutes, is reenacted to read:
1498 903.0351 Restrictions on pretrial release pending
1499 probation-violation hearing or community-control-violation
1500 hearing.—
1501 (1) In the instance of an alleged violation of felony
1502 probation or community control, bail or any other form of
1503 pretrial release shall not be granted prior to the resolution of
1504 the probation-violation hearing or the community-control
1505 violation hearing to:
1506 (c) A person who is on felony probation or community
1507 control and has previously been found by a court to be a
1508 habitual violent felony offender as defined in s. 775.084(1)(b),
1509 a three-time violent felony offender as defined in s.
1510 775.084(1)(c), or a sexual predator under s. 775.21, and who is
1511 arrested for committing a qualifying offense as defined in s.
1512 948.06(8)(c) on or after the effective date of this act.
1513 Section 37. For the purpose of incorporating the amendment
1514 made by this act to section 775.21, Florida Statutes, in a
1515 reference thereto, paragraph (m) of subsection (2) of section
1516 903.046, Florida Statutes, is reenacted to read:
1517 903.046 Purpose of and criteria for bail determination.—
1518 (2) When determining whether to release a defendant on bail
1519 or other conditions, and what that bail or those conditions may
1520 be, the court shall consider:
1521 (m) Whether the defendant, other than a defendant whose
1522 only criminal charge is a misdemeanor offense under chapter 316,
1523 is required to register as a sexual offender under s. 943.0435
1524 or a sexual predator under s. 775.21; and, if so, he or she is
1525 not eligible for release on bail or surety bond until the first
1526 appearance on the case in order to ensure the full participation
1527 of the prosecutor and the protection of the public.
1528 Section 38. For the purpose of incorporating the amendment
1529 made by this act to section 775.21, Florida Statutes, in a
1530 reference thereto, subsection (3) of section 903.133, Florida
1531 Statutes, is reenacted to read:
1532 903.133 Bail on appeal; prohibited for certain felony
1533 convictions.—Notwithstanding s. 903.132, no person shall be
1534 admitted to bail pending review either by posttrial motion or
1535 appeal if he or she was adjudged guilty of:
1536 (3) Any other offense requiring sexual offender
1537 registration under s. 943.0435(1)(h) or sexual predator
1538 registration under s. 775.21(4) when, at the time of the
1539 offense, the offender was 18 years of age or older and the
1540 victim was a minor.
1541 Section 39. For the purpose of incorporating the amendment
1542 made by this act to section 775.21, Florida Statutes, in a
1543 reference thereto, paragraph (b) of subsection (4) of section
1544 907.043, Florida Statutes, is reenacted to read:
1545 907.043 Pretrial release; citizens’ right to know.—
1546 (4)
1547 (b) The annual report must contain, but need not be limited
1548 to:
1549 1. The name, location, and funding sources of the pretrial
1550 release program, including the amount of public funds, if any,
1551 received by the pretrial release program.
1552 2. The operating and capital budget of each pretrial
1553 release program receiving public funds.
1554 3.a. The percentage of the pretrial release program’s total
1555 budget representing receipt of public funds.
1556 b. The percentage of the total budget which is allocated to
1557 assisting defendants obtain release through a nonpublicly funded
1558 program.
1559 c. The amount of fees paid by defendants to the pretrial
1560 release program.
1561 4. The number of persons employed by the pretrial release
1562 program.
1563 5. The number of defendants assessed and interviewed for
1564 pretrial release.
1565 6. The number of defendants recommended for pretrial
1566 release.
1567 7. The number of defendants for whom the pretrial release
1568 program recommended against nonsecured release.
1569 8. The number of defendants granted nonsecured release
1570 after the pretrial release program recommended nonsecured
1571 release.
1572 9. The number of defendants assessed and interviewed for
1573 pretrial release who were declared indigent by the court.
1574 10. The number of defendants accepted into a pretrial
1575 release program who paid a surety or cash bail or bond.
1576 11. The number of defendants for whom a risk assessment
1577 tool was used in determining whether the defendant should be
1578 released pending the disposition of the case and the number of
1579 defendants for whom a risk assessment tool was not used.
1580 12. The specific statutory citation for each criminal
1581 charge related to a defendant whose case is accepted into a
1582 pretrial release program, including, at a minimum, the number of
1583 defendants charged with dangerous crimes as defined in s.
1584 907.041; nonviolent felonies; or misdemeanors only. A
1585 “nonviolent felony” for purposes of this subparagraph excludes
1586 the commission of, an attempt to commit, or a conspiracy to
1587 commit any of the following:
1588 a. An offense enumerated in s. 775.084(1)(c);
1589 b. An offense that requires a person to register as a
1590 sexual predator in accordance with s. 775.21 or as a sexual
1591 offender in accordance with s. 943.0435;
1592 c. Failure to register as a sexual predator in violation of
1593 s. 775.21 or as a sexual offender in violation of s. 943.0435;
1594 d. Facilitating or furthering terrorism in violation of s.
1595 775.31;
1596 e. A forcible felony as described in s. 776.08;
1597 f. False imprisonment in violation of s. 787.02;
1598 g. Burglary of a dwelling or residence in violation of s.
1599 810.02(3);
1600 h. Abuse, aggravated abuse, and neglect of an elderly
1601 person or disabled adult in violation of s. 825.102;
1602 i. Abuse, aggravated abuse, and neglect of a child in
1603 violation of s. 827.03;
1604 j. Poisoning of food or water in violation of s. 859.01;
1605 k. Abuse of a dead human body in violation of s. 872.06;
1606 l. A capital offense in violation of chapter 893;
1607 m. An offense that results in serious bodily injury or
1608 death to another human; or
1609 n. A felony offense in which the defendant used a weapon or
1610 firearm in the commission of the offense.
1611 13. The number of defendants accepted into a pretrial
1612 release program with no prior criminal conviction.
1613 14. The name and case number of each person granted
1614 nonsecured release who:
1615 a. Failed to attend a scheduled court appearance.
1616 b. Was issued a warrant for failing to appear.
1617 c. Was arrested for any offense while on release through
1618 the pretrial release program.
1619 15. Any additional information deemed necessary by the
1620 governing body to assess the performance and cost efficiency of
1621 the pretrial release program.
1622 Section 40. For the purpose of incorporating the amendment
1623 made by this act to section 775.21, Florida Statutes, in a
1624 reference thereto, subsection (1) of section 938.10, Florida
1625 Statutes, is reenacted to read:
1626 938.10 Additional court cost imposed in cases of certain
1627 crimes.—
1628 (1) If a person pleads guilty or nolo contendere to, or is
1629 found guilty of, regardless of adjudication, any offense against
1630 a minor in violation of s. 784.085, chapter 787, chapter 794,
1631 former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
1632 847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
1633 s. 893.147(3), or s. 985.701, or any offense in violation of s.
1634 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
1635 court shall impose a court cost of $151 against the offender in
1636 addition to any other cost or penalty required by law.
1637 Section 41. For the purpose of incorporating the amendment
1638 made by this act to section 775.21, Florida Statutes, in a
1639 reference thereto, subsection (5) of section 943.0435, Florida
1640 Statutes, is reenacted to read:
1641 943.0435 Sexual offenders required to register with the
1642 department; penalty.—
1643 (5) This section does not apply to a sexual offender who is
1644 also a sexual predator, as defined in s. 775.21. A sexual
1645 predator must register as required under s. 775.21.
1646 Section 42. For the purpose of incorporating the amendment
1647 made by this act to section 775.21, Florida Statutes, in a
1648 reference thereto, subsection (2) of section 943.0584, Florida
1649 Statutes, is reenacted to read:
1650 943.0584 Criminal history records ineligible for court
1651 ordered expunction or court-ordered sealing.—
1652 (2) A criminal history record is ineligible for a
1653 certificate of eligibility for expunction or a court-ordered
1654 expunction pursuant to s. 943.0585 or a certificate of
1655 eligibility for sealing or a court-ordered sealing pursuant to
1656 s. 943.059 if the record is a conviction for any of the
1657 following offenses:
1658 (a) Sexual misconduct, as defined in s. 393.135, s.
1659 394.4593, or s. 916.1075;
1660 (b) Illegal use of explosives, as defined in chapter 552;
1661 (c) Terrorism, as defined in s. 775.30;
1662 (d) Murder, as defined in s. 782.04, s. 782.065, or s.
1663 782.09;
1664 (e) Manslaughter or homicide, as defined in s. 782.07, s.
1665 782.071, or s. 782.072;
1666 (f) Assault or battery, as defined in ss. 784.011 and
1667 784.03, respectively, of one family or household member by
1668 another family or household member, as defined in s. 741.28(3);
1669 (g) Aggravated assault, as defined in s. 784.021;
1670 (h) Felony battery, domestic battery by strangulation, or
1671 aggravated battery, as defined in ss. 784.03, 784.041, and
1672 784.045, respectively;
1673 (i) Stalking or aggravated stalking, as defined in s.
1674 784.048;
1675 (j) Luring or enticing a child, as defined in s. 787.025;
1676 (k) Human trafficking, as defined in s. 787.06;
1677 (l) Kidnapping or false imprisonment, as defined in s.
1678 787.01 or s. 787.02;
1679 (m) Any offense defined in chapter 794;
1680 (n) Procuring a person less than 18 years of age for
1681 prostitution, as defined in former s. 796.03;
1682 (o) Lewd or lascivious offenses committed upon or in the
1683 presence of persons less than 16 years of age, as defined in s.
1684 800.04;
1685 (p) Arson, as defined in s. 806.01;
1686 (q) Burglary of a dwelling, as defined in s. 810.02;
1687 (r) Voyeurism or digital voyeurism, as defined in ss.
1688 810.14 and 810.145, respectively;
1689 (s) Robbery or robbery by sudden snatching, as defined in
1690 ss. 812.13 and 812.131, respectively;
1691 (t) Carjacking, as defined in s. 812.133;
1692 (u) Home-invasion robbery, as defined in s. 812.135;
1693 (v) A violation of the Florida Communications Fraud Act, as
1694 provided in s. 817.034;
1695 (w) Abuse of an elderly person or disabled adult, or
1696 aggravated abuse of an elderly person or disabled adult, as
1697 defined in s. 825.102;
1698 (x) Lewd or lascivious offenses committed upon or in the
1699 presence of an elderly person or disabled person, as defined in
1700 s. 825.1025;
1701 (y) Child abuse or aggravated child abuse, as defined in s.
1702 827.03;
1703 (z) Sexual performance by a child, as defined in s.
1704 827.071;
1705 (aa) Any offense defined in chapter 839;
1706 (bb) Certain acts in connection with obscenity, as defined
1707 in s. 847.0133;
1708 (cc) Any offense defined in s. 847.0135;
1709 (dd) Selling or buying of minors, as defined in s.
1710 847.0145;
1711 (ee) Aircraft piracy, as defined in s. 860.16;
1712 (ff) Manufacturing a controlled substance in violation of
1713 chapter 893;
1714 (gg) Drug trafficking, as defined in s. 893.135; or
1715 (hh) Any violation specified as a predicate offense for
1716 registration as a sexual predator pursuant to s. 775.21, or
1717 sexual offender pursuant to s. 943.0435, without regard to
1718 whether that offense alone is sufficient to require such
1719 registration.
1720 Section 43. For the purpose of incorporating the amendment
1721 made by this act to section 775.21, Florida Statutes, in a
1722 reference thereto, subsection (4) of section 944.609, Florida
1723 Statutes, is reenacted to read:
1724 944.609 Career offenders; notification upon release.—
1725 (4) The department or any law enforcement agency may notify
1726 the community and the public of a career offender’s presence in
1727 the community. However, with respect to a career offender who
1728 has been found to be a sexual predator under s. 775.21, the
1729 Department of Law Enforcement or any other law enforcement
1730 agency must inform the community and the public of the career
1731 offender’s presence in the community, as provided in s. 775.21.
