CS/HB 1277

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3amending s. 775.21, F.S.; replacing the definition of the
4term "instant message name" with the definition of the
5term "Internet identifier"; providing that voluntary
6disclosure of specified information waives a disclosure
7exemption for such information; conforming provisions;
8requiring disclosure of passport and immigration status
9information; requiring that a sexual predator who is
10unable to secure or update a driver's license or
11identification card within a specified period must report
12specified information to the local sheriff's office within
13a specified period after such change with confirmation
14that he or she also reported such information to the
15Department of Highway Safety and Motor Vehicles; revising
16reporting requirements if a sexual predator plans to leave
17the United States for more than a specified period;
18amending s. 943.0435, F.S.; replacing the definition of
19the term "instant message name" with the definition of the
20term "Internet identifier"; conforming provisions;
21requiring disclosure of passport and immigration status
22information; requiring that a sexual predator who is
23unable to secure or update a driver's license or
24identification card within a specified period must report
25specified information to the local sheriff's office within
26a specified period of such change with confirmation that
27he or she also reported such information to the Department
28of Highway Safety and Motor Vehicles; providing additional
29requirements for sexual offenders intending to reside
30outside of the United States; amending s. 943.04351, F.S.;
31requiring a specified national search of registration
32information regarding sexual predators and sexual
33offenders prior to appointment or employment of persons by
34state agencies and governmental subdivisions; amending s.
35943.04354, F.S.; revising the age range applicable to
36provisions allowing removal of the requirement to register
37as a sexual offender or sexual predator in certain
38circumstances; amending s. 943.0437, F.S.; replacing the
39definition of the term "instant message name" with the
40definition of the term "Internet identifier"; conforming
41provisions; amending ss. 944.606 and 944.607, F.S.;
42replacing the definition of the term "instant message
43name" with the definition of the term "Internet
44identifier"; conforming provisions; requiring disclosure
45of passport and immigration status information; amending
46s. 947.005, F.S.; revising the definition of the term
47"risk assessment"; amending s. 948.31, F.S.; providing
48that conditions imposed under that section do not require
49oral pronouncement at the time of sentencing and shall be
50considered standard conditions of probation or community
51control for certain offenders; removing a provision
52prohibiting contact with minors if sexual offender
53treatment is recommended; amending ss. 985.481 and
54985.4815, F.S.; requiring disclosure of passport and
55immigration status information by certain sexual offenders
56adjudicated delinquent and certain juvenile sexual
57offenders; providing severability; providing an effective
58date.
59
60Be It Enacted by the Legislature of the State of Florida:
61
62     Section 1.  Paragraph (i) of subsection (2), paragraphs
63(a), (e), (g), (i), and (j) of subsection (6), paragraph (a) of
64subsection (8), and paragraph (a) of subsection (10) of section
65775.21, Florida Statutes, are amended to read:
66     775.21  The Florida Sexual Predators Act.-
67     (2)  DEFINITIONS.-As used in this section, the term:
68     (i)  "Internet identifier Instant message name" means all
69electronic mail, chat, instant messenger, social networking, or
70similar name used for Internet communication, but does not
71include a date of birth, social security number, or personal
72identification number (PIN) an identifier that allows a person
73to communicate in real time with another person using the
74Internet. Voluntary disclosure by the sexual predator of his or
75her date of birth, social security number, or personal
76identification number (PIN) as an Internet identifier waives the
77disclosure exemption in this paragraph for such personal
78information.
79     (6)  REGISTRATION.-
80     (a)  A sexual predator must register with the department
81through the sheriff's office by providing the following
82information to the department:
83     1.  Name; social security number; age; race; sex; date of
84birth; height; weight; hair and eye color; photograph; address
85of legal residence and address of any current temporary
86residence, within the state or out of state, including a rural
87route address and a post office box; if no permanent or
88temporary address, any transient residence within the state;
89address, location or description, and dates of any current or
90known future temporary residence within the state or out of
91state; all any electronic mail addresses address and all
92Internet identifiers any instant message name required to be
93provided pursuant to subparagraph (g)4.; all home telephone
94numbers number and any cellular telephone numbers number; date
95and place of any employment; date and place of each conviction;
96fingerprints; and a brief description of the crime or crimes
97committed by the offender. A post office box shall not be
98provided in lieu of a physical residential address. The sexual
99predator must also produce or provide information about his or
100her passport, if he or she has a passport, and, if he or she is
101an alien, must produce or provide information about documents
102establishing his or her immigration status.
103     a.  If the sexual predator's place of residence is a motor
104vehicle, trailer, mobile home, or manufactured home, as defined
105in chapter 320, the sexual predator shall also provide to the
106department written notice of the vehicle identification number;
107the license tag number; the registration number; and a
108description, including color scheme, of the motor vehicle,
109trailer, mobile home, or manufactured home. If a sexual
110predator's place of residence is a vessel, live-aboard vessel,
111or houseboat, as defined in chapter 327, the sexual predator
112shall also provide to the department written notice of the hull
113identification number; the manufacturer's serial number; the
114name of the vessel, live-aboard vessel, or houseboat; the
115registration number; and a description, including color scheme,
116of the vessel, live-aboard vessel, or houseboat.
117     b.  If the sexual predator is enrolled, employed, or
118carrying on a vocation at an institution of higher education in
119this state, the sexual predator shall also provide to the
120department the name, address, and county of each institution,
121including each campus attended, and the sexual predator's
122enrollment or employment status. Each change in enrollment or
123employment status shall be reported in person at the sheriff's
124office, or the Department of Corrections if the sexual predator
125is in the custody or control of or under the supervision of the
126Department of Corrections, within 48 hours after any change in
127status. The sheriff or the Department of Corrections shall
128promptly notify each institution of the sexual predator's
129presence and any change in the sexual predator's enrollment or
130employment status.
