Florida Senate - 2012 CS for SB 1800
By the Committee on Criminal Justice; and Senator Altman
591-03533-12 20121800c1
1 A bill to be entitled
2 An act relating to sex offenses; amending s. 775.21,
3 F.S.; replacing the definition of the term “instant
4 message name” with the definition of the term
5 “Internet identifier”; providing that voluntary
6 disclosure of specified information waives a
7 disclosure exemption for such information; conforming
8 provisions; adding additional offenses to the list of
9 sexual predator qualifying offenses; requiring
10 disclosure of additional information during the sexual
11 predator registration process; requiring that a sexual
12 predator who is unable to secure or update a driver
13 license or identification card within a specified
14 period must report specified information to the local
15 sheriff’s office within a specified period after such
16 change with confirmation that he or she also reported
17 such information to the Department of Highway Safety
18 and Motor Vehicles; revising reporting requirements if
19 a sexual predator plans to leave the United States for
20 more than a specified period; providing criminal
21 penalties for knowingly providing false registration
22 information by act or omission; amending s. 800.03,
23 F.S.; providing enhanced penalties for third or
24 subsequent indecent exposure violations; amending s.
25 903.046, F.S.; requiring a court considering whether
26 to release a defendant on bail to determine whether
27 the defendant is subject to registration as a sexual
28 offender or sexual predator and, if so, to hold the
29 defendant without bail until the first appearance on
30 the case; providing an exception; amending s.
31 943.0435, F.S.; adding additional offenses to the list
32 of sexual offender qualifying offenses; replacing the
33 definition of the term “instant message name” with the
34 definition of the term “Internet identifier”;
35 conforming provisions; requiring disclosure of
36 additional sexual offender registration information;
37 requiring that a sexual offender who is unable to
38 secure or update a driver license or identification
39 card within a specified period must report specified
40 information to the local sheriff’s office within a
41 specified period of such change with confirmation that
42 he or she also reported such information to the
43 Department of Highway Safety and Motor Vehicles;
44 providing additional requirements for sexual offenders
45 intending to reside outside of the United States;
46 revising criteria applicable to provisions allowing
47 removal from the requirement to register as a sexual
48 offender; providing criminal penalties for knowingly
49 providing false registration information by act or
50 omission; amending s. 943.04351, F.S.; requiring a
51 specified national search of registration information
52 regarding sexual predators and sexual offenders prior
53 to appointment or employment of persons by state
54 agencies and governmental subdivisions; amending s.
55 943.04354, F.S.; revising the criteria applicable to
56 provisions allowing removal of the requirement to
57 register as a sexual offender or sexual predator;
58 amending s. 943.0437, F.S.; replacing the term
59 “instant message name” with the term “Internet
60 identifier”; amending ss. 944.606 and 944.607, F.S.;
61 adding additional offenses to the list of sexual
62 offender qualifying offenses; replacing the definition
63 of the term “instant message name” with the definition
64 of the term “Internet identifier”; conforming
65 provisions; requiring disclosure of additional
66 registration information; providing criminal penalties
67 for knowingly providing false registration information
68 by act or omission; amending s. 947.005, F.S.;
69 revising the definition of the term “risk assessment”;
70 amending s. 948.31, F.S.; authorizing the court to
71 require sexual offenders and sexual predators who are
72 on probation or community control to undergo an
73 evaluation to determine whether the offender or
74 predator needs sexual offender treatment; requiring
75 the probationer or community controllee to pay for the
76 treatment; removing a provision prohibiting contact
77 with minors if sexual offender treatment is
78 recommended; amending ss. 985.481 and 985.4815, F.S.;
79 requiring disclosure of additional registration
80 information by certain sexual offenders adjudicated
81 delinquent and certain juvenile sexual offenders;
82 providing criminal penalties for knowingly providing
83 false registration information by act or omission;
84 amending s. 947.1405, F.S.; requiring the commission
85 to order electronic monitoring for certain conditional
86 releasees; amending s. 948.30, F.S.; requiring the
87 court to order electronic monitoring for certain
88 offenders; amending s. 921.0022, F.S.; correcting
89 references; providing an effective date.
90
91 Be It Enacted by the Legislature of the State of Florida:
92
93 Section 1. Paragraph (i) of subsection (2), paragraph (a)
94 of subsection (4), subsections (6) and (8), and paragraph (a) of
95 subsection (10) of section 775.21, Florida Statutes, are amended
96 to read:
97 775.21 The Florida Sexual Predators Act.—
98 (2) DEFINITIONS.—As used in this section, the term:
99 (i) “Internet identifier Instant message name” means all
100 electronic mail, chat, instant messenger, social networking, or
101 similar name used for Internet communication, but does not
102 include a date of birth, social security number, or personal
103 identification number (PIN). Voluntary disclosure by the sexual
104 predator of his or her date of birth, social security number, or
105 personal identification number (PIN) as an Internet identifier
106 waives the disclosure exemption in this paragraph for such
107 personal information an identifier that allows a person to
108 communicate in real time with another person using the Internet.
109 (4) SEXUAL PREDATOR CRITERIA.—
110 (a) For a current offense committed on or after October 1,
111 1993, upon conviction, an offender shall be designated as a
112 “sexual predator” under subsection (5), and subject to
113 registration under subsection (6) and community and public
114 notification under subsection (7) if:
115 1. The felony is:
116 a. A capital, life, or first-degree felony violation, or
117 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
118 is a minor and the defendant is not the victim’s parent or
119 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
120 violation of a similar law of another jurisdiction; or
121 b. Any felony violation, or any attempt thereof, of s.
122 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
123 787.025(2)(c), where the victim is a minor and the defendant is
124 not the victim’s parent or guardian; s. 794.011, excluding s.
125 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 796.045; s.
126 800.04; s. 825.1025 825.1025(2)(b); s. 827.071; s. 847.0135(5);
127 s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of
128 a similar law of another jurisdiction, and the offender has
129 previously been convicted of or found to have committed, or has
130 pled nolo contendere or guilty to, regardless of adjudication,
131 any violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
132 787.02, or s. 787.025(2)(c), where the victim is a minor and the
133 defendant is not the victim’s parent or guardian; s. 794.011,
134 excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
135 796.045; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
136 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2);
137 or s. 985.701(1); or a violation of a similar law of another
138 jurisdiction;
139 2. The offender has not received a pardon for any felony or
140 similar law of another jurisdiction that is necessary for the
141 operation of this paragraph; and
142 3. A conviction of a felony or similar law of another
143 jurisdiction necessary to the operation of this paragraph has
144 not been set aside in any postconviction proceeding.
145 (6) REGISTRATION.—
146 (a) A sexual predator must register with the department
147 through the sheriff’s office by providing the following
148 information to the department:
149 1. Name; social security number; age; race; sex; date of
150 birth; height; weight; tattoos or other identifying marks; hair
151 and eye color; photograph; address of legal residence and
152 address of any current temporary residence, within the state or
153 out of state, including a rural route address and a post office
154 box; if no permanent or temporary address, any transient
155 residence within the state; address, location or description,
156 and dates of any current or known future temporary residence
157 within the state or out of state; all any electronic mail
158 addresses address and all Internet identifiers any instant
159 message name required to be provided pursuant to subparagraph
160 (g)4.; all home telephone numbers number and any cellular
161 telephone numbers number; date and place of any employment; the
162 make, model, color, registration number, and license tag number
163 of all vehicles owned; date and place of each conviction;
164 fingerprints; palm prints; and a brief description of the crime
165 or crimes committed by the offender. A post office box shall not
166 be provided in lieu of a physical residential address. The
167 sexual predator must also produce his or her passport, if he or
168 she has a passport, and, if he or she is an alien, must produce
169 or provide information about documents establishing his or her
170 immigration status. The sexual predator must also provide
171 information about any professional licenses he or she may have.
172 a. If the sexual predator’s place of residence is a motor
173 vehicle, trailer, mobile home, or manufactured home, as defined
174 in chapter 320, the sexual predator shall also provide to the
175 department written notice of the vehicle identification number;
176 the license tag number; the registration number; and a
177 description, including color scheme, of the motor vehicle,
178 trailer, mobile home, or manufactured home. If a sexual
179 predator’s place of residence is a vessel, live-aboard vessel,
180 or houseboat, as defined in chapter 327, the sexual predator
181 shall also provide to the department written notice of the hull
182 identification number; the manufacturer’s serial number; the
183 name of the vessel, live-aboard vessel, or houseboat; the
184 registration number; and a description, including color scheme,
185 of the vessel, live-aboard vessel, or houseboat.
186 b. If the sexual predator is enrolled, employed,
187 volunteering, or carrying on a vocation at an institution of
188 higher education in this state, the sexual predator shall also
189 provide to the department the name, address, and county of each
190 institution, including each campus attended, and the sexual
191 predator’s enrollment, volunteer, or employment status. Each
192 change in enrollment or employment status shall be reported in
193 person at the sheriff’s office, or the Department of Corrections
194 if the sexual predator is in the custody or control of or under
195 the supervision of the Department of Corrections, within 48
196 hours after any change in status. The sheriff or the Department
197 of Corrections shall promptly notify each institution of the
198 sexual predator’s presence and any change in the sexual
199 predator’s enrollment, volunteer, or employment status.
200 2. Any other information determined necessary by the
201 department, including criminal and corrections records;
202 nonprivileged personnel and treatment records; and evidentiary
203 genetic markers when available.
