Florida Senate - 2021 CS for CS for SB 1826 By the Committees on Rules; and Criminal Justice; and Senator Diaz 595-03837-21 20211826c2 1 A bill to be entitled 2 An act relating to human trafficking; creating s. 3 90.5034, F.S.; defining terms; providing the 4 circumstances under which certain communications are 5 confidential; creating a human trafficking victim 6 advocate-victim privilege; specifying who may claim 7 such privilege; providing training requirements for 8 human trafficking victim advocates and trained 9 volunteers; amending s. 787.06, F.S.; revising the 10 definitions of the terms “human trafficking” and 11 “obtain”; prohibiting a person from engaging in 12 specified criminal acts relating to human trafficking 13 with an adult believed to be a child younger than 18 14 years of age; providing criminal penalties; 15 encouraging each state attorney to adopt a pro 16 prosecution policy for acts of human trafficking; 17 amending s. 948.30, F.S.; requiring a court to impose 18 specified conditions on probationers or community 19 controllees who are placed under supervision for 20 committing a specified human trafficking offense on or 21 after a certain date; requiring a court to impose 22 specified conditions on probationers or community 23 controllees who are placed on community control or sex 24 offender probation for committing a specified human 25 trafficking offense on or after a certain date; 26 reenacting ss. 39.01305(3), 464.013(3)(c), 27 775.21(4)(a), 943.0435(1)(h), 943.0583(1)(a), and 28 944.606(1)(f), F.S., relating to appointment of an 29 attorney for a dependent child with certain special 30 needs, renewal of license or certificate, the Florida 31 Sexual Predators Act, sexual offenders required to 32 register with the department and penalties, human 33 trafficking victim expunction, and sexual offenders 34 and notification upon release, respectively, to 35 incorporate the amendment made to s. 787.06, F.S., in 36 references thereto; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 90.5034, Florida Statutes, is created to 41 read: 42 90.5034 Human trafficking victim advocate-victim 43 privilege.— 44 (1) For purposes of this section: 45 (a) “Anti-human trafficking organization” means a 46 registered public or private agency that offers assistance to 47 victims of the offense of human trafficking, as defined in s. 48 787.06. 49 (b) “Human trafficking victim” means a person who consults 50 a human trafficking victim advocate or a trained volunteer for 51 the purpose of securing advice, counseling, or services 52 concerning a need arising from an experience of human 53 trafficking exploitation. 54 (c) “Human trafficking victim advocate” means an employee 55 of an anti-human trafficking organization whose primary purpose 56 is to provide advice, counseling, or services to human 57 trafficking victims and who complies with the training 58 requirements under subsection (5). 59 (d) “Trained volunteer” means a person who volunteers with 60 an anti-human trafficking organization and who complies with the 61 training requirements under subsection (5). 62 (2) A communication between a human trafficking victim 63 advocate or trained volunteer and a human trafficking victim is 64 confidential if it is not intended to be disclosed to third 65 persons other than: 66 (a) Those persons present to further the interest of the 67 human trafficking victim in the consultation, examination, or 68 interview. 69 (b) Those persons necessary for the transmission of the 70 communication. 71 (c) Those persons to whom disclosure is reasonably 72 necessary to accomplish the purposes for which the human 73 trafficking victim advocate or trained volunteer is consulted. 74 (3) A human trafficking victim has a privilege to refuse to 75 disclose, and to prevent any other person from disclosing, a 76 confidential communication made by the human trafficking victim 77 to a human trafficking victim advocate or trained volunteer or a 78 record made in the course of advising, counseling, or providing 79 services to the human trafficking victim. Such confidential 80 communication or record may be disclosed only with the prior 81 written consent of the human trafficking victim. This privilege 82 includes any advice given by the human trafficking victim 83 advocate or trained volunteer to the human trafficking victim in 84 the course of that relationship. 85 (4) The privilege may be claimed by: 86 (a) The human trafficking victim or the human trafficking 87 victim’s attorney on his or her behalf. 88 (b) The guardian or conservator of the human trafficking 89 victim. 90 (c) The personal representative of a deceased human 91 trafficking victim. 92 (d) The human trafficking victim advocate or trained 93 volunteer, but only on behalf of the human trafficking victim. 