131     2.  Any other information determined necessary by the
132department, including criminal and corrections records;
133nonprivileged personnel and treatment records; and evidentiary
134genetic markers when available.
135     (e)1.  If the sexual predator is not in the custody or
136control of, or under the supervision of, the Department of
137Corrections or is not in the custody of a private correctional
138facility, the sexual predator shall register in person:
139     a.  At the sheriff's office in the county where he or she
140establishes or maintains a residence within 48 hours after
141establishing or maintaining a residence in this state; and
142     b.  At the sheriff's office in the county where he or she
143was designated a sexual predator by the court within 48 hours
144after such finding is made.
145     2.  Any change in the sexual predator's permanent or
146temporary residence, name, or all any electronic mail addresses
147address and all Internet identifiers any instant message name
148required to be provided pursuant to subparagraph (g)4., after
149the sexual predator registers in person at the sheriff's office
150as provided in subparagraph 1., shall be accomplished in the
151manner provided in paragraphs (g), (i), and (j). When a sexual
152predator registers with the sheriff's office, the sheriff shall
153take a photograph and a set of fingerprints of the predator and
154forward the photographs and fingerprints to the department,
155along with the information that the predator is required to
156provide pursuant to this section.
157     (g)1.  Each time a sexual predator's driver's license or
158identification card is subject to renewal, and, without regard
159to the status of the predator's driver's license or
160identification card, within 48 hours after any change of the
161predator's residence or change in the predator's name by reason
162of marriage or other legal process, the predator shall report in
163person to a driver's license office and shall be subject to the
164requirements specified in paragraph (f). The Department of
165Highway Safety and Motor Vehicles shall forward to the
166department and to the Department of Corrections all photographs
167and information provided by sexual predators. Notwithstanding
168the restrictions set forth in s. 322.142, the Department of
169Highway Safety and Motor Vehicles is authorized to release a
170reproduction of a color-photograph or digital-image license to
171the Department of Law Enforcement for purposes of public
172notification of sexual predators as provided in this section. A
173sexual predator who is unable to secure or update a driver's
174license or identification card with the Department of Highway
175Safety and Motor Vehicles as provided in s. 943.0435(3) and (4)
176must also report any change of the predator's residence or
177change in the predator's name by reason of marriage or other
178legal process within 48 hours after the change to the sheriff's
179office in the county where the predator resides or is located
180and provide confirmation that he or she reported such
181information to the Department of Highway Safety and Motor
182Vehicles.
183     2.  A sexual predator who vacates a permanent, temporary,
184or transient residence and fails to establish or maintain
185another permanent, temporary, or transient residence shall,
186within 48 hours after vacating the permanent, temporary, or
187transient residence, report in person to the sheriff's office of
188the county in which he or she is located. The sexual predator
189shall specify the date upon which he or she intends to or did
190vacate such residence. The sexual predator must provide or
191update all of the registration information required under
192paragraph (a). The sexual predator must provide an address for
193the residence or other place that he or she is or will be
194located during the time in which he or she fails to establish or
195maintain a permanent or temporary residence.
196     3.  A sexual predator who remains at a permanent,
197temporary, or transient residence after reporting his or her
198intent to vacate such residence shall, within 48 hours after the
199date upon which the predator indicated he or she would or did
200vacate such residence, report in person to the sheriff's office
201to which he or she reported pursuant to subparagraph 2. for the
202purpose of reporting his or her address at such residence. When
203the sheriff receives the report, the sheriff shall promptly
204convey the information to the department. An offender who makes
205a report as required under subparagraph 2. but fails to make a
206report as required under this subparagraph commits a felony of
207the second degree, punishable as provided in s. 775.082, s.
208775.083, or s. 775.084.
209     4.  A sexual predator must register all any electronic mail
210addresses and Internet identifiers address or instant message
211name with the department prior to using such electronic mail
212addresses and Internet identifiers address or instant message
213name on or after October 1, 2007. The department shall establish
214an online system through which sexual predators may securely
215access and update all electronic mail address and Internet
216identifier instant message name information.
217     (i)  A sexual predator who intends to establish a
218permanent, temporary, or transient residence in another state or
219jurisdiction other than the State of Florida shall report in
220person to the sheriff of the county of current residence within
22148 hours before the date he or she intends to leave this state
222to establish residence in another state or jurisdiction or
223within 21 days before his or her planned departure date if the
224intended residence of 7 days or more is outside of the United
225States. The sexual predator must provide to the sheriff the
226address, municipality, county, and state, and country of
227intended residence. The sheriff shall promptly provide to the
228department the information received from the sexual predator.
229The department shall notify the statewide law enforcement
230agency, or a comparable agency, in the intended state, or
231jurisdiction, or country of residence of the sexual predator's
232intended residence. The failure of a sexual predator to provide
233his or her intended place of residence is punishable as provided
234in subsection (10).
235     (j)  A sexual predator who indicates his or her intent to
236establish a permanent, temporary, or transient residence in
237another state, a or jurisdiction other than the State of
238Florida, or another country and later decides to remain in this
239state shall, within 48 hours after the date upon which the
240sexual predator indicated he or she would leave this state,
241report in person to the sheriff to which the sexual predator
242reported the intended change of residence, and report his or her
243intent to remain in this state. If the sheriff is notified by
244the sexual predator that he or she intends to remain in this
245state, the sheriff shall promptly report this information to the
246department. A sexual predator who reports his or her intent to
247establish a permanent, temporary, or transient residence in
248another state, a or jurisdiction other than the State of
249Florida, or another country, but who remains in this state
250without reporting to the sheriff in the manner required by this
251paragraph, commits a felony of the second degree, punishable as
252provided in s. 775.082, s. 775.083, or s. 775.084.
