Florida 2024 Regular Session Status: Enacted Bipartisan · 7 R · 1 D cosponsors

HB 305 — Offenses Involving Children

Last action — Chapter No. 2024-71

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced October 31, 2023. Enacted.

Signed by Governor Ron DeSantis (Republican) on April 10, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    2 primary, 8 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Offenses Involving Children; Increases maximum age of child victim of specified acts whose out of court statements may be admissible in certain circumstances; provides that first offense of specified sex trafficking offenses involving minors requires designation of defendant as sexual predator.

Bill Text

What changed in the latest version

99 added · 592 removed

99 line(s) added, 592 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 A bill to be entitled An act relating to offenses involving children;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB305 2024 A bill to be entitled An act relating to offenses involving children;
reenacting ss.
16.713(1)(c), 39.0139(3)(a), 39.509(6)(b), 39.806(1)(d) and (n), 61.13(9)(c), 63.089(4)(b), 63.092(3), 68.07(3)(i) and (6), 92.55(1)(b), 320.02(4), 322.141(3), 322.19(1) and (2), 397.487(10)(b), 455.213(3)(b), 489.553(7), and 507.07(9), F.S., relating to the Florida Gaming Control Commission's appointment and employment restrictions, child visitation or other contact, grandparents rights, grounds for termination of parental rights, support of children, proceedings to terminate parental rights pending adoption, report to the court of intended placement by an adoption entity, change of name, special protections in proceedings involving victim or witness under 18, person with intellectual disability, or sexual offense victim, registration required, color or markings of certain licenses or identification cards, change of address or Page 1of 22 CODING:
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words underlined are additions.
hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 name, voluntary certification of recovery residences, general licensing provisions, administration of part III of ch.
489, F.S., and violations of ch.
507, F.S., respectively, to incorporate amendments made by the act;
STATEMENT OF CHILD VICTIM.— (a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by a child victim with a physical, mental, emotional, or developmental age of 17 16 or less describing any act of child abuse or neglect, any act of sexual abuse against a child, the offense of child abuse, the offense of aggravated child abuse, or any offense involving an unlawful sexual act, contact, intrusion, or penetration performed in the presence of, with, by, or on the declarant child, not otherwise admissible, is Page 2of 22 CODING:
STATEMENT OF CHILD VICTIM.— (a) Unless the source of information or the method or circumstances by which the statement is reported indicates a lack of trustworthiness, an out-of-court statement made by a child victim with a physical, mental, emotional, or developmental age of 17 16 or less describing any act of child abuse or neglect, any act of sexual abuse against a child, the Page 1of 4 CODING:
hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 admissible in evidence in any civil or criminal proceeding if:
hb0305-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB305 2024 offense of child abuse, the offense of aggravated child abuse, or any offense involving an unlawful sexual act, contact, intrusion, or penetration performed in the presence of, with, by, or on the declarant child, not otherwise admissible, is admissible in evidence in any civil or criminal proceeding if:
775.21 The Florida Sexual Predators Act.— (4) SEXUAL PREDATOR CRITERIA.— (a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a "sexual predator" under subsection (5), and subject to Page 3of 22 CODING:
775.21 The Florida Sexual Predators Act.— Page 2of 4 CODING:
hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 registration under subsection (6) and community and public notification under subsection (7) if:
hb0305-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB305 2024 (4) SEXUAL PREDATOR CRITERIA.— (a) For a current offense committed on or after October 1, 1993, upon conviction, an offender shall be designated as a "sexual predator" under subsection (5), and subject to registration under subsection (6) and community and public notification under subsection (7) if:
or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s.
or a violation of a similar law of another jurisdiction, and the offender has previously been convicted of Page 3of 4 CODING:
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hb0305-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB305 2024 or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation of s.
787.06(3)(b), Page 4of 22 CODING:
787.06(3)(b), (d), (f), or (g);
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 (d), (f), or (g);
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, paragraph (c) of subsection (1) of section 16.713, Florida Statutes, is reenacted to read:
16.713 Florida Gaming Control Commission;
appointment and employment restrictions.— (1) PERSONS INELIGIBLE FOR APPOINTMENT TO THE COMMISSION.— The following persons are ineligible for appointment to the commission:
(c) A person who has been convicted of or found guilty of Page 5of 22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 or pled nolo contendere to, regardless of adjudication, in any jurisdiction, a crime listed in s.
775.21(4)(a)1.
or s.
776.08.