94 The authority of a human trafficking victim advocate or trained 95 volunteer to claim the privilege is presumed in the absence of 96 evidence to the contrary. 97 (5) A human trafficking victim advocate or a trained 98 volunteer shall: 99 (a) Complete 24 hours of human trafficking training 100 delivered by the Office of the Attorney General, the Bureau of 101 Criminal Justice Programs and Victim Services, and the Florida 102 Crime Prevention Training Institute. 103 (b) Within 3 years after completing the training required 104 under paragraph (a), complete an 8-hour human trafficking update 105 course. 106 Section 2. Paragraphs (d) and (g) of subsection (2) and 107 paragraphs (a), (c), (e), (f), and (g) of subsection (3) of 108 section 787.06, Florida Statutes, are amended, and subsection 109 (12) is added to that section, to read: 110 787.06 Human trafficking.— 111 (2) As used in this section, the term: 112 (d) “Human trafficking” means transporting, soliciting, 113 recruiting, harboring, providing, enticing, maintaining, 114 purchasing, patronizing, procuring, or obtaining another person 115 for the purpose of exploitation of that person. 116 (g) “Obtain” means, in relation to labor, commercial sexual 117 activity, or services, to receive, take possession of, or take 118 custody of another person or secure performance thereof. 119 (3) Any person who knowingly, or in reckless disregard of 120 the facts, engages in human trafficking, or attempts to engage 121 in human trafficking, or benefits financially by receiving 122 anything of value from participation in a venture that has 123 subjected a person to human trafficking: 124 (a)1. For labor or services of any child younger than 18 125 years ofundertheage or an adult believed by the person to be 126 a child younger thanof18 years of age commits a felony of the 127 first degree, punishable as provided in s. 775.082, s. 775.083, 128 or s. 775.084. 129 2. Using coercion for labor or services of an adult commits 130 a felony of the first degree, punishable as provided in s. 131 775.082, s. 775.083, or s. 775.084. 132 (c)1. For labor or services of any child younger than 18 133 years ofundertheage or an adult believed by the person to be 134 a child younger thanof18 years of age who is an unauthorized 135 alien commits a felony of the first degree, punishable as 136 provided in s. 775.082, s. 775.083, or s. 775.084. 137 2. Using coercion for labor or services of an adult who is 138 an unauthorized alien commits a felony of the first degree, 139 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 140 (e)1. For labor or services who does so by the transfer or 141 transport of any child younger than 18 years ofundertheage or 142 an adult believed by the person to be a child younger thanof18 143 years of age from outside this state to within thisthestate 144 commits a felony of the first degree, punishable as provided in 145 s. 775.082, s. 775.083, or s. 775.084. 146 2. Using coercion for labor or services who does so by the 147 transfer or transport of an adult from outside this state to 148 within thisthestate commits a felony of the first degree, 149 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 150 (f)1. For commercial sexual activity who does so by the 151 transfer or transport of any child younger than 18 years of 152undertheage or an adult believed by the person to be a child 153 younger thanof18 years of age from outside this state to 154 within thisthestate commits a felony of the first degree, 155 punishable by imprisonment for a term of years not exceeding 156 life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 157 2. Using coercion for commercial sexual activity who does 158 so by the transfer or transport of an adult from outside this 159 state to within thisthestate commits a felony of the first 160 degree, punishable as provided in s. 775.082, s. 775.083, or s. 161 775.084. 162 (g) For commercial sexual activity in which any child 163 younger than 18 years ofundertheage or an adult believed by 164 the person to be a child younger thanof18 years of age, or in 165 which any person who is mentally defective or mentally 166 incapacitated as those terms are defined in s. 794.011(1), is 167 involved commits a life felony, punishable as provided in s. 168 775.082(3)(a)6., s. 775.083, or s. 775.084. 169 170 For each instance of human trafficking of any individual under 171 this subsection, a separate crime is committed and a separate 172 punishment is authorized. 173 (12) The Legislature encourages each state attorney to 174 adopt a pro-prosecution policy for human trafficking offenses, 175 as provided in this section. After consulting the victim, or 176 making a good faith attempt to consult the victim, the state 177 attorney shall determine the filing, nonfiling, or diversion of 178 criminal charges even in circumstances where there is no 179 cooperation from a victim or over the objection of the victim, 180 if necessary. 