253     (8)  VERIFICATION.-The department and the Department of
254Corrections shall implement a system for verifying the addresses
255of sexual predators. The system must be consistent with the
256provisions of the federal Adam Walsh Child Protection and Safety
257Act of 2006 and any other federal standards applicable to such
258verification or required to be met as a condition for the
259receipt of federal funds by the state. The Department of
260Corrections shall verify the addresses of sexual predators who
261are not incarcerated but who reside in the community under the
262supervision of the Department of Corrections and shall report to
263the department any failure by a sexual predator to comply with
264registration requirements. County and local law enforcement
265agencies, in conjunction with the department, shall verify the
266addresses of sexual predators who are not under the care,
267custody, control, or supervision of the Department of
268Corrections. Local law enforcement agencies shall report to the
269department any failure by a sexual predator to comply with
270registration requirements.
271     (a)  A sexual predator must report in person each year
272during the month of the sexual predator's birthday and during
273every third month thereafter to the sheriff's office in the
274county in which he or she resides or is otherwise located to
275reregister. The sheriff's office may determine the appropriate
276times and days for reporting by the sexual predator, which shall
277be consistent with the reporting requirements of this paragraph.
278Reregistration shall include any changes to the following
279information:
280     1.  Name; social security number; age; race; sex; date of
281birth; height; weight; hair and eye color; address of any
282permanent residence and address of any current temporary
283residence, within the state or out of state, including a rural
284route address and a post office box; if no permanent or
285temporary address, any transient residence within the state;
286address, location or description, and dates of any current or
287known future temporary residence within the state or out of
288state; all any electronic mail addresses address and all
289Internet identifiers any instant message name required to be
290provided pursuant to subparagraph (6)(g)4.; all home telephone
291numbers number and any cellular telephone numbers number; date
292and place of any employment; vehicle make, model, color, and
293license tag number; fingerprints; and photograph. A post office
294box shall not be provided in lieu of a physical residential
295address.
296     2.  If the sexual predator is enrolled, employed, or
297carrying on a vocation at an institution of higher education in
298this state, the sexual predator shall also provide to the
299department the name, address, and county of each institution,
300including each campus attended, and the sexual predator's
301enrollment or employment status.
302     3.  If the sexual predator's place of residence is a motor
303vehicle, trailer, mobile home, or manufactured home, as defined
304in chapter 320, the sexual predator shall also provide the
305vehicle identification number; the license tag number; the
306registration number; and a description, including color scheme,
307of the motor vehicle, trailer, mobile home, or manufactured
308home. If the sexual predator's place of residence is a vessel,
309live-aboard vessel, or houseboat, as defined in chapter 327, the
310sexual predator shall also provide the hull identification
311number; the manufacturer's serial number; the name of the
312vessel, live-aboard vessel, or houseboat; the registration
313number; and a description, including color scheme, of the
314vessel, live-aboard vessel, or houseboat.
315     (10)  PENALTIES.-
316     (a)  Except as otherwise specifically provided, a sexual
317predator who fails to register; who fails, after registration,
318to maintain, acquire, or renew a driver's license or
319identification card; who fails to provide required location
320information, electronic mail address information, Internet
321identifier instant message name information, all home telephone
322numbers number and any cellular telephone numbers number, or
323change-of-name information; who fails to make a required report
324in connection with vacating a permanent residence; who fails to
325reregister as required; who fails to respond to any address
326verification correspondence from the department within 3 weeks
327of the date of the correspondence; or who otherwise fails, by
328act or omission, to comply with the requirements of this
329section, commits a felony of the third degree, punishable as
330provided in s. 775.082, s. 775.083, or s. 775.084.
331     Section 2.  Paragraphs (a) and (g) of subsection (1),
332subsection (2), paragraphs (a) and (d) of subsection (4),
333subsections (7) and (8), and paragraph (c) of subsection (14) of
334section 943.0435, Florida Statutes, are amended to read:
335     943.0435  Sexual offenders required to register with the
336department; penalty.-
337     (1)  As used in this section, the term:
338     (a)1.  "Sexual offender" means a person who meets the
339criteria in sub-subparagraph a., sub-subparagraph b., sub-
340subparagraph c., or sub-subparagraph d., as follows:
341     a.(I)  Has been convicted of committing, or attempting,
342soliciting, or conspiring to commit, any of the criminal
343offenses proscribed in the following statutes in this state or
344similar offenses in another jurisdiction: s. 787.01, s. 787.02,
345or s. 787.025(2)(c), where the victim is a minor and the
346defendant is not the victim's parent or guardian; s. 794.011,
347excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
348800.04; s. 825.1025; s. 826.04 where the victim is a minor and
349the defendant is 18 years of age or older; s. 827.071; s.
350847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
351847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
352committed in this state which has been redesignated from a
353former statute number to one of those listed in this sub-sub-
354subparagraph; and
355     (II)  Has been released on or after October 1, 1997, from
356the sanction imposed for any conviction of an offense described
357in sub-sub-subparagraph (I). For purposes of sub-sub-
358subparagraph (I), a sanction imposed in this state or in any
359other jurisdiction includes, but is not limited to, a fine,
360probation, community control, parole, conditional release,
361control release, or incarceration in a state prison, federal
362prison, private correctional facility, or local detention
363facility;
364     b.  Establishes or maintains a residence in this state and
365who has not been designated as a sexual predator by a court of
366this state but who has been designated as a sexual predator, as
367a sexually violent predator, or by another sexual offender
368designation in another state or jurisdiction and was, as a
369result of such designation, subjected to registration or
370community or public notification, or both, or would be if the
371person were a resident of that state or jurisdiction, without
372regard to whether the person otherwise meets the criteria for
373registration as a sexual offender;
374     c.  Establishes or maintains a residence in this state who
375is in the custody or control of, or under the supervision of,
376any other state or jurisdiction as a result of a conviction for
377committing, or attempting, soliciting, or conspiring to commit,
378any of the criminal offenses proscribed in the following
379statutes or similar offense in another jurisdiction: s. 787.01,
380s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
381the defendant is not the victim's parent or guardian; s.
