September 18, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
_h1877c1
HB 1877CS

CHAMBER ACTION




1The Justice Appropriations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to sexual predators and sexual offenders;
7providing a popular name; amending s. 216.136, F.S.;
8assigning an additional responsibility to the Criminal
9Justice Estimating Conference; amending s. 775.082, F.S.;
10requiring lifetime electronic monitoring for certain
11offenders; creating s. 775.0821, F.S.; creating a felony
12offense for removing or tampering with a lifetime
13electronic monitoring device; providing criminal
14penalties; amending s. 775.21, F.S.; revising criteria for
15sexual predator designation; extending period for petition
16to remove sexual predator designation; creating s.
17775.235, F.S.; prohibiting the harboring of a sexual
18predator or sexual offender; providing criminal penalties;
19amending s. 921.141, F.S.; creating an aggravating
20circumstance pertaining to sexual predators for purposes
21of imposing the death penalty; amending s. 947.1405, F.S.;
22requiring sexual offenders and sexual predators on
23conditional release to be placed on electronic monitoring;
24requiring the Parole Commission to order sexual offenders
25and sexual predators on conditional release to be returned
26to prison until expiration of sentence for any material
27violation of supervision; creating s. 947.1406, F.S.;
28providing requirements for electronic monitoring of sexual
29offenders and sexual predators on conditional release;
30amending s. 948.06, F.S.; requiring electronic monitoring
31for any violation of probation or community control
32supervision by certain offenders and sexual predators;
33amending s. 948.11, F.S.; providing requirements for
34electronic monitoring of sexual offenders and sexual
35predators on community control or probation; amending s.
36948.30, F.S.; requiring sexual offenders and sexual
37predators on community control or probation to be placed
38on electronic monitoring; providing for severability;
39providing an effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  This act may be cited as the "Jessica Lunsford
44Act."
45     Section 2.  Paragraph (a) of subsection (5) of section
46216.136, Florida Statutes, is amended to read:
47     216.136  Consensus estimating conferences; duties and
48principals.--
49     (5)  CRIMINAL JUSTICE ESTIMATING CONFERENCE.--
50     (a)  Duties.--The Criminal Justice Estimating Conference
51shall:
52     1.  Develop such official information relating to the
53criminal justice system, including forecasts of prison
54admissions and population and of supervised felony offender
55admissions and population, as the conference determines is
56needed for the state planning and budgeting system.
57     2.  Develop such official information relating to the
58number of eligible discharges and the projected number of civil
59commitments for determining space needs pursuant to the civil
60proceedings provided under part V of chapter 394.
61     3.  Develop official information relating to the number of
62sexual offenders and sexual predators who are required by law to
63be placed on community control, probation, or conditional
64release.
65     Section 3.  Subsection (10) of section 775.082, Florida
66Statutes, is renumbered as subsection (11), and a new subsection
67(10) is added to said section, to read:
68     775.082  Penalties; applicability of sentencing structures;
69mandatory minimum sentences for certain reoffenders previously
70released from prison.--
71     (10)(a)  Any defendant convicted of any of the following
72offenses shall, in addition to any other penalty provided by
73law, be subject to electronic monitoring supervised by the
74Department of Corrections for the remainder of his or her
75natural life:
76     1.  Section 787.01(3), relating to kidnapping a child under
77age 13.
78     2.  Section 787.02(3), relating to false imprisonment of a
79child under age 13.
80     3.  Section 787.025, relating to luring or enticing a
81child.
82     4.  Section 794.011(2), (3), (4), or (8), relating to
83sexual battery.
84     5.  Section 800.04(4), relating to lewd or lascivious
85battery.
86     (b)  Any defendant convicted of the following offenses:
87     1.  Section 800.04(5), relating to lewd or lascivious
88molestation;
89     2.  Section 787.01(3), relating to kidnapping;
90     3.  Section 794.011(5), relating to sexual battery; or
91     4.  Section 825.1025(2), relating to lewd or lascivious
92battery on an elderly person,
93
94shall, in addition to any other penalty provided by law, be
95subject to electronic monitoring supervised by the Department of
96Corrections for the remainder of the defendant's natural life if
97the court determines that the defendant has been previously
98convicted for any violation of s. 800.04, s. 794.011, s. 787.01,
99s. 787.02, s. 787.025, or s. 825.1025, or any burglary of a
100dwelling under s. 810.02.
