Bill Text: FL S0312 | 2024 | Regular Session | Comm Sub
Bill Title: Offenses Involving Children
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2024-02-21 - Laid on Table, refer to CS/HB 305 [S0312 Detail]
Download: Florida-2024-S0312-Comm_Sub.html
Florida Senate - 2024 CS for CS for SB 312
By the Committees on Judiciary; and Criminal Justice; and
Senators Collins and Hooper
590-02625-24 2024312c2
1 A bill to be entitled
2 An act relating to offenses involving children;
3 amending s. 90.803, F.S.; increasing the maximum age
4 of a child victim of specified acts whose out-of-court
5 statements may be admissible in certain circumstances;
6 amending s. 775.21, F.S.; providing that a first
7 offense of specified sex trafficking offenses
8 involving minors requires designation of the defendant
9 as a sexual predator; reenacting ss. 16.713(1)(c),
10 39.0139(3)(a), 39.509(6)(b), 39.806(1)(d) and (n),
11 61.13(9)(c), 63.089(4)(b), 63.092(3), 68.07(3)(i) and
12 (6), 92.55(1)(b), 320.02(4), 322.141(3), 322.19(1) and
13 (2), 397.487(10)(b), 455.213(3)(b), 489.553(7), and
14 507.07(9), F.S., relating to the Florida Gaming
15 Control Commission’s appointment and employment
16 restrictions, child visitation or other contact,
17 grandparents’ rights, grounds for termination of
18 parental rights, support of children, proceedings to
19 terminate parental rights pending adoption, report to
20 the court of intended placement by an adoption entity,
21 change of name, special protections in proceedings
22 involving a victim or witness under 18, a person with
23 intellectual disability, or a sexual offense victim,
24 change of address on motor vehicle registration
25 required, color or markings of certain licenses or
26 identification cards, change of address or name on
27 driver license or identification card, voluntary
28 certification of recovery residences, general
29 licensing provisions, administration of part III of
30 ch. 489, F.S., and violations of ch. 507, F.S.,
31 respectively, to incorporate the amendments made to s.
32 775.21, F.S., in references thereto; providing an
33 effective date.
34
35 Be It Enacted by the Legislature of the State of Florida:
36
37 Section 1. Paragraph (a) of subsection (23) of section
38 90.803, Florida Statutes, is amended to read:
39 90.803 Hearsay exceptions; availability of declarant
40 immaterial.—The provision of s. 90.802 to the contrary
41 notwithstanding, the following are not inadmissible as evidence,
42 even though the declarant is available as a witness:
43 (23) HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM.—
44 (a) Unless the source of information or the method or
45 circumstances by which the statement is reported indicates a
46 lack of trustworthiness, an out-of-court statement made by a
47 child victim with a physical, mental, emotional, or
48 developmental age of 17 16 or less describing any act of child
49 abuse or neglect, any act of sexual abuse against a child, the
50 offense of child abuse, the offense of aggravated child abuse,
51 or any offense involving an unlawful sexual act, contact,
52 intrusion, or penetration performed in the presence of, with,
53 by, or on the declarant child, not otherwise admissible, is
54 admissible in evidence in any civil or criminal proceeding if:
55 1. The court finds in a hearing conducted outside the
56 presence of the jury that the time, content, and circumstances
57 of the statement provide sufficient safeguards of reliability.
58 In making its determination, the court may consider the mental
59 and physical age and maturity of the child, the nature and
60 duration of the abuse or offense, the relationship of the child
61 to the offender, the reliability of the assertion, the
62 reliability of the child victim, and any other factor deemed
63 appropriate; and
64 2. The child either:
65 a. Testifies; or
66 b. Is unavailable as a witness, provided that there is
67 other corroborative evidence of the abuse or offense.
68 Unavailability shall include a finding by the court that the
69 child’s participation in the trial or proceeding would result in
70 a substantial likelihood of severe emotional or mental harm, in
71 addition to findings pursuant to s. 90.804(1).
72 Section 2. Paragraph (a) of subsection (4) of section
73 775.21, Florida Statutes, is amended to read:
74 775.21 The Florida Sexual Predators Act.—
75 (4) SEXUAL PREDATOR CRITERIA.—
76 (a) For a current offense committed on or after October 1,
77 1993, upon conviction, an offender shall be designated as a
78 “sexual predator” under subsection (5), and subject to
79 registration under subsection (6) and community and public
80 notification under subsection (7) if:
81 1. The felony is:
82 a. A capital, life, or first degree felony violation, or
83 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
84 is a minor; or s. 787.06(3)(f) or (g), where the victim is a
85 minor;, or s. 794.011, s. 800.04, or s. 847.0145;, or a
86 violation of a similar law of another jurisdiction; or
87 b. Any felony violation, or any attempt thereof, of s.
