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       Florida Senate - 2010                                    SB 1314
       By Senator Storms
       10-00843A-10                                          20101314__
    1                        A bill to be entitled                      
    2         An act relating to sexually violent predators;
    3         amending s. 394.912, F.S.; clarifying the definition
    4         of the term “sexually violent offense” to include a
    5         felony criminal act that has been determined beyond a
    6         reasonable doubt to have been sexually motivated;
    7         amending s. 394.913, F.S.; requiring the Department of
    8         Children and Family Services to prioritize the
    9         assessment of certain offenders for whom written
   10         assessments and recommendations have not been
   11         completed within a specified period; amending s.
   12         394.9135, F.S.; revising the period within which the
   13         department’s multidisciplinary team is required to
   14         provide an assessment to the state attorney regarding
   15         certain offenders and file a petition with the circuit
   16         court alleging that an offender is a sexually violent
   17         predator; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (9) of section 394.912, Florida
   22  Statutes, is amended to read:
   23         394.912 Definitions.—As used in this part, the term:
   24         (9) “Sexually violent offense” means:
   25         (a) Murder of a human being while engaged in sexual battery
   26  in violation of s. 782.04(1)(a)2.;
   27         (b) Kidnapping of a child under the age of 13 and, in the
   28  course of that offense, committing:
   29         1. Sexual battery; or
   30         2. A lewd, lascivious, or indecent assault or act upon or
   31  in the presence of the child;
   32         (c) Committing the offense of false imprisonment upon a
   33  child under the age of 13 and, in the course of that offense,
   34  committing:
   35         1. Sexual battery; or
   36         2. A lewd, lascivious, or indecent assault or act upon or
   37  in the presence of the child;
   38         (d) Sexual battery in violation of s. 794.011;
   39         (e) Lewd, lascivious, or indecent assault or act upon or in
   40  presence of the child in violation of s. 800.04 or s.
   41  847.0135(5);
   42         (f) An attempt, criminal solicitation, or conspiracy, in
   43  violation of s. 777.04, of a sexually violent offense;
   44         (g) Any conviction for a felony offense in effect at any
   45  time before October 1, 1998, which is comparable to a sexually
   46  violent offense under paragraphs (a)-(f) or any federal
   47  conviction or conviction in another state for a felony offense
   48  that in this state would be a sexually violent offense; or
   49         (h) Any felony criminal act that, either at the time of
   50  sentencing for the offense or subsequently during civil
   51  commitment proceedings under this part, has been determined
   52  beyond a reasonable doubt to have been sexually motivated.
   53         Section 2. Paragraph (e) of subsection (3) of section
   54  394.913, Florida Statutes, is amended to read:
   55         394.913 Notice to state attorney and multidisciplinary team
   56  of release of sexually violent predator; establishing
   57  multidisciplinary teams; information to be provided to
   58  multidisciplinary teams.—
   59         (3)
   60         (e)1. Within 180 days after receiving notice, there shall
   61  be a written assessment as to whether the person meets the
   62  definition of a sexually violent predator and a written
   63  recommendation, which shall be provided to the state attorney.
   64  The written recommendation shall be provided by the Department
   65  of Children and Family Services and shall include the written
   66  report of the multidisciplinary team.
   67         2.The timeframes in this section notwithstanding, when
   68  there are individuals for whom the written assessment and
   69  recommendation have not been completed by 365 days before their
   70  release from total confinement, the department shall prioritize
   71  the assessment of those individuals based on their release date.
   72         Section 3. Subsections (2) and (3) of section 394.9135,
   73  Florida Statutes, are amended to read:
   74         394.9135 Immediate releases from total confinement;
   75  transfer of person to department; time limitations on
   76  assessment, notification, and filing petition to hold in
   77  custody; filing petition after release.—
   78         (2) Within 72 hours after transfer, the multidisciplinary
   79  team shall assess whether the person meets the definition of a
   80  sexually violent predator. If the multidisciplinary team
   81  determines that the person does not meet the definition of a
   82  sexually violent predator, that person shall be immediately
   83  released. If the multidisciplinary team determines that the
   84  person meets the definition of a sexually violent predator, the
   85  team shall provide the state attorney, as designated by s.
   86  394.913, with its written assessment and recommendation within
   87  the 72-hour period or, if the 72-hour period ends after 5 p.m.
   88  on a work day or on a weekend or holiday, within the next
   89  working day thereafter.
   90         (3) Within 48 hours after receipt of the written assessment
   91  and recommendation from the multidisciplinary team, the state
   92  attorney, as designated in s. 394.913, may file a petition with
   93  the circuit court alleging that the person is a sexually violent
   94  predator and stating facts sufficient to support such
   95  allegation. If a petition is not filed within 48 hours after
   96  receipt of the written assessment and recommendation by the
   97  state attorney, the person shall be immediately released, except
   98  that if the 48-hour period ends after 5 p.m. on a work day or on
   99  a weekend or holiday, the petition may be filed on the next work
  100  day without resulting in the person’s release. If a petition is
  101  filed pursuant to this section and the judge determines that
  102  there is probable cause to believe that the person is a sexually
  103  violent predator, the judge shall order the person be maintained
  104  in custody and held in an appropriate secure facility for
  105  further proceedings in accordance with this part.
  106         Section 4. This act shall take effect July 1, 2010.

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