Section 4.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, paragraph (a) of subsection (3) of section 39.0139, Florida Statutes, is reenacted to read:
39.0139 Visitation or other contact;
restrictions.— (3) PRESUMPTION OF DETRIMENT.— (a) A rebuttable presumption of detriment to a child is created when:
1.
A court of competent jurisdiction has found probable cause exists that a parent or caregiver has sexually abused a child as defined in s.
39.01;
2.
A parent or caregiver has been found guilty of, regardless of adjudication, or has entered a plea of guilty or nolo contendere to, charges under the following statutes or substantially similar statutes of other jurisdictions:
a.
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Section 787.04, relating to removing minors from the state or concealing minors contrary to court order;
b.
Section 794.011, relating to sexual battery;
c.
Section 798.02, relating to lewd and lascivious behavior;
d.
Chapter 800, relating to lewdness and indecent exposure;
e.
Section 826.04, relating to incest;
or Page 6of 22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 f.
Chapter 827, relating to the abuse of children;
or 3.
A court of competent jurisdiction has determined a parent or caregiver to be a sexual predator as defined in s.
775.21 or a parent or caregiver has received a substantially similar designation under laws of another jurisdiction.
Section 5.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, paragraph (b) of subsection (6) of section 39.509, Florida Statutes, is reenacted to read:
39.509 Grandparents rights.—Notwithstanding any other provision of law, a maternal or paternal grandparent as well as a stepgrandparent is entitled to reasonable visitation with his or her grandchild who has been adjudicated a dependent child and taken from the physical custody of the parent unless the court finds that such visitation is not in the best interest of the child or that such visitation would interfere with the goals of the case plan.
Reasonable visitation may be unsupervised and, where appropriate and feasible, may be frequent and continuing.
Any order for visitation or other contact must conform to the provisions of s.
39.0139.
(6) In determining whether grandparental visitation is not in the child's best interest, consideration may be given to the following:
(b) The designation by a court as a sexual predator as defined in s.
775.21 or a substantially similar designation Page 7of 22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 under laws of another jurisdiction.
Section 6.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, paragraphs (d) and (n) of subsection (1) of section 39.806, Florida Statutes, are reenacted to read:
39.806 Grounds for termination of parental rights.— (1) Grounds for the termination of parental rights may be established under any of the following circumstances:
(d) When the parent of a child is incarcerated and either:
1.
The period of time for which the parent is expected to be incarcerated will constitute a significant portion of the child's minority.
When determining whether the period of time is significant, the court shall consider the child's age and the child's need for a permanent and stable home.
The period of time begins on the date that the parent enters into incarceration;
2.
The incarcerated parent has been determined by the court to be a violent career criminal as defined in s.
775.084, a habitual violent felony offender as defined in s.
775.084, or a sexual predator as defined in s.
775.21;
has been convicted of first degree or second degree murder in violation of s.
782.04 or a sexual battery that constitutes a capital, life, or first degree felony violation of s.
794.011;
or has been convicted of an offense in another jurisdiction which is substantially similar to one of the offenses listed in this paragraph.
As used in this section, the term "substantially similar offense" means Page 8of 22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 any offense that is substantially similar in elements and penalties to one of those listed in this subparagraph, and that is in violation of a law of any other jurisdiction, whether that of another state, the District of Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction;
or 3.
The court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and, for this reason, that termination of the parental rights of the incarcerated parent is in the best interest of the child.
When determining harm, the court shall consider the following factors:
a.
The age of the child.
b.
The relationship between the child and the parent.
c.
The nature of the parent's current and past provision for the child's developmental, cognitive, psychological, and physical needs.
d.
The parent's history of criminal behavior, which may include the frequency of incarceration and the unavailability of the parent to the child due to incarceration.
e.
Any other factor the court deems relevant.
(n) The parent is convicted of an offense that requires the parent to register as a sexual predator under s.
775.21.
Section 7.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a Page 9of 22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 reference thereto, paragraph (c) of subsection (9) of section 61.13, Florida Statutes, is reenacted to read:
61.13 Support of children;
parenting and time-sharing;
powers of court.— (9) (c) A court may not order visitation at a recovery residence if any resident of the recovery residence is currently required to register as a sexual predator under s.
775.21 or as a sexual offender under s.