181 Section 3. Subsections (1) and (2) of section 948.30, 182 Florida Statutes, are amended to read: 183 948.30 Additional terms and conditions of probation or 184 community control for certain sex offenses.—Conditions imposed 185 pursuant to this section do not require oral pronouncement at 186 the time of sentencing and shall be considered standard 187 conditions of probation or community control for offenders 188 specified in this section. 189 (1) Effective for probationers or community controllees 190 whose crime was committed on or after October 1, 1995, and who 191 are placed under supervision for a violation of chapter 794, s. 192 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145, or whose 193 crime was committed on or after July 1, 2021, and who are placed 194 under supervision for a violation of s. 787.06(3)(b), (d), (f), 195 or (g), the court must impose the following conditions in 196 addition to all other standard and special conditions imposed: 197 (a) A mandatory curfew from 10 p.m. to 6 a.m. The court may 198 designate another 8-hour period if the offender’s employment 199 precludes the above specified time, and the alternative is 200 recommended by the Department of Corrections. If the court 201 determines that imposing a curfew would endanger the victim, the 202 court may consider alternative sanctions. 203 (b) If the victim was under the age of 18, a prohibition on 204 living within 1,000 feet of a school, child care facility, park, 205 playground, or other place where children regularly congregate, 206 as prescribed by the court. The 1,000-foot distance shall be 207 measured in a straight line from the offender’s place of 208 residence to the nearest boundary line of the school, child care 209 facility, park, playground, or other place where children 210 congregate. The distance may not be measured by a pedestrian 211 route or automobile route. A probationer or community controllee 212 who is subject to this paragraph may not be forced to relocate 213 and does not violate his or her probation or community control 214 if he or she is living in a residence that meets the 215 requirements of this paragraph and a school, child care 216 facility, park, playground, or other place where children 217 regularly congregate is subsequently established within 1,000 218 feet of his or her residence. 219 (c) Active participation in and successful completion of a 220 sex offender treatment program with qualified practitioners 221 specifically trained to treat sex offenders, at the 222 probationer’s or community controllee’s own expense. If a 223 qualified practitioner is not available within a 50-mile radius 224 of the probationer’s or community controllee’s residence, the 225 offender shall participate in other appropriate therapy. 226 (d) A prohibition on any contact with the victim, directly 227 or indirectly, including through a third person, unless approved 228 by the victim, a qualified practitioner in the sexual offender 229 treatment program, and the sentencing court. 230 (e) If the victim was under the age of 18, a prohibition on 231 contact with a child under the age of 18 except as provided in 232 this paragraph. The court may approve supervised contact with a 233 child under the age of 18 if the approval is based upon a 234 recommendation for contact issued by a qualified practitioner 235 who is basing the recommendation on a risk assessment. Further, 236 the sex offender must be currently enrolled in or have 237 successfully completed a sex offender therapy program. The court 238 may not grant supervised contact with a child if the contact is 239 not recommended by a qualified practitioner and may deny 240 supervised contact with a child at any time. When considering 241 whether to approve supervised contact with a child, the court 242 must review and consider the following: 243 1. A risk assessment completed by a qualified practitioner. 244 The qualified practitioner must prepare a written report that 245 must include the findings of the assessment and address each of 246 the following components: 247 a. The sex offender’s current legal status; 248 b. The sex offender’s history of adult charges with 249 apparent sexual motivation; 250 c. The sex offender’s history of adult charges without 251 apparent sexual motivation; 252 d. The sex offender’s history of juvenile charges, whenever 253 available; 254 e. The sex offender’s offender treatment history, including 255 consultations with the sex offender’s treating, or most recent 256 treating, therapist; 257 f. The sex offender’s current mental status; 258 g. The sex offender’s mental health and substance abuse 259 treatment history as provided by the Department of Corrections; 260 h. The sex offender’s personal, social, educational, and 261 work history; 262 i. The results of current psychological testing of the sex 263 offender if determined necessary by the qualified practitioner; 264 j. A description of the proposed contact, including the 265 location, frequency, duration, and supervisory arrangement; 266 k. The child’s preference and relative comfort level with 267 the proposed contact, when age appropriate; 268 l. The parent’s or legal guardian’s preference regarding 269 the proposed contact; and 270 m. The qualified practitioner’s opinion, along with the 271 basis for that opinion, as to whether the proposed contact would 272 likely pose significant risk of emotional or physical harm to 273 the child. 