Florida Senate - 2011 SB 1178
By Senator Bogdanoff
25-00766B-11 20111178__
1 A bill to be entitled
2 An act relating to sexual offenders and predators;
3 amending s. 856.022, F.S.; clarifying provisions
4 concerning loitering by certain offenders; amending s.
5 775.21, F.S.; defining the term “homelessness status”
6 and deleting the definition of the term “transient
7 residence”; conforming provisions to the revisions in
8 terminology made by the act; amending ss. 943.0435,
9 944.606, 944.607, 985.481, and 985.4815, F.S.;
10 conforming provisions to the revisions in terminology
11 made by the act; requiring specified monthly
12 registration by homeless offenders and predators;
13 providing that failure to comply with such
14 registration is a violation of specified provisions;
15 providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (3) of section 856.022, Florida
20 Statutes, is amended to read:
21 856.022 Loitering or prowling by certain offenders in close
22 proximity to children; penalty.—
23 (3) A person described in subsection (1) commits loitering
24 and prowling by a person convicted of a sexual offense against a
25 minor if, in committing loitering and prowling, he or she was
26 within 300 feet of a place where children congregate were
27 congregating.
28 Section 2. Paragraphs (i), (j), (k), (l), and (m) of
29 subsection (2), paragraph (c) of subsection (4), paragraph (a)
30 of subsection (5), paragraphs (a), (f), (g), (i), and (j) of
31 subsection (6), paragraph (a) of subsection (7), and paragraph
32 (a) of subsection (8) of section 775.21, Florida Statutes, are
33 amended to read:
34 775.21 The Florida Sexual Predators Act.—
35 (2) DEFINITIONS.—As used in this section, the term:
36 (i) “Homelessness” means a temporary condition and social
37 category of people without a dwelling who are unable to maintain
38 adequate housing. The term “dwelling” includes, but is not
39 limited to, a place where a person sleeps or seeks shelter.
40 (j)(i) “Instant message name” means an identifier that
41 allows a person to communicate in real time with another person
42 using the Internet.
43 (k)(j) “Institution of higher education” means a career
44 center, community college, college, state university, or
45 independent postsecondary institution.
46 (l)(k) “Permanent residence” means a place where the person
47 abides, lodges, or resides for 5 or more consecutive days.
48 (m)(l) “Temporary residence” means a place where the person
49 abides, lodges, or resides, including, but not limited to,
50 vacation, business, or personal travel destinations in or out of
51 this state, for a period of 5 or more days in the aggregate
52 during any calendar year and which is not the person’s permanent
53 address or, for a person whose permanent residence is not in
54 this state, a place where the person is employed, practices a
55 vocation, or is enrolled as a student for any period of time in
56 this state.
57 (m) “Transient residence” means a place or county where a
58 person lives, remains, or is located for a period of 5 or more
59 days in the aggregate during a calendar year and which is not
60 the person’s permanent or temporary address. The term includes,
61 but is not limited to, a place where the person sleeps or seeks
62 shelter and a location that has no specific street address.
63 (4) SEXUAL PREDATOR CRITERIA.—
64 (c) If an offender has been registered as a sexual predator
65 by the Department of Corrections, the department, or any other
66 law enforcement agency and if:
67 1. The court did not, for whatever reason, make a written
68 finding at the time of sentencing that the offender was a sexual
69 predator; or
70 2. The offender was administratively registered as a sexual
71 predator because the Department of Corrections, the department,
72 or any other law enforcement agency obtained information that
73 indicated that the offender met the criteria for designation as
74 a sexual predator based on a violation of a similar law in
75 another jurisdiction,
76
77 the department shall remove that offender from the department’s
78 list of sexual predators and, for an offender described under
79 subparagraph 1., shall notify the state attorney who prosecuted
80 the offense that met the criteria for administrative designation
81 as a sexual predator, and, for an offender described under this
82 paragraph, shall notify the state attorney of the county where
83 the offender establishes or maintains a permanent or, temporary,
84 or transient residence or homelessness status. The state
85 attorney shall bring the matter to the court’s attention in
86 order to establish that the offender meets the criteria for
87 designation as a sexual predator. If the court makes a written
88 finding that the offender is a sexual predator, the offender
89 must be designated as a sexual predator, must register or be
90 registered as a sexual predator with the department as provided
91 in subsection (6), and is subject to the community and public
92 notification as provided in subsection (7). If the court does
93 not make a written finding that the offender is a sexual
94 predator, the offender may not be designated as a sexual
95 predator with respect to that offense and is not required to
96 register or be registered as a sexual predator with the
97 department.
98 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
99 as a sexual predator as follows:
100 (a)1. An offender who meets the sexual predator criteria
101 described in paragraph (4)(d) is a sexual predator, and the
102 court shall make a written finding at the time such offender is
103 determined to be a sexually violent predator under chapter 394
104 that such person meets the criteria for designation as a sexual
105 predator for purposes of this section. The clerk shall transmit
106 a copy of the order containing the written finding to the
107 department within 48 hours after the entry of the order;
108 2. An offender who meets the sexual predator criteria
109 described in paragraph (4)(a) who is before the court for
110 sentencing for a current offense committed on or after October
111 1, 1993, is a sexual predator, and the sentencing court must
112 make a written finding at the time of sentencing that the
113 offender is a sexual predator, and the clerk of the court shall
114 transmit a copy of the order containing the written finding to
115 the department within 48 hours after the entry of the order; or
116 3. If the Department of Corrections, the department, or any
117 other law enforcement agency obtains information which indicates
118 that an offender who establishes or maintains a permanent or,
119 temporary, or transient residence or homelessness status in this
120 state meets the sexual predator criteria described in paragraph
121 (4)(a) or paragraph (4)(d) because the offender was civilly
122 committed or committed a similar violation in another
123 jurisdiction on or after October 1, 1993, the Department of
124 Corrections, the department, or the law enforcement agency shall
125 notify the state attorney of the county where the offender
126 establishes or maintains a permanent or, temporary, or transient
127 residence or homelessness status of the offender’s presence in
128 the community. The state attorney shall file a petition with the
129 criminal division of the circuit court for the purpose of
130 holding a hearing to determine if the offender’s criminal record
131 or record of civil commitment from another jurisdiction meets
132 the sexual predator criteria. If the court finds that the
133 offender meets the sexual predator criteria because the offender
134 has violated a similar law or similar laws in another
135 jurisdiction, the court shall make a written finding that the
136 offender is a sexual predator.
