Florida Senate - 2014 CS for SB 528
By the Committee on Judiciary; and Senator Evers
590-01633-14 2014528c1
1 A bill to be entitled
2 An act relating to sex offenses; amending s. 68.07,
3 F.S.; requiring the Department of Law Enforcement to
4 inform the clerk of the court if a person petitioning
5 for a name change has registered as a sexual predator
6 or sexual offender; requiring that each name change
7 petition show whether the petitioner has ever been
8 required to register as a sexual predator or sexual
9 offender; requiring certain agencies to be notified of
10 an order granting a name change to a person required
11 to register as a sexual predator or sexual offender;
12 requiring the Department of Law Enforcement and
13 certain law enforcement agencies to be notified when a
14 person required to register as a sexual predator or
15 sexual offender and granted a legal name change fails
16 to meet requirements to obtain a replacement driver
17 license or identification card; amending s. 775.21,
18 F.S.; revising definitions; providing that voluntary
19 disclosure of specified information waives a
20 disclosure exemption for such information; adding
21 additional offenses to the list of sexual predator
22 qualifying offenses; requiring disclosure of
23 additional information during the sexual predator
24 registration process; requiring that a sexual predator
25 who is unable to secure or update a driver license or
26 identification card within a specified period report a
27 change in certain information to the local sheriff’s
28 office within a specified time after such change and
29 confirm that he or she also reported such information
30 to the Department of Highway Safety and Motor
31 Vehicles; revising reporting requirements if a sexual
32 predator plans to leave the United States for more
33 than a specified time; providing criminal penalties
34 for knowingly providing false registration information
35 by act or omission; conforming provisions to changes
36 made by the act; amending s. 943.043, F.S.;
37 prohibiting display or dissemination of certain
38 vehicle information on the Internet public registry of
39 sexual predators and offenders; amending s. 943.0435,
40 F.S.; adding additional offenses to the list of sexual
41 offender qualifying offenses; revising definitions;
42 requiring disclosure of additional sexual offender
43 registration information; requiring that a sexual
44 offender who is unable to secure or update a driver
45 license or identification card within a specified
46 period report a change in certain information to the
47 local sheriff’s office within a specified period of
48 time of such change and confirm that he or she also
49 reported such information to the Department of Highway
50 Safety and Motor Vehicles; providing additional
51 requirements for sexual offenders intending to reside
52 outside of the United States; revising criteria
53 applicable to provisions that allow removal of the
54 requirement to register as a sexual offender;
55 providing criminal penalties for knowingly providing
56 false registration information by act or omission;
57 conforming provisions to changes made by the act;
58 amending s. 943.04354, F.S.; revising the criteria
59 applicable to provisions that allow removal of the
60 requirement to register as a sexual offender or sexual
61 predator; amending s. 943.0437, F.S.; conforming
62 terminology; amending ss. 944.606 and 944.607, F.S.;
63 adding additional offenses to the list of sexual
64 offender qualifying offenses; revising definitions;
65 requiring disclosure of additional registration
66 information; providing criminal penalties for
67 knowingly providing false registration information by
68 act or omission; conforming provisions to changes made
69 by the act; amending ss. 985.481 and 985.4815, F.S.;
70 requiring disclosure of additional registration
71 information by certain sexual offenders adjudicated
72 delinquent and certain juvenile sexual offenders;
73 providing criminal penalties for knowingly providing
74 false registration information by act or omission;
75 amending s. 921.0022, F.S.; updating provisions of the
76 offense severity ranking chart of the Criminal
77 Punishment Code to reflect prior changes in the law;
78 conforming provisions of the offense severity ranking
79 chart to changes made by the act; providing an
80 effective date.