943.0435.
Section 8.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, paragraph (b) of subsection (4) of section 63.089, Florida Statutes, is reenacted to read:
63.089 Proceeding to terminate parental rights pending adoption;
hearing;
grounds;
dismissal of petition;
judgment.— (4) FINDING OF ABANDONMENT.—A finding of abandonment resulting in a termination of parental rights must be based upon clear and convincing evidence that a parent or person having legal custody has abandoned the child in accordance with the definition contained in s.
63.032.
A finding of abandonment may also be based upon emotional abuse or a refusal to provide reasonable financial support, when able, to a birth mother during her pregnancy or on whether the person alleged to have abandoned the child, while being able, failed to establish contact with the child or accept responsibility for the child's Page 10 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 welfare.
(b) The child has been abandoned when the parent of a child is incarcerated on or after October 1, 2001, in a federal, state, or county correctional institution and:
1.
The period of time for which the parent has been or is expected to be incarcerated will constitute a significant portion of the child's minority.
In determining whether the period of time is significant, the court shall consider the child's age and the child's need for a permanent and stable home.
The period of time begins on the date that the parent enters into incarceration;
2.
The incarcerated parent has been determined by a court of competent jurisdiction to be a violent career criminal as defined in s.
775.084, a habitual violent felony offender as defined in s.
775.084, convicted of child abuse as defined in s.
827.03, or a sexual predator as defined in s.
775.21;
has been convicted of first degree or second degree murder in violation of s.
782.04 or a sexual battery that constitutes a capital, life, or first degree felony violation of s.
794.011;
or has been convicted of a substantially similar offense in another jurisdiction.
As used in this section, the term "substantially similar offense" means any offense that is substantially similar in elements and penalties to one of those listed in this subparagraph, and that is in violation of a law of any other jurisdiction, whether that of another state, the District of Page 11 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 Columbia, the United States or any possession or territory thereof, or any foreign jurisdiction;
or 3.
The court determines by clear and convincing evidence that continuing the parental relationship with the incarcerated parent would be harmful to the child and, for this reason, termination of the parental rights of the incarcerated parent is in the best interests of the child.
Section 9.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, subsection (3) of section 63.092, Florida Statutes, is reenacted to read:
63.092 Report to the court of intended placement by an adoption entity;
at-risk placement;
preliminary study.— (3) PRELIMINARY HOME STUDY.—Before placing the minor in the intended adoptive home, a preliminary home study must be performed by a licensed child-placing agency, a child-caring agency registered under s.
409.176, a licensed professional, or an agency described in s.
61.20(2), unless the adoptee is an adult or the petitioner is a stepparent or a relative.
If the adoptee is an adult or the petitioner is a stepparent or a relative, a preliminary home study may be required by the court for good cause shown.
The department is required to perform the preliminary home study only if there is no licensed child- placing agency, child-caring agency registered under s.
409.176, licensed professional, or agency described in s.
61.20(2), in Page 12 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 the county where the prospective adoptive parents reside.
The preliminary home study must be made to determine the suitability of the intended adoptive parents and may be completed before identification of a prospective adoptive minor.
If the identified prospective adoptive minor is in the custody of the department, a preliminary home study must be completed within 30 days after it is initiated.
A favorable preliminary home study is valid for 1 year after the date of its completion.
Upon its completion, a signed copy of the home study must be provided to the intended adoptive parents who were the subject of the home study.
A minor may not be placed in an intended adoptive home before a favorable preliminary home study is completed unless the adoptive home is also a licensed foster home under s.
409.175.
The preliminary home study must include, at a minimum:
(a) An interview with the intended adoptive parents.
(b) Records checks of the department's central abuse registry, which the department shall provide to the entity conducting the preliminary home study, and criminal records correspondence checks under s.
39.0138 through the Department of Law Enforcement on the intended adoptive parents.
(c) An assessment of the physical environment of the home.
(d) A determination of the financial security of the intended adoptive parents.
(e) Documentation of counseling and education of the intended adoptive parents on adoptive parenting, as determined Page 13 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 by the entity conducting the preliminary home study.
The training specified in s.
409.175(14) shall only be required for persons who adopt children from the department.
(f) Documentation that information on adoption and the adoption process has been provided to the intended adoptive parents.