137
138 When the court makes a written finding that an offender is a
139 sexual predator, the court shall inform the sexual predator of
140 the registration and community and public notification
141 requirements described in this section. Within 48 hours after
142 the court designating an offender as a sexual predator, the
143 clerk of the circuit court shall transmit a copy of the court’s
144 written sexual predator finding to the department. If the
145 offender is sentenced to a term of imprisonment or supervision,
146 a copy of the court’s written sexual predator finding must be
147 submitted to the Department of Corrections.
148 (6) REGISTRATION.—
149 (a) A sexual predator must register with the department
150 through the sheriff’s office by providing the following
151 information to the department:
152 1. Name; social security number; age; race; sex; date of
153 birth; height; weight; hair and eye color; photograph; address
154 of legal residence and address of any current temporary
155 residence, within the state or out of state, including a rural
156 route address and a post office box; if no permanent or
157 temporary address, a specific sleeping location or location
158 where he or she is seeking shelter any transient residence
159 within the state, which the person must update in person on a
160 monthly basis to the sheriff’s office of the county in which he
161 or she is located as long as he or she has no permanent or
162 temporary address; address, location or description, and dates
163 of any current or known future temporary residence, specific
164 sleeping location, or location where he or she is or will be
165 seeking shelter within the state or out of state; any electronic
166 mail address and any instant message name required to be
167 provided pursuant to subparagraph (g)4.; home telephone number
168 and any cellular telephone number; date and place of any
169 employment; date and place of each conviction; fingerprints; and
170 a brief description of the crime or crimes committed by the
171 offender. A post office box shall not be provided in lieu of a
172 physical residential address.
173 a. If the sexual predator’s place of residence is a motor
174 vehicle, trailer, mobile home, or manufactured home, as defined
175 in chapter 320, the sexual predator shall also provide to the
176 department written notice of the vehicle identification number;
177 the license tag number; the registration number; and a
178 description, including color scheme, of the motor vehicle,
179 trailer, mobile home, or manufactured home. If a sexual
180 predator’s place of residence is a vessel, live-aboard vessel,
181 or houseboat, as defined in chapter 327, the sexual predator
182 shall also provide to the department written notice of the hull
183 identification number; the manufacturer’s serial number; the
184 name of the vessel, live-aboard vessel, or houseboat; the
185 registration number; and a description, including color scheme,
186 of the vessel, live-aboard vessel, or houseboat.
187 b. If the sexual predator is enrolled, employed, or
188 carrying on a vocation at an institution of higher education in
189 this state, the sexual predator shall also provide to the
190 department the name, address, and county of each institution,
191 including each campus attended, and the sexual predator’s
192 enrollment or employment status. Each change in enrollment or
193 employment status shall be reported in person at the sheriff’s
194 office, or the Department of Corrections if the sexual predator
195 is in the custody or control of or under the supervision of the
196 Department of Corrections, within 48 hours after any change in
197 status. The sheriff or the Department of Corrections shall
198 promptly notify each institution of the sexual predator’s
199 presence and any change in the sexual predator’s enrollment or
200 employment status.
201 2. Any other information determined necessary by the
202 department, including criminal and corrections records;
203 nonprivileged personnel and treatment records; and evidentiary
204 genetic markers when available.
205 (f) Within 48 hours after the registration required under
206 paragraph (a) or paragraph (e), a sexual predator who is not
207 incarcerated and who resides in the community, including a
208 sexual predator under the supervision of the Department of
209 Corrections, shall register in person at a driver’s license
210 office of the Department of Highway Safety and Motor Vehicles
211 and shall present proof of registration. At the driver’s license
212 office the sexual predator shall:
213 1. If otherwise qualified, secure a Florida driver’s
214 license, renew a Florida driver’s license, or secure an
215 identification card. The sexual predator shall identify himself
216 or herself as a sexual predator who is required to comply with
217 this section, provide his or her place of permanent or,
218 temporary, or transient residence, specific sleeping location,
219 or location where he or she is seeking shelter, including a
220 rural route address and a post office box, and submit to the
221 taking of a photograph for use in issuing a driver’s license,
222 renewed license, or identification card, and for use by the
223 department in maintaining current records of sexual predators. A
224 post office box shall not be provided in lieu of a physical
225 residential address. If the sexual predator’s place of residence
226 is a motor vehicle, trailer, mobile home, or manufactured home,
227 as defined in chapter 320, the sexual predator shall also
228 provide to the Department of Highway Safety and Motor Vehicles
229 the vehicle identification number; the license tag number; the
230 registration number; and a description, including color scheme,
231 of the motor vehicle, trailer, mobile home, or manufactured
232 home. If a sexual predator’s place of residence is a vessel,
233 live-aboard vessel, or houseboat, as defined in chapter 327, the
234 sexual predator shall also provide to the Department of Highway
235 Safety and Motor Vehicles the hull identification number; the
236 manufacturer’s serial number; the name of the vessel, live
237 aboard vessel, or houseboat; the registration number; and a
238 description, including color scheme, of the vessel, live-aboard
239 vessel, or houseboat.
240 2. Pay the costs assessed by the Department of Highway
241 Safety and Motor Vehicles for issuing or renewing a driver’s
242 license or identification card as required by this section. The
243 driver’s license or identification card issued to the sexual
244 predator must be in compliance with s. 322.141(3).
245 3. Provide, upon request, any additional information
246 necessary to confirm the identity of the sexual predator,
247 including a set of fingerprints.
248 (g)1. Each time a sexual predator’s driver’s license or
249 identification card is subject to renewal, and, without regard
250 to the status of the predator’s driver’s license or
251 identification card, within 48 hours after any change of the
252 predator’s residence or change in the predator’s name by reason
253 of marriage or other legal process, the predator shall report in
254 person to a driver’s license office and shall be subject to the
255 requirements specified in paragraph (f). The Department of
256 Highway Safety and Motor Vehicles shall forward to the
257 department and to the Department of Corrections all photographs
258 and information provided by sexual predators. Notwithstanding
259 the restrictions set forth in s. 322.142, the Department of
260 Highway Safety and Motor Vehicles is authorized to release a
261 reproduction of a color-photograph or digital-image license to
262 the Department of Law Enforcement for purposes of public
263 notification of sexual predators as provided in this section.