1732 Section 44. For the purpose of incorporating the amendment
1733 made by this act to section 775.21, Florida Statutes, in
1734 references thereto, paragraph (c) of subsection (2) and
1735 subsection (10) of section 947.1405, Florida Statutes, are
1736 reenacted to read:
1737 947.1405 Conditional release program.—
1738 (2) Any inmate who:
1739 (c) Is found to be a sexual predator under s. 775.21 or
1740 former s. 775.23,
1741
1742 shall, upon reaching the tentative release date or provisional
1743 release date, whichever is earlier, as established by the
1744 Department of Corrections, be released under supervision subject
1745 to specified terms and conditions, including payment of the cost
1746 of supervision pursuant to s. 948.09. Such supervision shall be
1747 applicable to all sentences within the overall term of sentences
1748 if an inmate’s overall term of sentences includes one or more
1749 sentences that are eligible for conditional release supervision
1750 as provided herein. Effective July 1, 1994, and applicable for
1751 offenses committed on or after that date, the commission may
1752 require, as a condition of conditional release, that the
1753 releasee make payment of the debt due and owing to a county or
1754 municipal detention facility under s. 951.032 for medical care,
1755 treatment, hospitalization, or transportation received by the
1756 releasee while in that detention facility. The commission, in
1757 determining whether to order such repayment and the amount of
1758 such repayment, shall consider the amount of the debt, whether
1759 there was any fault of the institution for the medical expenses
1760 incurred, the financial resources of the releasee, the present
1761 and potential future financial needs and earning ability of the
1762 releasee, and dependents, and other appropriate factors. If any
1763 inmate placed on conditional release supervision is also subject
1764 to probation or community control, resulting from a probationary
1765 or community control split sentence within the overall term of
1766 sentences, the Department of Corrections shall supervise such
1767 person according to the conditions imposed by the court and the
1768 commission shall defer to such supervision. If the court revokes
1769 probation or community control and resentences the offender to a
1770 term of incarceration, such revocation also constitutes a
1771 sufficient basis for the revocation of the conditional release
1772 supervision on any nonprobationary or noncommunity control
1773 sentence without further hearing by the commission. If any such
1774 supervision on any nonprobationary or noncommunity control
1775 sentence is revoked, such revocation may result in a forfeiture
1776 of all gain-time, and the commission may revoke the resulting
1777 deferred conditional release supervision or take other action it
1778 considers appropriate. If the term of conditional release
1779 supervision exceeds that of the probation or community control,
1780 then, upon expiration of the probation or community control,
1781 authority for the supervision shall revert to the commission and
1782 the supervision shall be subject to the conditions imposed by
1783 the commission. A panel of no fewer than two commissioners shall
1784 establish the terms and conditions of any such release. If the
1785 offense was a controlled substance violation, the conditions
1786 shall include a requirement that the offender submit to random
1787 substance abuse testing intermittently throughout the term of
1788 conditional release supervision, upon the direction of the
1789 correctional probation officer as defined in s. 943.10(3). The
1790 commission shall also determine whether the terms and conditions
1791 of such release have been violated and whether such violation
1792 warrants revocation of the conditional release.
1793 (10) Effective for a releasee whose crime was committed on
1794 or after September 1, 2005, in violation of chapter 794, s.
1795 800.04(4), (5), or (6), s. 827.071, or s. 847.0145, and the
1796 unlawful activity involved a victim who was 15 years of age or
1797 younger and the offender is 18 years of age or older or for a
1798 releasee who is designated as a sexual predator pursuant to s.
1799 775.21, in addition to any other provision of this section, the
1800 commission must order electronic monitoring for the duration of
1801 the releasee’s supervision.
1802 Section 45. For the purpose of incorporating the amendment
1803 made by this act to section 775.21, Florida Statutes, in a
1804 reference thereto, paragraph (b) of subsection (2) of section
1805 948.013, Florida Statutes, is reenacted to read:
1806 948.013 Administrative probation.—
1807 (2)
1808 (b) Effective for an offense committed on or after October
1809 1, 2017, a person is ineligible for placement on administrative
1810 probation if the person is sentenced to or is serving a term of
1811 probation or community control, regardless of the conviction or
1812 adjudication, for committing, or attempting, conspiring, or
1813 soliciting to commit, any of the felony offenses described in s.
1814 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a.
1815 Section 46. For the purpose of incorporating the amendment
1816 made by this act to section 775.21, Florida Statutes, in a
1817 reference thereto, paragraph (f) of subsection (2) of section
1818 948.05, Florida Statutes, is reenacted to read:
1819 948.05 Court to admonish or commend probationer or offender
1820 in community control; graduated incentives.—
1821 (2) The department shall implement a system of graduated
1822 incentives to promote compliance with the terms of supervision,
1823 encourage educational achievement and stable employment, and
1824 prioritize the highest levels of supervision for probationers or
1825 offenders presenting the greatest risk of recidivism.
1826 (f) A probationer or offender in community control who is
1827 placed under supervision for committing or attempting,
1828 soliciting, or conspiring to commit a violation of any felony
1829 offense described in s. 775.21(4)(a)1.a. or b. or s.
1830 943.0435(1)(h)1.a., or who qualifies as a violent felony
1831 offender of special concern under s. 948.06(8)(b) is not
1832 eligible for any reduction of his or her term of supervision
1833 under this section.
1834 Section 47. For the purpose of incorporating the amendment
1835 made by this act to section 775.21, Florida Statutes, in
1836 references thereto, subsection (4) and paragraphs (b) and (d) of
1837 subsection (8) of section 948.06, Florida Statutes, are
1838 reenacted to read:
1839 948.06 Violation of probation or community control;
1840 revocation; modification; continuance; failure to pay
1841 restitution or cost of supervision.—
1842 (4) Notwithstanding any other provision of this section, a
1843 felony probationer or an offender in community control who is
1844 arrested for violating his or her probation or community control
1845 in a material respect may be taken before the court in the
1846 county or circuit in which the probationer or offender was
1847 arrested. That court shall advise him or her of the charge of a
1848 violation and, if such charge is admitted, shall cause him or
1849 her to be brought before the court that granted the probation or
1850 community control. If the violation is not admitted by the
1851 probationer or offender, the court may commit him or her or
1852 release him or her with or without bail to await further
1853 hearing. However, if the probationer or offender is under
1854 supervision for any criminal offense proscribed in chapter 794,
1855 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
1856 registered sexual predator or a registered sexual offender, or
1857 is under supervision for a criminal offense for which he or she
1858 would meet the registration criteria in s. 775.21, s. 943.0435,
1859 or s. 944.607 but for the effective date of those sections, the
1860 court must make a finding that the probationer or offender is
1861 not a danger to the public prior to release with or without
1862 bail. In determining the danger posed by the offender’s or
1863 probationer’s release, the court may consider the nature and
1864 circumstances of the violation and any new offenses charged; the
1865 offender’s or probationer’s past and present conduct, including
1866 convictions of crimes; any record of arrests without conviction
1867 for crimes involving violence or sexual crimes; any other
1868 evidence of allegations of unlawful sexual conduct or the use of
1869 violence by the offender or probationer; the offender’s or
1870 probationer’s family ties, length of residence in the community,
1871 employment history, and mental condition; his or her history and
1872 conduct during the probation or community control supervision
1873 from which the violation arises and any other previous
1874 supervisions, including disciplinary records of previous
1875 incarcerations; the likelihood that the offender or probationer
1876 will engage again in a criminal course of conduct; the weight of
1877 the evidence against the offender or probationer; and any other
1878 facts the court considers relevant. The court, as soon as is
1879 practicable, shall give the probationer or offender an
1880 opportunity to be fully heard on his or her behalf in person or
1881 by counsel. After the hearing, the court shall make findings of
1882 fact and forward the findings to the court that granted the
1883 probation or community control and to the probationer or
1884 offender or his or her attorney. The findings of fact by the
1885 hearing court are binding on the court that granted the
1886 probation or community control. Upon the probationer or offender
1887 being brought before it, the court that granted the probation or
1888 community control may revoke, modify, or continue the probation
1889 or community control or may place the probationer into community
1890 control as provided in this section. However, the probationer or
1891 offender shall not be released and shall not be admitted to
1892 bail, but shall be brought before the court that granted the
1893 probation or community control if any violation of felony
1894 probation or community control other than a failure to pay costs
1895 or fines or make restitution payments is alleged to have been
1896 committed by:
1897 (a) A violent felony offender of special concern, as
1898 defined in this section;
1899 (b) A person who is on felony probation or community
1900 control for any offense committed on or after the effective date
1901 of this act and who is arrested for a qualifying offense as
1902 defined in this section; or
1903 (c) A person who is on felony probation or community
1904 control and has previously been found by a court to be a
1905 habitual violent felony offender as defined in s. 775.084(1)(b),
1906 a three-time violent felony offender as defined in s.
1907 775.084(1)(c), or a sexual predator under s. 775.21, and who is
1908 arrested for committing a qualifying offense as defined in this
1909 section on or after the effective date of this act.
1910 (8)
1911 (b) For purposes of this section and ss. 903.0351, 948.064,
1912 and 921.0024, the term “violent felony offender of special
1913 concern” means a person who is on:
1914 1. Felony probation or community control related to the
1915 commission of a qualifying offense committed on or after the
1916 effective date of this act;
1917 2. Felony probation or community control for any offense
1918 committed on or after the effective date of this act, and has
1919 previously been convicted of a qualifying offense;
1920 3. Felony probation or community control for any offense
1921 committed on or after the effective date of this act, and is
1922 found to have violated that probation or community control by
1923 committing a qualifying offense;
1924 4. Felony probation or community control and has previously
1925 been found by a court to be a habitual violent felony offender
1926 as defined in s. 775.084(1)(b) and has committed a qualifying
1927 offense on or after the effective date of this act;
1928 5. Felony probation or community control and has previously
1929 been found by a court to be a three-time violent felony offender
1930 as defined in s. 775.084(1)(c) and has committed a qualifying
1931 offense on or after the effective date of this act; or
1932 6. Felony probation or community control and has previously
1933 been found by a court to be a sexual predator under s. 775.21
1934 and has committed a qualifying offense on or after the effective
1935 date of this act.
1936 (d) In the case of an alleged violation of probation or
1937 community control other than a failure to pay costs, fines, or
1938 restitution, the following individuals shall remain in custody
1939 pending the resolution of the probation or community control
1940 violation:
1941 1. A violent felony offender of special concern, as defined
1942 in this section;
1943 2. A person who is on felony probation or community control
1944 for any offense committed on or after the effective date of this
1945 act and who is arrested for a qualifying offense as defined in
1946 this section; or
1947 3. A person who is on felony probation or community control
1948 and has previously been found by a court to be a habitual
1949 violent felony offender as defined in s. 775.084(1)(b), a three
1950 time violent felony offender as defined in s. 775.084(1)(c), or
1951 a sexual predator under s. 775.21, and who is arrested for
1952 committing a qualifying offense as defined in this section on or
1953 after the effective date of this act.
1954
1955 The court shall not dismiss the probation or community control
1956 violation warrant pending against an offender enumerated in this
1957 paragraph without holding a recorded violation-of-probation
1958 hearing at which both the state and the offender are
1959 represented.
1960 Section 48. For the purpose of incorporating the amendment
1961 made by this act to section 775.21, Florida Statutes, in a
1962 reference thereto, section 948.063, Florida Statutes, is
1963 reenacted to read:
1964 948.063 Violations of probation or community control by
1965 designated sexual offenders and sexual predators.—
1966 (1) If probation or community control for any felony
1967 offense is revoked by the court pursuant to s. 948.06(2)(e) and
1968 the offender is designated as a sexual offender pursuant to s.