382794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
383796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
384minor and the defendant is 18 years of age or older; s. 827.071;
385s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
386s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
387offense committed in this state which has been redesignated from
388a former statute number to one of those listed in this sub-
389subparagraph; or
390     d.  On or after July 1, 2007, has been adjudicated
391delinquent for committing, or attempting, soliciting, or
392conspiring to commit, any of the criminal offenses proscribed in
393the following statutes in this state or similar offenses in
394another jurisdiction when the juvenile was 14 years of age or
395older at the time of the offense:
396     (I)  Section 794.011, excluding s. 794.011(10);
397     (II)  Section 800.04(4)(b) where the victim is under 12
398years of age or where the court finds sexual activity by the use
399of force or coercion;
400     (III)  Section 800.04(5)(c)1. where the court finds
401molestation involving unclothed genitals; or
402     (IV)  Section 800.04(5)(d) where the court finds the use of
403force or coercion and unclothed genitals.
404     2.  For all qualifying offenses listed in sub-subparagraph
405(1)(a)1.d., the court shall make a written finding of the age of
406the offender at the time of the offense.
407
408For each violation of a qualifying offense listed in this
409subsection, the court shall make a written finding of the age of
410the victim at the time of the offense. For a violation of s.
411800.04(4), the court shall additionally make a written finding
412indicating that the offense did or did not involve sexual
413activity and indicating that the offense did or did not involve
414force or coercion. For a violation of s. 800.04(5), the court
415shall additionally make a written finding that the offense did
416or did not involve unclothed genitals or genital area and that
417the offense did or did not involve the use of force or coercion.
418     (g)  "Internet identifier Instant message name" has the
419same meaning as provided in s. 775.21 means an identifier that
420allows a person to communicate in real time with another person
421using the Internet.
422     (2)  A sexual offender shall:
423     (a)  Report in person at the sheriff's office:
424     1.  In the county in which the offender establishes or
425maintains a permanent, temporary, or transient residence within
42648 hours after:
427     a.  Establishing permanent, temporary, or transient
428residence in this state; or
429     b.  Being released from the custody, control, or
430supervision of the Department of Corrections or from the custody
431of a private correctional facility; or
432     2.  In the county where he or she was convicted within 48
433hours after being convicted for a qualifying offense for
434registration under this section if the offender is not in the
435custody or control of, or under the supervision of, the
436Department of Corrections, or is not in the custody of a private
437correctional facility.
438
439Any change in the information required to be provided pursuant
440to paragraph (b), including, but not limited to, any change in
441the sexual offender's permanent, temporary, or transient
442residence, name, all any electronic mail addresses address and
443all Internet identifiers any instant message name required to be
444provided pursuant to paragraph (4)(d), after the sexual offender
445reports in person at the sheriff's office, shall be accomplished
446in the manner provided in subsections (4), (7), and (8).
447     (b)  Provide his or her name; date of birth; social
448security number; race; sex; height; weight; hair and eye color;
449tattoos or other identifying marks; occupation and place of
450employment; address of permanent or legal residence or address
451of any current temporary residence, within the state or out of
452state, including a rural route address and a post office box; if
453no permanent or temporary address, any transient residence
454within the state, address, location or description, and dates of
455any current or known future temporary residence within the state
456or out of state; all home telephone numbers number and any
457cellular telephone numbers number; all any electronic mail
458addresses address and all Internet identifiers any instant
459message name required to be provided pursuant to paragraph
460(4)(d); date and place of each conviction; and a brief
461description of the crime or crimes committed by the offender. A
462post office box shall not be provided in lieu of a physical
463residential address. The sexual offender must also produce or
464provide information about his or her passport, if he or she has
465a passport, and, if he or she is an alien, must produce or
466provide information about documents establishing his or her
467immigration status.
468     1.  If the sexual offender's place of residence is a motor
469vehicle, trailer, mobile home, or manufactured home, as defined
470in chapter 320, the sexual offender shall also provide to the
471department through the sheriff's office written notice of the
472vehicle identification number; the license tag number; the
473registration number; and a description, including color scheme,
474of the motor vehicle, trailer, mobile home, or manufactured
475home. If the sexual offender's place of residence is a vessel,
476live-aboard vessel, or houseboat, as defined in chapter 327, the
477sexual offender shall also provide to the department written
478notice of the hull identification number; the manufacturer's
479serial number; the name of the vessel, live-aboard vessel, or
480houseboat; the registration number; and a description, including
481color scheme, of the vessel, live-aboard vessel, or houseboat.
482     2.  If the sexual offender is enrolled, employed, or
483carrying on a vocation at an institution of higher education in
484this state, the sexual offender shall also provide to the
485department through the sheriff's office the name, address, and
486county of each institution, including each campus attended, and
487the sexual offender's enrollment or employment status. Each
488change in enrollment or employment status shall be reported in
489person at the sheriff's office, within 48 hours after any change
490in status. The sheriff shall promptly notify each institution of
491the sexual offender's presence and any change in the sexual
492offender's enrollment or employment status.
493
494When a sexual offender reports at the sheriff's office, the
495sheriff shall take a photograph and a set of fingerprints of the
496offender and forward the photographs and fingerprints to the
497department, along with the information provided by the sexual
498offender. The sheriff shall promptly provide to the department
499the information received from the sexual offender.
500     (4)(a)  Each time a sexual offender's driver's license or
501identification card is subject to renewal, and, without regard
502to the status of the offender's driver's license or
503identification card, within 48 hours after any change in the
504offender's permanent, temporary, or transient residence or
505change in the offender's name by reason of marriage or other
506legal process, the offender shall report in person to a driver's
507license office, and shall be subject to the requirements
508specified in subsection (3). The Department of Highway Safety
509and Motor Vehicles shall forward to the department all
510photographs and information provided by sexual offenders.
