Florida Senate - 2021 SB 126 By Senator Hutson 7-00105A-21 2021126__ Page 1 of 9 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to sexual offender registration; 2 amending s. 943.0435, F.S.; redefining the term 3 “sexual offender”; providing that certain persons are 4 deemed released upon conviction; amending ss. 92.55, 5 934.255, 943.0595, 947.1405, 948.30, and 948.31, F.S.; 6 conforming cross-references; providing an effective 7 date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11

Section 1. Paragraph (

h) of subsection (1) of

section 12 943.0435, Florida Statutes, is amended to read: 13 943.0435 Sexual offenders required to register with the 14 department; penalty.— 15

(1) As used in this section, the term: 16 (h)1. “Sexual offender” means a person who meets the 17 criteria in sub-subparagraph a., sub-subparagraph b., sub-18 subparagraph c., or sub-subparagraph d., as follows: 19 a.(

I) Has been convicted of committing, or attempting, 20 soliciting, or conspiring to commit, any of the criminal 21 offenses proscribed in the following statutes in this state or 22 similar offenses in another jurisdiction: s. 393.135(2); s. 23 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 24 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 25 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 26 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 27 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 28 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 29

Florida Senate - 2021 SB 126 7-00105A-21 2021126__ Page 2 of 9 CODING: Words stricken are deletions; words underlined are additions. s. 895.03, if the court makes a written finding that the 30 racketeering activity involved at least one sexual offense 31 listed in this sub-subparagraph sub-sub-subparagraph or at least 32 one offense listed in this sub-subparagraph sub-sub-subparagraph 33 with sexual intent or motive; s. 916.1075(2); or s. 985.701(1); 34 or any similar offense committed in this state which has been 35 redesignated from a former statute number to one of those listed 36 in this sub-subparagraph sub-sub-subparagraph; and 37 (II) has been released on or after October 1, 1997, from 38 incarceration and any postconviction supervision imposed for 39 such conviction and does not meet the criteria for registration 40 as a sexual offender under any other law of this state.

For 41 purposes of this sub-subparagraph, such a person who is not 42 incarcerated and is not subject to postconviction supervision is 43 deemed to be released upon conviction the sanction imposed for 44 any conviction of an offense described in sub-sub-subparagraph 45 (I).

For purposes of sub-sub-subparagraph (I), a sanction 46 imposed in this state or in any other jurisdiction includes, but 47 is not limited to, a fine, probation, community control, parole, 48 conditional release, control release, or incarceration in a 49 state prison, federal prison, private correctional facility, or 50 local detention facility; 51 b.

Establishes or maintains a residence in this state and 52 who has not been designated as a sexual predator by a court of 53 this state but who has been designated as a sexual predator, as 54 a sexually violent predator, or by another sexual offender 55 designation in another state or jurisdiction and was, as a 56 result of such designation, subjected to registration or 57 community or public notification, or both, or would be if the 58

Florida Senate - 2021 SB 126 7-00105A-21 2021126__ Page 3 of 9 CODING: Words stricken are deletions; words underlined are additions. person were a resident of that state or jurisdiction, without 59 regard to whether the person otherwise meets the criteria for 60 registration as a sexual offender; 61 c.

Establishes or maintains a residence in this state who 62 is in the custody or control of, or under the supervision of, 63 any other state or jurisdiction as a result of a conviction for 64 committing, or attempting, soliciting, or conspiring to commit, 65 any of the criminal offenses proscribed in the following 66 statutes or similar offense in another jurisdiction: s. 67 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 68 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 69 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 70 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 71 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; 72 s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; 73 s. 847.0145; s. 895.03, if the court makes a written finding 74 that the racketeering activity involved at least one sexual 75 offense listed in this sub-subparagraph or at least one offense 76 listed in this sub-subparagraph with sexual intent or motive; s. 77 916.1075(2); or s. 985.701(1); or any similar offense committed 78 in this state which has been redesignated from a former statute 79 number to one of those listed in this sub-subparagraph; or 80 d.

On or after July 1, 2007, has been adjudicated 81 delinquent for committing, or attempting, soliciting, or 82 conspiring to commit, any of the criminal offenses proscribed in 83 the following statutes in this state or similar offenses in 84 another jurisdiction when the juvenile was 14 years of age or 85 older at the time of the offense: 86 (

I) Section 794.011, excluding s. 794.011(10); 87

Florida Senate - 2021 SB 126 7-00105A-21 2021126__ Page 4 of 9 CODING: Words stricken are deletions; words underlined are additions. (II)

Section 800.04(4)(a)2. where the victim is under 12 88 years of age or where the court finds sexual activity by the use 89 of force or coercion; 90 (III)

Section 800.04(5)(c)1. where the court finds 91 molestation involving unclothed genitals; 92 (IV)

Section 800.04(5)(

d) where the court finds the use of 93 force or coercion and unclothed genitals; or 94 (

V) Any similar offense committed in this state which has 95 been redesignated from a former statute number to one of those 96 listed in this sub-subparagraph. 97 2. For all qualifying offenses listed in sub-subparagraph 98 1.d., the court shall make a written finding of the age of the 99 offender at the time of the offense. 100 101 For each violation of a qualifying offense listed in this 102 subsection, except for a violation of s. 794.011, the court 103 shall make a written finding of the age of the victim at the 104 time of the offense.