1969 943.0435 or s. 944.607 or as a sexual predator pursuant to s.
1970 775.21 for unlawful sexual activity involving a victim 15 years
1971 of age or younger and the offender is 18 years of age or older,
1972 and if the court imposes a subsequent term of supervision
1973 following the revocation of probation or community control, the
1974 court must order electronic monitoring as a condition of the
1975 subsequent term of probation or community control.
1976 (2) If the probationer or offender is required to register
1977 as a sexual predator under s. 775.21 or as a sexual offender
1978 under s. 943.0435 or s. 944.607 for unlawful sexual activity
1979 involving a victim 15 years of age or younger and the
1980 probationer or offender is 18 years of age or older and has
1981 violated the conditions of his or her probation or community
1982 control, but the court does not revoke the probation or
1983 community control, the court shall nevertheless modify the
1984 probation or community control to include electronic monitoring
1985 for any probationer or offender not then subject to electronic
1986 monitoring.
1987 Section 49. For the purpose of incorporating the amendment
1988 made by this act to section 775.21, Florida Statutes, in a
1989 reference thereto, subsection (4) of section 948.064, Florida
1990 Statutes, is reenacted to read:
1991 948.064 Notification of status as a violent felony offender
1992 of special concern.—
1993 (4) The state attorney, or the statewide prosecutor if
1994 applicable, shall advise the court at each critical stage in the
1995 judicial process, at which the state attorney or statewide
1996 prosecutor is represented, whether an alleged or convicted
1997 offender is a violent felony offender of special concern; a
1998 person who is on felony probation or community control for any
1999 offense committed on or after the effective date of this act and
2000 who is arrested for a qualifying offense; or a person who is on
2001 felony probation or community control and has previously been
2002 found by a court to be a habitual violent felony offender as
2003 defined in s. 775.084(1)(b), a three-time violent felony
2004 offender as defined in s. 775.084(1)(c), or a sexual predator
2005 under s. 775.21, and who is arrested for committing a qualifying
2006 offense on or after the effective date of this act.
2007 Section 50. For the purpose of incorporating the amendment
2008 made by this act to section 775.21, Florida Statutes, in a
2009 reference thereto, section 948.12, Florida Statutes, is
2010 reenacted to read:
2011 948.12 Intensive supervision for postprison release of
2012 violent offenders.—It is the finding of the Legislature that the
2013 population of violent offenders released from state prison into
2014 the community poses the greatest threat to the public safety of
2015 the groups of offenders under community supervision. Therefore,
2016 for the purpose of enhanced public safety, any offender released
2017 from state prison who:
2018 (1) Was most recently incarcerated for an offense that is
2019 or was contained in category 1 (murder, manslaughter), category
2020 2 (sexual offenses), category 3 (robbery), or category 4
2021 (violent personal crimes) of Rules 3.701 and 3.988, Florida
2022 Rules of Criminal Procedure (1993), and who has served at least
2023 one prior felony commitment at a state or federal correctional
2024 institution;
2025 (2) Was sentenced as a habitual offender, violent habitual
2026 offender, or violent career criminal pursuant to s. 775.084; or
2027 (3) Has been found to be a sexual predator pursuant to s.
2028 775.21,
2029
2030 and who has a term of probation to follow the period of
2031 incarceration shall be provided intensive supervision by
2032 experienced correctional probation officers. Subject to specific
2033 appropriation by the Legislature, caseloads may be restricted to
2034 a maximum of 40 offenders per officer to provide for enhanced
2035 public safety as well as to effectively monitor conditions of
2036 electronic monitoring or curfews, if such was ordered by the
2037 court.
2038 Section 51. For the purpose of incorporating the amendment
2039 made by this act to section 775.21, Florida Statutes, in a
2040 reference thereto, subsection (3) of section 948.30, Florida
2041 Statutes, is reenacted to read:
2042 948.30 Additional terms and conditions of probation or
2043 community control for certain sex offenses.—Conditions imposed
2044 pursuant to this section do not require oral pronouncement at
2045 the time of sentencing and shall be considered standard
2046 conditions of probation or community control for offenders
2047 specified in this section.
2048 (3) Effective for a probationer or community controllee
2049 whose crime was committed on or after September 1, 2005, and
2050 who:
2051 (a) Is placed on probation or community control for a
2052 violation of chapter 794; s. 800.04(4), (5), or (6); s. 827.071;
2053 or s. 847.0145, or is placed on probation or community control
2054 on or after July 1, 2023, for attempting, soliciting, or
2055 conspiring to commit a violation of chapter 794; s. 800.04(4),
2056 (5), or (6); s. 827.071; or s. 847.0145, and the unlawful sexual
2057 activity involved a victim 15 years of age or younger and the
2058 offender is 18 years of age or older;
2059 (b) Is designated a sexual predator pursuant to s. 775.21;
2060 or
2061 (c) Has previously been convicted of a violation of chapter
2062 794; s. 800.04(4), (5), or (6); s. 827.071; or s. 847.0145 and
2063 the unlawful sexual activity involved a victim 15 years of age
2064 or younger and the offender is 18 years of age or older,
2065
2066 the court must order, in addition to any other provision of this
2067 section, mandatory electronic monitoring as a condition of the
2068 probation or community control supervision.
2069 Section 52. For the purpose of incorporating the amendment
2070 made by this act to section 775.21, Florida Statutes, in a
2071 reference thereto, section 948.31, Florida Statutes, is
2072 reenacted to read:
2073 948.31 Evaluation and treatment of sexual predators and
2074 offenders on probation or community control.—The court may
2075 require any probationer or community controllee who is required
2076 to register as a sexual predator under s. 775.21 or sexual
2077 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
2078 an evaluation, at the probationer or community controllee’s
2079 expense, by a qualified practitioner to determine whether such
2080 probationer or community controllee needs sexual offender
2081 treatment. If the qualified practitioner determines that sexual
2082 offender treatment is needed and recommends treatment, the
2083 probationer or community controllee must successfully complete
2084 and pay for the treatment. Such treatment must be obtained from
2085 a qualified practitioner as defined in s. 948.001. Treatment may
2086 not be administered by a qualified practitioner who has been
2087 convicted or adjudicated delinquent of committing, or
2088 attempting, soliciting, or conspiring to commit, any offense
2089 that is listed in s. 943.0435(1)(h)1.a.(I).
2090 Section 53. For the purpose of incorporating the amendment
2091 made by this act to section 775.21, Florida Statutes, in a
2092 reference thereto, paragraph (b) of subsection (6) of section
2093 985.04, Florida Statutes, is reenacted to read:
2094 985.04 Oaths; records; confidential information.—
2095 (6)
2096 (b) Sexual offender and predator registration information
2097 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
2098 and 985.4815 is a public record pursuant to s. 119.07(1) and as
2099 otherwise provided by law.
2100 Section 54. For the purpose of incorporating the amendment
2101 made by this act to section 943.0435, Florida Statutes, in
2102 references thereto, paragraph (c) of subsection (2) and
2103 paragraph (c) of subsection (9) of section 61.13, Florida
2104 Statutes, are reenacted to read:
2105 61.13 Support of children; parenting and time-sharing;
2106 powers of court.—
2107 (2)
2108 (c) The court shall determine all matters relating to
2109 parenting and time-sharing of each minor child of the parties in
2110 accordance with the best interests of the child and in
2111 accordance with the Uniform Child Custody Jurisdiction and
2112 Enforcement Act, except that modification of a parenting plan
2113 and time-sharing schedule requires a showing of a substantial
2114 and material change of circumstances.
2115 1. It is the public policy of this state that each minor
2116 child has frequent and continuing contact with both parents
2117 after the parents separate or the marriage of the parties is
2118 dissolved and to encourage parents to share the rights and
2119 responsibilities, and joys, of childrearing. Unless otherwise
2120 provided in this section or agreed to by the parties, there is a
2121 rebuttable presumption that equal time-sharing of a minor child
2122 is in the best interests of the minor child. To rebut this
2123 presumption, a party must prove by a preponderance of the
2124 evidence that equal time-sharing is not in the best interests of
2125 the minor child. Except when a time-sharing schedule is agreed
2126 to by the parties and approved by the court, the court must
2127 evaluate all of the factors set forth in subsection (3) and make
2128 specific written findings of fact when creating or modifying a
2129 time-sharing schedule.
2130 2. The court shall order that the parental responsibility
2131 for a minor child be shared by both parents unless the court
2132 finds that shared parental responsibility would be detrimental
2133 to the child. In determining detriment to the child, the court
2134 shall consider:
2135 a. Evidence of domestic violence, as defined in s. 741.28;
2136 b. Whether either parent has or has had reasonable cause to
2137 believe that he or she or his or her minor child or children are
2138 or have been in imminent danger of becoming victims of an act of
2139 domestic violence as defined in s. 741.28 or sexual violence as
2140 defined in s. 784.046(1)(c) by the other parent against the
2141 parent or against the child or children whom the parents share
2142 in common regardless of whether a cause of action has been
2143 brought or is currently pending in the court;
2144 c. Whether either parent has or has had reasonable cause to
2145 believe that his or her minor child or children are or have been
2146 in imminent danger of becoming victims of an act of abuse,
2147 abandonment, or neglect, as those terms are defined in s. 39.01,
2148 by the other parent against the child or children whom the
2149 parents share in common regardless of whether a cause of action
2150 has been brought or is currently pending in the court; and
2151 d. Any other relevant factors.
2152 3. The following evidence creates a rebuttable presumption
2153 that shared parental responsibility is detrimental to the child:
2154 a. A parent has been convicted of a misdemeanor of the
2155 first degree or higher involving domestic violence, as defined
2156 in s. 741.28 and chapter 775;
2157 b. A parent meets the criteria of s. 39.806(1)(d); or
2158 c. A parent has been convicted of or had adjudication
2159 withheld for an offense enumerated in s. 943.0435(1)(h)1.a., and
2160 at the time of the offense:
2161 (I) The parent was 18 years of age or older.
2162 (II) The victim was under 18 years of age or the parent
2163 believed the victim to be under 18 years of age.
2164
2165 If the presumption is not rebutted after the convicted parent is
2166 advised by the court that the presumption exists, shared
2167 parental responsibility, including time-sharing with the child,
2168 and decisions made regarding the child, may not be granted to
2169 the convicted parent. However, the convicted parent is not
2170 relieved of any obligation to provide financial support. If the
2171 court determines that shared parental responsibility would be
2172 detrimental to the child, it may order sole parental
2173 responsibility and make such arrangements for time-sharing as
2174 specified in the parenting plan as will best protect the child
2175 or abused spouse from further harm. Whether or not there is a
2176 conviction of any offense of domestic violence or child abuse or
2177 the existence of an injunction for protection against domestic
2178 violence, the court shall consider evidence of domestic violence
2179 or child abuse as evidence of detriment to the child.
2180 4. In ordering shared parental responsibility, the court
2181 may consider the expressed desires of the parents and may grant
2182 to one party the ultimate responsibility over specific aspects
2183 of the child’s welfare or may divide those responsibilities
2184 between the parties based on the best interests of the child.
2185 Areas of responsibility may include education, health care, and
2186 any other responsibilities that the court finds unique to a
2187 particular family.
2188 5. The court shall order sole parental responsibility for a
2189 minor child to one parent, with or without time-sharing with the
2190 other parent if it is in the best interests of the minor child.
2191 6. There is a rebuttable presumption against granting time
2192 sharing with a minor child if a parent has been convicted of or
2193 had adjudication withheld for an offense enumerated in s.