511Notwithstanding the restrictions set forth in s. 322.142, the
512Department of Highway Safety and Motor Vehicles is authorized to
513release a reproduction of a color-photograph or digital-image
514license to the Department of Law Enforcement for purposes of
515public notification of sexual offenders as provided in this
516section and ss. 943.043 and 944.606. A sexual offender who is
517unable to secure or update a driver's license or identification
518card with the Department of Highway Safety and Motor Vehicles as
519provided in subsection (3) and this subsection must also report
520any change in the sexual offender's permanent, temporary, or
521transient residence or change in the offender's name by reason
522of marriage or other legal process within 48 hours after the
523change to the sheriff's office in the county where the offender
524resides or is located and provide confirmation that he or she
525reported such information to Department of Highway Safety and
526Motor Vehicles.
527     (d)  A sexual offender must register all any electronic
528mail addresses and Internet identifiers address or instant
529message name with the department prior to using such electronic
530mail addresses and Internet identifiers address or instant
531message name on or after October 1, 2007. The department shall
532establish an online system through which sexual offenders may
533securely access and update all electronic mail address and
534Internet identifier instant message name information.
535     (7)  A sexual offender who intends to establish a
536permanent, temporary, or transient residence in another state or
537jurisdiction other than the State of Florida shall report in
538person to the sheriff of the county of current residence within
53948 hours before the date he or she intends to leave this state
540to establish residence in another state or jurisdiction or
541within 21 days before his or her planned departure date if the
542intended residence of 7 days or more is outside of the United
543States. The notification must include the address, municipality,
544county, and state, and country of intended residence. The
545sheriff shall promptly provide to the department the information
546received from the sexual offender. The department shall notify
547the statewide law enforcement agency, or a comparable agency, in
548the intended state, or jurisdiction, or country of residence of
549the sexual offender's intended residence. The failure of a
550sexual offender to provide his or her intended place of
551residence is punishable as provided in subsection (9).
552     (8)  A sexual offender who indicates his or her intent to
553establish a permanent, temporary, or transient residence in
554another state, a or jurisdiction other than the State of
555Florida, or another country and later decides to remain in this
556state shall, within 48 hours after the date upon which the
557sexual offender indicated he or she would leave this state,
558report in person to the sheriff to which the sexual offender
559reported the intended change of permanent, temporary, or
560transient residence, and report his or her intent to remain in
561this state. The sheriff shall promptly report this information
562to the department. A sexual offender who reports his or her
563intent to establish a permanent, temporary, or transient
564residence in another state, a or jurisdiction other than the
565State of Florida, or another country but who remains in this
566state without reporting to the sheriff in the manner required by
567this subsection commits a felony of the second degree,
568punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
569     (14)
570     (c)  The sheriff's office may determine the appropriate
571times and days for reporting by the sexual offender, which shall
572be consistent with the reporting requirements of this
573subsection. Reregistration shall include any changes to the
574following information:
575     1.  Name; social security number; age; race; sex; date of
576birth; height; weight; hair and eye color; address of any
577permanent residence and address of any current temporary
578residence, within the state or out of state, including a rural
579route address and a post office box; if no permanent or
580temporary address, any transient residence within the state;
581address, location or description, and dates of any current or
582known future temporary residence within the state or out of
583state; all any electronic mail addresses address and all
584Internet identifiers any instant message name required to be
585provided pursuant to paragraph (4)(d); all home telephone
586numbers number and all any cellular telephone numbers number;
587date and place of any employment; vehicle make, model, color,
588and license tag number; fingerprints; and photograph. A post
589office box shall not be provided in lieu of a physical
590residential address.
591     2.  If the sexual offender is enrolled, employed, or
592carrying on a vocation at an institution of higher education in
593this state, the sexual offender shall also provide to the
594department the name, address, and county of each institution,
595including each campus attended, and the sexual offender's
596enrollment or employment status.
597     3.  If the sexual offender's place of residence is a motor
598vehicle, trailer, mobile home, or manufactured home, as defined
599in chapter 320, the sexual offender shall also provide the
600vehicle identification number; the license tag number; the
601registration number; and a description, including color scheme,
602of the motor vehicle, trailer, mobile home, or manufactured
603home. If the sexual offender's place of residence is a vessel,
604live-aboard vessel, or houseboat, as defined in chapter 327, the
605sexual offender shall also provide the hull identification
606number; the manufacturer's serial number; the name of the
607vessel, live-aboard vessel, or houseboat; the registration
608number; and a description, including color scheme, of the
609vessel, live-aboard vessel or houseboat.
610     4.  Any sexual offender who fails to report in person as
611required at the sheriff's office, or who fails to respond to any
612address verification correspondence from the department within 3
613weeks of the date of the correspondence or who fails to report
614all electronic mail addresses and all Internet identifiers or
615instant message names, commits a felony of the third degree,
616punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
617     Section 3.  Section 943.04351, Florida Statutes, is amended
618to read:
619     943.04351  Search of registration information regarding
620sexual predators and sexual offenders required prior to
621appointment or employment.-A state agency or governmental
622subdivision, prior to making any decision to appoint or employ a
623person to work, whether for compensation or as a volunteer, at
624any park, playground, day care center, or other place where
625children regularly congregate, must conduct a search of that
626person's name or other identifying information against the
627registration information regarding sexual predators and sexual
628offenders maintained by the Department of Law Enforcement under
629s. 943.043. The agency or governmental subdivision may conduct
630the search using the Internet site maintained by the Department
631of Law Enforcement. Also, a national search must be conducted
632through the Dru Sjodin National Sex Offender Public Website
633maintained by the United States Department of Justice. This
634section does not apply to those positions or appointments within
635a state agency or governmental subdivision for which a state and
636national criminal history background check is conducted.