264 2. A sexual predator who vacates a permanent or, temporary,
265 or transient residence, specific sleeping location, or location
266 where he or she is seeking shelter and fails to establish or
267 maintain another permanent or, temporary, or transient
268 residence, specific sleeping location, or location where he or
269 she is seeking shelter shall, within 48 hours after vacating the
270 permanent or, temporary, or transient residence, specific
271 sleeping location, or location where he or she is seeking
272 shelter, report in person to the sheriff’s office of the county
273 in which he or she is located. A sexual predator who remains
274 homeless must report in person once a month and register a
275 specific sleeping location or location where he or she is
276 seeking shelter. The sexual predator shall specify the date upon
277 which he or she intends to or did vacate such residence. The
278 sexual predator must provide or update all of the registration
279 information required under paragraph (a). The sexual predator
280 must provide an address for the residence or other place that he
281 or she is or will be located during the time in which he or she
282 fails to establish or maintain a permanent or temporary
283 residence or, if in a homelessness status, must report his or
284 her new sleeping location.
285 3. A sexual predator who remains at a permanent or,
286 temporary, or transient residence, specific sleeping location,
287 or location where he or she is seeking shelter after reporting
288 his or her intent to vacate such residence shall, within 48
289 hours after the date upon which the predator indicated he or she
290 would or did vacate such residence, report in person to the
291 sheriff’s office to which he or she reported pursuant to
292 subparagraph 2. for the purpose of reporting his or her address
293 at such residence. A sexual predator who fails to update this
294 registration on a monthly basis as required in subparagraph 2.
295 violates this registration requirement. This registration is in
296 addition to any other registration mandated by this section. If
297 the predator claims to be homeless but actually has a residence
298 or place to live, he or she commits a violation of this section.
299 When the sheriff receives the report, the sheriff shall promptly
300 convey the information to the department. An offender who makes
301 a report as required under subparagraph 2. but fails to make a
302 report as required under this subparagraph commits a felony of
303 the second degree, punishable as provided in s. 775.082, s.
304 775.083, or s. 775.084.
305 4. A sexual predator must register any electronic mail
306 address or instant message name with the department prior to
307 using such electronic mail address or instant message name on or
308 after October 1, 2007. The department shall establish an online
309 system through which sexual predators may securely access and
310 update all electronic mail address and instant message name
311 information.
312 (i) A sexual predator who intends to establish a permanent
313 or, temporary, or transient residence or homelessness status in
314 another state or jurisdiction other than the State of Florida
315 shall report in person to the sheriff of the county of current
316 residence within 48 hours before the date he or she intends to
317 leave this state to establish residence in another state or
318 jurisdiction. The sexual predator must provide to the sheriff
319 the address, municipality, county, and state of intended
320 residence. The sheriff shall promptly provide to the department
321 the information received from the sexual predator. The
322 department shall notify the statewide law enforcement agency, or
323 a comparable agency, in the intended state or jurisdiction of
324 residence of the sexual predator’s intended residence. The
325 failure of a sexual predator to provide his or her intended
326 place of residence is punishable as provided in subsection (10).
327 (j) A sexual predator who indicates his or her intent to
328 establish a permanent or, temporary, or transient residence or
329 homelessness status in another state or jurisdiction other than
330 the State of Florida and later decides to remain in this state
331 shall, within 48 hours after the date upon which the sexual
332 predator indicated he or she would leave this state, report in
333 person to the sheriff to which the sexual predator reported the
334 intended change of residence, and report his or her intent to
335 remain in this state. If the sheriff is notified by the sexual
336 predator that he or she intends to remain in this state, the
337 sheriff shall promptly report this information to the
338 department. A sexual predator who reports his or her intent to
339 establish a permanent or, temporary, or transient residence or
340 homelessness status in another state or jurisdiction, but who
341 remains in this state without reporting to the sheriff in the
342 manner required by this paragraph, commits a felony of the
343 second degree, punishable as provided in s. 775.082, s. 775.083,
344 or s. 775.084.
345 (7) COMMUNITY AND PUBLIC NOTIFICATION.—
346 (a) Law enforcement agencies must inform members of the
347 community and the public of a sexual predator’s presence. Upon
348 notification of the presence of a sexual predator, the sheriff
349 of the county or the chief of police of the municipality where
350 the sexual predator establishes or maintains a permanent or
351 temporary residence shall notify members of the community and
352 the public of the presence of the sexual predator in a manner
353 deemed appropriate by the sheriff or the chief of police. Within
354 48 hours after receiving notification of the presence of a
355 sexual predator, the sheriff of the county or the chief of
356 police of the municipality where the sexual predator temporarily
357 or permanently resides shall notify each licensed child care
358 facility, elementary school, middle school, and high school
359 within a 1-mile radius of the temporary or permanent residence
360 of the sexual predator of the presence of the sexual predator.
361 Information provided to members of the community and the public
362 regarding a sexual predator must include:
363 1. The name of the sexual predator;
364 2. A description of the sexual predator, including a
365 photograph;
366 3. The sexual predator’s current permanent or, temporary,
367 and transient addresses, specific sleeping location, or location
368 where he or she is seeking shelter, and descriptions of
369 registered locations that have no specific street address,
370 including the name of the county or municipality if known;
371 4. The circumstances of the sexual predator’s offense or
372 offenses; and
373 5. Whether the victim of the sexual predator’s offense or
374 offenses was, at the time of the offense, a minor or an adult.
375
376 This paragraph does not authorize the release of the name of any
377 victim of the sexual predator.
378 (8) VERIFICATION.—The department and the Department of
379 Corrections shall implement a system for verifying the addresses
380 of sexual predators. The system must be consistent with the
381 provisions of the federal Adam Walsh Child Protection and Safety
382 Act of 2006 and any other federal standards applicable to such
383 verification or required to be met as a condition for the
384 receipt of federal funds by the state. The Department of
385 Corrections shall verify the addresses of sexual predators who
386 are not incarcerated but who reside in the community under the
387 supervision of the Department of Corrections and shall report to
388 the department any failure by a sexual predator to comply with
389 registration requirements. County and local law enforcement
390 agencies, in conjunction with the department, shall verify the
391 addresses of sexual predators who are not under the care,
392 custody, control, or supervision of the Department of
393 Corrections. Local law enforcement agencies shall report to the
394 department any failure by a sexual predator to comply with
395 registration requirements.