274 275 The written report of the assessment must be given to the court; 276 2. A recommendation made as a part of the risk assessment 277 report as to whether supervised contact with the child should be 278 approved; 279 3. A written consent signed by the child’s parent or legal 280 guardian, if the parent or legal guardian is not the sex 281 offender, agreeing to the sex offender having supervised contact 282 with the child after receiving full disclosure of the sex 283 offender’s present legal status, past criminal history, and the 284 results of the risk assessment. The court may not approve 285 contact with the child if the parent or legal guardian refuses 286 to give written consent for supervised contact; 287 4. A safety plan prepared by the qualified practitioner, 288 who provides treatment to the offender, in collaboration with 289 the sex offender, the child’s parent or legal guardian, if the 290 parent or legal guardian is not the sex offender, and the child, 291 when age appropriate, which details the acceptable conditions of 292 contact between the sex offender and the child. The safety plan 293 must be reviewed and approved by the court; and 294 5. Evidence that the child’s parent or legal guardian 295 understands the need for and agrees to the safety plan and has 296 agreed to provide, or to designate another adult to provide, 297 constant supervision any time the child is in contact with the 298 offender. 299 300 The court may not appoint a person to conduct a risk assessment 301 and may not accept a risk assessment from a person who has not 302 demonstrated to the court that he or she has met the 303 requirements of a qualified practitioner as defined in this 304 section. 305 (f) If the victim was under age 18, a prohibition on 306 working for pay or as a volunteer at any place where children 307 regularly congregate, including, but not limited to, schools, 308 child care facilities, parks, playgrounds, pet stores, 309 libraries, zoos, theme parks, and malls. 310 (g) Unless otherwise indicated in the treatment plan 311 provided by a qualified practitioner in the sexual offender 312 treatment program, a prohibition on viewing, accessing, owning, 313 or possessing any obscene, pornographic, or sexually stimulating 314 visual or auditory material, including telephone, electronic 315 media, computer programs, or computer services that are relevant 316 to the offender’s deviant behavior pattern. 317 (h) Effective for probationers and community controllees 318 whose crime is committed on or after July 1, 2005, a prohibition 319 on accessing the Internet or other computer services until a 320 qualified practitioner in the offender’s sex offender treatment 321 program, after a risk assessment is completed, approves and 322 implements a safety plan for the offender’s accessing or using 323 the Internet or other computer services. 324 (i) A requirement that the probationer or community 325 controllee must submit a specimen of blood or other approved 326 biological specimen to the Department of Law Enforcement to be 327 registered with the DNA data bank. 328 (j) A requirement that the probationer or community 329 controllee make restitution to the victim, as ordered by the 330 court under s. 775.089, for all necessary medical and related 331 professional services relating to physical, psychiatric, and 332 psychological care. 333 (k) Submission to a warrantless search by the community 334 control or probation officer of the probationer’s or community 335 controllee’s person, residence, or vehicle. 336 (2) Effective for a probationer or community controllee 337 whose crime was committed on or after October 1, 1997, and who 338 is placed on community control or sex offender probation for a 339 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5), 340 or s. 847.0145, or whose crime was committed on or after July 1, 341 2021, and who is placed on community control or sex offender 342 probation for a violation of s. 787.06(3)(b), (d), (f), or (g), 343 in addition to any other provision of this section, the court 344 must impose the following conditions of probation or community 345 control: 346 (a) As part of a treatment program, participation at least 347 annually in polygraph examinations to obtain information 348 necessary for risk management and treatment and to reduce the 349 sex offender’s denial mechanisms. A polygraph examination must 350 be conducted by a polygrapher who is a member of a national or 351 state polygraph association and who is certified as a 352 postconviction sex offender polygrapher, where available, and 353 shall be paid for by the probationer or community controllee. 