637     Section 4.  Subsection (1) of section 943.04354, Florida
638Statutes, is amended to read:
639     943.04354  Removal of the requirement to register as a
640sexual offender or sexual predator in special circumstances.-
641     (1)  For purposes of this section, a person shall be
642considered for removal of the requirement to register as a
643sexual offender or sexual predator only if the person:
644     (a)  Was or will be convicted or adjudicated delinquent of
645a violation of s. 794.011, s. 800.04, s. 827.071, or s.
646847.0135(5) or the person committed a violation of s. 794.011,
647s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
648of guilt was or will be withheld, and the person does not have
649any other conviction, adjudication of delinquency, or withhold
650of adjudication of guilt for a violation of s. 794.011, s.
651800.04, s. 827.071, or s. 847.0135(5);
652     (b)  Is required to register as a sexual offender or sexual
653predator solely on the basis of this violation; and
654     (c)  Is not more than 4 years older than the victim of this
655violation who was 13 14 years of age or older but not more than
65618 17 years of age at the time the person committed this
657violation.
658     Section 5.  Subsection (2) and paragraph (a) of subsection
659(3) of section 943.0437, Florida Statutes, are amended to read:
660     943.0437  Commercial social networking websites.-
661     (2)  The department may provide information relating to
662electronic mail addresses and Internet identifiers instant
663message names maintained as part of the sexual offender registry
664to commercial social networking websites or third parties
665designated by commercial social networking websites. The
666commercial social networking website may use this information
667for the purpose of comparing registered users and screening
668potential users of the commercial social networking website
669against the list of electronic mail addresses and Internet
670identifiers instant message names provided by the department.
671     (3)  This section shall not be construed to impose any
672civil liability on a commercial social networking website for:
673     (a)  Any action voluntarily taken in good faith to remove
674or disable any profile of a registered user associated with an
675electronic mail address or Internet identifier instant message
676name contained in the sexual offender registry.
677     Section 6.  Paragraphs (b) and (d) of subsection (1) and
678paragraph (a) of subsection (3) of section 944.606, Florida
679Statutes, are amended to read:
680     944.606  Sexual offenders; notification upon release.-
681     (1)  As used in this section:
682     (b)  "Sexual offender" means a person who has been
683convicted of committing, or attempting, soliciting, or
684conspiring to commit, any of the criminal offenses proscribed in
685the following statutes in this state or similar offenses in
686another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
687where the victim is a minor and the defendant is not the
688victim's parent or guardian; s. 794.011, excluding s.
689794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
690825.1025; s. 826.04 where the victim is a minor and the
691defendant is 18 years of age or older; s. 827.071; s. 847.0133;
692s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
693s. 847.0145; or s. 985.701(1); or any similar offense committed
694in this state which has been redesignated from a former statute
695number to one of those listed in this subsection, when the
696department has received verified information regarding such
697conviction; an offender's computerized criminal history record
698is not, in and of itself, verified information.
699     (d)  "Internet identifier Instant message name" has the
700same meaning as provided in s. 775.21 means an identifier that
701allows a person to communicate in real time with another person
702using the Internet.
703     (3)(a)  The department must provide information regarding
704any sexual offender who is being released after serving a period
705of incarceration for any offense, as follows:
706     1.  The department must provide: the sexual offender's
707name, any change in the offender's name by reason of marriage or
708other legal process, and any alias, if known; the correctional
709facility from which the sexual offender is released; the sexual
710offender's social security number, race, sex, date of birth,
711height, weight, and hair and eye color; address of any planned
712permanent residence or temporary residence, within the state or
713out of state, including a rural route address and a post office
714box; if no permanent or temporary address, any transient
715residence within the state; address, location or description,
716and dates of any known future temporary residence within the
717state or out of state; date and county of sentence and each
718crime for which the offender was sentenced; a copy of the
719offender's fingerprints and a digitized photograph taken within
72060 days before release; the date of release of the sexual
721offender; all any electronic mail addresses address and all
722Internet identifiers any instant message name required to be
723provided pursuant to s. 943.0435(4)(d); all and home telephone
724numbers number and any cellular telephone numbers; and passport
725information, if he or she has a passport, and, if he or she is
726an alien, information about documents establishing his or her
727immigration status number. The department shall notify the
728Department of Law Enforcement if the sexual offender escapes,
729absconds, or dies. If the sexual offender is in the custody of a
730private correctional facility, the facility shall take the
731digitized photograph of the sexual offender within 60 days
732before the sexual offender's release and provide this photograph
733to the Department of Corrections and also place it in the sexual
734offender's file. If the sexual offender is in the custody of a
735local jail, the custodian of the local jail shall register the
736offender within 3 business days after intake of the offender for
737any reason and upon release, and shall notify the Department of
738Law Enforcement of the sexual offender's release and provide to
739the Department of Law Enforcement the information specified in
740this paragraph and any information specified in subparagraph 2.
741that the Department of Law Enforcement requests.
742     2.  The department may provide any other information deemed
743necessary, including criminal and corrections records,
744nonprivileged personnel and treatment records, when available.
745     Section 7.  Paragraphs (a) and (f) of subsection (1),
746paragraph (a) of subsection (4), and paragraph (c) of subsection
747(13) of section 944.607, Florida Statutes, are amended to read:
748     944.607  Notification to Department of Law Enforcement of
749information on sexual offenders.-
750     (1)  As used in this section, the term:
751     (a)  "Sexual offender" means a person who is in the custody
752or control of, or under the supervision of, the department or is
753in the custody of a private correctional facility:
754     1.  On or after October 1, 1997, as a result of a
755conviction for committing, or attempting, soliciting, or
756conspiring to commit, any of the criminal offenses proscribed in
757the following statutes in this state or similar offenses in
758another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
759where the victim is a minor and the defendant is not the
760victim's parent or guardian; s. 794.011, excluding s.