2194 943.0435(1)(h)1.a., and at the time of the offense:
2195 a. The parent was 18 years of age or older.
2196 b. The victim was under 18 years of age or the parent
2197 believed the victim to be under 18 years of age.
2198
2199 A parent may rebut the presumption upon a specific finding in
2200 writing by the court that the parent poses no significant risk
2201 of harm to the child and that time-sharing is in the best
2202 interests of the minor child. If the presumption is rebutted,
2203 the court must consider all time-sharing factors in subsection
2204 (3) when developing a time-sharing schedule.
2205 7. Access to records and information pertaining to a minor
2206 child, including, but not limited to, medical, dental, and
2207 school records, may not be denied to either parent. Full rights
2208 under this subparagraph apply to either parent unless a court
2209 order specifically revokes these rights, including any
2210 restrictions on these rights as provided in a domestic violence
2211 injunction. A parent having rights under this subparagraph has
2212 the same rights upon request as to form, substance, and manner
2213 of access as are available to the other parent of a child,
2214 including, without limitation, the right to in-person
2215 communication with medical, dental, and education providers.
2216 (9)
2217 (c) A court may not order visitation at a recovery
2218 residence if any resident of the recovery residence is currently
2219 required to register as a sexual predator under s. 775.21 or as
2220 a sexual offender under s. 943.0435.
2221 Section 55. For the purpose of incorporating the amendment
2222 made by this act to section 943.0435, Florida Statutes, in
2223 references thereto, paragraph (i) of subsection (3) and
2224 subsection (6) of section 68.07, Florida Statutes, are reenacted
2225 to read:
2226 68.07 Change of name.—
2227 (3) Each petition shall be verified and show:
2228 (i) Whether the petitioner has ever been required to
2229 register as a sexual predator under s. 775.21 or as a sexual
2230 offender under s. 943.0435.
2231 (6) The clerk of the court must, within 5 business days
2232 after the filing of the final judgment, send a report of the
2233 judgment to the Department of Law Enforcement on a form to be
2234 furnished by that department. If the petitioner is required to
2235 register as a sexual predator or a sexual offender pursuant to
2236 s. 775.21 or s. 943.0435, the clerk of court shall
2237 electronically notify the Department of Law Enforcement of the
2238 name change, in a manner prescribed by that department, within 2
2239 business days after the filing of the final judgment. The
2240 Department of Law Enforcement must send a copy of the report to
2241 the Department of Highway Safety and Motor Vehicles, which may
2242 be delivered by electronic transmission. The report must contain
2243 sufficient information to identify the petitioner, including the
2244 results of the criminal history records check if applicable, the
2245 new name of the petitioner, and the file number of the judgment.
2246 The Department of Highway Safety and Motor Vehicles shall
2247 monitor the records of any sexual predator or sexual offender
2248 whose name has been provided to it by the Department of Law
2249 Enforcement. If the sexual predator or sexual offender does not
2250 obtain a replacement driver license or identification card
2251 within the required time as specified in s. 775.21 or s.
2252 943.0435, the Department of Highway Safety and Motor Vehicles
2253 shall notify the Department of Law Enforcement. The Department
2254 of Law Enforcement shall notify applicable law enforcement
2255 agencies of the predator’s or offender’s failure to comply with
2256 registration requirements. Any information retained by the
2257 Department of Law Enforcement and the Department of Highway
2258 Safety and Motor Vehicles may be revised or supplemented by said
2259 departments to reflect changes made by the final judgment. With
2260 respect to a person convicted of a felony in another state or of
2261 a federal offense, the Department of Law Enforcement must send
2262 the report to the respective state’s office of law enforcement
2263 records or to the office of the Federal Bureau of Investigation.
2264 The Department of Law Enforcement may forward the report to any
2265 other law enforcement agency it believes may retain information
2266 related to the petitioner.
2267 Section 56. For the purpose of incorporating the amendment
2268 made by this act to section 943.0435, Florida Statutes, in a
2269 reference thereto, paragraph (b) of subsection (1) of section
2270 92.55, Florida Statutes, is reenacted to read:
2271 92.55 Special protections in proceedings involving victim
2272 or witness under 18, person with intellectual disability, or
2273 sexual offense victim.—
2274 (1) For purposes of this section, the term:
2275 (b) “Sexual offense” means any offense specified in s.
2276 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
2277 Section 57. For the purpose of incorporating the amendment
2278 made by this act to section 943.0435, Florida Statutes, in a
2279 reference thereto, paragraph (b) of subsection (2) of section
2280 98.0751, Florida Statutes, is reenacted to read:
2281 98.0751 Restoration of voting rights; termination of
2282 ineligibility subsequent to a felony conviction.—
2283 (2) For purposes of this section, the term:
2284 (b) “Felony sexual offense” means any of the following:
2285 1. Any felony offense that serves as a predicate to
2286 registration as a sexual offender in accordance with s.
2287 943.0435;
2288 2. Section 491.0112;
2289 3. Section 784.049(3)(b);
2290 4. Section 794.08;
2291 5. Section 796.08;
2292 6. Section 800.101;
2293 7. Section 826.04;
2294 8. Section 847.012;
2295 9. Section 872.06(2);
2296 10. Section 944.35(3)(b)2.;
2297 11. Section 951.221(1); or
2298 12. Any similar offense committed in another jurisdiction
2299 which would be an offense listed in this paragraph if it had
2300 been committed in violation of the laws of this state.
2301 Section 58. For the purpose of incorporating the amendment
2302 made by this act to section 943.0435, Florida Statutes, in a
2303 reference thereto, subsection (3) of section 322.141, Florida
2304 Statutes, is reenacted to read:
2305 322.141 Color or markings of certain licenses or
2306 identification cards.—
2307 (3) All licenses for the operation of motor vehicles or
2308 identification cards originally issued or reissued by the
2309 department to persons who are designated as sexual predators
2310 under s. 775.21 or subject to registration as sexual offenders
2311 under s. 943.0435 or s. 944.607, or who have a similar
2312 designation or are subject to a similar registration under the
2313 laws of another jurisdiction, shall have on the front of the
2314 license or identification card the following:
2315 (a) For a person designated as a sexual predator under s.
2316 775.21 or who has a similar designation under the laws of
2317 another jurisdiction, the marking “SEXUAL PREDATOR.”
2318 (b) For a person subject to registration as a sexual
2319 offender under s. 943.0435 or s. 944.607, or subject to a
2320 similar registration under the laws of another jurisdiction, the
2321 marking “943.0435, F.S.”
2322 Section 59. For the purpose of incorporating the amendment
2323 made by this act to section 943.0435, Florida Statutes, in a
2324 reference thereto, subsection (2) of section 394.9125, Florida
2325 Statutes, is reenacted to read:
2326 394.9125 State attorney; authority to refer a person for
2327 civil commitment.—
2328 (2) A state attorney may refer a person to the department
2329 for civil commitment proceedings if the person:
2330 (a) Is required to register as a sexual offender pursuant
2331 to s. 943.0435;
2332 (b) Has previously been convicted of a sexually violent
2333 offense as defined in s. 394.912(9)(a)-(h); and
2334 (c) Has been sentenced to a term of imprisonment in a
2335 county or municipal jail for any criminal offense.
2336 Section 60. For the purpose of incorporating the amendment
2337 made by this act to section 943.0435, Florida Statutes, in a
2338 reference thereto, paragraph (b) of subsection (4) of section
2339 435.07, Florida Statutes, is reenacted to read:
2340 435.07 Exemptions from disqualification.—Unless otherwise
2341 provided by law, the provisions of this section apply to
2342 exemptions from disqualification for disqualifying offenses
2343 revealed pursuant to background screenings required under this
2344 chapter, regardless of whether those disqualifying offenses are
2345 listed in this chapter or other laws.
2346 (4)
2347 (b) Disqualification from employment or affiliation under
2348 this chapter may not be removed from, nor may an exemption be
2349 granted to, any person who is a:
2350 1. Sexual predator as designated pursuant to s. 775.21;
2351 2. Career offender pursuant to s. 775.261; or
2352 3. Sexual offender pursuant to s. 943.0435, unless the
2353 requirement to register as a sexual offender has been removed
2354 pursuant to s. 943.04354.
2355 Section 61. For the purpose of incorporating the amendment
2356 made by this act to section 943.0435, Florida Statutes, in a
2357 reference thereto, subsection (2) of section 775.0862, Florida
2358 Statutes, is reenacted to read:
2359 775.0862 Sexual offenses against students by authority
2360 figures; reclassification.—
2361 (2) The felony degree of a violation of an offense listed
2362 in s. 943.0435(1)(h)1.a., unless the offense is a violation of
2363 s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
2364 as provided in this section if the offense is committed by an
2365 authority figure of a school against a student of the school.
2366 Section 62. For the purpose of incorporating the amendment
2367 made by this act to section 943.0435, Florida Statutes, in a
2368 reference thereto, subsection (4) of section 775.13, Florida
2369 Statutes, is reenacted to read:
2370 775.13 Registration of convicted felons, exemptions;
2371 penalties.—
2372 (4) This section does not apply to an offender:
2373 (a) Who has had his or her civil rights restored;
2374 (b) Who has received a full pardon for the offense for
2375 which convicted;
2376 (c) Who has been lawfully released from incarceration or
2377 other sentence or supervision for a felony conviction for more
2378 than 5 years prior to such time for registration, unless the
2379 offender is a fugitive from justice on a felony charge or has
2380 been convicted of any offense since release from such
2381 incarceration or other sentence or supervision;
2382 (d) Who is a parolee or probationer under the supervision
2383 of the United States Parole Commission if the commission knows
2384 of and consents to the presence of the offender in Florida or is
2385 a probationer under the supervision of any federal probation
2386 officer in the state or who has been lawfully discharged from
2387 such parole or probation;
2388 (e) Who is a sexual predator and has registered as required
2389 under s. 775.21;
2390 (f) Who is a sexual offender and has registered as required
2391 in s. 943.0435 or s. 944.607; or
2392 (g) Who is a career offender who has registered as required
2393 in s. 775.261 or s. 944.609.
2394 Section 63. For the purpose of incorporating the amendment
2395 made by this act to section 943.0435, Florida Statutes, in a
2396 reference thereto, subsection (2) of section 775.24, Florida
2397 Statutes, is reenacted to read:
2398 775.24 Duty of the court to uphold laws governing sexual
2399 predators and sexual offenders.—
2400 (2) If a person meets the criteria in this chapter for
2401 designation as a sexual predator or meets the criteria in s.
2402 943.0435, s. 944.606, s. 944.607, or any other law for
2403 classification as a sexual offender, the court may not enter an
2404 order, for the purpose of approving a plea agreement or for any
2405 other reason, which:
2406 (a) Exempts a person who meets the criteria for designation
2407 as a sexual predator or classification as a sexual offender from
2408 such designation or classification, or exempts such person from
2409 the requirements for registration or community and public
2410 notification imposed upon sexual predators and sexual offenders;
2411 (b) Restricts the compiling, reporting, or release of
2412 public records information that relates to sexual predators or
2413 sexual offenders; or
2414 (c) Prevents any person or entity from performing its
2415 duties or operating within its statutorily conferred authority
2416 as such duty or authority relates to sexual predators or sexual
2417 offenders.