354 The results of the polygraph examination shall be provided to 355 the probationer’s or community controllee’s probation officer 356 and qualified practitioner and shall not be used as evidence in 357 court to prove that a violation of community supervision has 358 occurred. 359 (b) Maintenance of a driving log and a prohibition against 360 driving a motor vehicle alone without the prior approval of the 361 supervising officer. 362 (c) A prohibition against obtaining or using a post office 363 box without the prior approval of the supervising officer. 364 (d) If there was sexual contact, a submission to, at the 365 probationer’s or community controllee’s expense, an HIV test 366 with the results to be released to the victim or the victim’s 367 parent or guardian. 368 (e) Electronic monitoring when deemed necessary by the 369 community control or probation officer and his or her 370 supervisor, and ordered by the court at the recommendation of 371 the Department of Corrections. 372 Section 4. For the purpose of incorporating the amendment 373 made by this act to section 787.06, Florida Statutes, in a 374 reference thereto, subsection (3) of section 39.01305, Florida 375 Statutes, is reenacted to read: 376 39.01305 Appointment of an attorney for a dependent child 377 with certain special needs.— 378 (3) An attorney shall be appointed for a dependent child 379 who: 380 (a) Resides in a skilled nursing facility or is being 381 considered for placement in a skilled nursing home; 382 (b) Is prescribed a psychotropic medication but declines 383 assent to the psychotropic medication; 384 (c) Has a diagnosis of a developmental disability as 385 defined in s. 393.063; 386 (d) Is being placed in a residential treatment center or 387 being considered for placement in a residential treatment 388 center; or 389 (e) Is a victim of human trafficking as defined in s. 390 787.06(2)(d). 391 Section 5. For the purpose of incorporating the amendment 392 made by this act to section 787.06, Florida Statutes, in a 393 reference thereto, paragraph (c) of subsection (3) of section 394 464.013, Florida Statutes, is reenacted to read: 395 464.013 Renewal of license or certificate.— 396 (3) The board shall by rule prescribe up to 30 hours of 397 continuing education biennially as a condition for renewal of a 398 license or certificate. 399 (c) Notwithstanding the exemption in paragraph (a), as part 400 of the maximum biennial continuing education hours required 401 under this subsection, the board shall require each person 402 licensed or certified under this chapter to complete a 2-hour 403 continuing education course on human trafficking, as defined in 404 s. 787.06(2). The continuing education course must consist of 405 data and information on the types of human trafficking, such as 406 labor and sex, and the extent of human trafficking; factors that 407 place a person at greater risk of being a victim of human 408 trafficking; public and private social services available for 409 rescue, food, clothing, and shelter referrals; hotlines for 410 reporting human trafficking which are maintained by the National 411 Human Trafficking Resource Center and the United States 412 Department of Homeland Security; validated assessment tools for 413 identifying a human trafficking victim and general indicators 414 that a person may be a victim of human trafficking; procedures 415 for sharing information related to human trafficking with a 416 patient; and referral options for legal and social services. All 417 licensees must complete this course for every biennial licensure 418 renewal on or after January 1, 2019. 419 Section 6. For the purpose of incorporating the amendment 420 made by this act to section 787.06, Florida Statutes, in a 421 reference thereto, paragraph (a) of subsection (4) of section 422 775.21, Florida Statutes, is reenacted to read: 423 775.21 The Florida Sexual Predators Act.— 424 (4) SEXUAL PREDATOR CRITERIA.— 425 (a) For a current offense committed on or after October 1, 426 1993, upon conviction, an offender shall be designated as a 427 “sexual predator” under subsection (5), and subject to 428 registration under subsection (6) and community and public 429 notification under subsection (7) if: 430 1. The felony is: 431 a. A capital, life, or first degree felony violation, or 432 any attempt thereof, of s. 787.01 or s. 787.02, where the victim 433 is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a 434 violation of a similar law of another jurisdiction; or 435 b. Any felony violation, or any attempt thereof, of s. 436 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 437 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 438 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 439 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 440 s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 441 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if 442 the court makes a written finding that the racketeering activity 443 involved at least one sexual offense listed in this sub 444 subparagraph or at least one offense listed in this sub 445 subparagraph with sexual intent or motive; s. 916.1075(2); or s. 446 985.701(1); or a violation of a similar law of another 447 jurisdiction, and the offender has previously been convicted of 448 or found to have committed, or has pled nolo contendere or 449 guilty to, regardless of adjudication, any violation of s. 450 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 451 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 452 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 453 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 454 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 455 excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court 456 makes a written finding that the racketeering activity involved 457 at least one sexual offense listed in this sub-subparagraph or 458 at least one offense listed in this sub-subparagraph with sexual 459 intent or motive; s. 916.1075(2); or s. 985.701(1); or a 460 violation of a similar law of another jurisdiction; 461 2. The offender has not received a pardon for any felony or 462 similar law of another jurisdiction that is necessary for the 463 operation of this paragraph; and 464 3. A conviction of a felony or similar law of another 465 jurisdiction necessary to the operation of this paragraph has 466 not been set aside in any postconviction proceeding. 467 Section 7. For the purpose of incorporating the amendment 468 made by this act to section 787.06, Florida Statutes, in 469 references thereto, paragraph (h) of subsection (1) of section 470 943.0435, Florida Statutes, is reenacted to read: 471 943.0435 Sexual offenders required to register with the 472 department; penalty.— 473 (1) As used in this section, the term: 474 (h)1. “Sexual offender” means a person who meets the 475 criteria in sub-subparagraph a., sub-subparagraph b., sub 476 subparagraph c., or sub-subparagraph d., as follows: 477 a.(I) Has been convicted of committing, or attempting, 478 soliciting, or conspiring to commit, any of the criminal 479 offenses proscribed in the following statutes in this state or 480 similar offenses in another jurisdiction: s. 393.135(2); s. 481 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 482 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 483 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 484 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 485 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 486 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 487 s. 895.03, if the court makes a written finding that the 488 racketeering activity involved at least one sexual offense 489 listed in this sub-sub-subparagraph or at least one offense 490 listed in this sub-sub-subparagraph with sexual intent or 491 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 492 committed in this state which has been redesignated from a 493 former statute number to one of those listed in this sub-sub 494 subparagraph; and 495 (II) Has been released on or after October 1, 1997, from 496 the sanction imposed for any conviction of an offense described 497 in sub-sub-subparagraph (I). For purposes of sub-sub 498 subparagraph (I), a sanction imposed in this state or in any 499 other jurisdiction includes, but is not limited to, a fine, 500 probation, community control, parole, conditional release, 501 control release, or incarceration in a state prison, federal 502 prison, private correctional facility, or local detention 503 facility; 504 b. Establishes or maintains a residence in this state and 505 who has not been designated as a sexual predator by a court of 506 this state but who has been designated as a sexual predator, as 507 a sexually violent predator, or by another sexual offender 508 designation in another state or jurisdiction and was, as a 509 result of such designation, subjected to registration or 510 community or public notification, or both, or would be if the 511 person were a resident of that state or jurisdiction, without 512 regard to whether the person otherwise meets the criteria for 513 registration as a sexual offender; 514 c. Establishes or maintains a residence in this state who 515 is in the custody or control of, or under the supervision of, 516 any other state or jurisdiction as a result of a conviction for 517 committing, or attempting, soliciting, or conspiring to commit, 518 any of the criminal offenses proscribed in the following 519 statutes or similar offense in another jurisdiction: s. 520 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 521 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 522 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 523 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 524 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; 525 s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; 526 s. 847.0145; s. 895.03, if the court makes a written finding 527 that the racketeering activity involved at least one sexual 528 offense listed in this sub-subparagraph or at least one offense 529 listed in this sub-subparagraph with sexual intent or motive; s. 530 916.1075(2); or s. 985.701(1); or any similar offense committed 531 in this state which has been redesignated from a former statute 532 number to one of those listed in this sub-subparagraph; or 533 d. On or after July 1, 2007, has been adjudicated 534 delinquent for committing, or attempting, soliciting, or 535 conspiring to commit, any of the criminal offenses proscribed in 536 the following statutes in this state or similar offenses in 537 another jurisdiction when the juvenile was 14 years of age or 538 older at the time of the offense: 539 (I) Section 794.011, excluding s. 794.011(10); 540 (II) Section 800.04(4)(a)2. where the victim is under 12 541 years of age or where the court finds sexual activity by the use 542 of force or coercion; 543 (III) Section 800.04(5)(c)1. where the court finds 544 molestation involving unclothed genitals; 545 (IV) Section 800.04(5)(d) where the court finds the use of 546 force or coercion and unclothed genitals; or 547 (V) Any similar offense committed in this state which has 548 been redesignated from a former statute number to one of those 549 listed in this sub-subparagraph. 550 2. For all qualifying offenses listed in sub-subparagraph 551 1.d., the court shall make a written finding of the age of the 552 offender at the time of the offense. 553 554 For each violation of a qualifying offense listed in this 555 subsection, except for a violation of s. 794.011, the court 556 shall make a written finding of the age of the victim at the 557 time of the offense. For a violation of s. 800.04(4), the court 558 shall also make a written finding indicating whether the offense 559 involved sexual activity and indicating whether the offense 560 involved force or coercion. For a violation of s. 800.04(5), the 561 court shall also make a written finding that the offense did or 562 did not involve unclothed genitals or genital area and that the 563 offense did or did not involve the use of force or coercion. 564 Section 8. For the purpose of incorporating the amendment 565 made by this act to section 787.06, Florida Statutes, in a 566 reference thereto, paragraph (a) of subsection (1) of section 567 943.0583, Florida Statutes, is reenacted to read: 568 943.0583 Human trafficking victim expunction.— 569 (1) As used in this section, the term: 570 (a) “Human trafficking” has the same meaning as provided in 571 s. 787.06. 572 Section 9. For the purpose of incorporating the amendment 573 made by this act to section 787.06, Florida Statutes, in a 574 reference thereto, paragraph (f) of subsection (1) of section 575 944.606, Florida Statutes, is reenacted to read: 576 944.606 Sexual offenders; notification upon release.— 577 (1) As used in this section, the term: 578 (f) “Sexual offender” means a person who has been convicted 579 of committing, or attempting, soliciting, or conspiring to 580 commit, any of the criminal offenses proscribed in the following 581 statutes in this state or similar offenses in another 582 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s. 583 787.02, or s. 787.025(2)(c), where the victim is a minor; s. 584 787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s. 585 794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03; 586 former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 587 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 588 847.0137; s. 847.0138; s. 847.0145; s. 895.03, if the court 589 makes a written finding that the racketeering activity involved 590 at least one sexual offense listed in this paragraph or at least 591 one offense listed in this paragraph with sexual intent or 592 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 593 committed in this state which has been redesignated from a 594 former statute number to one of those listed in this subsection, 595 when the department has received verified information regarding 596 such conviction; an offender’s computerized criminal history 597 record is not, in and of itself, verified information. 598 Section 10. This act shall take effect July 1, 2021.