88 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
89 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
90 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
91 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
92 s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
93 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
94 the court makes a written finding that the racketeering activity
95 involved at least one sexual offense listed in this sub
96 subparagraph or at least one offense listed in this sub
97 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
98 985.701(1); or a violation of a similar law of another
99 jurisdiction, and the offender has previously been convicted of
100 or found to have committed, or has pled nolo contendere or
101 guilty to, regardless of adjudication, any violation of s.
102 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
103 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
104 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
105 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
106 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
107 excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
108 makes a written finding that the racketeering activity involved
109 at least one sexual offense listed in this sub-subparagraph or
110 at least one offense listed in this sub-subparagraph with sexual
111 intent or motive; s. 916.1075(2); or s. 985.701(1); or a
112 violation of a similar law of another jurisdiction;
113 2. The offender has not received a pardon for any felony or
114 similar law of another jurisdiction that is necessary for the
115 operation of this paragraph; and
116 3. A conviction of a felony or similar law of another
117 jurisdiction necessary to the operation of this paragraph has
118 not been set aside in any postconviction proceeding.
119 Section 3. For the purpose of incorporating the amendment
120 made by this act to section 775.21, Florida Statutes, in a
121 reference thereto, paragraph (c) of subsection (1) of section
122 16.713, Florida Statutes, is reenacted to read:
123 16.713 Florida Gaming Control Commission; appointment and
124 employment restrictions.—
125 (1) PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION.
126 The following persons are ineligible for appointment to the
127 commission:
128 (c) A person who has been convicted of or found guilty of
129 or pled nolo contendere to, regardless of adjudication, in any
130 jurisdiction, a crime listed in s. 775.21(4)(a)1. or s. 776.08.
131 Section 4. For the purpose of incorporating the amendment
132 made by this act to section 775.21, Florida Statutes, in a
133 reference thereto, paragraph (a) of subsection (3) of section
134 39.0139, Florida Statutes, is reenacted to read:
135 39.0139 Visitation or other contact; restrictions.—
136 (3) PRESUMPTION OF DETRIMENT.—
137 (a) A rebuttable presumption of detriment to a child is
138 created when:
139 1. A court of competent jurisdiction has found probable
140 cause exists that a parent or caregiver has sexually abused a
141 child as defined in s. 39.01;
142 2. A parent or caregiver has been found guilty of,
143 regardless of adjudication, or has entered a plea of guilty or
144 nolo contendere to, charges under the following statutes or
145 substantially similar statutes of other jurisdictions:
146 a. Section 787.04, relating to removing minors from the
147 state or concealing minors contrary to court order;
148 b. Section 794.011, relating to sexual battery;
149 c. Section 798.02, relating to lewd and lascivious
150 behavior;
151 d. Chapter 800, relating to lewdness and indecent exposure;
152 e. Section 826.04, relating to incest; or
153 f. Chapter 827, relating to the abuse of children; or
154 3. A court of competent jurisdiction has determined a
155 parent or caregiver to be a sexual predator as defined in s.
156 775.21 or a parent or caregiver has received a substantially
157 similar designation under laws of another jurisdiction.
158 Section 5. For the purpose of incorporating the amendment
159 made by this act to section 775.21, Florida Statutes, in a
160 reference thereto, paragraph (b) of subsection (6) of section
161 39.509, Florida Statutes, is reenacted to read:
162 39.509 Grandparents rights.—Notwithstanding any other
163 provision of law, a maternal or paternal grandparent as well as
164 a stepgrandparent is entitled to reasonable visitation with his
165 or her grandchild who has been adjudicated a dependent child and
166 taken from the physical custody of the parent unless the court
167 finds that such visitation is not in the best interest of the
168 child or that such visitation would interfere with the goals of
169 the case plan. Reasonable visitation may be unsupervised and,
170 where appropriate and feasible, may be frequent and continuing.
171 Any order for visitation or other contact must conform to the
172 provisions of s. 39.0139.
173 (6) In determining whether grandparental visitation is not
174 in the child’s best interest, consideration may be given to the
175 following:
176 (b) The designation by a court as a sexual predator as
177 defined in s. 775.21 or a substantially similar designation
178 under laws of another jurisdiction.