204 (b) If the sexual predator is in the custody or control of,
205 or under the supervision of, the Department of Corrections, or
206 is in the custody of a private correctional facility, the sexual
207 predator must register with the Department of Corrections. A
208 sexual predator who is under the supervision of the Department
209 of Corrections but who is not incarcerated must register with
210 the Department of Corrections within 3 business days after the
211 court finds the offender to be a sexual predator. The Department
212 of Corrections shall provide to the department registration
213 information and the location of, and local telephone number for,
214 any Department of Corrections office that is responsible for
215 supervising the sexual predator. In addition, the Department of
216 Corrections shall notify the department if the sexual predator
217 escapes or absconds from custody or supervision or if the sexual
218 predator dies.
219 (c) If the sexual predator is in the custody of a local
220 jail, the custodian of the local jail shall register the sexual
221 predator within 3 business days after intake of the sexual
222 predator for any reason and upon release, and shall forward the
223 registration information to the department. The custodian of the
224 local jail shall also take a digitized photograph of the sexual
225 predator while the sexual predator remains in custody and shall
226 provide the digitized photograph to the department. The
227 custodian shall notify the department if the sexual predator
228 escapes from custody or dies.
229 (d) If the sexual predator is under federal supervision,
230 the federal agency responsible for supervising the sexual
231 predator may forward to the department any information regarding
232 the sexual predator which is consistent with the information
233 provided by the Department of Corrections under this section,
234 and may indicate whether use of the information is restricted to
235 law enforcement purposes only or may be used by the department
236 for purposes of public notification.
237 (e)1. If the sexual predator is not in the custody or
238 control of, or under the supervision of, the Department of
239 Corrections or is not in the custody of a private correctional
240 facility, the sexual predator shall register in person:
241 a. At the sheriff’s office in the county where he or she
242 establishes or maintains a residence within 48 hours after
243 establishing or maintaining a residence in this state; and
244 b. At the sheriff’s office in the county where he or she
245 was designated a sexual predator by the court within 48 hours
246 after such finding is made.
247 2. Any change in the sexual predator’s permanent or
248 temporary residence, name, or all any electronic mail addresses
249 address and all Internet identifiers any instant message name
250 required to be provided pursuant to subparagraph (g)4., after
251 the sexual predator registers in person at the sheriff’s office
252 as provided in subparagraph 1., shall be accomplished in the
253 manner provided in paragraphs (g), (i), and (j). When a sexual
254 predator registers with the sheriff’s office, the sheriff shall
255 take a photograph, and a set of fingerprints, and palm prints of
256 the predator and forward the photographs, palm prints, and
257 fingerprints to the department, along with the information that
258 the predator is required to provide pursuant to this section.
259 (f) Within 48 hours after the registration required under
260 paragraph (a) or paragraph (e), a sexual predator who is not
261 incarcerated and who resides in the community, including a
262 sexual predator under the supervision of the Department of
263 Corrections, shall register in person at a driver driver’s
264 license office of the Department of Highway Safety and Motor
265 Vehicles and shall present proof of registration. At the driver
266 driver’s license office the sexual predator shall:
267 1. If otherwise qualified, secure a Florida driver driver’s
268 license, renew a Florida driver driver’s license, or secure an
269 identification card. The sexual predator shall identify himself
270 or herself as a sexual predator who is required to comply with
271 this section, provide his or her place of permanent, temporary,
272 or transient residence, including a rural route address and a
273 post office box, and submit to the taking of a photograph for
274 use in issuing a driver driver’s license, renewed license, or
275 identification card, and for use by the department in
276 maintaining current records of sexual predators. A post office
277 box shall not be provided in lieu of a physical residential
278 address. If the sexual predator’s place of residence is a motor
279 vehicle, trailer, mobile home, or manufactured home, as defined
280 in chapter 320, the sexual predator shall also provide to the
281 Department of Highway Safety and Motor Vehicles the vehicle
282 identification number; the license tag number; the registration
283 number; and a description, including color scheme, of the motor
284 vehicle, trailer, mobile home, or manufactured home. If a sexual
285 predator’s place of residence is a vessel, live-aboard vessel,
286 or houseboat, as defined in chapter 327, the sexual predator
287 shall also provide to the Department of Highway Safety and Motor
288 Vehicles the hull identification number; the manufacturer’s
289 serial number; the name of the vessel, live-aboard vessel, or
290 houseboat; the registration number; and a description, including
291 color scheme, of the vessel, live-aboard vessel, or houseboat.
292 2. Pay the costs assessed by the Department of Highway
293 Safety and Motor Vehicles for issuing or renewing a driver
294 driver’s license or identification card as required by this
295 section. The driver driver’s license or identification card
296 issued to the sexual predator must be in compliance with s.
297 322.141(3).
298 3. Provide, upon request, any additional information
299 necessary to confirm the identity of the sexual predator,
300 including a set of fingerprints.
301 (g)1. Each time a sexual predator’s driver driver’s license
302 or identification card is subject to renewal, and, without
303 regard to the status of the predator’s driver driver’s license
304 or identification card, within 48 hours after any change of the
305 predator’s residence or change in the predator’s name by reason
306 of marriage or other legal process, the predator shall report in
307 person to a driver driver’s license office and shall be subject
308 to the requirements specified in paragraph (f). The Department
309 of Highway Safety and Motor Vehicles shall forward to the
310 department and to the Department of Corrections all photographs
311 and information provided by sexual predators. Notwithstanding
312 the restrictions set forth in s. 322.142, the Department of
313 Highway Safety and Motor Vehicles is authorized to release a
314 reproduction of a color-photograph or digital-image license to
315 the Department of Law Enforcement for purposes of public
316 notification of sexual predators as provided in this section. A
317 sexual predator who is unable to secure or update a driver
318 license or identification card with the Department of Highway
319 Safety and Motor Vehicles as provided in paragraph (f) and this
320 paragraph must also report any change of the predator’s
321 residence or change in the predator’s name by reason of marriage
322 or other legal process within 48 hours after the change to the
323 sheriff’s office in the county where the predator resides or is
324 located and provide confirmation that he or she reported such
325 information to the Department of Highway Safety and Motor
326 Vehicles.
327 2. A sexual predator who vacates a permanent, temporary, or
328 transient residence and fails to establish or maintain another
329 permanent, temporary, or transient residence shall, within 48
330 hours after vacating the permanent, temporary, or transient
331 residence, report in person to the sheriff’s office of the
332 county in which he or she is located. The sexual predator shall
333 specify the date upon which he or she intends to or did vacate
334 such residence. The sexual predator must provide or update all
335 of the registration information required under paragraph (a).
336 The sexual predator must provide an address for the residence or
337 other place that he or she is or will be located during the time
338 in which he or she fails to establish or maintain a permanent or
339 temporary residence.
340 3. A sexual predator who remains at a permanent, temporary,
341 or transient residence after reporting his or her intent to
342 vacate such residence shall, within 48 hours after the date upon
343 which the predator indicated he or she would or did vacate such
344 residence, report in person to the sheriff’s office to which he
345 or she reported pursuant to subparagraph 2. for the purpose of
346 reporting his or her address at such residence. When the sheriff
347 receives the report, the sheriff shall promptly convey the
348 information to the department. An offender who makes a report as
349 required under subparagraph 2. but fails to make a report as
350 required under this subparagraph commits a felony of the second
351 degree, punishable as provided in s. 775.082, s. 775.083, or s.
352 775.084.
353 4. A sexual predator must register all any electronic mail
354 addresses and Internet identifiers address or instant message
355 name with the department prior to using such electronic mail
356 addresses and Internet identifiers address or instant message
357 name on or after October 1, 2007. The department shall establish
358 an online system through which sexual predators may securely
359 access and update all electronic mail address and Internet
360 identifier instant message name information.
361 (h) The department must notify the sheriff and the state
362 attorney of the county and, if applicable, the police chief of
363 the municipality, where the sexual predator maintains a
364 residence.
365 (i) A sexual predator who intends to establish a permanent,
366 temporary, or transient residence in another state or
367 jurisdiction other than the State of Florida shall report in
368 person to the sheriff of the county of current residence within
369 48 hours before the date he or she intends to leave this state
370 to establish residence in another state or jurisdiction or
371 within 21 days before his or her planned departure date if the
372 intended residence of 5 days or more is outside of the United
373 States. The sexual predator must provide to the sheriff the
374 address, municipality, county, and state, and country of
375 intended residence. The sheriff shall promptly provide to the
376 department the information received from the sexual predator.
377 The department shall notify the statewide law enforcement
378 agency, or a comparable agency, in the intended state, or
379 jurisdiction, or country of residence of the sexual predator’s
380 intended residence. The failure of a sexual predator to provide
381 his or her intended place of residence is punishable as provided
382 in subsection (10).
383 (j) A sexual predator who indicates his or her intent to
384 establish a permanent, temporary, or transient residence in
385 another state, a or jurisdiction other than the State of
386 Florida, or another country and later decides to remain in this
387 state shall, within 48 hours after the date upon which the
388 sexual predator indicated he or she would leave this state,
389 report in person to the sheriff to which the sexual predator
390 reported the intended change of residence, and report his or her
391 intent to remain in this state. If the sheriff is notified by
392 the sexual predator that he or she intends to remain in this
393 state, the sheriff shall promptly report this information to the
394 department. A sexual predator who reports his or her intent to
395 establish a permanent, temporary, or transient residence in
396 another state, a or jurisdiction other than the State of
397 Florida, or another country, but who remains in this state
398 without reporting to the sheriff in the manner required by this
399 paragraph, commits a felony of the second degree, punishable as
400 provided in s. 775.082, s. 775.083, or s. 775.084.
401 (k)1. The department is responsible for the online
402 maintenance of current information regarding each registered
403 sexual predator. The department must maintain hotline access for
404 state, local, and federal law enforcement agencies to obtain
405 instantaneous locator file and offender characteristics
406 information on all released registered sexual predators for
407 purposes of monitoring, tracking, and prosecution. The
408 photograph and fingerprints do not have to be stored in a
409 computerized format.