101     (c)  The lifetime electronic monitoring required for
102offenders meeting the criteria of this subsection shall be in
103addition to any other provision of sentencing ordered by the
104court. The electronic monitoring shall commence upon expiration
105of the defendant's sentence of imprisonment, or after the
106period, if any, of probation, community control, or conditional
107release supervision, whichever occurs later. The Department of
108Corrections shall use a system of active electronic monitoring
109that identifies the location of a monitored offender and that
110can produce, upon request, reports or records of the offender's
111presence near or within a crime scene. The requirements of this
112subsection apply to all eligible defendants whose crimes
113occurred on or after July 1, 2005. For purposes of this
114subsection, the term "conviction" has the same meaning as
115provided in s. 921.0021.
116     Section 4.  Section 775.0821, Florida Statutes, is created
117to read:
118     775.0821  Tampering with or removal of lifetime electronic
119monitoring device.--
120     (1)  Any person subject to lifetime electronic monitoring
121under s. 775.082 who removes the electronic monitoring device
122without authorization from the Department of Corrections, or who
123defaces, alters, destroys, or tampers with a lifetime electronic
124monitoring device, commits a felony of the first degree,
125punishable as provided in s. 775.082 or s. 775.083.
126     (2)  Any person subject to lifetime electronic monitoring
127under s. 775.082 must follow instructions provided by the
128Department of Corrections or the electronic monitoring device
129manufacturer to maintain the electronic monitoring device in
130working order. Incidental damage or defacement of the electronic
131monitoring device must be reported to the Department of
132Corrections within 2 hours. Failure to comply with the reporting
133requirement of this subsection is a felony of the third degree,
134punishable as provided in s. 775.082 or s. 775.083.
135     Section 5.  Paragraph (b) of subsection (4) and paragraph
136(l) of subsection (6) of section 775.21, Florida Statutes, are
137amended to read:
138     775.21  The Florida Sexual Predators Act.--
139     (4)  SEXUAL PREDATOR CRITERIA.--
140     (b)  In order to be counted as a prior felony for purposes
141of this subsection, the felony must have resulted in a
142conviction sentenced separately, or an adjudication of
143delinquency for an offense committed entered separately, prior
144to the current offense and sentenced or adjudicated separately
145from any other felony conviction that is to be counted as a
146prior felony. If the offender's prior enumerated felony was
147committed more than 10 years before the primary offense, it
148shall not be considered a prior felony under this subsection if
149the offender has not been convicted of any other crime for a
150period of 10 consecutive years from the most recent date of
151release from confinement, supervision, or sanction, whichever is
152later.
153     (6)  REGISTRATION.--
154     (l)  A sexual predator must maintain registration with the
155department for the duration of his or her life, unless the
156sexual predator has received a full pardon or has had a
157conviction set aside in a postconviction proceeding for any
158offense that met the criteria for the sexual predator
159designation. However, a sexual predator who was designated as a
160sexual predator by a court before October 1, 1998, and who has
161been lawfully released from confinement, supervision, or
162sanction, whichever is later, for at least 10 years and has not
163been arrested for any felony or misdemeanor offense since
164release, may petition the criminal division of the circuit court
165in the circuit in which the sexual predator resides for the
166purpose of removing the sexual predator designation. A sexual
167predator who was designated a sexual predator by a court on or
168after October 1, 1998, who has been lawfully released from
169confinement, supervision, or sanction, whichever is later, for
170at least 20 years, and who has not been arrested for any felony
171or misdemeanor offense since release may petition the criminal
172division of the circuit court in the circuit in which the sexual
173predator resides for the purpose of removing the sexual predator
174designation. A sexual predator who was designated a sexual
175predator by a court on or after October 1, 2005, who has been
176lawfully released from confinement, supervision, or sanction,
177whichever is later, for at least 30 years and who has not been
178arrested for any felony or misdemeanor offense since release may
179petition the criminal division of the circuit court in the
180circuit in which the sexual predator resides for the purpose of
181removing the sexual predator designation. The court may grant or
182deny such relief if the petitioner demonstrates to the court
183that he or she has not been arrested for any crime since
184release, the requested relief complies with the provisions of
185the federal Jacob Wetterling Act, as amended, and any other
186federal standards applicable to the removal of the designation
187as a sexual predator or required to be met as a condition for
188the receipt of federal funds by the state, and the court is
189otherwise satisfied that the petitioner is not a current or
190potential threat to public safety. The state attorney in the
191circuit in which the petition is filed must be given notice of
192the petition at least 3 weeks before the hearing on the matter.