396 (a) A sexual predator must report in person each year
397 during the month of the sexual predator’s birthday and during
398 every third month thereafter to the sheriff’s office in the
399 county in which he or she resides or is otherwise located to
400 reregister. The sheriff’s office may determine the appropriate
401 times and days for reporting by the sexual predator, which shall
402 be consistent with the reporting requirements of this paragraph.
403 Reregistration shall include any changes to the following
404 information:
405 1. Name; social security number; age; race; sex; date of
406 birth; height; weight; hair and eye color; address of any
407 permanent residence and address of any current temporary
408 residence, within the state or out of state, including a rural
409 route address and a post office box; if no permanent or
410 temporary address, a specific sleeping location or location
411 where he or she is seeking shelter any transient residence
412 within the state; address, location or description, and dates of
413 any current or known future temporary residence, specific
414 sleeping location, or location where he or she is or will be
415 seeking shelter within the state or out of state; any electronic
416 mail address and any instant message name required to be
417 provided pursuant to subparagraph (6)(g)4.; home telephone
418 number and any cellular telephone number; date and place of any
419 employment; vehicle make, model, color, and license tag number;
420 fingerprints; and photograph. A post office box shall not be
421 provided in lieu of a physical residential address.
422 2. If the sexual predator is enrolled, employed, or
423 carrying on a vocation at an institution of higher education in
424 this state, the sexual predator shall also provide to the
425 department the name, address, and county of each institution,
426 including each campus attended, and the sexual predator’s
427 enrollment or employment status.
428 3. If the sexual predator’s place of residence is a motor
429 vehicle, trailer, mobile home, or manufactured home, as defined
430 in chapter 320, the sexual predator shall also provide the
431 vehicle identification number; the license tag number; the
432 registration number; and a description, including color scheme,
433 of the motor vehicle, trailer, mobile home, or manufactured
434 home. If the sexual predator’s place of residence is a vessel,
435 live-aboard vessel, or houseboat, as defined in chapter 327, the
436 sexual predator shall also provide the hull identification
437 number; the manufacturer’s serial number; the name of the
438 vessel, live-aboard vessel, or houseboat; the registration
439 number; and a description, including color scheme, of the
440 vessel, live-aboard vessel, or houseboat.
441 Section 3. Paragraph (c) of subsection (1), subsection (2),
442 paragraphs (a), (b), and (c) of subsection (4), subsections (7),
443 (8), and (10), and paragraph (c) of subsection (14) of section
444 943.0435, Florida Statutes, are amended to read:
445 943.0435 Sexual offenders required to register with the
446 department; penalty.—
447 (1) As used in this section, the term:
448 (c) “Permanent residence,” “temporary residence,” and
449 “homelessness” “transient residence” have the same meaning
450 ascribed in s. 775.21.
451 (2) A sexual offender shall:
452 (a) Report in person at the sheriff’s office:
453 1. In the county in which the offender establishes or
454 maintains a permanent or, temporary, or transient residence or
455 homelessness status within 48 hours after:
456 a. Establishing a permanent or, temporary, or transient
457 residence or a specific sleeping location or location where he
458 or she is seeking shelter in this state; or
459 b. Being released from the custody, control, or supervision
460 of the Department of Corrections or from the custody of a
461 private correctional facility; or
462 2. In the county where he or she was convicted within 48
463 hours after being convicted for a qualifying offense for
464 registration under this section if the offender is not in the
465 custody or control of, or under the supervision of, the
466 Department of Corrections, or is not in the custody of a private
467 correctional facility.
468
469 Any change in the information required to be provided pursuant
470 to paragraph (b), including, but not limited to, any change in
471 the sexual offender’s permanent or, temporary, or transient
472 residence or homelessness status, name, any electronic mail
473 address and any instant message name required to be provided
474 pursuant to paragraph (4)(d), after the sexual offender reports
475 in person at the sheriff’s office, shall be accomplished in the
476 manner provided in subsections (4), (7), and (8).
477 (b) Provide his or her name; date of birth; social security
478 number; race; sex; height; weight; hair and eye color; tattoos
479 or other identifying marks; occupation and place of employment;
480 address of permanent or legal residence or address of any
481 current temporary residence, within the state or out of state,
482 including a rural route address and a post office box; if no
483 permanent or temporary address, a specific sleeping location or
484 location where he or she is seeking shelter any transient
485 residence within the state, which the person must update in
486 person on a monthly basis to the sheriff’s office of the county
487 in which he or she is located as long as he or she has no
488 permanent or temporary address, address, location or
489 description, and dates of any current or known future temporary
490 residence, specific sleeping location, or location where he or
491 she is or will be seeking shelter within the state or out of
492 state; home telephone number and any cellular telephone number;
493 any electronic mail address and any instant message name
494 required to be provided pursuant to paragraph (4)(d); date and
495 place of each conviction; and a brief description of the crime
496 or crimes committed by the offender. A post office box shall not
497 be provided in lieu of a physical residential address.
498 1. If the sexual offender’s place of residence is a motor
499 vehicle, trailer, mobile home, or manufactured home, as defined
500 in chapter 320, the sexual offender shall also provide to the
501 department through the sheriff’s office written notice of the
502 vehicle identification number; the license tag number; the
503 registration number; and a description, including color scheme,
504 of the motor vehicle, trailer, mobile home, or manufactured
505 home. If the sexual offender’s place of residence is a vessel,
506 live-aboard vessel, or houseboat, as defined in chapter 327, the
507 sexual offender shall also provide to the department written
508 notice of the hull identification number; the manufacturer’s
509 serial number; the name of the vessel, live-aboard vessel, or
510 houseboat; the registration number; and a description, including
511 color scheme, of the vessel, live-aboard vessel, or houseboat.