2418 Section 64. For the purpose of incorporating the amendment
2419 made by this act to section 943.0435, Florida Statutes, in a
2420 reference thereto, section 775.25, Florida Statutes, is
2421 reenacted to read:
2422 775.25 Prosecutions for acts or omissions.—A sexual
2423 predator or sexual offender who commits any act or omission in
2424 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
2425 944.607, or former s. 947.177 may be prosecuted for the act or
2426 omission in the county in which the act or omission was
2427 committed, in the county of the last registered address of the
2428 sexual predator or sexual offender, in the county in which the
2429 conviction occurred for the offense or offenses that meet the
2430 criteria for designating a person as a sexual predator or sexual
2431 offender, in the county where the sexual predator or sexual
2432 offender was released from incarceration, or in the county of
2433 the intended address of the sexual predator or sexual offender
2434 as reported by the predator or offender prior to his or her
2435 release from incarceration. In addition, a sexual predator may
2436 be prosecuted for any such act or omission in the county in
2437 which he or she was designated a sexual predator.
2438 Section 65. For the purpose of incorporating the amendment
2439 made by this act to section 943.0435, Florida Statutes, in a
2440 reference thereto, paragraph (cc) of subsection (2) of section
2441 900.05, Florida Statutes, is reenacted to read:
2442 900.05 Criminal justice data collection.—
2443 (2) DEFINITIONS.—As used in this section, the term:
2444 (cc) “Sexual offender flag” means an indication that a
2445 defendant was required to register as a sexual predator as
2446 defined in s. 775.21 or as a sexual offender as defined in s.
2447 943.0435.
2448 Section 66. For the purpose of incorporating the amendment
2449 made by this act to section 943.0435, Florida Statutes, in a
2450 reference thereto, paragraph (m) of subsection (2) of section
2451 903.046, Florida Statutes, is reenacted to read:
2452 903.046 Purpose of and criteria for bail determination.—
2453 (2) When determining whether to release a defendant on bail
2454 or other conditions, and what that bail or those conditions may
2455 be, the court shall consider:
2456 (m) Whether the defendant, other than a defendant whose
2457 only criminal charge is a misdemeanor offense under chapter 316,
2458 is required to register as a sexual offender under s. 943.0435
2459 or a sexual predator under s. 775.21; and, if so, he or she is
2460 not eligible for release on bail or surety bond until the first
2461 appearance on the case in order to ensure the full participation
2462 of the prosecutor and the protection of the public.
2463 Section 67. For the purpose of incorporating the amendment
2464 made by this act to section 943.0435, Florida Statutes, in a
2465 reference thereto, section 903.133, Florida Statutes, is
2466 reenacted to read:
2467 903.133 Bail on appeal; prohibited for certain felony
2468 convictions.—Notwithstanding s. 903.132, no person shall be
2469 admitted to bail pending review either by posttrial motion or
2470 appeal if he or she was adjudged guilty of:
2471 (1) A felony of the first degree for a violation of s.
2472 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s.
2473 893.13, or s. 893.135;
2474 (2) A violation of s. 794.011(2) or (3); or
2475 (3) Any other offense requiring sexual offender
2476 registration under s. 943.0435(1)(h) or sexual predator
2477 registration under s. 775.21(4) when, at the time of the
2478 offense, the offender was 18 years of age or older and the
2479 victim was a minor.
2480 Section 68. For the purpose of incorporating the amendment
2481 made by this act to section 943.0435, Florida Statutes, in a
2482 reference thereto, paragraph (b) of subsection (4) of section
2483 907.043, Florida Statutes, is reenacted to read:
2484 907.043 Pretrial release; citizens’ right to know.—
2485 (4)
2486 (b) The annual report must contain, but need not be limited
2487 to:
2488 1. The name, location, and funding sources of the pretrial
2489 release program, including the amount of public funds, if any,
2490 received by the pretrial release program.
2491 2. The operating and capital budget of each pretrial
2492 release program receiving public funds.
2493 3.a. The percentage of the pretrial release program’s total
2494 budget representing receipt of public funds.
2495 b. The percentage of the total budget which is allocated to
2496 assisting defendants obtain release through a nonpublicly funded
2497 program.
2498 c. The amount of fees paid by defendants to the pretrial
2499 release program.
2500 4. The number of persons employed by the pretrial release
2501 program.
2502 5. The number of defendants assessed and interviewed for
2503 pretrial release.
2504 6. The number of defendants recommended for pretrial
2505 release.
2506 7. The number of defendants for whom the pretrial release
2507 program recommended against nonsecured release.
2508 8. The number of defendants granted nonsecured release
2509 after the pretrial release program recommended nonsecured
2510 release.
2511 9. The number of defendants assessed and interviewed for
2512 pretrial release who were declared indigent by the court.
2513 10. The number of defendants accepted into a pretrial
2514 release program who paid a surety or cash bail or bond.
2515 11. The number of defendants for whom a risk assessment
2516 tool was used in determining whether the defendant should be
2517 released pending the disposition of the case and the number of
2518 defendants for whom a risk assessment tool was not used.
2519 12. The specific statutory citation for each criminal
2520 charge related to a defendant whose case is accepted into a
2521 pretrial release program, including, at a minimum, the number of
2522 defendants charged with dangerous crimes as defined in s.
2523 907.041; nonviolent felonies; or misdemeanors only. A
2524 “nonviolent felony” for purposes of this subparagraph excludes
2525 the commission of, an attempt to commit, or a conspiracy to
2526 commit any of the following:
2527 a. An offense enumerated in s. 775.084(1)(c);
2528 b. An offense that requires a person to register as a
2529 sexual predator in accordance with s. 775.21 or as a sexual
2530 offender in accordance with s. 943.0435;
2531 c. Failure to register as a sexual predator in violation of
2532 s. 775.21 or as a sexual offender in violation of s. 943.0435;
2533 d. Facilitating or furthering terrorism in violation of s.
2534 775.31;
2535 e. A forcible felony as described in s. 776.08;
2536 f. False imprisonment in violation of s. 787.02;
2537 g. Burglary of a dwelling or residence in violation of s.
2538 810.02(3);
2539 h. Abuse, aggravated abuse, and neglect of an elderly
2540 person or disabled adult in violation of s. 825.102;
2541 i. Abuse, aggravated abuse, and neglect of a child in
2542 violation of s. 827.03;
2543 j. Poisoning of food or water in violation of s. 859.01;
2544 k. Abuse of a dead human body in violation of s. 872.06;
2545 l. A capital offense in violation of chapter 893;
2546 m. An offense that results in serious bodily injury or
2547 death to another human; or
2548 n. A felony offense in which the defendant used a weapon or
2549 firearm in the commission of the offense.
2550 13. The number of defendants accepted into a pretrial
2551 release program with no prior criminal conviction.
2552 14. The name and case number of each person granted
2553 nonsecured release who:
2554 a. Failed to attend a scheduled court appearance.
2555 b. Was issued a warrant for failing to appear.
2556 c. Was arrested for any offense while on release through
2557 the pretrial release program.
2558 15. Any additional information deemed necessary by the
2559 governing body to assess the performance and cost efficiency of
2560 the pretrial release program.
2561 Section 69. For the purpose of incorporating the amendment
2562 made by this act to section 943.0435, Florida Statutes, in a
2563 reference thereto, paragraph (a) of subsection (2) of section
2564 934.255, Florida Statutes, is reenacted to read:
2565 934.255 Subpoenas in investigations of sexual offenses.—
2566 (2) An investigative or law enforcement officer who is
2567 conducting an investigation into:
2568 (a) Allegations of the sexual abuse of a child or an
2569 individual’s suspected commission of a crime listed in s.
2570 943.0435(1)(h)1.a.(I) may use a subpoena to compel the
2571 production of records, documents, or other tangible objects and
2572 the testimony of the subpoena recipient concerning the
2573 production and authenticity of such records, documents, or
2574 objects, except as provided in paragraphs (b) and (c).
2575
2576 A subpoena issued under this subsection must describe the
2577 records, documents, or other tangible objects required to be
2578 produced, and must prescribe a date by which such records,
2579 documents, or other tangible objects must be produced.
2580 Section 70. For the purpose of incorporating the amendment
2581 made by this act to section 943.0435, Florida Statutes, in a
2582 reference thereto, subsection (1) of section 938.10, Florida
2583 Statutes, is reenacted to read:
2584 938.10 Additional court cost imposed in cases of certain
2585 crimes.—
2586 (1) If a person pleads guilty or nolo contendere to, or is
2587 found guilty of, regardless of adjudication, any offense against
2588 a minor in violation of s. 784.085, chapter 787, chapter 794,
2589 former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
2590 847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
2591 s. 893.147(3), or s. 985.701, or any offense in violation of s.
2592 775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
2593 court shall impose a court cost of $151 against the offender in
2594 addition to any other cost or penalty required by law.
2595 Section 71. For the purpose of incorporating the amendment
2596 made by this act to section 943.0435, Florida Statutes, in a
2597 reference thereto, subsection (2) of section 943.0436, Florida
2598 Statutes, is reenacted to read:
2599 943.0436 Duty of the court to uphold laws governing sexual
2600 predators and sexual offenders.—
2601 (2) If a person meets the criteria in chapter 775 for
2602 designation as a sexual predator or meets the criteria in s.
2603 943.0435, s. 944.606, s. 944.607, or any other law for
2604 classification as a sexual offender, the court may not enter an
2605 order, for the purpose of approving a plea agreement or for any
2606 other reason, which:
2607 (a) Exempts a person who meets the criteria for designation
2608 as a sexual predator or classification as a sexual offender from
2609 such designation or classification, or exempts such person from
2610 the requirements for registration or community and public
2611 notification imposed upon sexual predators and sexual offenders;
2612 (b) Restricts the compiling, reporting, or release of
2613 public records information that relates to sexual predators or
2614 sexual offenders; or
2615 (c) Prevents any person or entity from performing its
2616 duties or operating within its statutorily conferred authority
2617 as such duty or authority relates to sexual predators or sexual
2618 offenders.
2619 Section 72. For the purpose of incorporating the amendment
2620 made by this act to section 943.0435, Florida Statutes, in a
2621 reference thereto, subsection (2) of section 943.0584, Florida
2622 Statutes, is reenacted to read:
2623 943.0584 Criminal history records ineligible for court
2624 ordered expunction or court-ordered sealing.—
2625 (2) A criminal history record is ineligible for a
2626 certificate of eligibility for expunction or a court-ordered
2627 expunction pursuant to s. 943.0585 or a certificate of
2628 eligibility for sealing or a court-ordered sealing pursuant to
2629 s. 943.059 if the record is a conviction for any of the
2630 following offenses:
2631 (a) Sexual misconduct, as defined in s. 393.135, s.
2632 394.4593, or s. 916.1075;
2633 (b) Illegal use of explosives, as defined in chapter 552;
2634 (c) Terrorism, as defined in s. 775.30;
2635 (d) Murder, as defined in s. 782.04, s. 782.065, or s.
2636 782.09;
2637 (e) Manslaughter or homicide, as defined in s. 782.07, s.
2638 782.071, or s. 782.072;
2639 (f) Assault or battery, as defined in ss. 784.011 and
2640 784.03, respectively, of one family or household member by
2641 another family or household member, as defined in s. 741.28(3);
2642 (g) Aggravated assault, as defined in s. 784.021;
2643 (h) Felony battery, domestic battery by strangulation, or
2644 aggravated battery, as defined in ss. 784.03, 784.041, and
2645 784.045, respectively;
2646 (i) Stalking or aggravated stalking, as defined in s.
2647 784.048;
2648 (j) Luring or enticing a child, as defined in s. 787.025;
2649 (k) Human trafficking, as defined in s. 787.06;
2650 (l) Kidnapping or false imprisonment, as defined in s.
2651 787.01 or s. 787.02;
2652 (m) Any offense defined in chapter 794;
2653 (n) Procuring a person less than 18 years of age for
2654 prostitution, as defined in former s. 796.03;
2655 (o) Lewd or lascivious offenses committed upon or in the
2656 presence of persons less than 16 years of age, as defined in s.