410 2. The department’s sexual predator registration list,
411 containing the information described in subparagraph (a)1., is a
412 public record. The department is authorized to disseminate this
413 public information by any means deemed appropriate, including
414 operating a toll-free telephone number for this purpose. When
415 the department provides information regarding a registered
416 sexual predator to the public, department personnel must advise
417 the person making the inquiry that positive identification of a
418 person believed to be a sexual predator cannot be established
419 unless a fingerprint comparison is made, and that it is illegal
420 to use public information regarding a registered sexual predator
421 to facilitate the commission of a crime.
422 3. The department shall adopt guidelines as necessary
423 regarding the registration of sexual predators and the
424 dissemination of information regarding sexual predators as
425 required by this section.
426 (l) A sexual predator must maintain registration with the
427 department for the duration of his or her life, unless the
428 sexual predator has received a full pardon or has had a
429 conviction set aside in a postconviction proceeding for any
430 offense that met the criteria for the sexual predator
431 designation.
432 (8) VERIFICATION.—The department and the Department of
433 Corrections shall implement a system for verifying the addresses
434 of sexual predators. The system must be consistent with the
435 provisions of the federal Adam Walsh Child Protection and Safety
436 Act of 2006 and any other federal standards applicable to such
437 verification or required to be met as a condition for the
438 receipt of federal funds by the state. The Department of
439 Corrections shall verify the addresses of sexual predators who
440 are not incarcerated but who reside in the community under the
441 supervision of the Department of Corrections and shall report to
442 the department any failure by a sexual predator to comply with
443 registration requirements. County and local law enforcement
444 agencies, in conjunction with the department, shall verify the
445 addresses of sexual predators who are not under the care,
446 custody, control, or supervision of the Department of
447 Corrections. Local law enforcement agencies shall report to the
448 department any failure by a sexual predator to comply with
449 registration requirements.
450 (a) A sexual predator must report in person each year
451 during the month of the sexual predator’s birthday and during
452 every third month thereafter to the sheriff’s office in the
453 county in which he or she resides or is otherwise located to
454 reregister. The sheriff’s office may determine the appropriate
455 times and days for reporting by the sexual predator, which shall
456 be consistent with the reporting requirements of this paragraph.
457 Reregistration shall include any changes to the following
458 information:
459 1. Name; social security number; age; race; sex; date of
460 birth; height; weight; tattoos or other identifying marks; hair
461 and eye color; address of any permanent residence and address of
462 any current temporary residence, within the state or out of
463 state, including a rural route address and a post office box; if
464 no permanent or temporary address, any transient residence
465 within the state; address, location or description, and dates of
466 any current or known future temporary residence within the state
467 or out of state; all any electronic mail addresses address and
468 all Internet identifiers any instant message name required to be
469 provided pursuant to subparagraph (6)(g)4.; all home telephone
470 numbers number and any cellular telephone numbers number; date
471 and place of any employment; the vehicle make, model, color,
472 registration number, and license tag number of all vehicles
473 owned; fingerprints; palm prints; and photograph. A post office
474 box shall not be provided in lieu of a physical residential
475 address. The sexual predator must also produce his or her
476 passport, if he or she has a passport, and, if he or she is an
477 alien, must produce or provide information about documents
478 establishing his or her immigration status. The sexual predator
479 must also provide information about any professional licenses he
480 or she may have.
481 2. If the sexual predator is enrolled, employed,
482 volunteering, or carrying on a vocation at an institution of
483 higher education in this state, the sexual predator shall also
484 provide to the department the name, address, and county of each
485 institution, including each campus attended, and the sexual
486 predator’s enrollment, volunteer, or employment status.
487 3. If the sexual predator’s place of residence is a motor
488 vehicle, trailer, mobile home, or manufactured home, as defined
489 in chapter 320, the sexual predator shall also provide the
490 vehicle identification number; the license tag number; the
491 registration number; and a description, including color scheme,
492 of the motor vehicle, trailer, mobile home, or manufactured
493 home. If the sexual predator’s place of residence is a vessel,
494 live-aboard vessel, or houseboat, as defined in chapter 327, the
495 sexual predator shall also provide the hull identification
496 number; the manufacturer’s serial number; the name of the
497 vessel, live-aboard vessel, or houseboat; the registration
498 number; and a description, including color scheme, of the
499 vessel, live-aboard vessel, or houseboat.
500 (b) The sheriff’s office shall, within 2 working days,
501 electronically submit and update all information provided by the
502 sexual predator to the department in a manner prescribed by the
503 department.
504 (10) PENALTIES.—
505 (a) Except as otherwise specifically provided, a sexual
506 predator who fails to register; who fails, after registration,
507 to maintain, acquire, or renew a driver driver’s license or
508 identification card; who fails to provide required location
509 information, electronic mail address information, Internet
510 identifier instant message name information, all home telephone
511 numbers number and any cellular telephone numbers number, or
512 change-of-name information; who fails to make a required report
513 in connection with vacating a permanent residence; who fails to
514 reregister as required; who fails to respond to any address
515 verification correspondence from the department within 3 weeks
516 of the date of the correspondence; who knowingly provides false
517 registration information by act or omission; or who otherwise
518 fails, by act or omission, to comply with the requirements of
519 this section, commits a felony of the third degree, punishable
520 as provided in s. 775.082, s. 775.083, or s. 775.084.
521 Section 2. Section 800.03, Florida Statutes, is amended to
522 read:
523 800.03 Exposure of sexual organs.—
524 (1) It is unlawful to expose or exhibit one’s sexual organs
525 in public or on the private premises of another, or so near
526 thereto as to be seen from such private premises, in a vulgar or
527 indecent manner, or to be naked in public except in any place
528 provided or set apart for that purpose.
529 (2)(a) Except as provided in paragraph (b), a violation of
530 this section is a misdemeanor of the first degree, punishable as
531 provided in s. 775.082 or s. 775.083.
532 (b) A third or subsequent violation of this section is a
533 felony of the third degree, punishable as provided in s.
534 775.082, s. 775.083, or s. 775.084.
535 (3) A mother’s breastfeeding of her baby does not under any
536 circumstance violate this section.
537 Section 3. Paragraph (m) is added to subsection (2) of
538 section 903.046, Florida Statutes, to read:
539 903.046 Purpose of and criteria for bail determination.—
540 (2) When determining whether to release a defendant on bail
541 or other conditions, and what that bail or those conditions may
542 be, the court shall consider:
543 (m) Whether the defendant, other than a defendant whose
544 only criminal charge is a misdemeanor offense under chapter 316,
545 is required to register as a sexual offender under s. 943.0435
546 or a sexual predator under s. 775.21; and, if so, he or she is
547 not eligible for release on bail or surety bond until the first
548 appearance on the case in order to ensure the full participation
549 of the prosecutor and the protection of the public.
550 Section 4. Paragraphs (a) and (g) of subsection (1),
551 subsection (2), paragraphs (a) and (d) of subsection (4),
552 subsections (7), (8), and (11), and paragraph (c) of subsection
553 (14) of section 943.0435, Florida Statutes, are amended to read:
554 943.0435 Sexual offenders required to register with the
555 department; penalty.—
556 (1) As used in this section, the term:
557 (a)1. “Sexual offender” means a person who meets the
558 criteria in sub-subparagraph a., sub-subparagraph b., sub
559 subparagraph c., or sub-subparagraph d., as follows:
560 a.(I) Has been convicted of committing, or attempting,
561 soliciting, or conspiring to commit, any of the criminal
562 offenses proscribed in the following statutes in this state or
563 similar offenses in another jurisdiction: s. 393.135(2); s.
564 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
565 the victim is a minor and the defendant is not the victim’s
566 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
567 794.05; s. 796.03; s. 796.035; s. 796.045; s. 800.04; s.
568 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
569 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
570 916.1075(2); or s. 985.701(1); or any similar offense committed
571 in this state which has been redesignated from a former statute
572 number to one of those listed in this sub-sub-subparagraph; and
573 (II) Has been released on or after October 1, 1997, from
574 the sanction imposed for any conviction of an offense described
575 in sub-sub-subparagraph (I). For purposes of sub-sub
576 subparagraph (I), a sanction imposed in this state or in any
577 other jurisdiction includes, but is not limited to, a fine,
578 probation, community control, parole, conditional release,
579 control release, or incarceration in a state prison, federal
580 prison, private correctional facility, or local detention
581 facility;
582 b. Establishes or maintains a residence in this state and
583 who has not been designated as a sexual predator by a court of
584 this state but who has been designated as a sexual predator, as
585 a sexually violent predator, or by another sexual offender
586 designation in another state or jurisdiction and was, as a
587 result of such designation, subjected to registration or
588 community or public notification, or both, or would be if the
589 person were a resident of that state or jurisdiction, without
590 regard to whether the person otherwise meets the criteria for
591 registration as a sexual offender;
592 c. Establishes or maintains a residence in this state who
593 is in the custody or control of, or under the supervision of,
594 any other state or jurisdiction as a result of a conviction for
595 committing, or attempting, soliciting, or conspiring to commit,
596 any of the criminal offenses proscribed in the following
597 statutes or similar offense in another jurisdiction: s.
598 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
599 787.025(2)(c), where the victim is a minor and the defendant is
600 not the victim’s parent or guardian; s. 794.011, excluding s.
601 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 796.045; s.
602 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
603 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
604 s. 916.1075(2); or s. 985.701(1); or any similar offense
605 committed in this state which has been redesignated from a
606 former statute number to one of those listed in this sub
607 subparagraph; or
608 d. On or after July 1, 2007, has been adjudicated
609 delinquent for committing, or attempting, soliciting, or
610 conspiring to commit, any of the criminal offenses proscribed in
611 the following statutes in this state or similar offenses in
612 another jurisdiction when the juvenile was 14 years of age or
613 older at the time of the offense:
614 (I) Section 794.011, excluding s. 794.011(10);
615 (II) Section 800.04(4)(b) where the victim is under 12
616 years of age or where the court finds sexual activity by the use
617 of force or coercion;
618 (III) Section 800.04(5)(c)1. where the court finds
619 molestation involving unclothed genitals; or
620 (IV) Section 800.04(5)(d) where the court finds the use of
621 force or coercion and unclothed genitals.