512 2. If the sexual offender is enrolled, employed, or
513 carrying on a vocation at an institution of higher education in
514 this state, the sexual offender shall also provide to the
515 department through the sheriff’s office the name, address, and
516 county of each institution, including each campus attended, and
517 the sexual offender’s enrollment or employment status. Each
518 change in enrollment or employment status shall be reported in
519 person at the sheriff’s office, within 48 hours after any change
520 in status. The sheriff shall promptly notify each institution of
521 the sexual offender’s presence and any change in the sexual
522 offender’s enrollment or employment status.
523
524 When a sexual offender reports at the sheriff’s office, the
525 sheriff shall take a photograph and a set of fingerprints of the
526 offender and forward the photographs and fingerprints to the
527 department, along with the information provided by the sexual
528 offender. The sheriff shall promptly provide to the department
529 the information received from the sexual offender.
530 (4)(a) Each time a sexual offender’s driver’s license or
531 identification card is subject to renewal, and, without regard
532 to the status of the offender’s driver’s license or
533 identification card, within 48 hours after any change in the
534 offender’s permanent or, temporary, or transient residence,
535 specific sleeping location, or location where he or she is
536 seeking shelter or change in the offender’s name by reason of
537 marriage or other legal process, the offender shall report in
538 person to a driver’s license office, and shall be subject to the
539 requirements specified in subsection (3). The Department of
540 Highway Safety and Motor Vehicles shall forward to the
541 department all photographs and information provided by sexual
542 offenders. Notwithstanding the restrictions set forth in s.
543 322.142, the Department of Highway Safety and Motor Vehicles is
544 authorized to release a reproduction of a color-photograph or
545 digital-image license to the Department of Law Enforcement for
546 purposes of public notification of sexual offenders as provided
547 in this section and ss. 943.043 and 944.606.
548 (b) A sexual offender who vacates a permanent or,
549 temporary, or transient residence, specific sleeping location,
550 or location where he or she is seeking shelter and fails to
551 establish or maintain another permanent or, temporary, or
552 transient residence, specific sleeping location, or location
553 where he or she is seeking shelter shall, within 48 hours after
554 vacating the permanent or, temporary, or transient residence,
555 specific sleeping location, or location where he or she is
556 seeking shelter, report in person to the sheriff’s office of the
557 county in which he or she is located. A sexual offender who
558 remains homeless must report in person once a month to the
559 sheriff’s office of the county in which he or she is located and
560 register a specific sleeping location or location where he or
561 she is seeking shelter. The sexual offender shall specify the
562 date upon which he or she intends to or did vacate such
563 residence. The sexual offender must provide or update all of the
564 registration information required under paragraph (2)(b). The
565 sexual offender must provide an address for the residence or
566 other place that he or she is or will be located during the time
567 in which he or she fails to establish or maintain a permanent or
568 temporary residence.
569 (c) A sexual offender who remains at a permanent or,
570 temporary, or transient residence, specific sleeping location,
571 or location where he or she is seeking shelter after reporting
572 his or her intent to vacate such residence, specific sleeping
573 location, or location where he or she is seeking shelter shall,
574 within 48 hours after the date upon which the offender indicated
575 he or she would or did vacate such residence, specific sleeping
576 location, or location where he or she is seeking shelter, report
577 in person to the agency to which he or she reported pursuant to
578 paragraph (b) for the purpose of reporting his or her address at
579 such residence, specific sleeping location, or location where he
580 or she is seeking shelter. A sexual offender who fails to update
581 this registration on a monthly basis as required in paragraph
582 (b) violates this registration requirement. This registration is
583 in addition to any other registration mandated by this section.
584 If the offender claims to be homeless but actually has a
585 residence or place to live, he or she commits a violation of
586 this section. When the sheriff receives the report, the sheriff
587 shall promptly convey the information to the department. An
588 offender who makes a report as required under paragraph (b) but
589 fails to make a report as required under this paragraph commits
590 a felony of the second degree, punishable as provided in s.
591 775.082, s. 775.083, or s. 775.084.
592 (7) A sexual offender who intends to establish a permanent
593 or, temporary, or transient residence or homelessness status in
594 another state or jurisdiction other than the State of Florida
595 shall report in person to the sheriff of the county of current
596 residence, specific sleeping location, or location where he or
597 she is seeking shelter within 48 hours before the date he or she
598 intends to leave this state to establish residence or
599 homelessness status in another state or jurisdiction. The
600 notification must include the address, municipality, county, and
601 state of intended residence, specific sleeping location, or
602 location where he or she is seeking shelter. The sheriff shall
603 promptly provide to the department the information received from
604 the sexual offender. The department shall notify the statewide
605 law enforcement agency, or a comparable agency, in the intended
606 state or jurisdiction of residence or homelessness status of the
607 sexual offender’s intended residence, specific sleeping
608 location, or location where he or she is seeking shelter. The
609 failure of a sexual offender to provide his or her intended
610 place of residence, specific sleeping location, or location
611 where he or she is seeking shelter is punishable as provided in
612 subsection (9).
613 (8) A sexual offender who indicates his or her intent to
614 establish a permanent or, temporary, or transient residence or
615 homelessness status in another state or jurisdiction other than
616 the State of Florida and later decides to remain in this state
617 shall, within 48 hours after the date upon which the sexual
618 offender indicated he or she would leave this state, report in
619 person to the sheriff to which the sexual offender reported the
620 intended change of permanent or, temporary, or transient
621 residence or homelessness status, and report his or her intent
622 to remain in this state. The sheriff shall promptly report this
623 information to the department. A sexual offender who reports his
624 or her intent to establish a permanent or, temporary, or
625 transient residence or homelessness status in another state or
626 jurisdiction but who remains in this state without reporting to
627 the sheriff in the manner required by this subsection commits a
628 felony of the second degree, punishable as provided in s.
629 775.082, s. 775.083, or s. 775.084.