179 Section 6. For the purpose of incorporating the amendment
180 made by this act to section 775.21, Florida Statutes, in
181 references thereto, paragraphs (d) and (n) of subsection (1) of
182 section 39.806, Florida Statutes, are reenacted to read:
183 39.806 Grounds for termination of parental rights.—
184 (1) Grounds for the termination of parental rights may be
185 established under any of the following circumstances:
186 (d) When the parent of a child is incarcerated and either:
187 1. The period of time for which the parent is expected to
188 be incarcerated will constitute a significant portion of the
189 child’s minority. When determining whether the period of time is
190 significant, the court shall consider the child’s age and the
191 child’s need for a permanent and stable home. The period of time
192 begins on the date that the parent enters into incarceration;
193 2. The incarcerated parent has been determined by the court
194 to be a violent career criminal as defined in s. 775.084, a
195 habitual violent felony offender as defined in s. 775.084, or a
196 sexual predator as defined in s. 775.21; has been convicted of
197 first degree or second degree murder in violation of s. 782.04
198 or a sexual battery that constitutes a capital, life, or first
199 degree felony violation of s. 794.011; or has been convicted of
200 an offense in another jurisdiction which is substantially
201 similar to one of the offenses listed in this paragraph. As used
202 in this section, the term “substantially similar offense” means
203 any offense that is substantially similar in elements and
204 penalties to one of those listed in this subparagraph, and that
205 is in violation of a law of any other jurisdiction, whether that
206 of another state, the District of Columbia, the United States or
207 any possession or territory thereof, or any foreign
208 jurisdiction; or
209 3. The court determines by clear and convincing evidence
210 that continuing the parental relationship with the incarcerated
211 parent would be harmful to the child and, for this reason, that
212 termination of the parental rights of the incarcerated parent is
213 in the best interest of the child. When determining harm, the
214 court shall consider the following factors:
215 a. The age of the child.
216 b. The relationship between the child and the parent.
217 c. The nature of the parent’s current and past provision
218 for the child’s developmental, cognitive, psychological, and
219 physical needs.
220 d. The parent’s history of criminal behavior, which may
221 include the frequency of incarceration and the unavailability of
222 the parent to the child due to incarceration.
223 e. Any other factor the court deems relevant.
224 (n) The parent is convicted of an offense that requires the
225 parent to register as a sexual predator under s. 775.21.
226 Section 7. For the purpose of incorporating the amendment
227 made by this act to section 775.21, Florida Statutes, in a
228 reference thereto, paragraph (c) of subsection (9) of section
229 61.13, Florida Statutes, is reenacted to read:
230 61.13 Support of children; parenting and time-sharing;
231 powers of court.—
232 (9)
233 (c) A court may not order visitation at a recovery
234 residence if any resident of the recovery residence is currently
235 required to register as a sexual predator under s. 775.21 or as
236 a sexual offender under s. 943.0435.
237 Section 8. For the purpose of incorporating the amendment
238 made by this act to section 775.21, Florida Statutes, in a
239 reference thereto, paragraph (b) of subsection (4) of section
240 63.089, Florida Statutes, is reenacted to read:
241 63.089 Proceeding to terminate parental rights pending
242 adoption; hearing; grounds; dismissal of petition; judgment.—
243 (4) FINDING OF ABANDONMENT.—A finding of abandonment
244 resulting in a termination of parental rights must be based upon
245 clear and convincing evidence that a parent or person having
246 legal custody has abandoned the child in accordance with the
247 definition contained in s. 63.032. A finding of abandonment may
248 also be based upon emotional abuse or a refusal to provide
249 reasonable financial support, when able, to a birth mother
250 during her pregnancy or on whether the person alleged to have
251 abandoned the child, while being able, failed to establish
252 contact with the child or accept responsibility for the child’s
253 welfare.
254 (b) The child has been abandoned when the parent of a child
255 is incarcerated on or after October 1, 2001, in a federal,
256 state, or county correctional institution and:
257 1. The period of time for which the parent has been or is
258 expected to be incarcerated will constitute a significant
259 portion of the child’s minority. In determining whether the
260 period of time is significant, the court shall consider the
261 child’s age and the child’s need for a permanent and stable
262 home. The period of time begins on the date that the parent
263 enters into incarceration;
264 2. The incarcerated parent has been determined by a court
265 of competent jurisdiction to be a violent career criminal as
266 defined in s. 775.084, a habitual violent felony offender as
267 defined in s. 775.084, convicted of child abuse as defined in s.