For a violation of s. 800.04(4), the court 105 shall also make a written finding indicating whether the offense 106 involved sexual activity and indicating whether the offense 107 involved force or coercion. For a violation of s. 800.04(5), the 108 court shall also make a written finding that the offense did or 109 did not involve unclothed genitals or genital area and that the 110 offense did or did not involve the use of force or coercion. 111

Section 2. Paragraph (

b) of subsection (1) of

section 112 92.55, Florida Statutes, is amended to read: 113 92.55 Judicial or other proceedings involving victim or 114 witness under the age of 18, a person who has an intellectual 115 disability, or a sexual offense victim or witness; special 116

Florida Senate - 2021 SB 126 7-00105A-21 2021126__ Page 5 of 9 CODING: Words stricken are deletions; words underlined are additions. protections; use of therapy animals or facility dogs.— 117

(1) For purposes of this section, the term: 118 (b) “Sexual offense” means any offense specified in s. 119 775.21(4)(a)1. or s. 943.0435(1)(h)1.a. s. 120 943.0435(1)(h)1.a.(I). 121

Section 3. Paragraph (

a) of subsection (2) of

section 122 934.255, Florida Statutes, is amended to read: 123 934.255 Subpoenas in investigations of sexual offenses.— 124

(2) An investigative or law enforcement officer who is 125 conducting an investigation into: 126 (

a) Allegations of the sexual abuse of a child or an 127 individual’s suspected commission of a crime listed in s. 128 943.0435(1)(h)1.a. s. 943.0435(1)(h)1.a.(

I) may use a subpoena 129 to compel the production of records, documents, or other 130 tangible objects and the testimony of the subpoena recipient 131 concerning the production and authenticity of such records, 132 documents, or objects, except as provided in paragraphs (

b) and 133 (c). 134 135 A subpoena issued under this subsection must describe the 136 records, documents, or other tangible objects required to be 137 produced, and must prescribe a date by which such records, 138 documents, or other tangible objects must be produced. 139

Section 4. Paragraph (

a) of subsection (2) of

section 140 943.0595, Florida Statutes, is amended to read: 141 943.0595 Automatic sealing of criminal history records.— 142

(2) ELIGIBILITY.— 143 (

a) The department shall automatically seal a criminal 144 history record that does not result from an indictment, 145

Florida Senate - 2021 SB 126 7-00105A-21 2021126__ Page 6 of 9 CODING: Words stricken are deletions; words underlined are additions. information, or other charging document for a forcible felony as 146 defined in s. 776.08 or for an offense enumerated in s. 147 943.0435(1)(h)1.a. s. 943.0435(1)(h)1.a.(I), if: 148 1. An indictment, information, or other charging document 149 was not filed or issued in the case giving rise to the criminal 150 history record. 151 2.

An indictment, information, or other charging document 152 was filed in the case giving rise to the criminal history 153 record, but was dismissed or nolle prosequi by the state 154 attorney or statewide prosecutor or was dismissed by a court of 155 competent jurisdiction. However, a person is not eligible for 156 automatic sealing under this

section if the dismissal was 157 pursuant to s. 916.145 or s. 985.19. 158 3. A not guilty verdict was rendered by a judge or jury. 159 However, a person is not eligible for automatic sealing under 160 this

section if the defendant was found not guilty by reason of 161 insanity. 162 4. A judgment of acquittal was rendered by a judge. 163

Section 5. Subsection (12) of

section 947.1405, Florida 164 Statutes, is amended to read: 165 947.1405 Conditional release program.— 166

(12) In addition to all other conditions imposed, for a 167 releasee who is subject to conditional release for a crime that 168 was committed on or after May 26, 2010, and who has been 169 convicted at any time of committing, or attempting, soliciting, 170 or conspiring to commit, any of the criminal offenses listed in 171 s. 943.0435(1)(h)1.a. s. 943.0435(1)(h)1.a.(I), or a similar 172 offense in another jurisdiction against a victim who was under 173 18 years of age at the time of the offense, if the releasee has 174