622 2. For all qualifying offenses listed in sub-subparagraph
623 (1)(a)1.d., the court shall make a written finding of the age of
624 the offender at the time of the offense.
625
626 For each violation of a qualifying offense listed in this
627 subsection, except for a violation of s. 794.011, the court
628 shall make a written finding of the age of the victim at the
629 time of the offense. For a violation of s. 800.04(4), the court
630 shall additionally make a written finding indicating that the
631 offense did or did not involve sexual activity and indicating
632 that the offense did or did not involve force or coercion. For a
633 violation of s. 800.04(5), the court shall additionally make a
634 written finding that the offense did or did not involve
635 unclothed genitals or genital area and that the offense did or
636 did not involve the use of force or coercion.
637 (g) “Internet identifier Instant message name” has the same
638 meaning as provided in s. 775.21 means an identifier that allows
639 a person to communicate in real time with another person using
640 the Internet.
641 (2) A sexual offender shall:
642 (a) Report in person at the sheriff’s office:
643 1. In the county in which the offender establishes or
644 maintains a permanent, temporary, or transient residence within
645 48 hours after:
646 a. Establishing permanent, temporary, or transient
647 residence in this state; or
648 b. Being released from the custody, control, or supervision
649 of the Department of Corrections or from the custody of a
650 private correctional facility; or
651 2. In the county where he or she was convicted within 48
652 hours after being convicted for a qualifying offense for
653 registration under this section if the offender is not in the
654 custody or control of, or under the supervision of, the
655 Department of Corrections, or is not in the custody of a private
656 correctional facility.
657
658 Any change in the information required to be provided pursuant
659 to paragraph (b), including, but not limited to, any change in
660 the sexual offender’s permanent, temporary, or transient
661 residence, name, all any electronic mail addresses address and
662 all Internet identifiers any instant message name required to be
663 provided pursuant to paragraph (4)(d), after the sexual offender
664 reports in person at the sheriff’s office, shall be accomplished
665 in the manner provided in subsections (4), (7), and (8).
666 (b) Provide his or her name; date of birth; social security
667 number; race; sex; height; weight; hair and eye color; tattoos
668 or other identifying marks; occupation and place of employment;
669 address of permanent or legal residence or address of any
670 current temporary residence, within the state or out of state,
671 including a rural route address and a post office box; if no
672 permanent or temporary address, any transient residence within
673 the state, address, location or description, and dates of any
674 current or known future temporary residence within the state or
675 out of state; the make, model, color, registration number, and
676 license tag number of all vehicles owned; all home telephone
677 numbers number and any cellular telephone numbers number; all
678 any electronic mail addresses address and all Internet
679 identifiers any instant message name required to be provided
680 pursuant to paragraph (4)(d); fingerprints; palm prints;
681 photograph; date and place of each conviction; and a brief
682 description of the crime or crimes committed by the offender. A
683 post office box shall not be provided in lieu of a physical
684 residential address. The sexual offender must also produce his
685 or her passport, if he or she has a passport, and, if he or she
686 is an alien, must produce or provide information about documents
687 establishing his or her immigration status. The sexual offender
688 must also provide information about any professional licenses he
689 or she may have.
690 1. If the sexual offender’s place of residence is a motor
691 vehicle, trailer, mobile home, or manufactured home, as defined
692 in chapter 320, the sexual offender shall also provide to the
693 department through the sheriff’s office written notice of the
694 vehicle identification number; the license tag number; the
695 registration number; and a description, including color scheme,
696 of the motor vehicle, trailer, mobile home, or manufactured
697 home. If the sexual offender’s place of residence is a vessel,
698 live-aboard vessel, or houseboat, as defined in chapter 327, the
699 sexual offender shall also provide to the department written
700 notice of the hull identification number; the manufacturer’s
701 serial number; the name of the vessel, live-aboard vessel, or
702 houseboat; the registration number; and a description, including
703 color scheme, of the vessel, live-aboard vessel, or houseboat.
704 2. If the sexual offender is enrolled, employed,
705 volunteering, or carrying on a vocation at an institution of
706 higher education in this state, the sexual offender shall also
707 provide to the department through the sheriff’s office the name,
708 address, and county of each institution, including each campus
709 attended, and the sexual offender’s enrollment or employment
710 status. Each change in enrollment, volunteer, or employment
711 status shall be reported in person at the sheriff’s office,
712 within 48 hours after any change in status. The sheriff shall
713 promptly notify each institution of the sexual offender’s
714 presence and any change in the sexual offender’s enrollment,
715 volunteer, or employment status.
716 (c) Provide any other information determined necessary by
717 the department, including criminal and corrections records;
718 nonprivileged personnel and treatment records; and evidentiary
719 genetic markers, when available.
720
721 When a sexual offender reports at the sheriff’s office, the
722 sheriff shall take a photograph, and a set of fingerprints, and
723 palm prints of the offender and forward the photographs, palm
724 prints, and fingerprints to the department, along with the
725 information provided by the sexual offender. The sheriff shall
726 promptly provide to the department the information received from
727 the sexual offender.
728 (4)(a) Each time a sexual offender’s driver driver’s
729 license or identification card is subject to renewal, and,
730 without regard to the status of the offender’s driver driver’s
731 license or identification card, within 48 hours after any change
732 in the offender’s permanent, temporary, or transient residence
733 or change in the offender’s name by reason of marriage or other
734 legal process, the offender shall report in person to a driver
735 driver’s license office, and shall be subject to the
736 requirements specified in subsection (3). The Department of
737 Highway Safety and Motor Vehicles shall forward to the
738 department all photographs and information provided by sexual
739 offenders. Notwithstanding the restrictions set forth in s.
740 322.142, the Department of Highway Safety and Motor Vehicles is
741 authorized to release a reproduction of a color-photograph or
742 digital-image license to the Department of Law Enforcement for
743 purposes of public notification of sexual offenders as provided
744 in this section and ss. 943.043 and 944.606. A sexual offender
745 who is unable to secure or update a driver license or
746 identification card with the Department of Highway Safety and
747 Motor Vehicles as provided in subsection (3) and this subsection
748 must also report any change in the sexual offender’s permanent,
749 temporary, or transient residence or change in the offender’s
750 name by reason of marriage or other legal process within 48
751 hours after the change to the sheriff’s office in the county
752 where the offender resides or is located and provide
753 confirmation that he or she reported such information to the
754 Department of Highway Safety and Motor Vehicles.
755 (d) A sexual offender must register all any electronic mail
756 addresses and Internet identifiers address or instant message
757 name with the department prior to using such electronic mail
758 addresses and Internet identifiers address or instant message
759 name on or after October 1, 2007. The department shall establish
760 an online system through which sexual offenders may securely
761 access and update all electronic mail address and Internet
762 identifier instant message name information.
763 (7) A sexual offender who intends to establish a permanent,
764 temporary, or transient residence in another state or
765 jurisdiction other than the State of Florida shall report in
766 person to the sheriff of the county of current residence within
767 48 hours before the date he or she intends to leave this state
768 to establish residence in another state or jurisdiction or
769 within 21 days before his or her planned departure date if the
770 intended residence of 5 days or more is outside of the United
771 States. The notification must include the address, municipality,
772 county, and state, and country of intended residence. The
773 sheriff shall promptly provide to the department the information
774 received from the sexual offender. The department shall notify
775 the statewide law enforcement agency, or a comparable agency, in
776 the intended state, or jurisdiction, or country of residence of
777 the sexual offender’s intended residence. The failure of a
778 sexual offender to provide his or her intended place of
779 residence is punishable as provided in subsection (9).
780 (8) A sexual offender who indicates his or her intent to
781 establish a permanent, temporary, or transient residence in
782 another state, a or jurisdiction other than the State of
783 Florida, or another country and later decides to remain in this
784 state shall, within 48 hours after the date upon which the
785 sexual offender indicated he or she would leave this state,
786 report in person to the sheriff to which the sexual offender
787 reported the intended change of permanent, temporary, or
788 transient residence, and report his or her intent to remain in
789 this state. The sheriff shall promptly report this information
790 to the department. A sexual offender who reports his or her
791 intent to establish a permanent, temporary, or transient
792 residence in another state, a or jurisdiction other than the
793 State of Florida, or another country but who remains in this
794 state without reporting to the sheriff in the manner required by
795 this subsection commits a felony of the second degree,
796 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
797 (11) Except as provided in this subsection and s.
798 943.04354, a sexual offender must maintain registration with the
799 department for the duration of his or her life, unless the
800 sexual offender has received a full pardon or has had a
801 conviction set aside in a postconviction proceeding for any
802 offense that meets the criteria for classifying the person as a
803 sexual offender for purposes of registration. However, a sexual
804 offender:
805 (a)1. A sexual offender may petition the criminal division
806 of the circuit court of the circuit in which the sexual offender
807 resides for the purpose of removing the requirement for
808 registration as a sexual offender if Who has been lawfully
809 released from confinement, supervision, or sanction, whichever
810 is later, for at least 25 years and has not been arrested for
811 any felony or misdemeanor offense since release, provided that
812 the sexual offender’s requirement to register was not based upon
813 an adult conviction:
814 a. Twenty-five years have elapsed since the sexual
815 offender’s registration period for the most recent conviction
816 that required the offender to register began;
817 b. The sexual offender has not been convicted or
818 adjudicated delinquent of any felony offense or of an offense
819 punishable by more than 1 year of imprisonment during the 25
820 years preceding the petition to the court;
821 c. The sexual offender has successfully completed all
822 sanctions imposed for all offenses that required the offender to
823 register;
824 d. The sexual offender’s requirement to register was not
825 based upon an adult conviction for a violation of s. 787.01, s.