193The state attorney may present evidence in opposition to the
194requested relief or may otherwise demonstrate the reasons why
195the petition should be denied. If the court denies the petition,
196the court may set a future date at which the sexual predator may
197again petition the court for relief, subject to the standards
198for relief provided in this paragraph. Unless specified in the
199order, a sexual predator who is granted relief under this
200paragraph must comply with the requirements for registration as
201a sexual offender and other requirements provided under s.
202943.0435 or s. 944.607. If a petitioner obtains an order from
203the court that imposed the order designating the petitioner as a
204sexual predator which removes such designation, the petitioner
205shall forward a certified copy of the written findings or order
206to the department in order to have the sexual predator
207designation removed from the sexual predator registry.
208
209The sheriff shall promptly provide to the department the
210information received from the sexual predator.
211     Section 6.  Section 775.235, Florida Statutes, is created
212to read:
213     775.235  Harboring sexual predator or sexual offender.--Any
214person who permits a sexual predator or sexual offender to
215reside with that person knowing that the sexual predator or
216sexual offender has failed to comply with requirements of s.
217775.21, s. 943.0435, or s. 944.607 commits a felony of the third
218degree, punishable as provided in s. 775.082 or s. 775.083.
219     Section 7.  Paragraph (o) is added to subsection (5) of
220section 921.141, Florida Statutes, to read:
221     921.141  Sentence of death or life imprisonment for capital
222felonies; further proceedings to determine sentence.--
223     (5)  AGGRAVATING CIRCUMSTANCES.--Aggravating circumstances
224shall be limited to the following:
225     (o)  The capital felony was committed by a person
226designated a sexual predator pursuant to s. 775.21 or a person
227previously designated a sexual predator whose sexual predator
228designation had been removed.
229     Section 8.  Paragraph (b) of subsection (7) of section
230947.1405, Florida Statutes, is amended, paragraph (c) is added
231to said subsection, subsection (9) is renumbered as subsection
232(10), and a new subsection (9) is added to said section, to
233read:
234     947.1405  Conditional release program.--
235     (7)
236     (b)  For a releasee whose crime was committed on or after
237October 1, 1997, in violation of chapter 794, s. 800.04, s.
238827.071, or s. 847.0145, and who is subject to conditional
239release supervision, in addition to any other provision of this
240section subsection, the commission shall impose the following
241additional conditions of conditional release supervision:
242     1.  As part of a treatment program, participation in a
243minimum of one annual polygraph examination to obtain
244information necessary for risk management and treatment and to
245reduce the sex offender's denial mechanisms. The polygraph
246examination must be conducted by a polygrapher trained
247specifically in the use of the polygraph for the monitoring of
248sex offenders, where available, and at the expense of the sex
249offender. The results of the polygraph examination shall not be
250used as evidence in a hearing to prove that a violation of
251supervision has occurred.
252     2.  Maintenance of a driving log and a prohibition against
253driving a motor vehicle alone without the prior approval of the
254supervising officer.
255     3.  A prohibition against obtaining or using a post office
256box without the prior approval of the supervising officer.
257     4.  If there was sexual contact, a submission to, at the
258probationer's or community controllee's expense, an HIV test
259with the results to be released to the victim or the victim's
260parent or guardian.
261     5.  Electronic monitoring of any form when ordered by the
262commission.
263     (c)  Effective for a releasee whose crime was committed on
264or after July 1, 2005, in violation of chapter 794, s. 800.04,
265s. 827.071, or s. 847.0145, or who is designated a sexual
266predator pursuant to s. 775.21, in addition to any other
267provision of this section, the commission shall require
268electronic monitoring as provided in s. 947.1406.