Florida Senate - 2021 SB 126 7-00105A-21 2021126__ Page 7 of 9 CODING: Words stricken are deletions; words underlined are additions. not received a pardon for any felony or similar law of another 175 jurisdiction necessary for the operation of this subsection, if 176 a conviction of a felony or similar law of another jurisdiction 177 necessary for the operation of this subsection has not been set 178 aside in any postconviction proceeding, or if the releasee has 179 not been removed from the requirement to register as a sexual 180 offender or sexual predator pursuant to s. 943.04354, the 181 commission must impose the following conditions: 182 (

a) A prohibition on visiting schools, child care 183 facilities, parks, and playgrounds without prior approval from 184 the releasee’s supervising officer. The commission may also 185 designate additional prohibited locations to protect a victim. 186 The prohibition ordered under this paragraph does not prohibit 187 the releasee from visiting a school, child care facility, park, 188 or playground for the sole purpose of attending a religious 189 service as defined in s. 775.0861 or picking up or dropping off 190 the releasee’s child or grandchild at a child care facility or 191 school. 192 (

b) A prohibition on distributing candy or other items to 193 children on Halloween; wearing a Santa Claus costume, or other 194 costume to appeal to children, on or preceding Christmas; 195 wearing an Easter Bunny costume, or other costume to appeal to 196 children, on or preceding Easter; entertaining at children’s 197 parties; or wearing a clown costume without prior approval from 198 the commission. 199

Section 6. Subsection (4) of

section 948.30, Florida 200 Statutes, is amended to read: 201 948.30 Additional terms and conditions of probation or 202 community control for certain sex offenses.—Conditions imposed 203

Florida Senate - 2021 SB 126 7-00105A-21 2021126__ Page 8 of 9 CODING: Words stricken are deletions; words underlined are additions. pursuant to this

section do not require oral pronouncement at 204 the time of sentencing and shall be considered standard 205 conditions of probation or community control for offenders 206 specified in this section. 207

(4) In addition to all other conditions imposed, for a 208 probationer or community controllee who is subject to 209 supervision for a crime that was committed on or after May 26, 210 2010, and who has been convicted at any time of committing, or 211 attempting, soliciting, or conspiring to commit, any of the 212 criminal offenses listed in s. 943.0435(1)(h)1.a. s. 213 943.0435(1)(h)1.a.(I), or a similar offense in another 214 jurisdiction, against a victim who was under the age of 18 at 215 the time of the offense; if the offender has not received a 216 pardon for any felony or similar law of another jurisdiction 217 necessary for the operation of this subsection, if a conviction 218 of a felony or similar law of another jurisdiction necessary for 219 the operation of this subsection has not been set aside in any 220 postconviction proceeding, or if the offender has not been 221 removed from the requirement to register as a sexual offender or 222 sexual predator pursuant to s. 943.04354, the court must impose 223 the following conditions: 224 (

a) A prohibition on visiting schools, child care 225 facilities, parks, and playgrounds, without prior approval from 226 the offender’s supervising officer. The court may also designate 227 additional locations to protect a victim. The prohibition 228 ordered under this paragraph does not prohibit the offender from 229 visiting a school, child care facility, park, or playground for 230 the sole purpose of attending a religious service as defined in 231 s. 775.0861 or picking up or dropping off the offender’s 232

Florida Senate - 2021 SB 126 7-00105A-21 2021126__ Page 9 of 9 CODING: Words stricken are deletions; words underlined are additions. children or grandchildren at a child care facility or school. 233 (

b) A prohibition on distributing candy or other items to 234 children on Halloween; wearing a Santa Claus costume, or other 235 costume to appeal to children, on or preceding Christmas; 236 wearing an Easter Bunny costume, or other costume to appeal to 237 children, on or preceding Easter; entertaining at children’s 238 parties; or wearing a clown costume; without prior approval from 239 the court. 240

Section

Section 948.31, Florida Statutes, is amended to 241 read: 242 948.31 Evaluation and treatment of sexual predators and 243 offenders on probation or community control.—The court may 244 require any probationer or community controllee who is required 245 to register as a sexual predator under s. 775.21 or sexual 246 offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo 247 an evaluation, at the probationer or community controllee’s 248 expense, by a qualified practitioner to determine whether such 249 probationer or community controllee needs sexual offender 250 treatment.

If the qualified practitioner determines that sexual 251 offender treatment is needed and recommends treatment, the 252 probationer or community controllee must successfully complete 253 and pay for the treatment. Such treatment must be obtained from 254 a qualified practitioner as defined in s. 948.001. Treatment may 255 not be administered by a qualified practitioner who has been 256 convicted or adjudicated delinquent of committing, or 257 attempting, soliciting, or conspiring to commit, any offense 258 that is listed in s. 943.0435(1)(h)1.a. s. 259 943.0435(1)(h)1.a.(I). 260

Section 8. This act shall take effect upon becoming a law. 261