761794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
762825.1025; s. 826.04 where the victim is a minor and the
763defendant is 18 years of age or older; s. 827.071; s. 847.0133;
764s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
765s. 847.0145; or s. 985.701(1); or any similar offense committed
766in this state which has been redesignated from a former statute
767number to one of those listed in this paragraph; or
768     2.  Who establishes or maintains a residence in this state
769and who has not been designated as a sexual predator by a court
770of this state but who has been designated as a sexual predator,
771as a sexually violent predator, or by another sexual offender
772designation in another state or jurisdiction and was, as a
773result of such designation, subjected to registration or
774community or public notification, or both, or would be if the
775person were a resident of that state or jurisdiction, without
776regard as to whether the person otherwise meets the criteria for
777registration as a sexual offender.
778     (f)  "Internet identifier Instant message name" has the
779same meaning as provided in s. 775.21 means an identifier that
780allows a person to communicate in real time with another person
781using the Internet.
782     (4)  A sexual offender, as described in this section, who
783is under the supervision of the Department of Corrections but is
784not incarcerated must register with the Department of
785Corrections within 3 business days after sentencing for a
786registrable offense and otherwise provide information as
787required by this subsection.
788     (a)  The sexual offender shall provide his or her name;
789date of birth; social security number; race; sex; height;
790weight; hair and eye color; tattoos or other identifying marks;
791all any electronic mail addresses address and all Internet
792identifiers any instant message name required to be provided
793pursuant to s. 943.0435(4)(d); permanent or legal residence and
794address of temporary residence within the state or out of state
795while the sexual offender is under supervision in this state,
796including any rural route address or post office box; if no
797permanent or temporary address, any transient residence within
798the state; and address, location or description, and dates of
799any current or known future temporary residence within the state
800or out of state. The sexual offender must also produce or
801provide information about his or her passport, if he or she has
802a passport, and, if he or she is an alien, must produce or
803provide information about documents establishing his or her
804immigration status. The Department of Corrections shall verify
805the address of each sexual offender in the manner described in
806ss. 775.21 and 943.0435. The department shall report to the
807Department of Law Enforcement any failure by a sexual predator
808or sexual offender to comply with registration requirements.
809     (13)
810     (c)  The sheriff's office may determine the appropriate
811times and days for reporting by the sexual offender, which shall
812be consistent with the reporting requirements of this
813subsection. Reregistration shall include any changes to the
814following information:
815     1.  Name; social security number; age; race; sex; date of
816birth; height; weight; hair and eye color; address of any
817permanent residence and address of any current temporary
818residence, within the state or out of state, including a rural
819route address and a post office box; if no permanent or
820temporary address, any transient residence; address, location or
821description, and dates of any current or known future temporary
822residence within the state or out of state; all any electronic
823mail addresses address and all Internet identifiers any instant
824message name required to be provided pursuant to s.
825943.0435(4)(d); date and place of any employment; vehicle make,
826model, color, and license tag number; fingerprints; and
827photograph. A post office box shall not be provided in lieu of a
828physical residential address.
829     2.  If the sexual offender is enrolled, employed, or
830carrying on a vocation at an institution of higher education in
831this state, the sexual offender shall also provide to the
832department the name, address, and county of each institution,
833including each campus attended, and the sexual offender's
834enrollment or employment status.
835     3.  If the sexual offender's place of residence is a motor
836vehicle, trailer, mobile home, or manufactured home, as defined
837in chapter 320, the sexual offender shall also provide the
838vehicle identification number; the license tag number; the
839registration number; and a description, including color scheme,
840of the motor vehicle, trailer, mobile home, or manufactured
841home. If the sexual offender's place of residence is a vessel,
842live-aboard vessel, or houseboat, as defined in chapter 327, the
843sexual offender shall also provide the hull identification
844number; the manufacturer's serial number; the name of the
845vessel, live-aboard vessel, or houseboat; the registration
846number; and a description, including color scheme, of the
847vessel, live-aboard vessel or houseboat.
848     4.  Any sexual offender who fails to report in person as
849required at the sheriff's office, or who fails to respond to any
850address verification correspondence from the department within 3
851weeks of the date of the correspondence, or who fails to report
852all electronic mail addresses and all Internet identifiers or
853instant message names, commits a felony of the third degree,
854punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
855     Section 8.  Subsection (11) of section 947.005, Florida
856Statutes, is amended to read:
857     947.005  Definitions.-As used in this chapter, unless the
858context clearly indicates otherwise:
859     (11)  "Risk assessment" means an assessment completed by a
860an independent qualified practitioner to evaluate the level of
861risk associated when a sex offender has contact with a child.
862     Section 9.  Section 948.31, Florida Statutes, is amended to
863read:
864     948.31  Evaluation and treatment of sexual predators and
865offenders on probation or community control.-Conditions imposed
866pursuant to this section do not require oral pronouncement at
867the time of sentencing and shall be considered standard
868conditions of probation or community control for offenders
869specified in this section. The court shall require an evaluation
870by a qualified practitioner to determine the need of a
871probationer or community controllee for treatment. If the court
872determines that a need therefor is established by the evaluation
873process, the court shall require sexual offender treatment as a
874term or condition of probation or community control for any
875person who is required to register as a sexual predator under s.
876775.21 or sexual offender under s. 943.0435, s. 944.606, or s.
877944.607. Such treatment shall be required to be obtained from a
878qualified practitioner as defined in s. 948.001. Treatment may
879not be administered by a qualified practitioner who has been
880convicted or adjudicated delinquent of committing, or
881attempting, soliciting, or conspiring to commit, any offense
882that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
883impose a restriction against contact with minors if sexual
884offender treatment is recommended. The evaluation and
885recommendations for treatment of the probationer or community
886controllee shall be provided to the court for review.