826 794.011, excluding s. 794.011(10), s. 800.04(4)(b) where the
827 court finds the offense involved a victim under 12 years of age
828 or sexual activity by the use of force or coercion, s.
829 800.04(5)(b), or s. 800.04(5)(c)2. where the court finds the
830 offense involved unclothed genitals or genital area; for any
831 attempt or conspiracy to commit any offense listed in this sub
832 subparagraph; or for a violation of similar law of another
833 jurisdiction; and
834 e. For sexual offenders whose requirement to register is
835 based upon a conviction in another state, the sexual offender is
836 not required to register as a sexual offender pursuant to the
837 laws of the state where the conviction occurred.
838 a. For a violation of s. 787.01 or s. 787.02;
839 b. For a violation of s. 794.011, excluding s. 794.011(10);
840 c. For a violation of s. 800.04(4)(b) where the court finds
841 the offense involved a victim under 12 years of age or sexual
842 activity by the use of force or coercion;
843 d. For a violation of s. 800.04(5)(b);
844 e. For a violation of s. 800.04(5)c.2. where the court
845 finds the offense involved unclothed genitals or genital area;
846 f. For any attempt or conspiracy to commit any such
847 offense; or
848 g. For a violation of similar law of another jurisdiction,
849
850 may petition the criminal division of the circuit court of the
851 circuit in which the sexual offender resides for the purpose of
852 removing the requirement for registration as a sexual offender.
853 2. A sexual offender whose requirement to register was
854 based upon an adult conviction for a violation of s. 787.02 or
855 s. 827.071(5), for any attempt or conspiracy to commit any
856 offense listed in this subparagraph, or for a violation of
857 similar law of another jurisdiction may petition the criminal
858 division of the circuit court of the circuit in which the sexual
859 offender resides for the purpose of removing the requirement for
860 registration as a sexual offender if:
861 a. Fifteen years have elapsed since the sexual offender’s
862 registration period for the most recent conviction that required
863 the offender to register began;
864 b. The sexual offender has not been convicted or
865 adjudicated delinquent of any felony offense or of an offense
866 punishable by more than 1 year of imprisonment during the 10
867 years preceding the petition to the court;
868 c. The sexual offender has successfully completed all
869 sanctions imposed for all offenses that required the offender to
870 register; and
871 d. For sexual offenders whose requirement to register is
872 based upon a conviction in another state, the sexual offender is
873 not required to register as a sexual offender pursuant to the
874 laws of the state where the conviction occurred.
875 3. A sexual offender required to register under sub
876 subparagraph (1)(a)1.d. may petition the criminal division of
877 the circuit court of the circuit in which the sexual offender
878 resides for the purpose of removing the requirement for
879 registration as a sexual offender if:
880 a. Twenty-five years have elapsed since the sexual
881 offender’s registration period for the most recent adjudication
882 that required the offender to register began;
883 b. The sexual offender has not been convicted or
884 adjudicated delinquent of any felony offense or of an offense
885 punishable by more than 1 year of imprisonment during the 25
886 years preceding the petition to the court; and
887 c. The sexual offender has successfully completed all
888 sanctions imposed for any offense that required the offender to
889 register.
890 4.2. The court may grant or deny relief if the offender
891 demonstrates to the court that he or she has not been arrested
892 for any crime since release; the requested relief complies with
893 this paragraph, the provisions of the federal Adam Walsh Child
894 Protection and Safety Act of 2006, and any other federal
895 standards applicable to the removal of registration requirements
896 for a sexual offender or required to be met as a condition for
897 the receipt of federal funds by the state; and the court is
898 otherwise satisfied that the offender is not a current or
899 potential threat to public safety. The state attorney in the
900 circuit in which the petition is filed and the department must
901 be given notice of the petition at least 3 weeks before the
902 hearing on the matter. The state attorney may present evidence
903 in opposition to the requested relief or may otherwise
904 demonstrate the reasons why the petition should be denied. If
905 the court grants the petition, the court shall instruct the
906 petitioner to provide the department with a certified copy of
907 the order granting relief. If the court denies the petition, the
908 court may set a future date at which the sexual offender may
909 again petition the court for relief, subject to the standards
910 for relief provided in this subsection.
911 5.3. The department shall remove an offender from
912 classification as a sexual offender for purposes of registration
913 if the offender provides to the department a certified copy of
914 the court’s written findings or order that indicates that the
915 offender is no longer required to comply with the requirements
916 for registration as a sexual offender.
917 6. For purposes of this paragraph:
918 a. The registration period of a sexual offender sentenced
919 to a term of incarceration or committed to a residential program
920 begins upon the offender’s release for the most recent
921 conviction that required the offender to register.
922 b. A sexual offender’s registration period is tolled during
923 any period in which the offender is incarcerated, civilly
924 committed, detained pursuant to chapter 985, or committed to a
925 residential program.
926 (b) A sexual offender as defined in sub-subparagraph
927 (1)(a)1.b. must maintain registration with the department for
928 the duration of his or her life until the person provides the
929 department with an order issued by the court that designated the
930 person as a sexual predator, as a sexually violent predator, or
931 by another sexual offender designation in the state or
932 jurisdiction in which the order was issued which states that
933 such designation has been removed or demonstrates to the
934 department that such designation, if not imposed by a court, has
935 been removed by operation of law or court order in the state or
936 jurisdiction in which the designation was made, and provided
937 such person no longer meets the criteria for registration as a
938 sexual offender under the laws of this state.
939 (14)
940 (c) The sheriff’s office may determine the appropriate
941 times and days for reporting by the sexual offender, which shall
942 be consistent with the reporting requirements of this
943 subsection. Reregistration shall include any changes to the
944 following information:
945 1. Name; social security number; age; race; sex; date of
946 birth; height; weight; hair and eye color; address of any
947 permanent residence and address of any current temporary
948 residence, within the state or out of state, including a rural
949 route address and a post office box; if no permanent or
950 temporary address, any transient residence within the state;
951 address, location or description, and dates of any current or
952 known future temporary residence within the state or out of
953 state; all any electronic mail addresses address and all
954 Internet identifiers any instant message name required to be
955 provided pursuant to paragraph (4)(d); all home telephone
956 numbers number and any cellular telephone numbers number; date
957 and place of any employment; the vehicle make, model, color,
958 registration number, and license tag number of all vehicles
959 owned; fingerprints; palm prints; and photograph. A post office
960 box may shall not be provided in lieu of a physical residential
961 address. The sexual offender must also produce his or her
962 passport, if he or she has a passport, and, if he or she is an
963 alien, must produce or provide information about documents
964 establishing his or her immigration status. The sexual offender
965 must also provide information about any professional licenses he
966 or she may have.
967 2. If the sexual offender is enrolled, volunteering,
968 employed, or carrying on a vocation at an institution of higher
969 education in this state, the sexual offender shall also provide
970 to the department the name, address, and county of each
971 institution, including each campus attended, and the sexual
972 offender’s enrollment, volunteer, or employment status.
973 3. If the sexual offender’s place of residence is a motor
974 vehicle, trailer, mobile home, or manufactured home, as defined
975 in chapter 320, the sexual offender shall also provide the
976 vehicle identification number; the license tag number; the
977 registration number; and a description, including color scheme,
978 of the motor vehicle, trailer, mobile home, or manufactured
979 home. If the sexual offender’s place of residence is a vessel,
980 live-aboard vessel, or houseboat, as defined in chapter 327, the
981 sexual offender shall also provide the hull identification
982 number; the manufacturer’s serial number; the name of the
983 vessel, live-aboard vessel, or houseboat; the registration
984 number; and a description, including color scheme, of the
985 vessel, live-aboard vessel or houseboat.
986 4. Any sexual offender who fails to report in person as
987 required at the sheriff’s office, or who fails to respond to any
988 address verification correspondence from the department within 3
989 weeks of the date of the correspondence, or who fails to report
990 all electronic mail addresses and all Internet identifiers or
991 instant message names, or who knowingly provides false
992 registration information by act or omission commits a felony of
993 the third degree, punishable as provided in s. 775.082, s.
994 775.083, or s. 775.084.
995 Section 5. Section 943.04351, Florida Statutes, is amended
996 to read:
997 943.04351 Search of registration information regarding
998 sexual predators and sexual offenders required prior to
999 appointment or employment.—A state agency or governmental
1000 subdivision, prior to making any decision to appoint or employ a
1001 person to work, whether for compensation or as a volunteer, at
1002 any park, playground, day care center, or other place where
1003 children regularly congregate, must conduct a search of that
1004 person’s name or other identifying information against the
1005 registration information regarding sexual predators and sexual
1006 offenders maintained by the Department of Law Enforcement under
1007 s. 943.043. The agency or governmental subdivision may conduct
1008 the search using the Internet site maintained by the Department
1009 of Law Enforcement. Also, a national search must be conducted
1010 through the Dru Sjodin National Sex Offender Public Website
1011 maintained by the United States Department of Justice. This
1012 section does not apply to those positions or appointments within
1013 a state agency or governmental subdivision for which a state and
1014 national criminal history background check is conducted.
1015 Section 6. Section 943.04354, Florida Statutes, is amended
1016 to read:
1017 943.04354 Removal of the requirement to register as a
1018 sexual offender or sexual predator in special circumstances.—
1019 (1) For purposes of this section, a person shall be
1020 considered for removal of the requirement to register as a
1021 sexual offender or sexual predator only if the person:
1022 (a) Was or will be convicted, regardless of adjudication,
1023 or adjudicated delinquent of a violation of s. 794.011, s.