268 827.03, or a sexual predator as defined in s. 775.21; has been
269 convicted of first degree or second degree murder in violation
270 of s. 782.04 or a sexual battery that constitutes a capital,
271 life, or first degree felony violation of s. 794.011; or has
272 been convicted of a substantially similar offense in another
273 jurisdiction. As used in this section, the term “substantially
274 similar offense” means any offense that is substantially similar
275 in elements and penalties to one of those listed in this
276 subparagraph, and that is in violation of a law of any other
277 jurisdiction, whether that of another state, the District of
278 Columbia, the United States or any possession or territory
279 thereof, or any foreign jurisdiction; or
280 3. The court determines by clear and convincing evidence
281 that continuing the parental relationship with the incarcerated
282 parent would be harmful to the child and, for this reason,
283 termination of the parental rights of the incarcerated parent is
284 in the best interests of the child.
285 Section 9. For the purpose of incorporating the amendment
286 made by this act to section 775.21, Florida Statutes, in a
287 reference thereto, subsection (3) of section 63.092, Florida
288 Statutes, is reenacted to read:
289 63.092 Report to the court of intended placement by an
290 adoption entity; at-risk placement; preliminary study.—
291 (3) PRELIMINARY HOME STUDY.—Before placing the minor in the
292 intended adoptive home, a preliminary home study must be
293 performed by a licensed child-placing agency, a child-caring
294 agency registered under s. 409.176, a licensed professional, or
295 an agency described in s. 61.20(2), unless the adoptee is an
296 adult or the petitioner is a stepparent or a relative. If the
297 adoptee is an adult or the petitioner is a stepparent or a
298 relative, a preliminary home study may be required by the court
299 for good cause shown. The department is required to perform the
300 preliminary home study only if there is no licensed child
301 placing agency, child-caring agency registered under s. 409.176,
302 licensed professional, or agency described in s. 61.20(2), in
303 the county where the prospective adoptive parents reside. The
304 preliminary home study must be made to determine the suitability
305 of the intended adoptive parents and may be completed before
306 identification of a prospective adoptive minor. If the
307 identified prospective adoptive minor is in the custody of the
308 department, a preliminary home study must be completed within 30
309 days after it is initiated. A favorable preliminary home study
310 is valid for 1 year after the date of its completion. Upon its
311 completion, a signed copy of the home study must be provided to
312 the intended adoptive parents who were the subject of the home
313 study. A minor may not be placed in an intended adoptive home
314 before a favorable preliminary home study is completed unless
315 the adoptive home is also a licensed foster home under s.
316 409.175. The preliminary home study must include, at a minimum:
317 (a) An interview with the intended adoptive parents.
318 (b) Records checks of the department’s central abuse
319 registry, which the department shall provide to the entity
320 conducting the preliminary home study, and criminal records
321 correspondence checks under s. 39.0138 through the Department of
322 Law Enforcement on the intended adoptive parents.
323 (c) An assessment of the physical environment of the home.
324 (d) A determination of the financial security of the
325 intended adoptive parents.
326 (e) Documentation of counseling and education of the
327 intended adoptive parents on adoptive parenting, as determined
328 by the entity conducting the preliminary home study. The
329 training specified in s. 409.175(14) shall only be required for
330 persons who adopt children from the department.
331 (f) Documentation that information on adoption and the
332 adoption process has been provided to the intended adoptive
333 parents.
334 (g) Documentation that information on support services
335 available in the community has been provided to the intended
336 adoptive parents.
337 (h) A copy of each signed acknowledgment of receipt of
338 disclosure required by s. 63.085.
339
340 If the preliminary home study is favorable, a minor may be
341 placed in the home pending entry of the judgment of adoption. A
342 minor may not be placed in the home if the preliminary home
343 study is unfavorable. If the preliminary home study is
344 unfavorable, the adoption entity may, within 20 days after
345 receipt of a copy of the written recommendation, petition the
346 court to determine the suitability of the intended adoptive
347 home. A determination as to suitability under this subsection
348 does not act as a presumption of suitability at the final
349 hearing. In determining the suitability of the intended adoptive
350 home, the court must consider the totality of the circumstances
351 in the home. A minor may not be placed in a home in which there
352 resides any person determined by the court to be a sexual
353 predator as defined in s. 775.21 or to have been convicted of an
354 offense listed in s. 63.089(4)(b)2.