(g) Documentation that information on support services available in the community has been provided to the intended adoptive parents.
(h) A copy of each signed acknowledgment of receipt of disclosure required by s.
63.085.
If the preliminary home study is favorable, a minor may be placed in the home pending entry of the judgment of adoption.
A minor may not be placed in the home if the preliminary home study is unfavorable.
If the preliminary home study is unfavorable, the adoption entity may, within 20 days after receipt of a copy of the written recommendation, petition the court to determine the suitability of the intended adoptive home.
A determination as to suitability under this subsection does not act as a presumption of suitability at the final hearing.
In determining the suitability of the intended adoptive home, the court must consider the totality of the circumstances in the home.
A minor may not be placed in a home in which there resides any person determined by the court to be a sexual Page 14 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 predator as defined in s.
775.21 or to have been convicted of an offense listed in s.
63.089(4)(b)2.
Section 10.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, paragraph (i) of subsection (3) and subsection (6) of section 68.07, Florida Statutes, are reenacted to read:
68.07 Change of name.— (3) Each petition shall be verified and show:
(i) Whether the petitioner has ever been required to register as a sexual predator under s.
775.21 or as a sexual offender under s.
943.0435.
(6) The clerk of the court must, within 5 business days after the filing of the final judgment, send a report of the judgment to the Department of Law Enforcement on a form to be furnished by that department.
If the petitioner is required to register as a sexual predator or a sexual offender pursuant to s.
775.21 or s.
943.0435, the clerk of court shall electronically notify the Department of Law Enforcement of the name change, in a manner prescribed by that department, within 2 business days after the filing of the final judgment.
The Department of Law Enforcement must send a copy of the report to the Department of Highway Safety and Motor Vehicles, which may be delivered by electronic transmission.
The report must contain sufficient information to identify the petitioner, including the Page 15 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 results of the criminal history records check if applicable, the new name of the petitioner, and the file number of the judgment.
The Department of Highway Safety and Motor Vehicles shall monitor the records of any sexual predator or sexual offender whose name has been provided to it by the Department of Law Enforcement.
If the sexual predator or sexual offender does not obtain a replacement driver license or identification card within the required time as specified in s.
775.21 or s.
943.0435, the Department of Highway Safety and Motor Vehicles shall notify the Department of Law Enforcement.
The Department of Law Enforcement shall notify applicable law enforcement agencies of the predator's or offender's failure to comply with registration requirements.
Any information retained by the Department of Law Enforcement and the Department of Highway Safety and Motor Vehicles may be revised or supplemented by said departments to reflect changes made by the final judgment.
With respect to a person convicted of a felony in another state or of a federal offense, the Department of Law Enforcement must send the report to the respective state's office of law enforcement records or to the office of the Federal Bureau of Investigation.
The Department of Law Enforcement may forward the report to any other law enforcement agency it believes may retain information related to the petitioner.
Section 11.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a Page 16 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 reference thereto, paragraph (b) of subsection (1) of section 92.55, Florida Statutes, is reenacted to read:
92.55 Special protections in proceedings involving victim or witness under 18, person with intellectual disability, or sexual offense victim.— (1) For purposes of this section, the term:
(b) "Sexual offense" means any offense specified in s.
775.21(4)(a)1.
or s.
943.0435(1)(h)1.a.(I).
Section 12.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, subsection (4) of section 320.02, Florida Statutes, is reenacted to read:
320.02 Registration required;
application for registration;
forms.— (4) Except as provided in ss.
775.21, 775.261, 943.0435, 944.607, and 985.4815, the owner of any motor vehicle registered in the state shall notify the department in writing of any change of address within 30 days of such change.
The notification shall include the registration license plate number, the vehicle identification number (VIN) or title certificate number, year of vehicle make, and the owner's full name.
Section 13.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, subsection (3) of section 322.141, Florida Page 17 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 Statutes, is reenacted to read:
322.141 Color or markings of certain licenses or identification cards.— (3) All licenses for the operation of motor vehicles or identification cards originally issued or reissued by the department to persons who are designated as sexual predators under s.
775.21 or subject to registration as sexual offenders under s.
943.0435 or s.