269     (9)  For a releasee placed on electronic monitoring
270pursuant to paragraph (7)(c) who the commission determines is in
271violation of any material condition of supervision, the
272commission shall order the releasee returned to prison until the
273expiration of the sentence of imprisonment.
274     Section 9.  Section 947.1406, Florida Statutes, is created
275to read:
276     947.1406  Electronic monitoring for certain sex offenders
277and sexual predators.--For any conditional releasee placed on
278electronic monitoring pursuant to s. 947.1405(9), the department
279shall use a system of active electronic monitoring that
280identifies the location of a monitored offender and that can
281produce upon request reports or records of the offender's
282location at any time.
283     Section 10.  Subsection (8) is added to section 948.06,
284Florida Statutes, to read:
285     948.06  Violation of probation or community control;
286revocation; modification; continuance; failure to pay
287restitution or cost of supervision.--
288     (8)  This subsection shall apply to any probationer or
289community controllee under supervision for a violation of s.
290787.01, s. 787.02, s. 787.025, s. 794.011, s. 800.04, s.
291827.071, or s. 847.0145, or who is designated a sexual predator
292pursuant to s. 775.21, regardless of when his or her crime was
293committed. In any case, when a violation of supervision is
294admitted or determined by the court to be proven, and the court
295returns the violator to probation or community control
296supervision, the court must, in addition to any other condition
297of supervision, order electronic monitoring as described in s.
298948.11(6).
299     Section 11.  Subsection (6) is added to section 948.11,
300Florida Statutes, to read:
301     948.11  Electronic monitoring devices.--
302     (6)  For any probationer or community controllee placed on
303electronic monitoring pursuant to s. 948.30(3), the Department
304of Corrections shall use a system of active electronic
305monitoring that identifies the location of a monitored offender
306and that can produce, upon request, reports or records of the
307offender's location at any time.
308     Section 12.  Subsection (2) of section 948.30, Florida
309Statutes, is amended, and subsection (3) is added to said
310section, to read:
311     948.30  Additional terms and conditions of probation or
312community control for certain sex offenses.--Conditions imposed
313pursuant to this section do not require oral pronouncement at
314the time of sentencing and shall be considered standard
315conditions of probation or community control for offenders
316specified in this section.
317     (2)  Effective for a probationer or community controllee
318whose crime was committed on or after October 1, 1997, and who
319is on supervision placed on sex offender probation for a
320violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145,
321in addition to any other provision of this section subsection,
322the court must impose the following conditions of probation or
323community control:
324     (a)  As part of a treatment program, participation at least
325annually in polygraph examinations to obtain information
326necessary for risk management and treatment and to reduce the
327sex offender's denial mechanisms. A polygraph examination must
328be conducted by a polygrapher trained specifically in the use of
329the polygraph for the monitoring of sex offenders, where
330available, and shall be paid for by the sex offender. The
331results of the polygraph examination shall not be used as
332evidence in court to prove that a violation of community
333supervision has occurred.
334     (b)  Maintenance of a driving log and a prohibition against
335driving a motor vehicle alone without the prior approval of the
336supervising officer.
337     (c)  A prohibition against obtaining or using a post office
338box without the prior approval of the supervising officer.
339     (d)  If there was sexual contact, a submission to, at the
340probationer's or community controllee's expense, an HIV test
341with the results to be released to the victim or the victim's
342parent or guardian.
343     (e)  Electronic monitoring when deemed necessary by the
344community control or probation officer and his or her
345supervisor, and ordered by the court at the recommendation of
346the Department of Corrections.
347     (3)  Effective for a probationer or community controllee
348whose crime was committed on or after July 1, 2005, and who is
349on supervision for a violation of chapter 794, s. 800.04, s.
350827.071, or s. 847.0145, or who is designated a sexual predator
351pursuant to s. 775.21, in addition to any other provision of
352this section, the court shall order electronic monitoring as
353provided in s. 948.11(6).
354     Section 13.  If any provision of this act or its
355application to any person or circumstance is held invalid, the
356invalidity does not affect other provisions or applications of
357the act that can be given effect without the invalid provision
358or application, and to this end the provisions of this act are
359declared severable.
360     Section 14.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.
Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader