Florida Senate - 2024 SB 312 By Senator Collins 14-00413-24 2024312__ 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; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1.Paragraph (a) of subsection (23) of section 14 90.803, Florida Statutes, is amended to read: 15 90.803Hearsay exceptions; availability of declarant 16 immaterial.The provision of s. 90.802 to the contrary 17 notwithstanding, the following are not inadmissible as evidence, 18 even though the declarant is available as a witness: 19 (23)HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM. 20 (a)Unless the source of information or the method or 21 circumstances by which the statement is reported indicates a 22 lack of trustworthiness, an out-of-court statement made by a 23 child victim with a physical, mental, emotional, or 24 developmental age of 17 16 or less describing any act of child 25 abuse or neglect, any act of sexual abuse against a child, the 26 offense of child abuse, the offense of aggravated child abuse, 27 or any offense involving an unlawful sexual act, contact, 28 intrusion, or penetration performed in the presence of, with, 29 by, or on the declarant child, not otherwise admissible, is 30 admissible in evidence in any civil or criminal proceeding if: 31 1.The court finds in a hearing conducted outside the 32 presence of the jury that the time, content, and circumstances 33 of the statement provide sufficient safeguards of reliability. 34 In making its determination, the court may consider the mental 35 and physical age and maturity of the child, the nature and 36 duration of the abuse or offense, the relationship of the child 37 to the offender, the reliability of the assertion, the 38 reliability of the child victim, and any other factor deemed 39 appropriate; and 40 2.The child either: 41 a.Testifies; or 42 b.Is unavailable as a witness, provided that there is 43 other corroborative evidence of the abuse or offense. 44 Unavailability shall include a finding by the court that the 45 childs participation in the trial or proceeding would result in 46 a substantial likelihood of severe emotional or mental harm, in 47 addition to findings pursuant to s. 90.804(1). 48 Section 2.Paragraph (a) of subsection (4) of section 49 775.21, Florida Statutes, is amended to read: 50 775.21The Florida Sexual Predators Act. 51 (4)SEXUAL PREDATOR CRITERIA. 52 (a)For a current offense committed on or after October 1, 53 1993, upon conviction, an offender shall be designated as a 54 sexual predator under subsection (5), and subject to 55 registration under subsection (6) and community and public 56 notification under subsection (7) if: 57 1.The felony is: 58 a.A capital, life, or first degree felony violation, or 59 any attempt thereof, of s. 787.01 or s. 787.02, where the victim 60 is a minor; s. 787.06(3)(f) or (g);, or s. 794.011, s. 800.04, 61 or s. 847.0145;, or a violation of a similar law of another 62 jurisdiction; or 63 b.Any felony violation, or any attempt thereof, of s. 64 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 65 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b) or, 66 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 67 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 68 s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 69 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if 70 the court makes a written finding that the racketeering activity 71 involved at least one sexual offense listed in this sub 72 subparagraph or at least one offense listed in this sub 73 subparagraph with sexual intent or motive; s. 916.1075(2); or s. 74 985.701(1); or a violation of a similar law of another 75 jurisdiction, and the offender has previously been convicted of 76 or found to have committed, or has pled nolo contendere or 77 guilty to, regardless of adjudication, any violation of s. 78 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 79 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b) or, 80 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 81 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 82 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 83 excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court 84 makes a written finding that the racketeering activity involved 85 at least one sexual offense listed in this sub-subparagraph or 86 at least one offense listed in this sub-subparagraph with sexual 87 intent or motive; s. 916.1075(2); or s. 985.701(1); or a 88 violation of a similar law of another jurisdiction; 89 2.The offender has not received a pardon for any felony or 90 similar law of another jurisdiction that is necessary for the 91 operation of this paragraph; and 92 3.A conviction of a felony or similar law of another 93 jurisdiction necessary to the operation of this paragraph has 94 not been set aside in any postconviction proceeding. 95 Section 3.This act shall take effect July 1, 2024.