887     Section 10.  Paragraph (a) of subsection (3) of section
888985.481, Florida Statutes, is amended to read:
889     985.481  Sexual offenders adjudicated delinquent;
890notification upon release.-
891     (3)(a)  The department must provide information regarding
892any sexual offender who is being released after serving a period
893of residential commitment under the department for any offense,
894as follows:
895     1.  The department must provide the sexual offender's name,
896any change in the offender's name by reason of marriage or other
897legal process, and any alias, if known; the correctional
898facility from which the sexual offender is released; the sexual
899offender's social security number, race, sex, date of birth,
900height, weight, and hair and eye color; address of any planned
901permanent residence or temporary residence, within the state or
902out of state, including a rural route address and a post office
903box; if no permanent or temporary address, any transient
904residence within the state; address, location or description,
905and dates of any known future temporary residence within the
906state or out of state; date and county of disposition and each
907crime for which there was a disposition; a copy of the
908offender's fingerprints and a digitized photograph taken within
90960 days before release; the date of release of the sexual
910offender; all and home telephone numbers number and any cellular
911telephone numbers; and passport information, if he or she has a
912passport, and, if he or she is an alien, information about
913documents establishing his or her immigration status number. The
914department shall notify the Department of Law Enforcement if the
915sexual offender escapes, absconds, or dies. If the sexual
916offender is in the custody of a private correctional facility,
917the facility shall take the digitized photograph of the sexual
918offender within 60 days before the sexual offender's release and
919also place it in the sexual offender's file. If the sexual
920offender is in the custody of a local jail, the custodian of the
921local jail shall register the offender within 3 business days
922after intake of the offender for any reason and upon release,
923and shall notify the Department of Law Enforcement of the sexual
924offender's release and provide to the Department of Law
925Enforcement the information specified in this subparagraph and
926any information specified in subparagraph 2. which the
927Department of Law Enforcement requests.
928     2.  The department may provide any other information
929considered necessary, including criminal and delinquency
930records, when available.
931     Section 11.  Paragraph (a) of subsection (4) and paragraph
932(b) of subsection (13) of section 985.4815, Florida Statutes,
933are amended to read:
934     985.4815  Notification to Department of Law Enforcement of
935information on juvenile sexual offenders.-
936     (4)  A sexual offender, as described in this section, who
937is under the supervision of the department but who is not
938committed must register with the department within 3 business
939days after adjudication and disposition for a registrable
940offense and otherwise provide information as required by this
941subsection.
942     (a)  The sexual offender shall provide his or her name;
943date of birth; social security number; race; sex; height;
944weight; hair and eye color; tattoos or other identifying marks;
945permanent or legal residence and address of temporary residence
946within the state or out of state while the sexual offender is in
947the care or custody or under the jurisdiction or supervision of
948the department in this state, including any rural route address
949or post office box; if no permanent or temporary address, any
950transient residence; address, location or description, and dates
951of any current or known future temporary residence within the
952state or out of state; passport information, if he or she has a
953passport, and, if he or she is an alien, information about
954documents establishing his or her immigration status; and the
955name and address of each school attended. The department shall
956verify the address of each sexual offender and shall report to
957the Department of Law Enforcement any failure by a sexual
958offender to comply with registration requirements.
959     (13)
960     (b)  The sheriff's office may determine the appropriate
961times and days for reporting by the sexual offender, which shall
962be consistent with the reporting requirements of this
963subsection. Reregistration shall include any changes to the
964following information:
965     1.  Name; social security number; age; race; sex; date of
966birth; height; weight; hair and eye color; address of any
967permanent residence and address of any current temporary
968residence, within the state or out of state, including a rural
969route address and a post office box; if no permanent or
970temporary address, any transient residence; address, location or
971description, and dates of any current or known future temporary
972residence within the state or out of state; passport
973information, if he or she has a passport, and, if he or she is
974an alien, information about documents establishing his or her
975immigration status; name and address of each school attended;
976date and place of any employment; vehicle make, model, color,
977and license tag number; fingerprints; and photograph. A post
978office box shall not be provided in lieu of a physical
979residential address.
980     2.  If the sexual offender is enrolled, employed, or
981carrying on a vocation at an institution of higher education in
982this state, the sexual offender shall also provide to the
983department the name, address, and county of each institution,
984including each campus attended, and the sexual offender's
985enrollment or employment status.
986     3.  If the sexual offender's place of residence is a motor
987vehicle, trailer, mobile home, or manufactured home, as defined
988in chapter 320, the sexual offender shall also provide the
989vehicle identification number; the license tag number; the
990registration number; and a description, including color scheme,
991of the motor vehicle, trailer, mobile home, or manufactured
992home. If the sexual offender's place of residence is a vessel,
993live-aboard vessel, or houseboat, as defined in chapter 327, the
994sexual offender shall also provide the hull identification
995number; the manufacturer's serial number; the name of the
996vessel, live-aboard vessel, or houseboat; the registration
997number; and a description, including color scheme, of the
998vessel, live-aboard vessel, or houseboat.
999     4.  Any sexual offender who fails to report in person as
1000required at the sheriff's office, or who fails to respond to any
1001address verification correspondence from the department within 3
1002weeks after the date of the correspondence, commits a felony of
1003the third degree, punishable as provided in ss. 775.082,
1004775.083, and 775.084.
1005     Section 12.  If any provision of this act or its
1006application to any person or circumstance is held invalid, the
1007invalidity does not affect other provisions or applications of
1008this act which can be given effect without the invalid provision
1009or application, and to this end the provisions of this act are
1010severable.
1011     Section 13.  This act shall take effect upon becoming a
1012law.


CODING: Words stricken are deletions; words underlined are additions.