355 Section 10. For the purpose of incorporating the amendment
356 made by this act to section 775.21, Florida Statutes, in
357 references thereto, paragraph (i) of subsection (3) and
358 subsection (6) of section 68.07, Florida Statutes, are reenacted
359 to read:
360 68.07 Change of name.—
361 (3) Each petition shall be verified and show:
362 (i) Whether the petitioner has ever been required to
363 register as a sexual predator under s. 775.21 or as a sexual
364 offender under s. 943.0435.
365 (6) The clerk of the court must, within 5 business days
366 after the filing of the final judgment, send a report of the
367 judgment to the Department of Law Enforcement on a form to be
368 furnished by that department. If the petitioner is required to
369 register as a sexual predator or a sexual offender pursuant to
370 s. 775.21 or s. 943.0435, the clerk of court shall
371 electronically notify the Department of Law Enforcement of the
372 name change, in a manner prescribed by that department, within 2
373 business days after the filing of the final judgment. The
374 Department of Law Enforcement must send a copy of the report to
375 the Department of Highway Safety and Motor Vehicles, which may
376 be delivered by electronic transmission. The report must contain
377 sufficient information to identify the petitioner, including the
378 results of the criminal history records check if applicable, the
379 new name of the petitioner, and the file number of the judgment.
380 The Department of Highway Safety and Motor Vehicles shall
381 monitor the records of any sexual predator or sexual offender
382 whose name has been provided to it by the Department of Law
383 Enforcement. If the sexual predator or sexual offender does not
384 obtain a replacement driver license or identification card
385 within the required time as specified in s. 775.21 or s.
386 943.0435, the Department of Highway Safety and Motor Vehicles
387 shall notify the Department of Law Enforcement. The Department
388 of Law Enforcement shall notify applicable law enforcement
389 agencies of the predator’s or offender’s failure to comply with
390 registration requirements. Any information retained by the
391 Department of Law Enforcement and the Department of Highway
392 Safety and Motor Vehicles may be revised or supplemented by said
393 departments to reflect changes made by the final judgment. With
394 respect to a person convicted of a felony in another state or of
395 a federal offense, the Department of Law Enforcement must send
396 the report to the respective state’s office of law enforcement
397 records or to the office of the Federal Bureau of Investigation.
398 The Department of Law Enforcement may forward the report to any
399 other law enforcement agency it believes may retain information
400 related to the petitioner.
401 Section 11. For the purpose of incorporating the amendment
402 made by this act to section 775.21, Florida Statutes, in a
403 reference thereto, paragraph (b) of subsection (1) of section
404 92.55, Florida Statutes, is reenacted to read:
405 92.55 Special protections in proceedings involving victim
406 or witness under 18, person with intellectual disability, or
407 sexual offense victim.—
408 (1) For purposes of this section, the term:
409 (b) “Sexual offense” means any offense specified in s.
410 775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I).
411 Section 12. For the purpose of incorporating the amendment
412 made by this act to section 775.21, Florida Statutes, in a
413 reference thereto, subsection (4) of section 320.02, Florida
414 Statutes, is reenacted to read:
415 320.02 Registration required; application for registration;
416 forms.—
417 (4) Except as provided in ss. 775.21, 775.261, 943.0435,
418 944.607, and 985.4815, the owner of any motor vehicle registered
419 in the state shall notify the department in writing of any
420 change of address within 30 days of such change. The
421 notification shall include the registration license plate
422 number, the vehicle identification number (VIN) or title
423 certificate number, year of vehicle make, and the owner’s full
424 name.
425 Section 13. For the purpose of incorporating the amendment
426 made by this act to section 775.21, Florida Statutes, in
427 references thereto, subsection (3) of section 322.141, Florida
428 Statutes, is reenacted to read:
429 322.141 Color or markings of certain licenses or
430 identification cards.—
431 (3) All licenses for the operation of motor vehicles or
432 identification cards originally issued or reissued by the
433 department to persons who are designated as sexual predators
434 under s. 775.21 or subject to registration as sexual offenders
435 under s. 943.0435 or s. 944.607, or who have a similar
436 designation or are subject to a similar registration under the
437 laws of another jurisdiction, shall have on the front of the
438 license or identification card the following:
439 (a) For a person designated as a sexual predator under s.
440 775.21 or who has a similar designation under the laws of
441 another jurisdiction, the marking “SEXUAL PREDATOR.”
442 (b) For a person subject to registration as a sexual
443 offender under s. 943.0435 or s. 944.607, or subject to a
444 similar registration under the laws of another jurisdiction, the
445 marking “943.0435, F.S.”