2657 800.04;
2658 (p) Arson, as defined in s. 806.01;
2659 (q) Burglary of a dwelling, as defined in s. 810.02;
2660 (r) Voyeurism or digital voyeurism, as defined in ss.
2661 810.14 and 810.145, respectively;
2662 (s) Robbery or robbery by sudden snatching, as defined in
2663 ss. 812.13 and 812.131, respectively;
2664 (t) Carjacking, as defined in s. 812.133;
2665 (u) Home-invasion robbery, as defined in s. 812.135;
2666 (v) A violation of the Florida Communications Fraud Act, as
2667 provided in s. 817.034;
2668 (w) Abuse of an elderly person or disabled adult, or
2669 aggravated abuse of an elderly person or disabled adult, as
2670 defined in s. 825.102;
2671 (x) Lewd or lascivious offenses committed upon or in the
2672 presence of an elderly person or disabled person, as defined in
2673 s. 825.1025;
2674 (y) Child abuse or aggravated child abuse, as defined in s.
2675 827.03;
2676 (z) Sexual performance by a child, as defined in s.
2677 827.071;
2678 (aa) Any offense defined in chapter 839;
2679 (bb) Certain acts in connection with obscenity, as defined
2680 in s. 847.0133;
2681 (cc) Any offense defined in s. 847.0135;
2682 (dd) Selling or buying of minors, as defined in s.
2683 847.0145;
2684 (ee) Aircraft piracy, as defined in s. 860.16;
2685 (ff) Manufacturing a controlled substance in violation of
2686 chapter 893;
2687 (gg) Drug trafficking, as defined in s. 893.135; or
2688 (hh) Any violation specified as a predicate offense for
2689 registration as a sexual predator pursuant to s. 775.21, or
2690 sexual offender pursuant to s. 943.0435, without regard to
2691 whether that offense alone is sufficient to require such
2692 registration.
2693 Section 73. For the purpose of incorporating the amendment
2694 made by this act to section 943.0435, Florida Statutes, in a
2695 reference thereto, paragraph (a) of subsection (2) of section
2696 943.0595, Florida Statutes, is reenacted to read:
2697 943.0595 Automatic sealing of criminal history records;
2698 confidentiality of related court records.—
2699 (2) ELIGIBILITY.—
2700 (a) The department shall automatically seal a criminal
2701 history record that does not result from an indictment,
2702 information, or other charging document for a forcible felony as
2703 defined in s. 776.08 or for an offense enumerated in s.
2704 943.0435(1)(h)1.a.(I), if:
2705 1. An indictment, information, or other charging document
2706 was not filed or issued in the case giving rise to the criminal
2707 history record.
2708 2. An indictment, information, or other charging document
2709 was filed in the case giving rise to the criminal history
2710 record, but was dismissed or nolle prosequi by the state
2711 attorney or statewide prosecutor or was dismissed by a court of
2712 competent jurisdiction as to all counts. However, a person is
2713 not eligible for automatic sealing under this section if the
2714 dismissal was pursuant to s. 916.145 or s. 985.19.
2715 3. A not guilty verdict was rendered by a judge or jury as
2716 to all counts. However, a person is not eligible for automatic
2717 sealing under this section if the defendant was found not guilty
2718 by reason of insanity.
2719 4. A judgment of acquittal was rendered by a judge as to
2720 all counts.
2721 Section 74. For the purpose of incorporating the amendment
2722 made by this act to section 943.0435, Florida Statutes, in a
2723 reference thereto, subsection (12) of section 947.1405, Florida
2724 Statutes, is reenacted to read:
2725 947.1405 Conditional release program.—
2726 (12) In addition to all other conditions imposed, for a
2727 releasee who is subject to conditional release for a crime that
2728 was committed on or after May 26, 2010, and who has been
2729 convicted at any time of committing, or attempting, soliciting,
2730 or conspiring to commit, any of the criminal offenses listed in
2731 s. 943.0435(1)(h)1.a.(I), or a similar offense in another
2732 jurisdiction against a victim who was under 18 years of age at
2733 the time of the offense, if the releasee has not received a
2734 pardon for any felony or similar law of another jurisdiction
2735 necessary for the operation of this subsection, if a conviction
2736 of a felony or similar law of another jurisdiction necessary for
2737 the operation of this subsection has not been set aside in any
2738 postconviction proceeding, or if the releasee has not been
2739 removed from the requirement to register as a sexual offender or
2740 sexual predator pursuant to s. 943.04354, the commission must
2741 impose the following conditions:
2742 (a) A prohibition on visiting schools, child care
2743 facilities, parks, and playgrounds without prior approval from
2744 the releasee’s supervising officer. The commission may also
2745 designate additional prohibited locations to protect a victim.
2746 The prohibition ordered under this paragraph does not prohibit
2747 the releasee from visiting a school, child care facility, park,
2748 or playground for the sole purpose of attending a religious
2749 service as defined in s. 775.0861 or picking up or dropping off
2750 the releasee’s child or grandchild at a child care facility or
2751 school.
2752 (b) A prohibition on distributing candy or other items to
2753 children on Halloween; wearing a Santa Claus costume, or other
2754 costume to appeal to children, on or preceding Christmas;
2755 wearing an Easter Bunny costume, or other costume to appeal to
2756 children, on or preceding Easter; entertaining at children’s
2757 parties; or wearing a clown costume without prior approval from
2758 the commission.
2759 Section 75. For the purpose of incorporating the amendment
2760 made by this act to section 943.0435, Florida Statutes, in a
2761 reference thereto, paragraph (b) of subsection (2) of section
2762 948.013, Florida Statutes, is reenacted to read:
2763 948.013 Administrative probation.—
2764 (2)
2765 (b) Effective for an offense committed on or after October
2766 1, 2017, a person is ineligible for placement on administrative
2767 probation if the person is sentenced to or is serving a term of
2768 probation or community control, regardless of the conviction or
2769 adjudication, for committing, or attempting, conspiring, or
2770 soliciting to commit, any of the felony offenses described in s.
2771 775.21(4)(a)1.a. or b. or s. 943.0435(1)(h)1.a.
2772 Section 76. For the purpose of incorporating the amendment
2773 made by this act to section 943.0435, Florida Statutes, in a
2774 reference thereto, paragraph (f) of subsection (2) of section
2775 948.05, Florida Statutes, is reenacted to read:
2776 948.05 Court to admonish or commend probationer or offender
2777 in community control; graduated incentives.—
2778 (2) The department shall implement a system of graduated
2779 incentives to promote compliance with the terms of supervision,
2780 encourage educational achievement and stable employment, and
2781 prioritize the highest levels of supervision for probationers or
2782 offenders presenting the greatest risk of recidivism.
2783 (f) A probationer or offender in community control who is
2784 placed under supervision for committing or attempting,
2785 soliciting, or conspiring to commit a violation of any felony
2786 offense described in s. 775.21(4)(a)1.a. or b. or s.
2787 943.0435(1)(h)1.a., or who qualifies as a violent felony
2788 offender of special concern under s. 948.06(8)(b) is not
2789 eligible for any reduction of his or her term of supervision
2790 under this section.
2791 Section 77. For the purpose of incorporating the amendment
2792 made by this act to section 943.0435, Florida Statutes, in a
2793 reference thereto, subsection (4) of section 948.06, Florida
2794 Statutes, is reenacted to read:
2795 948.06 Violation of probation or community control;
2796 revocation; modification; continuance; failure to pay
2797 restitution or cost of supervision.—
2798 (4) Notwithstanding any other provision of this section, a
2799 felony probationer or an offender in community control who is
2800 arrested for violating his or her probation or community control
2801 in a material respect may be taken before the court in the
2802 county or circuit in which the probationer or offender was
2803 arrested. That court shall advise him or her of the charge of a
2804 violation and, if such charge is admitted, shall cause him or
2805 her to be brought before the court that granted the probation or
2806 community control. If the violation is not admitted by the
2807 probationer or offender, the court may commit him or her or
2808 release him or her with or without bail to await further
2809 hearing. However, if the probationer or offender is under
2810 supervision for any criminal offense proscribed in chapter 794,
2811 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
2812 registered sexual predator or a registered sexual offender, or
2813 is under supervision for a criminal offense for which he or she
2814 would meet the registration criteria in s. 775.21, s. 943.0435,
2815 or s. 944.607 but for the effective date of those sections, the
2816 court must make a finding that the probationer or offender is
2817 not a danger to the public prior to release with or without
2818 bail. In determining the danger posed by the offender’s or
2819 probationer’s release, the court may consider the nature and
2820 circumstances of the violation and any new offenses charged; the
2821 offender’s or probationer’s past and present conduct, including
2822 convictions of crimes; any record of arrests without conviction
2823 for crimes involving violence or sexual crimes; any other
2824 evidence of allegations of unlawful sexual conduct or the use of
2825 violence by the offender or probationer; the offender’s or
2826 probationer’s family ties, length of residence in the community,
2827 employment history, and mental condition; his or her history and
2828 conduct during the probation or community control supervision
2829 from which the violation arises and any other previous
2830 supervisions, including disciplinary records of previous
2831 incarcerations; the likelihood that the offender or probationer
2832 will engage again in a criminal course of conduct; the weight of
2833 the evidence against the offender or probationer; and any other
2834 facts the court considers relevant. The court, as soon as is
2835 practicable, shall give the probationer or offender an
2836 opportunity to be fully heard on his or her behalf in person or
2837 by counsel. After the hearing, the court shall make findings of
2838 fact and forward the findings to the court that granted the
2839 probation or community control and to the probationer or
2840 offender or his or her attorney. The findings of fact by the
2841 hearing court are binding on the court that granted the
2842 probation or community control. Upon the probationer or offender
2843 being brought before it, the court that granted the probation or
2844 community control may revoke, modify, or continue the probation
2845 or community control or may place the probationer into community
2846 control as provided in this section. However, the probationer or
2847 offender shall not be released and shall not be admitted to
2848 bail, but shall be brought before the court that granted the
2849 probation or community control if any violation of felony
2850 probation or community control other than a failure to pay costs
2851 or fines or make restitution payments is alleged to have been
2852 committed by:
2853 (a) A violent felony offender of special concern, as
2854 defined in this section;
2855 (b) A person who is on felony probation or community
2856 control for any offense committed on or after the effective date
2857 of this act and who is arrested for a qualifying offense as
2858 defined in this section; or
2859 (c) A person who is on felony probation or community
2860 control and has previously been found by a court to be a
2861 habitual violent felony offender as defined in s. 775.084(1)(b),
2862 a three-time violent felony offender as defined in s.
2863 775.084(1)(c), or a sexual predator under s. 775.21, and who is
2864 arrested for committing a qualifying offense as defined in this
2865 section on or after the effective date of this act.
2866 Section 78. For the purpose of incorporating the amendment
2867 made by this act to section 943.0435, Florida Statutes, in a
2868 reference thereto, section 948.063, Florida Statutes, is
2869 reenacted to read:
2870 948.063 Violations of probation or community control by
2871 designated sexual offenders and sexual predators.—
2872 (1) If probation or community control for any felony
2873 offense is revoked by the court pursuant to s. 948.06(2)(e) and
2874 the offender is designated as a sexual offender pursuant to s.
2875 943.0435 or s. 944.607 or as a sexual predator pursuant to s.
2876 775.21 for unlawful sexual activity involving a victim 15 years
2877 of age or younger and the offender is 18 years of age or older,
2878 and if the court imposes a subsequent term of supervision
2879 following the revocation of probation or community control, the
2880 court must order electronic monitoring as a condition of the
2881 subsequent term of probation or community control.