630 (10) The department, the Department of Highway Safety and
631 Motor Vehicles, the Department of Corrections, the Department of
632 Juvenile Justice, any law enforcement agency in this state, and
633 the personnel of those departments; an elected or appointed
634 official, public employee, or school administrator; or an
635 employee, agency, or any individual or entity acting at the
636 request or upon the direction of any law enforcement agency is
637 immune from civil liability for damages for good faith
638 compliance with the requirements of this section or for the
639 release of information under this section, and shall be presumed
640 to have acted in good faith in compiling, recording, reporting,
641 or releasing the information. The presumption of good faith is
642 not overcome if a technical or clerical error is made by the
643 department, the Department of Highway Safety and Motor Vehicles,
644 the Department of Corrections, the Department of Juvenile
645 Justice, the personnel of those departments, or any individual
646 or entity acting at the request or upon the direction of any of
647 those departments in compiling or providing information, or if
648 information is incomplete or incorrect because a sexual offender
649 fails to report or falsely reports his or her current place of
650 permanent or, temporary, or transient residence, specific
651 sleeping location, or location where he or she is seeking
652 shelter.
653 (14)
654 (c) The sheriff’s office may determine the appropriate
655 times and days for reporting by the sexual offender, which shall
656 be consistent with the reporting requirements of this
657 subsection. Reregistration shall include any changes to the
658 following information:
659 1. Name; social security number; age; race; sex; date of
660 birth; height; weight; hair and eye color; address of any
661 permanent residence and address of any current temporary
662 residence, within the state or out of state, including a rural
663 route address and a post office box; if no permanent or
664 temporary address, a specific sleeping location or location
665 where he or she is seeking shelter any transient residence
666 within the state; address, location or description, and dates of
667 any current or known future temporary residence, specific
668 sleeping location, or location where he or she is or will be
669 seeking shelter within the state or out of state; any electronic
670 mail address and any instant message name required to be
671 provided pursuant to paragraph (4)(d); home telephone number and
672 any cellular telephone number; date and place of any employment;
673 vehicle make, model, color, and license tag number;
674 fingerprints; and photograph. A post office box shall not be
675 provided in lieu of a physical residential address.
676 2. If the sexual offender is enrolled, employed, or
677 carrying on a vocation at an institution of higher education in
678 this state, the sexual offender shall also provide to the
679 department the name, address, and county of each institution,
680 including each campus attended, and the sexual offender’s
681 enrollment or employment status.
682 3. If the sexual offender’s place of residence is a motor
683 vehicle, trailer, mobile home, or manufactured home, as defined
684 in chapter 320, the sexual offender shall also provide the
685 vehicle identification number; the license tag number; the
686 registration number; and a description, including color scheme,
687 of the motor vehicle, trailer, mobile home, or manufactured
688 home. If the sexual offender’s place of residence is a vessel,
689 live-aboard vessel, or houseboat, as defined in chapter 327, the
690 sexual offender shall also provide the hull identification
691 number; the manufacturer’s serial number; the name of the
692 vessel, live-aboard vessel, or houseboat; the registration
693 number; and a description, including color scheme, of the
694 vessel, live-aboard vessel or houseboat.
695 4. Any sexual offender who fails to report in person as
696 required at the sheriff’s office, or who fails to respond to any
697 address verification correspondence from the department within 3
698 weeks of the date of the correspondence or who fails to report
699 electronic mail addresses or instant message names, commits a
700 felony of the third degree, punishable as provided in s.
701 775.082, s. 775.083, or s. 775.084.
702 Section 4. Paragraph (a) of subsection (3) of section
703 944.606, Florida Statutes, is amended to read:
704 944.606 Sexual offenders; notification upon release.—
705 (3)(a) The department must provide information regarding
706 any sexual offender who is being released after serving a period
707 of incarceration for any offense, as follows:
708 1. The department must provide: the sexual offender’s name,
709 any change in the offender’s name by reason of marriage or other
710 legal process, and any alias, if known; the correctional
711 facility from which the sexual offender is released; the sexual
712 offender’s social security number, race, sex, date of birth,
713 height, weight, and hair and eye color; address of any planned
714 permanent residence or temporary residence, within the state or
715 out of state, including a rural route address and a post office
716 box; if no permanent or temporary address, a specific sleeping
717 location or location where he or she is seeking shelter any
718 transient residence within the state; address, location or
719 description, and dates of any known future temporary residence,
720 specific sleeping location, or location where he or she is or
721 will be seeking shelter within the state or out of state; date
722 and county of sentence and each crime for which the offender was
723 sentenced; a copy of the offender’s fingerprints and a digitized
724 photograph taken within 60 days before release; the date of
725 release of the sexual offender; any electronic mail address and
726 any instant message name required to be provided pursuant to s.
727 943.0435(4)(d); and home telephone number and any cellular
728 telephone number. The department shall notify the Department of
729 Law Enforcement if the sexual offender escapes, absconds, or
730 dies. If the sexual offender is in the custody of a private
731 correctional facility, the facility shall take the digitized
732 photograph of the sexual offender within 60 days before the
733 sexual offender’s release and provide this photograph to the
734 Department of Corrections and also place it in the sexual
735 offender’s file. If the sexual offender is in the custody of a
736 local jail, the custodian of the local jail shall register the
737 offender within 3 business days after intake of the offender for
738 any reason and upon release, and shall notify the Department of
739 Law Enforcement of the sexual offender’s release and provide to
740 the Department of Law Enforcement the information specified in
741 this paragraph and any information specified in subparagraph 2.
742 that the Department of Law Enforcement requests.
743 2. The department may provide any other information deemed
744 necessary, including criminal and corrections records,
745 nonprivileged personnel and treatment records, when available.
746 Section 5. Paragraph (a) of subsection (4), paragraph (b)
747 of subsection (6), and paragraph (c) of subsection (13) of
748 section 944.607, Florida Statutes, are amended to read:
749 944.607 Notification to Department of Law Enforcement of
750 information on sexual offenders.—
751 (4) A sexual offender, as described in this section, who is
752 under the supervision of the Department of Corrections but is
753 not incarcerated must register with the Department of
754 Corrections within 3 business days after sentencing for a
755 registrable offense and otherwise provide information as
756 required by this subsection.