1024 800.04, s. 827.071, or s. 847.0135(5), or a similar offense in
1025 another jurisdiction, or the person committed a violation of s.
1026 794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
1027 adjudication of guilt was or will be withheld, and the person
1028 does not have any other conviction, regardless of adjudication,
1029 or adjudication of delinquency, or withhold of adjudication of
1030 guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
1031 s. 847.0135(5), or a similar offense in another jurisdiction;
1032 (b)1. Was convicted, regardless of adjudication, or
1033 adjudicated delinquent of an offense listed in paragraph (a) and
1034 is required to register as a sexual offender or sexual predator
1035 solely on the basis of this conviction or adjudication
1036 violation; or and
1037 2. Was convicted, regardless of adjudication, or
1038 adjudicated delinquent of an offense in another jurisdiction
1039 that is similar to an offense listed in paragraph (a) and no
1040 longer meets the criteria for registration as a sexual offender
1041 or sexual predator under the laws of the jurisdiction where the
1042 similar offense occurred; and
1043 (c) Is not more than 4 years older than the victim of this
1044 violation who was 13 14 years of age or older but less not more
1045 than 18 17 years of age at the time the person committed this
1046 violation.
1047 (2) If a person meets the criteria in subsection (1) and
1048 the violation of s. 794.011, s. 800.04, s. 827.071, or s.
1049 847.0135(5) was committed on or after July 1, 2007, the person
1050 may move the sentencing court or, for persons convicted or
1051 adjudicated delinquent of a qualifying offense in another
1052 jurisdiction, the criminal circuit court of the circuit in which
1053 the person resides that will sentence or dispose of this
1054 violation to remove the requirement that the person register as
1055 a sexual offender or sexual predator. The person must allege in
1056 the motion that he or she meets the criteria in subsection (1)
1057 and that removal of the registration requirement will not
1058 conflict with federal law. Persons convicted or adjudicated
1059 delinquent of an offense in another jurisdiction that is similar
1060 to an offense listed in paragraph (1)(a) must provide the court
1061 written confirmation that he or she is not required to register
1062 in the state where the conviction or adjudication occurred. The
1063 state attorney and the department must be given notice of the
1064 motion at least 21 days before the date of sentencing, or
1065 disposition of the this violation, or hearing on the motion and
1066 may present evidence in opposition to the requested relief or
1067 may otherwise demonstrate why the motion should be denied. At
1068 sentencing, or disposition of the this violation, or hearing on
1069 the motion, the court shall rule on this motion and, if the
1070 court determines the person meets the criteria in subsection (1)
1071 and the removal of the registration requirement will not
1072 conflict with federal law, it may grant the motion and order the
1073 removal of the registration requirement. The court shall
1074 instruct the person to provide the department a certified copy
1075 of the order granting relief. If the court denies the motion,
1076 the person is not authorized under this section to petition for
1077 removal of the registration requirement.
1078 (3)(a) This subsection applies to a person who:
1079 1. Is not a person described in subsection (2) because the
1080 violation of s. 794.011, s. 800.04, or s. 827.071 was not
1081 committed on or after July 1, 2007;
1082 2. Is subject to registration as a sexual offender or
1083 sexual predator for a violation of s. 794.011, s. 800.04, or s.
1084 827.071; and
1085 3. Meets the criteria in subsection (1).
1086 (b) A person may petition the court in which the sentence
1087 or disposition for the violation of s. 794.011, s. 800.04, or s.
1088 827.071 occurred for removal of the requirement to register as a
1089 sexual offender or sexual predator. The person must allege in
1090 the petition that he or she meets the criteria in subsection (1)
1091 and removal of the registration requirement will not conflict
1092 with federal law. The state attorney must be given notice of the
1093 petition at least 21 days before the hearing on the petition and
1094 may present evidence in opposition to the requested relief or
1095 may otherwise demonstrate why the petition should be denied. The
1096 court shall rule on the petition and, if the court determines
1097 the person meets the criteria in subsection (1) and removal of
1098 the registration requirement will not conflict with federal law,
1099 it may grant the petition and order the removal of the
1100 registration requirement. If the court denies the petition, the
1101 person is not authorized under this section to file any further
1102 petition for removal of the registration requirement.
1103 (3)(4) If a person provides to the Department of Law
1104 Enforcement a certified copy of the court’s order removing the
1105 requirement that the person register as a sexual offender or
1106 sexual predator for the violation of s. 794.011, s. 800.04, s.
1107 827.071, or s. 847.0135(5), or a similar offense in another
1108 jurisdiction, the registration requirement will not apply to the
1109 person and the department shall remove all information about the
1110 person from the public registry of sexual offenders and sexual
1111 predators maintained by the department. However, the removal of
1112 this information from the public registry does not mean that the
1113 public is denied access to information about the person’s
1114 criminal history or record that is otherwise available as a
1115 public record.
1116 Section 7. Subsection (2) and paragraph (a) of subsection
1117 (3) of section 943.0437, Florida Statutes, are amended to read:
1118 943.0437 Commercial social networking websites.—
1119 (2) The department may provide information relating to
1120 electronic mail addresses and Internet identifiers instant
1121 message names maintained as part of the sexual offender registry
1122 to commercial social networking websites or third parties
1123 designated by commercial social networking websites. The
1124 commercial social networking website may use this information
1125 for the purpose of comparing registered users and screening
1126 potential users of the commercial social networking website
1127 against the list of electronic mail addresses and Internet
1128 identifiers instant message names provided by the department.
1129 (3) This section shall not be construed to impose any civil
1130 liability on a commercial social networking website for:
1131 (a) Any action voluntarily taken in good faith to remove or
1132 disable any profile of a registered user associated with an
1133 electronic mail address or Internet identifier instant message
1134 name contained in the sexual offender registry.
1135 Section 8. Paragraphs (b) and (d) of subsection (1) and
1136 paragraph (a) of subsection (3) of section 944.606, Florida
1137 Statutes, are amended to read:
1138 944.606 Sexual offenders; notification upon release.—
1139 (1) As used in this section:
1140 (b) “Sexual offender” means a person who has been convicted
1141 of committing, or attempting, soliciting, or conspiring to
1142 commit, any of the criminal offenses proscribed in the following
1143 statutes in this state or similar offenses in another
1144 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1145 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1146 defendant is not the victim’s parent or guardian; s. 794.011,
1147 excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.045; s.
1148 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1149 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1150 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
1151 offense committed in this state which has been redesignated from
1152 a former statute number to one of those listed in this
1153 subsection, when the department has received verified
1154 information regarding such conviction; an offender’s
1155 computerized criminal history record is not, in and of itself,
1156 verified information.
1157 (d) “Internet identifier Instant message name” has the same
1158 meaning as provided in s. 775.21 means an identifier that allows
1159 a person to communicate in real time with another person using
1160 the Internet.
1161 (3)(a) The department must provide information regarding
1162 any sexual offender who is being released after serving a period
1163 of incarceration for any offense, as follows:
1164 1. The department must provide: the sexual offender’s name,
1165 any change in the offender’s name by reason of marriage or other
1166 legal process, and any alias, if known; the correctional
1167 facility from which the sexual offender is released; the sexual
1168 offender’s social security number, race, sex, date of birth,
1169 height, weight, and hair and eye color; address of any planned
1170 permanent residence or temporary residence, within the state or
1171 out of state, including a rural route address and a post office
1172 box; if no permanent or temporary address, any transient
1173 residence within the state; address, location or description,
1174 and dates of any known future temporary residence within the
1175 state or out of state; date and county of sentence and each
1176 crime for which the offender was sentenced; a copy of the
1177 offender’s fingerprints, palm prints, and a digitized photograph
1178 taken within 60 days before release; the date of release of the
1179 sexual offender; all any electronic mail addresses address and
1180 all Internet identifiers any instant message name required to be
1181 provided pursuant to s. 943.0435(4)(d); all and home telephone
1182 numbers number and any cellular telephone numbers; information
1183 about any professional licenses the offender may have, if known;
1184 and passport information, if he or she has a passport, and, if
1185 he or she is an alien, information about documents establishing
1186 his or her immigration status number. The department shall
1187 notify the Department of Law Enforcement if the sexual offender
1188 escapes, absconds, or dies. If the sexual offender is in the
1189 custody of a private correctional facility, the facility shall
1190 take the digitized photograph of the sexual offender within 60
1191 days before the sexual offender’s release and provide this
1192 photograph to the Department of Corrections and also place it in
1193 the sexual offender’s file. If the sexual offender is in the
1194 custody of a local jail, the custodian of the local jail shall
1195 register the offender within 3 business days after intake of the
1196 offender for any reason and upon release, and shall notify the
1197 Department of Law Enforcement of the sexual offender’s release
1198 and provide to the Department of Law Enforcement the information
1199 specified in this paragraph and any information specified in
1200 subparagraph 2. that the Department of Law Enforcement requests.
1201 2. The department may provide any other information deemed
1202 necessary, including criminal and corrections records,
1203 nonprivileged personnel and treatment records, when available.