2882 (2) If the probationer or offender is required to register
2883 as a sexual predator under s. 775.21 or as a sexual offender
2884 under s. 943.0435 or s. 944.607 for unlawful sexual activity
2885 involving a victim 15 years of age or younger and the
2886 probationer or offender is 18 years of age or older and has
2887 violated the conditions of his or her probation or community
2888 control, but the court does not revoke the probation or
2889 community control, the court shall nevertheless modify the
2890 probation or community control to include electronic monitoring
2891 for any probationer or offender not then subject to electronic
2892 monitoring.
2893 Section 79. For the purpose of incorporating the amendment
2894 made by this act to section 943.0435, Florida Statutes, in a
2895 reference thereto, subsection (4) of section 948.30, Florida
2896 Statutes, is reenacted to read:
2897 948.30 Additional terms and conditions of probation or
2898 community control for certain sex offenses.—Conditions imposed
2899 pursuant to this section do not require oral pronouncement at
2900 the time of sentencing and shall be considered standard
2901 conditions of probation or community control for offenders
2902 specified in this section.
2903 (4) In addition to all other conditions imposed, for a
2904 probationer or community controllee who is subject to
2905 supervision for a crime that was committed on or after May 26,
2906 2010, and who has been convicted at any time of committing, or
2907 attempting, soliciting, or conspiring to commit, any of the
2908 criminal offenses listed in s. 943.0435(1)(h)1.a.(I), or a
2909 similar offense in another jurisdiction, against a victim who
2910 was under the age of 18 at the time of the offense; if the
2911 offender has not received a pardon for any felony or similar law
2912 of another jurisdiction necessary for the operation of this
2913 subsection, if a conviction of a felony or similar law of
2914 another jurisdiction necessary for the operation of this
2915 subsection has not been set aside in any postconviction
2916 proceeding, or if the offender has not been removed from the
2917 requirement to register as a sexual offender or sexual predator
2918 pursuant to s. 943.04354, the court must impose the following
2919 conditions:
2920 (a) A prohibition on visiting schools, child care
2921 facilities, parks, and playgrounds, without prior approval from
2922 the offender’s supervising officer. The court may also designate
2923 additional locations to protect a victim. The prohibition
2924 ordered under this paragraph does not prohibit the offender from
2925 visiting a school, child care facility, park, or playground for
2926 the sole purpose of attending a religious service as defined in
2927 s. 775.0861 or picking up or dropping off the offender’s
2928 children or grandchildren at a child care facility or school.
2929 (b) A prohibition on distributing candy or other items to
2930 children on Halloween; wearing a Santa Claus costume, or other
2931 costume to appeal to children, on or preceding Christmas;
2932 wearing an Easter Bunny costume, or other costume to appeal to
2933 children, on or preceding Easter; entertaining at children’s
2934 parties; or wearing a clown costume; without prior approval from
2935 the court.
2936 Section 80. For the purpose of incorporating the amendment
2937 made by this act to section 943.0435, Florida Statutes, in a
2938 reference thereto, section 948.31, Florida Statutes, is
2939 reenacted to read:
2940 948.31 Evaluation and treatment of sexual predators and
2941 offenders on probation or community control.—The court may
2942 require any probationer or community controllee who is required
2943 to register as a sexual predator under s. 775.21 or sexual
2944 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
2945 an evaluation, at the probationer or community controllee’s
2946 expense, by a qualified practitioner to determine whether such
2947 probationer or community controllee needs sexual offender
2948 treatment. If the qualified practitioner determines that sexual
2949 offender treatment is needed and recommends treatment, the
2950 probationer or community controllee must successfully complete
2951 and pay for the treatment. Such treatment must be obtained from
2952 a qualified practitioner as defined in s. 948.001. Treatment may
2953 not be administered by a qualified practitioner who has been
2954 convicted or adjudicated delinquent of committing, or
2955 attempting, soliciting, or conspiring to commit, any offense
2956 that is listed in s. 943.0435(1)(h)1.a.(I).
2957 Section 81. For the purpose of incorporating the amendment
2958 made by this act to section 943.0435, Florida Statutes, in a
2959 reference thereto, paragraph (b) of subsection (6) of section
2960 985.04, Florida Statutes, is reenacted to read:
2961 985.04 Oaths; records; confidential information.—
2962 (6)
2963 (b) Sexual offender and predator registration information
2964 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
2965 and 985.4815 is a public record pursuant to s. 119.07(1) and as
2966 otherwise provided by law.
2967 Section 82. For the purpose of incorporating the amendment
2968 made by this act to section 943.0435, Florida Statutes, in a
2969 reference thereto, paragraph (b) of subsection (2) of section
2970 1012.467, Florida Statutes, is reenacted to read:
2971 1012.467 Noninstructional contractors who are permitted
2972 access to school grounds when students are present; background
2973 screening requirements.—
2974 (2)
2975 (b) A noninstructional contractor for whom a criminal
2976 history check is required under this section may not have been
2977 convicted of any of the following offenses designated in the
2978 Florida Statutes, any similar offense in another jurisdiction,
2979 or any similar offense committed in this state which has been
2980 redesignated from a former provision of the Florida Statutes to
2981 one of the following offenses:
2982 1. Any offense listed in s. 943.0435(1)(h)1., relating to
2983 the registration of an individual as a sexual offender.
2984 2. Section 393.135, relating to sexual misconduct with
2985 certain developmentally disabled clients and the reporting of
2986 such sexual misconduct.
2987 3. Section 394.4593, relating to sexual misconduct with
2988 certain mental health patients and the reporting of such sexual
2989 misconduct.
2990 4. Section 775.30, relating to terrorism.
2991 5. Section 782.04, relating to murder.
2992 6. Section 787.01, relating to kidnapping.
2993 7. Any offense under chapter 800, relating to lewdness and
2994 indecent exposure.
2995 8. Section 826.04, relating to incest.
2996 9. Section 827.03, relating to child abuse, aggravated
2997 child abuse, or neglect of a child.
2998 Section 83. For the purpose of incorporating the amendment
2999 made by this act to section 944.606, Florida Statutes, in a
3000 reference thereto, subsection (2) of section 775.24, Florida
3001 Statutes, is reenacted to read:
3002 775.24 Duty of the court to uphold laws governing sexual
3003 predators and sexual offenders.—
3004 (2) If a person meets the criteria in this chapter for
3005 designation as a sexual predator or meets the criteria in s.
3006 943.0435, s. 944.606, s. 944.607, or any other law for
3007 classification as a sexual offender, the court may not enter an
3008 order, for the purpose of approving a plea agreement or for any
3009 other reason, which:
3010 (a) Exempts a person who meets the criteria for designation
3011 as a sexual predator or classification as a sexual offender from
3012 such designation or classification, or exempts such person from
3013 the requirements for registration or community and public
3014 notification imposed upon sexual predators and sexual offenders;
3015 (b) Restricts the compiling, reporting, or release of
3016 public records information that relates to sexual predators or
3017 sexual offenders; or
3018 (c) Prevents any person or entity from performing its
3019 duties or operating within its statutorily conferred authority
3020 as such duty or authority relates to sexual predators or sexual
3021 offenders.
3022 Section 84. For the purpose of incorporating the amendment
3023 made by this act to section 944.606, Florida Statutes, in a
3024 reference thereto, section 775.25, Florida Statutes, is
3025 reenacted to read:
3026 775.25 Prosecutions for acts or omissions.—A sexual
3027 predator or sexual offender who commits any act or omission in
3028 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
3029 944.607, or former s. 947.177 may be prosecuted for the act or
3030 omission in the county in which the act or omission was
3031 committed, in the county of the last registered address of the
3032 sexual predator or sexual offender, in the county in which the
3033 conviction occurred for the offense or offenses that meet the
3034 criteria for designating a person as a sexual predator or sexual
3035 offender, in the county where the sexual predator or sexual
3036 offender was released from incarceration, or in the county of
3037 the intended address of the sexual predator or sexual offender
3038 as reported by the predator or offender prior to his or her
3039 release from incarceration. In addition, a sexual predator may
3040 be prosecuted for any such act or omission in the county in
3041 which he or she was designated a sexual predator.
3042 Section 85. For the purpose of incorporating the amendment
3043 made by this act to section 944.606, Florida Statutes, in a
3044 reference thereto, subsection (2) of section 943.0436, Florida
3045 Statutes, is reenacted to read:
3046 943.0436 Duty of the court to uphold laws governing sexual
3047 predators and sexual offenders.—
3048 (2) If a person meets the criteria in chapter 775 for
3049 designation as a sexual predator or meets the criteria in s.
3050 943.0435, s. 944.606, s. 944.607, or any other law for
3051 classification as a sexual offender, the court may not enter an
3052 order, for the purpose of approving a plea agreement or for any
3053 other reason, which:
3054 (a) Exempts a person who meets the criteria for designation
3055 as a sexual predator or classification as a sexual offender from
3056 such designation or classification, or exempts such person from
3057 the requirements for registration or community and public
3058 notification imposed upon sexual predators and sexual offenders;
3059 (b) Restricts the compiling, reporting, or release of
3060 public records information that relates to sexual predators or
3061 sexual offenders; or
3062 (c) Prevents any person or entity from performing its
3063 duties or operating within its statutorily conferred authority
3064 as such duty or authority relates to sexual predators or sexual
3065 offenders.
3066 Section 86. For the purpose of incorporating the amendment
3067 made by this act to section 944.606, Florida Statutes, in a
3068 reference thereto, section 948.31, Florida Statutes, is
3069 reenacted to read:
3070 948.31 Evaluation and treatment of sexual predators and
3071 offenders on probation or community control.—The court may
3072 require any probationer or community controllee who is required
3073 to register as a sexual predator under s. 775.21 or sexual
3074 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
3075 an evaluation, at the probationer or community controllee’s
3076 expense, by a qualified practitioner to determine whether such
3077 probationer or community controllee needs sexual offender
3078 treatment. If the qualified practitioner determines that sexual
3079 offender treatment is needed and recommends treatment, the
3080 probationer or community controllee must successfully complete
3081 and pay for the treatment. Such treatment must be obtained from
3082 a qualified practitioner as defined in s. 948.001. Treatment may
3083 not be administered by a qualified practitioner who has been
3084 convicted or adjudicated delinquent of committing, or
3085 attempting, soliciting, or conspiring to commit, any offense
3086 that is listed in s. 943.0435(1)(h)1.a.(I).
3087 Section 87. For the purpose of incorporating the amendment
3088 made by this act to section 944.606, Florida Statutes, in a
3089 reference thereto, paragraph (b) of subsection (6) of section
3090 985.04, Florida Statutes, is reenacted to read:
3091 985.04 Oaths; records; confidential information.—
3092 (6)
3093 (b) Sexual offender and predator registration information
3094 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
3095 and 985.4815 is a public record pursuant to s. 119.07(1) and as
3096 otherwise provided by law.
3097 Section 88. For the purpose of incorporating the amendment
3098 made by this act to section 944.607, Florida Statutes, in a
3099 reference thereto, subsection (3) of section 322.141, Florida
3100 Statutes, is reenacted to read:
3101 322.141 Color or markings of certain licenses or
3102 identification cards.—
3103 (3) All licenses for the operation of motor vehicles or
3104 identification cards originally issued or reissued by the
3105 department to persons who are designated as sexual predators
3106 under s. 775.21 or subject to registration as sexual offenders
3107 under s. 943.0435 or s. 944.607, or who have a similar
3108 designation or are subject to a similar registration under the
3109 laws of another jurisdiction, shall have on the front of the
3110 license or identification card the following:
3111 (a) For a person designated as a sexual predator under s.
3112 775.21 or who has a similar designation under the laws of
3113 another jurisdiction, the marking “SEXUAL PREDATOR.”
