Bill Text: FL S1314 | 2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sexually Violent Predators [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Policy & Steering Committee on Ways and Means, companion bill(s) passed, see CS/CS/HB 119 (Ch. 2010-92) [S1314 Detail]

Download: Florida-2010-S1314-Introduced.html

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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. 
18 
19  Be It Enacted by the Legislature of the State of Florida: 
20 
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.