944.607, or who have a similar designation or are subject to a similar registration under the laws of another jurisdiction, shall have on the front of the license or identification card the following:
(a) For a person designated as a sexual predator under s.
775.21 or who has a similar designation under the laws of another jurisdiction, the marking "SEXUAL PREDATOR." (b) For a person subject to registration as a sexual offender under s.
943.0435 or s.
944.607, or subject to a similar registration under the laws of another jurisdiction, the marking "943.0435, F.S." Section 14.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, subsections (1) and (2) of section 322.19, Florida Statutes, are reenacted to read:
322.19 Change of address or name.— (1) Except as provided in ss.
775.21, 775.261, 943.0435, 944.607, and 985.4815, whenever any person, after applying for Page 18 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 or receiving a driver license or identification card, changes his or her legal name, that person must within 30 days thereafter obtain a replacement license or card that reflects the change.
(2) If a person, after applying for or receiving a driver license or identification card, changes the legal residence or mailing address in the application, license, or card, the person must, within 30 calendar days after making the change, obtain a replacement license or card that reflects the change.
A written request to the department must include the old and new addresses and the driver license or identification card number.
Any person who has a valid, current student identification card issued by an educational institution in this state is presumed not to have changed his or her legal residence or mailing address.
This subsection does not affect any person required to register a permanent or temporary address change pursuant to s.
775.13, s.
775.21, s.
775.25, or s.
943.0435.
Section 15.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, paragraph (b) of subsection (10) of section 397.487, Florida Statutes, is reenacted to read:
397.487 Voluntary certification of recovery residences.— (10) (b) A certified recovery residence may not allow a minor child to visit a parent who is a resident of the recovery Page 19 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 residence at any time if any resident of the recovery residence is currently required to register as a sexual predator under s.
775.21 or as a sexual offender under s.
943.0435.
Section 16.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, paragraph (b) of subsection (3) of section 455.213, Florida Statutes, is reenacted to read:
455.213 General licensing provisions.— (3) (b)1.
A conviction, or any other adjudication, for a crime more than 5 years before the date the application is received by the applicable board may not be grounds for denial of a license specified in paragraph (a).
For purposes of this paragraph, the term "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
This paragraph does not limit the applicable board from considering an applicant's criminal history that includes a crime listed in s.
775.21(4)(a)1.
or s.
776.08 at any time, but only if such criminal history has been found to relate to the practice of the applicable profession.
2.
The applicable board may consider the criminal history of an applicant for licensure under subparagraph (a)3.
if such criminal history has been found to relate to good moral character.
Section 17.
For the purpose of incorporating the amendment Page 20 of22 CODING:
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hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 made by this act to section 775.21, Florida Statutes, in a reference thereto, subsection (7) of section 489.553, Florida Statutes, is reenacted to read:
489.553 Administration of part;
registration qualifications;
examination.— (7) Notwithstanding any other law, a conviction, or any other adjudication, for a crime more than 5 years before the date the application is received by the department or other applicable authority may not be grounds for denial of registration.
For purposes of this subsection, the term "conviction" means a determination of guilt that is the result of a plea or trial, regardless of whether adjudication is withheld.
This subsection does not limit a board from considering an applicant's criminal history that includes any crime listed in s.
775.21(4)(a)1.
or s.
776.08 at any time, but only if such criminal history has been found to relate to the practice of the applicable profession, or any crime if it has been found to relate to good moral character.
Section 18.
For the purpose of incorporating the amendment made by this act to section 775.21, Florida Statutes, in a reference thereto, subsection (9) of section 507.07, Florida Statutes, is reenacted to read:
507.07 Violations.—It is a violation of this chapter:
(9) For a mover or a moving broker to knowingly refuse or fail to disclose in writing to a customer before a household Page 21 of22 CODING:
Words strickenare deletions;
words underlined are additions.
hb0305-02-e1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB30, Engrossed 1 2024 move that the mover, or an employee or subcontractor of the mover or moving broker, who has access to the dwelling or property of the customer, including access to give a quote for the move, has been convicted of a felony listed in s.
775.21(4)(a)1.
or convicted of a similar offense of another jurisdiction, regardless of when such felony offense was committed.
Section 19.
Page 22 of22 CODING:
Page 4of 4 CODING:
hb0305-02-e1
hb0305-01-c1
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Action History

