Jessica Lunsford Act Overview

Legislation that went into effect May 2, 2005, requires electronic monitoring for certain sexual offenders placed on supervision and requires the courts to order electronic monitoring for designated sexual offenders and predators who violate probation or community control. House Bill 1877 also will make it a life felony or an offender 18 years of age or older to commit lewd or lascivious molestation against a victim younger than 12.
Highlight Points HB 1877:

• Requires a sexual predator or offender to report in person twice a year (during the month of his birthday and the 6th month thereafter, to the sheriff’s office in the county in which he or she resides and creates a 3rd deg felony for those who fail to report. Sheriffs Office will electronically submit info to FDLE w/i 2 working days.


• Extends the period for a petition to remove a sexual predator designation from 20 to 30 years for those designated after September 1, 2005.


• Provides criminal offense for predators/offenders failing to respond to address verification (w/I 3 weeks from date of correspondence).


• Provides a criminal offense for those who assist, harbor or conceal a sexual predator or sexual offender in eluding law enforcement or provides false information.


• Provides a criminal offense for a person who alters, tampers, damages or destroys any court-ordered electronic monitoring equipment.


• Provides a life felony and 25-year mandatory minimum term of imprisonment for committing a lewd or lascivious molestation on a child under 12 when the offender is 18 or older. If not life imprisonment, provides for a split sentence for person convicted of a life felony for an lewd and lascivious molestation on or after 9/1/05, to include electronic monitoring for the duration of the defendant’s natural life.


• If the probationer or offender is a registered sexual predator/offender, a court finding is required with regard to the dangerousness to person is to the public prior to his or her release on bail.


• Adds mandatory electronic monitoring for a conditional releasee whose crime was committed on or after 9/1/05 for certain offenses where the victim was 15 years or younger and the offender is 18 years or older.


• The Florida Department of Law Enforcement will create a task force for the purpose of examining the collection and dissemination of offender information within the criminal justice system and community.


• The Department of Corrections will be required to develop a risk assessment system to monitor certain offenders placed on probation or community control.


• Directs OPPAGA to conduct a study every three years to review the implementation and effectiveness of Florida sexual offender registration and community notification laws.


• Revises (expands) the requirements for registration as a recidivist sexual predator in Florida.


• Creates (9) new positions within the FDLE Sexual Offender/Predator Unit to assist law enforcement in identifying and locating any sexual offender or predator who has failed to fulfill their registration requirements.


• Adds a designation as a sexual predator to the list of aggravating circumstances in court sentencing proceedings for the commission of a capital felony.


• Requires public and private misdemeanor probation entities to search each probationer against the Florida sexual offender registry and implement procedures for accessing criminal history records of probationers.


• Requires background screening for all contractual personnel who are permitted access on school grounds when students are present or have direct contact with students.


• Criminal Justice Estimating Conference to collect research arrest, prosecution and sentencing info and report to Legislature by 3/1/06


• Develop information sharing via electronic technology by the Courts, Probation and FDLE for use at first appearance.

For more information click here - Florida Department of Law Enforcement

Document prepared by Florida Department of Law Enforcement, June 2005