1204 Section 9. Paragraphs (a) and (f) of subsection (1),
1205 subsection (4), and paragraph (c) of subsection (13) of section
1206 944.607, Florida Statutes, are amended to read:
1207 944.607 Notification to Department of Law Enforcement of
1208 information on sexual offenders.—
1209 (1) As used in this section, the term:
1210 (a) “Sexual offender” means a person who is in the custody
1211 or control of, or under the supervision of, the department or is
1212 in the custody of a private correctional facility:
1213 1. On or after October 1, 1997, as a result of a conviction
1214 for committing, or attempting, soliciting, or conspiring to
1215 commit, any of the criminal offenses proscribed in the following
1216 statutes in this state or similar offenses in another
1217 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1218 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1219 defendant is not the victim’s parent or guardian; s. 794.011,
1220 excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
1221 796.045; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1222 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1223 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
1224 offense committed in this state which has been redesignated from
1225 a former statute number to one of those listed in this
1226 paragraph; or
1227 2. Who establishes or maintains a residence in this state
1228 and who has not been designated as a sexual predator by a court
1229 of this state but who has been designated as a sexual predator,
1230 as a sexually violent predator, or by another sexual offender
1231 designation in another state or jurisdiction and was, as a
1232 result of such designation, subjected to registration or
1233 community or public notification, or both, or would be if the
1234 person were a resident of that state or jurisdiction, without
1235 regard as to whether the person otherwise meets the criteria for
1236 registration as a sexual offender.
1237 (f) “Internet identifier Instant message name” has the same
1238 meaning as provided in s. 775.21 means an identifier that allows
1239 a person to communicate in real time with another person using
1240 the Internet.
1241 (4) A sexual offender, as described in this section, who is
1242 under the supervision of the Department of Corrections but is
1243 not incarcerated must register with the Department of
1244 Corrections within 3 business days after sentencing for a
1245 registrable offense and otherwise provide information as
1246 required by this subsection.
1247 (a) The sexual offender shall provide his or her name; date
1248 of birth; social security number; race; sex; height; weight;
1249 hair and eye color; tattoos or other identifying marks; all any
1250 electronic mail addresses address and all Internet identifiers
1251 any instant message name required to be provided pursuant to s.
1252 943.0435(4)(d); the make, model, color, registration number, and
1253 license tag number of all vehicles owned; permanent or legal
1254 residence and address of temporary residence within the state or
1255 out of state while the sexual offender is under supervision in
1256 this state, including any rural route address or post office
1257 box; if no permanent or temporary address, any transient
1258 residence within the state; and address, location or
1259 description, and dates of any current or known future temporary
1260 residence within the state or out of state. The sexual offender
1261 must also produce his or her passport, if he or she has a
1262 passport, and, if he or she is an alien, must produce or provide
1263 information about documents establishing his or her immigration
1264 status. The sexual offender must also provide information about
1265 any professional licenses he or she may have. The Department of
1266 Corrections shall verify the address of each sexual offender in
1267 the manner described in ss. 775.21 and 943.0435. The department
1268 shall report to the Department of Law Enforcement any failure by
1269 a sexual predator or sexual offender to comply with registration
1270 requirements.
1271 (b) If the sexual offender is enrolled, employed,
1272 volunteering, or carrying on a vocation at an institution of
1273 higher education in this state, the sexual offender shall
1274 provide the name, address, and county of each institution,
1275 including each campus attended, and the sexual offender’s
1276 enrollment, volunteer, or employment status. Each change in
1277 enrollment, volunteer, or employment status shall be reported to
1278 the department within 48 hours after the change in status. The
1279 Department of Corrections shall promptly notify each institution
1280 of the sexual offender’s presence and any change in the sexual
1281 offender’s enrollment, volunteer, or employment status.
1282 (13)
1283 (c) The sheriff’s office may determine the appropriate
1284 times and days for reporting by the sexual offender, which shall
1285 be consistent with the reporting requirements of this
1286 subsection. Reregistration shall include any changes to the
1287 following information:
1288 1. Name; social security number; age; race; sex; date of
1289 birth; height; weight; hair and eye color; address of any
1290 permanent residence and address of any current temporary
1291 residence, within the state or out of state, including a rural
1292 route address and a post office box; if no permanent or
1293 temporary address, any transient residence; address, location or
1294 description, and dates of any current or known future temporary
1295 residence within the state or out of state; all any electronic
1296 mail addresses address and all Internet identifiers any instant
1297 message name required to be provided pursuant to s.
1298 943.0435(4)(d); date and place of any employment; the vehicle
1299 make, model, color, registration number, and license tag number
1300 of all vehicles owned; fingerprints; palm prints; and
1301 photograph. A post office box shall not be provided in lieu of a
1302 physical residential address. The sexual offender must also
1303 produce his or her passport, if he or she has a passport, and,
1304 if he or she is an alien, must produce or provide information
1305 about documents establishing his or her immigration status. The
1306 sexual offender must also provide information about any
1307 professional licenses he or she may have.
1308 2. If the sexual offender is enrolled, employed,
1309 volunteering, or carrying on a vocation at an institution of
1310 higher education in this state, the sexual offender shall also
1311 provide to the department the name, address, and county of each
1312 institution, including each campus attended, and the sexual
1313 offender’s enrollment, volunteer, or employment status.
1314 3. If the sexual offender’s place of residence is a motor
1315 vehicle, trailer, mobile home, or manufactured home, as defined
1316 in chapter 320, the sexual offender shall also provide the
1317 vehicle identification number; the license tag number; the
1318 registration number; and a description, including color scheme,
1319 of the motor vehicle, trailer, mobile home, or manufactured
1320 home. If the sexual offender’s place of residence is a vessel,
1321 live-aboard vessel, or houseboat, as defined in chapter 327, the
1322 sexual offender shall also provide the hull identification
1323 number; the manufacturer’s serial number; the name of the
1324 vessel, live-aboard vessel, or houseboat; the registration
1325 number; and a description, including color scheme, of the
1326 vessel, live-aboard vessel or houseboat.
1327 4. Any sexual offender who fails to report in person as
1328 required at the sheriff’s office, or who fails to respond to any
1329 address verification correspondence from the department within 3
1330 weeks of the date of the correspondence, or who fails to report
1331 all electronic mail addresses and all Internet identifiers or
1332 instant message names, or who knowingly provides false
1333 registration information by act or omission commits a felony of
1334 the third degree, punishable as provided in s. 775.082, s.
1335 775.083, or s. 775.084.
1336 Section 10. Subsection (11) of section 947.005, Florida
1337 Statutes, is amended to read:
1338 947.005 Definitions.—As used in this chapter, unless the
1339 context clearly indicates otherwise:
1340 (11) “Risk assessment” means an assessment completed by a
1341 an independent qualified practitioner to evaluate the level of
1342 risk associated when a sex offender has contact with a child.
1343 Section 11. Section 948.31, Florida Statutes, is amended to
1344 read:
1345 948.31 Evaluation and treatment of sexual predators and
1346 offenders on probation or community control.—The court may shall
1347 require an evaluation by a qualified practitioner to determine
1348 the need of a probationer or community controllee for treatment.
1349 If the court determines that a need therefor is established by
1350 the evaluation process, the court shall require sexual offender
1351 treatment as a term or condition of probation or community
1352 control for any probationer or community controllee person who
1353 is required to register as a sexual predator under s. 775.21 or
1354 sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to
1355 undergo an evaluation, at the probationer or community
1356 controllee’s expense, by a qualified practitioner to determine
1357 whether such person needs sexual offender treatment. If the
1358 qualified practitioner determines that sexual offender treatment
1359 is needed and recommends treatment, the probationer or community
1360 controllee must successfully complete and pay for the treatment.
1361 Such treatment must shall be required to be obtained from a
1362 qualified practitioner as defined in s. 948.001. Treatment may
1363 not be administered by a qualified practitioner who has been
1364 convicted or adjudicated delinquent of committing, or
1365 attempting, soliciting, or conspiring to commit, any offense
1366 that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1367 impose a restriction against contact with minors if sexual
1368 offender treatment is recommended. The evaluation and
1369 recommendations for treatment of the probationer or community
1370 controllee shall be provided to the court for review.
1371 Section 12. Paragraph (a) of subsection (3) of section
1372 985.481, Florida Statutes, is amended to read:
1373 985.481 Sexual offenders adjudicated delinquent;
1374 notification upon release.—
1375 (3)(a) The department must provide information regarding
1376 any sexual offender who is being released after serving a period
1377 of residential commitment under the department for any offense,
1378 as follows:
1379 1. The department must provide the sexual offender’s name,
1380 any change in the offender’s name by reason of marriage or other
1381 legal process, and any alias, if known; the correctional
1382 facility from which the sexual offender is released; the sexual
1383 offender’s social security number, race, sex, date of birth,
1384 height, weight, and hair and eye color; the make, model, color,
1385 registration number, and license tag number of all vehicles
1386 owned, if known; address of any planned permanent residence or
1387 temporary residence, within the state or out of state, including
1388 a rural route address and a post office box; if no permanent or
1389 temporary address, any transient residence within the state;
1390 address, location or description, and dates of any known future
1391 temporary residence within the state or out of state; date and
1392 county of disposition and each crime for which there was a
1393 disposition; a copy of the offender’s fingerprints and a
1394 digitized photograph taken within 60 days before release; the
1395 date of release of the sexual offender; all and home telephone
1396 numbers number and any cellular telephone numbers; information
1397 about any professional licenses the offender may have, if known;
1398 and passport information, if he or she has a passport, and, if
1399 he or she is an alien, information about documents establishing
1400 his or her immigration status number. The department shall
1401 notify the Department of Law Enforcement if the sexual offender
1402 escapes, absconds, or dies. If the sexual offender is in the
1403 custody of a private correctional facility, the facility shall
1404 take the digitized photograph of the sexual offender within 60
1405 days before the sexual offender’s release and also place it in
1406 the sexual offender’s file. If the sexual offender is in the
1407 custody of a local jail, the custodian of the local jail shall
1408 register the offender within 3 business days after intake of the
1409 offender for any reason and upon release, and shall notify the
1410 Department of Law Enforcement of the sexual offender’s release
1411 and provide to the Department of Law Enforcement the information
1412 specified in this subparagraph and any information specified in
1413 subparagraph 2. which the Department of Law Enforcement
1414 requests.