  1. Chapter No. 2024-71

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. In Messages

  6. Immediately certified

  7. CS passed; YEAS 38 NAYS 0

  8. Read 3rd time

  9. Read 2nd time

  10. Substituted for CS/CS/SB 312

  11. Placed on Calendar, on 2nd reading

  12. Withdrawn from Rules

  13. Received

  14. Referred to Rules

  15. In Messages

  16. CS passed as amended; YEAS 115, NAYS 0

  17. Read 3rd time

  18. Added to Third Reading Calendar

  19. Placed on 3rd reading

  20. Amendment 711849 adopted

  21. Read 2nd time

  22. Bill added to Special Order Calendar (1/17/2024)

  23. Added to Second Reading Calendar

  24. 1st Reading (Committee Substitute 1)

  25. 1st Reading (Original Filed Version)

  26. Bill released to House Calendar

  27. Reported out of Judiciary Committee

  28. Favorable by Judiciary Committee

  29. Added to Judiciary Committee agenda

  30. Now in Judiciary Committee

  31. Referred to Judiciary Committee

  32. CS Filed

  33. Laid on Table under Rule 7.18(a)

  34. Reported out of Criminal Justice Subcommittee

  35. Favorable with CS by Criminal Justice Subcommittee

  36. Added to Criminal Justice Subcommittee agenda

  37. Now in Criminal Justice Subcommittee

  38. Referred to Judiciary Committee

  39. Referred to Criminal Justice Subcommittee

  40. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 8 co-sponsors · 154 not signed on

Sponsors (2)

Co-sponsors (8)

Not signed on (154)

154 members have not signed on to this bill.

Show all 154 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 21001
Democrat 6000
Unaffiliated 10001
No Party Affiliation 1000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Powell — Yea
Baxley — Not Voting
Book — Yea
Stewart — Yea
Hutson — Yea
Ingoglia — Yea
Torres — Yea
Broxson — Yea
Collins — Yea
Perry — Yea
Thompson, Geraldine F. "Geri" — Yea
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Polsky, Tina Scott Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
Calatayud, Alexis Republican Yea
DiCeglie, Nick Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Not Voting
Martin, Jonathan Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Passage, Third Reading