757 (a) The sexual offender shall provide his or her name; date
758 of birth; social security number; race; sex; height; weight;
759 hair and eye color; tattoos or other identifying marks; any
760 electronic mail address and any instant message name required to
761 be provided pursuant to s. 943.0435(4)(d); permanent or legal
762 residence and address of temporary residence within the state or
763 out of state while the sexual offender is under supervision in
764 this state, including any rural route address or post office
765 box; if no permanent or temporary address, a specific sleeping
766 location or location where he or she is seeking shelter any
767 transient residence within the state, which the person must
768 update in person on a monthly basis to the sheriff’s office of
769 the county in which he or she is located as long as he or she
770 has no permanent or temporary address; and address, location or
771 description, and dates of any current or known future temporary
772 residence, specific sleeping location, or location where he or
773 she is or will be seeking shelter within the state or out of
774 state. The Department of Corrections shall verify the address of
775 each sexual offender in the manner described in ss. 775.21 and
776 943.0435. The department shall report to the Department of Law
777 Enforcement any failure by a sexual predator or sexual offender
778 to comply with registration requirements.
779 (6) The information provided to the Department of Law
780 Enforcement must include:
781 (b) The sexual offender’s most current address, place of
782 permanent or, temporary, or transient residence, specific
783 sleeping location, or location where he or she is seeking
784 shelter within the state or out of state, and address, location
785 or description, and dates of any current or known future
786 temporary residence, specific sleeping location, or location
787 where he or she is or will be seeking shelter within the state
788 or out of state, while the sexual offender is under supervision
789 in this state, including the name of the county or municipality
790 in which the offender permanently or temporarily resides, or has
791 homelessness status a transient residence, and address, location
792 or description, and dates of any current or known future
793 temporary residence within the state or out of state, and, if
794 known, the intended place of permanent or, temporary, or
795 transient residence, specific sleeping location, or location
796 where he or she is seeking shelter, and address, location or
797 description, and dates of any current or known future specific
798 sleeping location or location where he or she is seeking shelter
799 temporary residence within the state or out of state upon
800 satisfaction of all sanctions;
801
802 If any information provided by the department changes during the
803 time the sexual offender is under the department’s control,
804 custody, or supervision, including any change in the offender’s
805 name by reason of marriage or other legal process, the
806 department shall, in a timely manner, update the information and
807 provide it to the Department of Law Enforcement in the manner
808 prescribed in subsection (2).
809 (13)
810 (c) The sheriff’s office may determine the appropriate
811 times and days for reporting by the sexual offender, which shall
812 be consistent with the reporting requirements of this
813 subsection. Reregistration shall include any changes to the
814 following information:
815 1. Name; social security number; age; race; sex; date of
816 birth; height; weight; hair and eye color; address of any
817 permanent residence and address of any current temporary
818 residence, within the state or out of state, including a rural
819 route address and a post office box; if no permanent or
820 temporary address, a specific sleeping location or location
821 where he or she is seeking shelter any transient residence;
822 address, location or description, and dates of any current or
823 known future temporary residence, specific sleeping location, or
824 location where he or she is or will be seeking shelter within
825 the state or out of state; any electronic mail address and any
826 instant message name required to be provided pursuant to s.
827 943.0435(4)(d); date and place of any employment; vehicle make,
828 model, color, and license tag number; fingerprints; and
829 photograph. A post office box shall not be provided in lieu of a
830 physical residential address.
831 2. If the sexual offender is enrolled, employed, or
832 carrying on a vocation at an institution of higher education in
833 this state, the sexual offender shall also provide to the
834 department the name, address, and county of each institution,
835 including each campus attended, and the sexual offender’s
836 enrollment or employment status.
837 3. If the sexual offender’s place of residence is a motor
838 vehicle, trailer, mobile home, or manufactured home, as defined
839 in chapter 320, the sexual offender shall also provide the
840 vehicle identification number; the license tag number; the
841 registration number; and a description, including color scheme,
842 of the motor vehicle, trailer, mobile home, or manufactured
843 home. If the sexual offender’s place of residence is a vessel,
844 live-aboard vessel, or houseboat, as defined in chapter 327, the
845 sexual offender shall also provide the hull identification
846 number; the manufacturer’s serial number; the name of the
847 vessel, live-aboard vessel, or houseboat; the registration
848 number; and a description, including color scheme, of the
849 vessel, live-aboard vessel or houseboat.
850 4. Any sexual offender who fails to report in person as
851 required at the sheriff’s office, or who fails to respond to any
852 address verification correspondence from the department within 3
853 weeks of the date of the correspondence, or who fails to report
854 electronic mail addresses or instant message names, commits a
855 felony of the third degree, punishable as provided in s.
856 775.082, s. 775.083, or s. 775.084.
857 Section 6. Paragraph (a) of subsection (3) of section
858 985.481, Florida Statutes, is amended to read:
859 985.481 Sexual offenders adjudicated delinquent;
860 notification upon release.—
861 (3)(a) The department must provide information regarding
862 any sexual offender who is being released after serving a period
863 of residential commitment under the department for any offense,
864 as follows:
865 1. The department must provide the sexual offender’s name,
866 any change in the offender’s name by reason of marriage or other
867 legal process, and any alias, if known; the correctional
868 facility from which the sexual offender is released; the sexual
869 offender’s social security number, race, sex, date of birth,
870 height, weight, and hair and eye color; address of any planned
871 permanent residence or temporary residence, within the state or
872 out of state, including a rural route address and a post office
873 box; if no permanent or temporary address, a specific sleeping
874 location or location where he or she is seeking shelter any
875 transient residence within the state; address, location or
876 description, and dates of any known future temporary residence,
877 specific sleeping location, or location where he or she is or
878 will be seeking shelter within the state or out of state; date
879 and county of disposition and each crime for which there was a
880 disposition; a copy of the offender’s fingerprints and a
881 digitized photograph taken within 60 days before release; the
882 date of release of the sexual offender; and home telephone
883 number and any cellular telephone number. The department shall
884 notify the Department of Law Enforcement if the sexual offender
885 escapes, absconds, or dies. If the sexual offender is in the
886 custody of a private correctional facility, the facility shall
887 take the digitized photograph of the sexual offender within 60
888 days before the sexual offender’s release and also place it in
889 the sexual offender’s file. If the sexual offender is in the
890 custody of a local jail, the custodian of the local jail shall
891 register the offender within 3 business days after intake of the
892 offender for any reason and upon release, and shall notify the
893 Department of Law Enforcement of the sexual offender’s release
894 and provide to the Department of Law Enforcement the information
895 specified in this subparagraph and any information specified in
896 subparagraph 2. which the Department of Law Enforcement
897 requests.