446 Section 14. For the purpose of incorporating the amendment
447 made by this act to section 775.21, Florida Statutes, in
448 references thereto, subsections (1) and (2) of section 322.19,
449 Florida Statutes, are reenacted to read:
450 322.19 Change of address or name.—
451 (1) Except as provided in ss. 775.21, 775.261, 943.0435,
452 944.607, and 985.4815, whenever any person, after applying for
453 or receiving a driver license or identification card, changes
454 his or her legal name, that person must within 30 days
455 thereafter obtain a replacement license or card that reflects
456 the change.
457 (2) If a person, after applying for or receiving a driver
458 license or identification card, changes the legal residence or
459 mailing address in the application, license, or card, the person
460 must, within 30 calendar days after making the change, obtain a
461 replacement license or card that reflects the change. A written
462 request to the department must include the old and new addresses
463 and the driver license or identification card number. Any person
464 who has a valid, current student identification card issued by
465 an educational institution in this state is presumed not to have
466 changed his or her legal residence or mailing address. This
467 subsection does not affect any person required to register a
468 permanent or temporary address change pursuant to s. 775.13, s.
469 775.21, s. 775.25, or s. 943.0435.
470 Section 15. For the purpose of incorporating the amendment
471 made by this act to section 775.21, Florida Statutes, in a
472 reference thereto, paragraph (b) of subsection (10) of section
473 397.487, Florida Statutes, is reenacted to read:
474 397.487 Voluntary certification of recovery residences.—
475 (10)
476 (b) A certified recovery residence may not allow a minor
477 child to visit a parent who is a resident of the recovery
478 residence at any time if any resident of the recovery residence
479 is currently required to register as a sexual predator under s.
480 775.21 or as a sexual offender under s. 943.0435.
481 Section 16. For the purpose of incorporating the amendment
482 made by this act to section 775.21, Florida Statutes, in a
483 reference thereto, paragraph (b) of subsection (3) of section
484 455.213, Florida Statutes, is reenacted to read:
485 455.213 General licensing provisions.—
486 (3)
487 (b)1. A conviction, or any other adjudication, for a crime
488 more than 5 years before the date the application is received by
489 the applicable board may not be grounds for denial of a license
490 specified in paragraph (a). For purposes of this paragraph, the
491 term “conviction” means a determination of guilt that is the
492 result of a plea or trial, regardless of whether adjudication is
493 withheld. This paragraph does not limit the applicable board
494 from considering an applicant’s criminal history that includes a
495 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
496 only if such criminal history has been found to relate to the
497 practice of the applicable profession.
498 2. The applicable board may consider the criminal history
499 of an applicant for licensure under subparagraph (a)3. if such
500 criminal history has been found to relate to good moral
501 character.
502 Section 17. For the purpose of incorporating the amendment
503 made by this act to section 775.21, Florida Statutes, in a
504 reference thereto, subsection (7) of section 489.553, Florida
505 Statutes, is reenacted to read:
506 489.553 Administration of part; registration
507 qualifications; examination.—
508 (7) Notwithstanding any other law, a conviction, or any
509 other adjudication, for a crime more than 5 years before the
510 date the application is received by the department or other
511 applicable authority may not be grounds for denial of
512 registration. For purposes of this subsection, the term
513 “conviction” means a determination of guilt that is the result
514 of a plea or trial, regardless of whether adjudication is
515 withheld. This subsection does not limit a board from
516 considering an applicant’s criminal history that includes any
517 crime listed in s. 775.21(4)(a)1. or s. 776.08 at any time, but
518 only if such criminal history has been found to relate to the
519 practice of the applicable profession, or any crime if it has
520 been found to relate to good moral character.
521 Section 18. For the purpose of incorporating the amendment
522 made by this act to section 775.21, Florida Statutes, in a
523 reference thereto, subsection (9) of section 507.07, Florida
524 Statutes, is reenacted to read:
525 507.07 Violations.—It is a violation of this chapter:
526 (9) For a mover or a moving broker to knowingly refuse or
527 fail to disclose in writing to a customer before a household
528 move that the mover, or an employee or subcontractor of the
529 mover or moving broker, who has access to the dwelling or
530 property of the customer, including access to give a quote for
531 the move, has been convicted of a felony listed in s.
532 775.21(4)(a)1. or convicted of a similar offense of another
533 jurisdiction, regardless of when such felony offense was
534 committed.
535 Section 19. This act shall take effect July 1, 2024.