Passed 115 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 63003
Democrat 28001
Unaffiliated 24001
Total 115005
% of votes cast 96%0%0%4%
How each member voted (120)
Member Party Vote
Altman — Yea
Payne — Yea
Keen — Yea
Killebrew — Yea
Stevenson — Yea
Caruso — Yea
Casello — Yea
Temple — Yea
Tomkow — Yea
Clemons — Yea
Waldron — Yea
Williams — Yea
Amesty — Yea
Fine — Yea
Renner — Yea
Roach — Yea
Bell — Yea
Grant — Yea
Beltran — Yea
Rommel — Yea
Benjamin — Yea
Rudman — Yea
Silvers — Yea
Roth — Not Voting
Lopez, V. — Yea
Antone, Bruce Hadley Democrat Yea
Arrington, Kristen Aston Democrat Yea
Bartleman, Robin Democrat Yea
Bracy Davis, LaVon Democrat Yea
Campbell, Daryl Democrat Yea
Chambliss, Kevin D. Democrat Yea
Cross, Lindsay Democrat Yea
Daley, Dan Democrat Yea
Daniels, Kimberly Democrat Yea
Driskell, Fentrice Democrat Yea
Dunkley, Lisa Democrat Yea
Edmonds, Jervonte "Tae" Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Franklin II, Gallop Democrat Yea
Gantt, Ashley Viola Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Not Voting
Harris, Jennifer "Rita" Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Hunschofsky, Christine Democrat Yea
Joseph, Dotie Democrat Yea
López, Johanna Democrat Yea
Nixon, Angela "Angie" Democrat Yea
Rayner, Michele K. Democrat Yea
Robinson, Felicia Simone Democrat Yea
Skidmore, Kelly Democrat Yea
Tant, Allison Democrat Yea
Woodson, Marie Paule Democrat Yea
Abbott, Shane G. Republican Yea
Alvarez, Daniel Antonio "Danny" Republican Yea
Anderson, Adam Republican Yea
Andrade, Robert Alexander "Alex" Republican Yea
Baker, Jessica Republican Yea
Bankson, Douglas Michael "Doug" Republican Yea
Barnaby, Webster Republican Yea
Basabe, Fabián Republican Yea
Berfield, Kimberly Republican Yea
Black, Dean Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brackett, Robert A. "Robbie" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Busatta, Demi Republican Yea
Canady, Jennifer Republican Yea
Cassel, Hillary Republican Yea
Chamberlin, Ryan Republican Yea
Chaney, Linda Republican Yea
Duggan, Wyman Republican Not Voting
Esposito, Tiffany Republican Yea
Fabricio, Tom Republican Yea
Garcia, Ileana Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Gonzalez Pittman, Karen Republican Yea
Gossett-Seidman, Peggy Republican Yea
Griffitts Jr., Philip Wayne "Griff" Republican Yea
Holcomb, Jeff Republican Yea
Jacques, Berny Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Michael, Kiyan Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Not Voting
Porras, Juan Carlos Republican Yea
Redondo, Mike Republican Yea
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Stark, Paula A. Republican Yea
Steele, Kevin M. Republican Yea
Trabulsy, Dana Republican Not Voting
Tramont, Chase Republican Yea
Truenow, Keith L. Republican Yea
Tuck, Kaylee Republican Yea
Valdés, Susan L. Republican Yea
Yarkosky, Taylor Michael Republican Yea
Yeager, Bradford Troy "Brad" Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 305 do?
Offenses Involving Children; Increases maximum age of child victim of specified acts whose out of court statements may be admissible in certain circumstances; provides that first offense of specified sex trafficking offenses involving minors requires designation of defendant as sexual predator.
Who sponsors HB 305?
HB 305 is sponsored by Baker, Jessica (Republican), Basabe, Fabián (Republican), Bell, Chamberlin, Ryan (Republican), Criminal Justice Subcommittee, Jacques, Berny (Republican), López, Johanna (Democrat), McClain, Stan (Republican), Trabulsy, Dana (Republican), and Tuck, Kaylee (Republican).
What is the current status of HB 305?
This bill has been enacted into law. Introduced October 31, 2023. Enacted.
Where can I track HB 305?
Track HB 305 free on One Click Politics — get push/email alerts when it moves.

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