1415 2. The department may provide any other information
1416 considered necessary, including criminal and delinquency
1417 records, when available.
1418 Section 13. Subsection (4) and paragraph (b) of subsection
1419 (13) of section 985.4815, Florida Statutes, are amended to read:
1420 985.4815 Notification to Department of Law Enforcement of
1421 information on juvenile sexual offenders.—
1422 (4) A sexual offender, as described in this section, who is
1423 under the supervision of the department but who is not committed
1424 must register with the department within 3 business days after
1425 adjudication and disposition for a registrable offense and
1426 otherwise provide information as required by this subsection.
1427 (a) The sexual offender shall provide his or her name; date
1428 of birth; social security number; race; sex; height; weight;
1429 hair and eye color; tattoos or other identifying marks; the
1430 make, model, color, registration number, and license tag number
1431 of all vehicles owned; permanent or legal residence and address
1432 of temporary residence within the state or out of state while
1433 the sexual offender is in the care or custody or under the
1434 jurisdiction or supervision of the department in this state,
1435 including any rural route address or post office box; if no
1436 permanent or temporary address, any transient residence;
1437 address, location or description, and dates of any current or
1438 known future temporary residence within the state or out of
1439 state; and the name and address of each school attended. The
1440 sexual offender must also produce his or her passport, if he or
1441 she has a passport, and, if he or she is an alien, must produce
1442 or provide information about documents establishing his or her
1443 immigration status. The offender must also provide information
1444 about any professional licenses he or she may have. The
1445 department shall verify the address of each sexual offender and
1446 shall report to the Department of Law Enforcement any failure by
1447 a sexual offender to comply with registration requirements.
1448 (b) If the sexual offender is enrolled, employed,
1449 volunteering, or carrying on a vocation at an institution of
1450 higher education in this state, the sexual offender shall
1451 provide the name, address, and county of each institution,
1452 including each campus attended, and the sexual offender’s
1453 enrollment, volunteer, or employment status. Each change in
1454 enrollment, volunteer, or employment status shall be reported to
1455 the department within 48 hours after the change in status. The
1456 department shall promptly notify each institution of the sexual
1457 offender’s presence and any change in the sexual offender’s
1458 enrollment, volunteer, or employment status.
1459 (13)
1460 (b) The sheriff’s office may determine the appropriate
1461 times and days for reporting by the sexual offender, which shall
1462 be consistent with the reporting requirements of this
1463 subsection. Reregistration shall include any changes to the
1464 following information:
1465 1. Name; social security number; age; race; sex; date of
1466 birth; height; weight; hair and eye color; fingerprints; palm
1467 prints; address of any permanent residence and address of any
1468 current temporary residence, within the state or out of state,
1469 including a rural route address and a post office box; if no
1470 permanent or temporary address, any transient residence;
1471 address, location or description, and dates of any current or
1472 known future temporary residence within the state or out of
1473 state; passport information, if he or she has a passport, and,
1474 if he or she is an alien, information about documents
1475 establishing his or her immigration status; name and address of
1476 each school attended; date and place of any employment; the
1477 vehicle make, model, color, registration number, and license tag
1478 number of all vehicles owned; fingerprints; and photograph. A
1479 post office box shall not be provided in lieu of a physical
1480 residential address. The offender must also provide information
1481 about any professional licenses he or she may have.
1482 2. If the sexual offender is enrolled, employed,
1483 volunteering, or carrying on a vocation at an institution of
1484 higher education in this state, the sexual offender shall also
1485 provide to the department the name, address, and county of each
1486 institution, including each campus attended, and the sexual
1487 offender’s enrollment, volunteer, or employment status.
1488 3. If the sexual offender’s place of residence is a motor
1489 vehicle, trailer, mobile home, or manufactured home, as defined
1490 in chapter 320, the sexual offender shall also provide the
1491 vehicle identification number; the license tag number; the
1492 registration number; and a description, including color scheme,
1493 of the motor vehicle, trailer, mobile home, or manufactured
1494 home. If the sexual offender’s place of residence is a vessel,
1495 live-aboard vessel, or houseboat, as defined in chapter 327, the
1496 sexual offender shall also provide the hull identification
1497 number; the manufacturer’s serial number; the name of the
1498 vessel, live-aboard vessel, or houseboat; the registration
1499 number; and a description, including color scheme, of the
1500 vessel, live-aboard vessel, or houseboat.
1501 4. Any sexual offender who fails to report in person as
1502 required at the sheriff’s office, or who fails to respond to any
1503 address verification correspondence from the department within 3
1504 weeks after the date of the correspondence, or who knowingly
1505 provides false registration information by act or omission
1506 commits a felony of the third degree, punishable as provided in
1507 ss. 775.082, 775.083, and 775.084.
1508 Section 14. Subsection (13) is added to section 947.1405,
1509 Florida Statutes, to read:
1510 947.1405 Conditional release program.—
1511 (13) In addition to all other conditions imposed, for a
1512 releasee who is subject to conditional release for a crime that
1513 was committed on or after October 1, 2012, and who has been
1514 convicted at any time of a violation of s. 800.04(7)(b) or s.
1515 847.0135(4), or a similar offense in another jurisdiction, the
1516 commission must order electronic monitoring for the duration of
1517 the releasee’s supervision.
1518 Section 15. Subsection (5) is added to section 948.30,
1519 Florida Statutes, to read:
1520 948.30 Additional terms and conditions of probation or
1521 community control for certain sex offenses.—Conditions imposed
1522 pursuant to this section do not require oral pronouncement at
1523 the time of sentencing and shall be considered standard
1524 conditions of probation or community control for offenders
1525 specified in this section.
1526 (5) Effective for a probationer or community controllee
1527 whose crime was committed on or after October 1, 2012, and who:
1528 (a) Is placed on probation or community control for a
1529 violation of s. 800.04(7)(b) or s. 847.0135(4); or
1530 (b) Has previously been convicted of a violation of s.
1531 800.04(7)(b) or s. 847.0135(4), or a similar offense in another
1532 jurisdiction,
1533
1534 the court must order, in addition to any other requirements of
1535 this section, mandatory electronic monitoring as a condition of
1536 the probation or community control supervision.
1537 Section 16. Paragraphs (g) and (i) of subsection (3) of
1538 section 921.0022, Florida Statutes, are amended to read:
1539 921.0022 Criminal Punishment Code; offense severity ranking
1540 chart.—
1541 (3) OFFENSE SEVERITY RANKING CHART
1542 (g) LEVEL 7
1543 FloridaStatute FelonyDegree Description
1544 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1545 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1546 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
1547 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1548 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1549 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1550 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1551 456.065(2) 3rd Practicing a health care profession without a license.
1552 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1553 458.327(1) 3rd Practicing medicine without a license.
1554 459.013(1) 3rd Practicing osteopathic medicine without a license.
1555 460.411(1) 3rd Practicing chiropractic medicine without a license.
1556 461.012(1) 3rd Practicing podiatric medicine without a license.
1557 462.17 3rd Practicing naturopathy without a license.
1558 463.015(1) 3rd Practicing optometry without a license.
1559 464.016(1) 3rd Practicing nursing without a license.
1560 465.015(2) 3rd Practicing pharmacy without a license.
1561 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1562 467.201 3rd Practicing midwifery without a license.
1563 468.366 3rd Delivering respiratory care services without a license.
1564 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1565 483.901(9) 3rd Practicing medical physics without a license.
1566 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1567 484.053 3rd Dispensing hearing aids without a license.
1568 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
1569 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
1570 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1571 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1572 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
1573 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1574 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1575 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1576 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1577 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1578 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1579 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1580 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1581 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1582 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1583 784.048(7) 3rd Aggravated stalking; violation of court order.
1584 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1585 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1586 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1587 784.081(1) 1st Aggravated battery on specified official or employee.
1588 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1589 784.083(1) 1st Aggravated battery on code inspector.
1590 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1591 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1592 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1593 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1594 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1595 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1596 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1597 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
1598 796.03 2nd Procuring any person under 18 16 years for prostitution.
1599 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1600 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
1601 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1602 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1603 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1604 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1605 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1606 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
1607 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1608 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1609 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1610 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1611 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1612 812.131(2)(a) 2nd Robbery by sudden snatching.
1613 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1614 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1615 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1616 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1617 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
1618 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1619 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
1620 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1621 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1622 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1623 838.015 2nd Bribery.
1624 838.016 2nd Unlawful compensation or reward for official behavior.
1625 838.021(3)(a) 2nd Unlawful harm to a public servant.
1626 838.22 2nd Bid tampering.
1627 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1628 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1629 872.06 2nd Abuse of a dead human body.
1630 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1631 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
1632 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
1633 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
1634 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1635 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1636 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1637 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1638 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1639 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1640 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1641 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1642 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1643 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1644 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1645 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1646 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1647 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1648 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1649 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1650 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1651 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1652 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1653 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1654 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1655 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1656 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1657 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1658 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1659 (i) LEVEL 9
1660 FloridaStatute FelonyDegree Description
1661 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1662 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1663 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1664 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1665 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1666 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1667 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1668 775.0844 1st Aggravated white collar crime.
1669 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1670 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
1671 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1672 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1673 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1674 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1675 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1676 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1677 790.161 1st Attempted capital destructive device offense.
1678 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1679 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1680 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1681 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1682 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1683 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1684 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1685 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1686 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1687 812.135(2)(b) 1st Home-invasion robbery with weapon.
1688 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
1689 827.03(2) 1st Aggravated child abuse.
1690 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1691 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1692 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
1693 893.135 1st Attempted capital trafficking offense.
1694 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1695 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1696 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1697 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1698 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1699 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1700 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1701 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1702 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1703 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1704 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1705 Section 17. This act shall take effect October 1, 2012.