3114 (b) For a person subject to registration as a sexual
3115 offender under s. 943.0435 or s. 944.607, or subject to a
3116 similar registration under the laws of another jurisdiction, the
3117 marking “943.0435, F.S.”
3118 Section 89. For the purpose of incorporating the amendment
3119 made by this act to section 944.607, Florida Statutes, in a
3120 reference thereto, subsection (4) of section 775.13, Florida
3121 Statutes, is reenacted to read:
3122 775.13 Registration of convicted felons, exemptions;
3123 penalties.—
3124 (4) This section does not apply to an offender:
3125 (a) Who has had his or her civil rights restored;
3126 (b) Who has received a full pardon for the offense for
3127 which convicted;
3128 (c) Who has been lawfully released from incarceration or
3129 other sentence or supervision for a felony conviction for more
3130 than 5 years prior to such time for registration, unless the
3131 offender is a fugitive from justice on a felony charge or has
3132 been convicted of any offense since release from such
3133 incarceration or other sentence or supervision;
3134 (d) Who is a parolee or probationer under the supervision
3135 of the United States Parole Commission if the commission knows
3136 of and consents to the presence of the offender in Florida or is
3137 a probationer under the supervision of any federal probation
3138 officer in the state or who has been lawfully discharged from
3139 such parole or probation;
3140 (e) Who is a sexual predator and has registered as required
3141 under s. 775.21;
3142 (f) Who is a sexual offender and has registered as required
3143 in s. 943.0435 or s. 944.607; or
3144 (g) Who is a career offender who has registered as required
3145 in s. 775.261 or s. 944.609.
3146 Section 90. For the purpose of incorporating the amendment
3147 made by this act to section 944.607, Florida Statutes, in a
3148 reference thereto, subsection (2) of section 775.24, Florida
3149 Statutes, is reenacted to read:
3150 775.24 Duty of the court to uphold laws governing sexual
3151 predators and sexual offenders.—
3152 (2) If a person meets the criteria in this chapter for
3153 designation as a sexual predator or meets the criteria in s.
3154 943.0435, s. 944.606, s. 944.607, or any other law for
3155 classification as a sexual offender, the court may not enter an
3156 order, for the purpose of approving a plea agreement or for any
3157 other reason, which:
3158 (a) Exempts a person who meets the criteria for designation
3159 as a sexual predator or classification as a sexual offender from
3160 such designation or classification, or exempts such person from
3161 the requirements for registration or community and public
3162 notification imposed upon sexual predators and sexual offenders;
3163 (b) Restricts the compiling, reporting, or release of
3164 public records information that relates to sexual predators or
3165 sexual offenders; or
3166 (c) Prevents any person or entity from performing its
3167 duties or operating within its statutorily conferred authority
3168 as such duty or authority relates to sexual predators or sexual
3169 offenders.
3170 Section 91. For the purpose of incorporating the amendment
3171 made by this act to section 944.607, Florida Statutes, in a
3172 reference thereto, section 775.25, Florida Statutes, is
3173 reenacted to read:
3174 775.25 Prosecutions for acts or omissions.—A sexual
3175 predator or sexual offender who commits any act or omission in
3176 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
3177 944.607, or former s. 947.177 may be prosecuted for the act or
3178 omission in the county in which the act or omission was
3179 committed, in the county of the last registered address of the
3180 sexual predator or sexual offender, in the county in which the
3181 conviction occurred for the offense or offenses that meet the
3182 criteria for designating a person as a sexual predator or sexual
3183 offender, in the county where the sexual predator or sexual
3184 offender was released from incarceration, or in the county of
3185 the intended address of the sexual predator or sexual offender
3186 as reported by the predator or offender prior to his or her
3187 release from incarceration. In addition, a sexual predator may
3188 be prosecuted for any such act or omission in the county in
3189 which he or she was designated a sexual predator.
3190 Section 92. For the purpose of incorporating the amendment
3191 made by this act to section 944.607, Florida Statutes, in a
3192 reference thereto, subsection (2) of section 943.0436, Florida
3193 Statutes, is reenacted to read:
3194 943.0436 Duty of the court to uphold laws governing sexual
3195 predators and sexual offenders.—
3196 (2) If a person meets the criteria in chapter 775 for
3197 designation as a sexual predator or meets the criteria in s.
3198 943.0435, s. 944.606, s. 944.607, or any other law for
3199 classification as a sexual offender, the court may not enter an
3200 order, for the purpose of approving a plea agreement or for any
3201 other reason, which:
3202 (a) Exempts a person who meets the criteria for designation
3203 as a sexual predator or classification as a sexual offender from
3204 such designation or classification, or exempts such person from
3205 the requirements for registration or community and public
3206 notification imposed upon sexual predators and sexual offenders;
3207 (b) Restricts the compiling, reporting, or release of
3208 public records information that relates to sexual predators or
3209 sexual offenders; or
3210 (c) Prevents any person or entity from performing its
3211 duties or operating within its statutorily conferred authority
3212 as such duty or authority relates to sexual predators or sexual
3213 offenders.
3214 Section 93. For the purpose of incorporating the amendment
3215 made by this act to section 944.607, Florida Statutes, in a
3216 reference thereto, subsection (4) of section 948.06, Florida
3217 Statutes, is reenacted to read:
3218 948.06 Violation of probation or community control;
3219 revocation; modification; continuance; failure to pay
3220 restitution or cost of supervision.—
3221 (4) Notwithstanding any other provision of this section, a
3222 felony probationer or an offender in community control who is
3223 arrested for violating his or her probation or community control
3224 in a material respect may be taken before the court in the
3225 county or circuit in which the probationer or offender was
3226 arrested. That court shall advise him or her of the charge of a
3227 violation and, if such charge is admitted, shall cause him or
3228 her to be brought before the court that granted the probation or
3229 community control. If the violation is not admitted by the
3230 probationer or offender, the court may commit him or her or
3231 release him or her with or without bail to await further
3232 hearing. However, if the probationer or offender is under
3233 supervision for any criminal offense proscribed in chapter 794,
3234 s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
3235 registered sexual predator or a registered sexual offender, or
3236 is under supervision for a criminal offense for which he or she
3237 would meet the registration criteria in s. 775.21, s. 943.0435,
3238 or s. 944.607 but for the effective date of those sections, the
3239 court must make a finding that the probationer or offender is
3240 not a danger to the public prior to release with or without
3241 bail. In determining the danger posed by the offender’s or
3242 probationer’s release, the court may consider the nature and
3243 circumstances of the violation and any new offenses charged; the
3244 offender’s or probationer’s past and present conduct, including
3245 convictions of crimes; any record of arrests without conviction
3246 for crimes involving violence or sexual crimes; any other
3247 evidence of allegations of unlawful sexual conduct or the use of
3248 violence by the offender or probationer; the offender’s or
3249 probationer’s family ties, length of residence in the community,
3250 employment history, and mental condition; his or her history and
3251 conduct during the probation or community control supervision
3252 from which the violation arises and any other previous
3253 supervisions, including disciplinary records of previous
3254 incarcerations; the likelihood that the offender or probationer
3255 will engage again in a criminal course of conduct; the weight of
3256 the evidence against the offender or probationer; and any other
3257 facts the court considers relevant. The court, as soon as is
3258 practicable, shall give the probationer or offender an
3259 opportunity to be fully heard on his or her behalf in person or
3260 by counsel. After the hearing, the court shall make findings of
3261 fact and forward the findings to the court that granted the
3262 probation or community control and to the probationer or
3263 offender or his or her attorney. The findings of fact by the
3264 hearing court are binding on the court that granted the
3265 probation or community control. Upon the probationer or offender
3266 being brought before it, the court that granted the probation or
3267 community control may revoke, modify, or continue the probation
3268 or community control or may place the probationer into community
3269 control as provided in this section. However, the probationer or
3270 offender shall not be released and shall not be admitted to
3271 bail, but shall be brought before the court that granted the
3272 probation or community control if any violation of felony
3273 probation or community control other than a failure to pay costs
3274 or fines or make restitution payments is alleged to have been
3275 committed by:
3276 (a) A violent felony offender of special concern, as
3277 defined in this section;
3278 (b) A person who is on felony probation or community
3279 control for any offense committed on or after the effective date
3280 of this act and who is arrested for a qualifying offense as
3281 defined in this section; or
3282 (c) A person who is on felony probation or community
3283 control and has previously been found by a court to be a
3284 habitual violent felony offender as defined in s. 775.084(1)(b),
3285 a three-time violent felony offender as defined in s.
3286 775.084(1)(c), or a sexual predator under s. 775.21, and who is
3287 arrested for committing a qualifying offense as defined in this
3288 section on or after the effective date of this act.
3289 Section 94. For the purpose of incorporating the amendment
3290 made by this act to section 944.607, Florida Statutes, in a
3291 reference thereto, section 948.063, Florida Statutes, is
3292 reenacted to read:
3293 948.063 Violations of probation or community control by
3294 designated sexual offenders and sexual predators.—
3295 (1) If probation or community control for any felony
3296 offense is revoked by the court pursuant to s. 948.06(2)(e) and
3297 the offender is designated as a sexual offender pursuant to s.
3298 943.0435 or s. 944.607 or as a sexual predator pursuant to s.
3299 775.21 for unlawful sexual activity involving a victim 15 years
3300 of age or younger and the offender is 18 years of age or older,
3301 and if the court imposes a subsequent term of supervision
3302 following the revocation of probation or community control, the
3303 court must order electronic monitoring as a condition of the
3304 subsequent term of probation or community control.
3305 (2) If the probationer or offender is required to register
3306 as a sexual predator under s. 775.21 or as a sexual offender
3307 under s. 943.0435 or s. 944.607 for unlawful sexual activity
3308 involving a victim 15 years of age or younger and the
3309 probationer or offender is 18 years of age or older and has
3310 violated the conditions of his or her probation or community
3311 control, but the court does not revoke the probation or
3312 community control, the court shall nevertheless modify the
3313 probation or community control to include electronic monitoring
3314 for any probationer or offender not then subject to electronic
3315 monitoring.
3316 Section 95. For the purpose of incorporating the amendment
3317 made by this act to section 944.607, Florida Statutes, in a
3318 reference thereto, section 948.31, Florida Statutes, is
3319 reenacted to read:
3320 948.31 Evaluation and treatment of sexual predators and
3321 offenders on probation or community control.—The court may
3322 require any probationer or community controllee who is required
3323 to register as a sexual predator under s. 775.21 or sexual
3324 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
3325 an evaluation, at the probationer or community controllee’s
3326 expense, by a qualified practitioner to determine whether such
3327 probationer or community controllee needs sexual offender
3328 treatment. If the qualified practitioner determines that sexual
3329 offender treatment is needed and recommends treatment, the
3330 probationer or community controllee must successfully complete
3331 and pay for the treatment. Such treatment must be obtained from
3332 a qualified practitioner as defined in s. 948.001. Treatment may
3333 not be administered by a qualified practitioner who has been
3334 convicted or adjudicated delinquent of committing, or
3335 attempting, soliciting, or conspiring to commit, any offense
3336 that is listed in s. 943.0435(1)(h)1.a.(I).
3337 Section 96. For the purpose of incorporating the amendment
3338 made by this act to section 944.607, Florida Statutes, in a
3339 reference thereto, paragraph (b) of subsection (6) of section
3340 985.04, Florida Statutes, is reenacted to read:
3341 985.04 Oaths; records; confidential information.—
3342 (6)
3343 (b) Sexual offender and predator registration information
3344 as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
3345 and 985.4815 is a public record pursuant to s. 119.07(1) and as
3346 otherwise provided by law.
3347 Section 97. This act shall take effect October 1, 2025.