898 2. The department may provide any other information
899 considered necessary, including criminal and delinquency
900 records, when available.
901 Section 7. Paragraph (a) of subsection (4), paragraph (a)
902 of subsection (6), and paragraph (b) of subsection (13) of
903 section 985.4815, Florida Statutes, are amended to read:
904 985.4815 Notification to Department of Law Enforcement of
905 information on juvenile sexual offenders.—
906 (4) A sexual offender, as described in this section, who is
907 under the supervision of the department but who is not committed
908 must register with the department within 3 business days after
909 adjudication and disposition for a registrable offense and
910 otherwise provide information as required by this subsection.
911 (a) The sexual offender shall provide his or her name; date
912 of birth; social security number; race; sex; height; weight;
913 hair and eye color; tattoos or other identifying marks;
914 permanent or legal residence and address of temporary residence
915 within the state or out of state while the sexual offender is in
916 the care or custody or under the jurisdiction or supervision of
917 the department in this state, including any rural route address
918 or post office box; if no permanent or temporary address, a
919 specific sleeping location or location where he or she is
920 seeking shelter any transient residence; address, location or
921 description, and dates of any current or known future temporary
922 residence, specific sleeping location, or location where he or
923 she is or will be seeking shelter within the state or out of
924 state; and the name and address of each school attended. The
925 department shall verify the address of each sexual offender and
926 shall report to the Department of Law Enforcement any failure by
927 a sexual offender to comply with registration requirements.
928 (6)(a) The information provided to the Department of Law
929 Enforcement must include the following:
930 1. The information obtained from the sexual offender under
931 subsection (4).
932 2. The sexual offender’s most current address and place of
933 permanent or, temporary, or transient residence, specific
934 sleeping location, or location where he or she is seeking
935 shelter within the state or out of state, and address, location
936 or description, and dates of any current or known future
937 temporary residence, specific sleeping location, or location
938 where he or she is or will be seeking shelter within the state
939 or out of state, while the sexual offender is in the care or
940 custody or under the jurisdiction or supervision of the
941 department in this state, including the name of the county or
942 municipality in which the offender permanently or temporarily
943 resides, or has a specific sleeping location or location where
944 he or she is seeking shelter transient residence, and address,
945 location or description, and dates of any current or known
946 future temporary residence, specific sleeping location, or
947 location where he or she is or will be seeking shelter within
948 the state or out of state; and, if known, the intended place of
949 permanent or, temporary, or transient residence, specific
950 sleeping location, or location where he or she is or will be
951 seeking shelter, and address, location or description, and dates
952 of any current or known future temporary residence, specific
953 sleeping location, or location where he or she is or will be
954 seeking shelter within the state or out of state upon
955 satisfaction of all sanctions.
956 3. The legal status of the sexual offender and the
957 scheduled termination date of that legal status.
958 4. The location of, and local telephone number for, any
959 department office that is responsible for supervising the sexual
960 offender.
961 5. An indication of whether the victim of the offense that
962 resulted in the offender’s status as a sexual offender was a
963 minor.
964 6. The offense or offenses at adjudication and disposition
965 that resulted in the determination of the offender’s status as a
966 sex offender.
967 7. A digitized photograph of the sexual offender, which
968 must have been taken within 60 days before the offender was
969 released from the custody of the department or a private
970 correctional facility by expiration of sentence under s.
971 944.275, or within 60 days after the onset of the department’s
972 supervision of any sexual offender who is on probation,
973 postcommitment probation, residential commitment, nonresidential
974 commitment, licensed child-caring commitment, community control,
975 conditional release, parole, provisional release, or control
976 release or who is supervised by the department under the
977 Interstate Compact Agreement for Probationers and Parolees. If
978 the sexual offender is in the custody of a private correctional
979 facility, the facility shall take a digitized photograph of the
980 sexual offender within the time period provided in this
981 subparagraph and shall provide the photograph to the department.
982 (13)
983 (b) The sheriff’s office may determine the appropriate
984 times and days for reporting by the sexual offender, which shall
985 be consistent with the reporting requirements of this
986 subsection. Reregistration shall include any changes to the
987 following information:
988 1. Name; social security number; age; race; sex; date of
989 birth; height; weight; hair and eye color; address of any
990 permanent residence and address of any current temporary
991 residence, within the state or out of state, including a rural
992 route address and a post office box; if no permanent or
993 temporary address, a specific sleeping location or location
994 where he or she is seeking shelter any transient residence;
995 address, location or description, and dates of any current or
996 known future temporary residence, specific sleeping location, or
997 location where he or she is or will be seeking shelter within
998 the state or out of state; name and address of each school
999 attended; date and place of any employment; vehicle make, model,
1000 color, and license tag number; fingerprints; and photograph. A
1001 post office box shall not be provided in lieu of a physical
1002 residential address.
1003 2. If the sexual offender is enrolled, employed, or
1004 carrying on a vocation at an institution of higher education in
1005 this state, the sexual offender shall also provide to the
1006 department the name, address, and county of each institution,
1007 including each campus attended, and the sexual offender’s
1008 enrollment or employment status.
1009 3. If the sexual offender’s place of residence is a motor
1010 vehicle, trailer, mobile home, or manufactured home, as defined
1011 in chapter 320, the sexual offender shall also provide the
1012 vehicle identification number; the license tag number; the
1013 registration number; and a description, including color scheme,
1014 of the motor vehicle, trailer, mobile home, or manufactured
1015 home. If the sexual offender’s place of residence is a vessel,
1016 live-aboard vessel, or houseboat, as defined in chapter 327, the
1017 sexual offender shall also provide the hull identification
1018 number; the manufacturer’s serial number; the name of the
1019 vessel, live-aboard vessel, or houseboat; the registration
1020 number; and a description, including color scheme, of the
1021 vessel, live-aboard vessel, or houseboat.
1022 4. Any sexual offender who fails to report in person as
1023 required at the sheriff’s office, or who fails to respond to any
1024 address verification correspondence from the department within 3
1025 weeks after the date of the correspondence, commits a felony of
1026 the third degree, punishable as provided in ss. 775.082,
1027 775.083, and 775.084.
1028 Section 8. This act shall take effect July 1, 2011.