81
82 Be It Enacted by the Legislature of the State of Florida:
83
84 Section 1. Paragraph (a) of subsection (2) and subsection
85 (6) of section 68.07, Florida Statutes, are amended and a new
86 paragraph (i) is added to subsection (3) of that section to
87 read:
88 68.07 Change of name.—
89 (2)(a) Before the court hearing on a petition for a name
90 change, the petitioner must have fingerprints submitted for a
91 state and national criminal history records check, except if a
92 former name is being restored. Fingerprints for the petitioner
93 shall be taken in a manner approved by the Department of Law
94 Enforcement and shall be submitted electronically to the
95 department for state processing for a criminal history records
96 check. The department shall submit the fingerprints to the
97 Federal Bureau of Investigation for national processing. The
98 department shall submit the results of the state and national
99 records check, which must indicate whether the petitioner has
100 registered as a sexual predator or a sexual offender, to the
101 clerk of the court. The court shall consider the results in
102 reviewing the information contained in the petition and
103 evaluating whether to grant the petition.
104 (3) Each petition shall be verified and show:
105 (i) Whether the petitioner has ever been required to
106 register as a sexual predator under s. 775.021 or as a sexual
107 offender under s. 943.0435.
108 (j)(i) Whether any money judgment has ever been entered
109 against the petitioner and if so, the name of the judgment
110 creditor, the amount and date thereof, the court by which
111 entered, and whether the judgment has been satisfied.
112 (k)(j) That the petition is filed for no ulterior or
113 illegal purpose and granting it will not in any manner invade
114 the property rights of others, whether partnership, patent, good
115 will, privacy, trademark, or otherwise.
116 (l)(k) That the petitioner’s civil rights have never been
117 suspended or, if the petitioner’s civil rights have been
118 suspended, that full restoration of civil rights has occurred.
119 (6) The clerk of the court must, within 5 business days
120 after upon the filing of the final judgment, send a report of
121 the judgment to the Department of Law Enforcement on a form to
122 be furnished by that department. If the petitioner is required
123 to register as a sexual predator or a sexual offender pursuant
124 to s. 775.21 or s. 943.0435, the clerk of court shall
125 electronically notify the Department of Law Enforcement of the
126 name change, in a manner prescribed by that department, within 2
127 business days after the filing of the final judgment. The
128 Department of Law Enforcement must send a copy of the report to
129 the Department of Highway Safety and Motor Vehicles, which may
130 be delivered by electronic transmission. The report must contain
131 sufficient information to identify the petitioner, including the
132 results of the criminal history records check if applicable, the
133 new name of the petitioner, and the file number of the judgment.
134 The Department of Highway Safety and Motor Vehicles shall
135 monitor the records of any sexual predator or sexual offender
136 whose name has been provided to it by the Department of Law
137 Enforcement. If the sexual predator or sexual offender does not
138 obtain a replacement driver license or identification card
139 within the required time as specified in s. 775.21 or s.
140 943.0435, the Department of Highway Safety and Motor Vehicles
141 shall notify the Department of Law Enforcement. The Department
142 of Law Enforcement shall notify applicable law enforcement
143 agencies of the offender’s failure to comply with registration
144 requirements. Any information retained by the Department of Law
145 Enforcement and the Department of Highway Safety and Motor
146 Vehicles may be revised or supplemented by said departments to
147 reflect changes made by the final judgment. With respect to a
148 person convicted of a felony in another state or of a federal
149 offense, the Department of Law Enforcement must send the report
150 to the respective state’s office of law enforcement records or
151 to the office of the Federal Bureau of Investigation. The
152 Department of Law Enforcement may forward the report to any
153 other law enforcement agency it believes may retain information
154 related to the petitioner.
155 Section 2. Paragraph (i) of subsection (2), paragraph (a)
156 of subsection (4), subsections (6) and (8), and paragraph (a) of
157 subsection (10) of section 775.21, Florida Statutes, are amended
158 and a new paragraph (n) is added to subsection (2) of that
159 section to read:
160 775.21 The Florida Sexual Predators Act.—
161 (2) DEFINITIONS.—As used in this section, the term:
162 (i) “Internet identifier Instant message name” means all
163 electronic mail, chat, instant messenger, social networking,
164 application software, or similar names used for Internet
165 communication, but does not include a date of birth, social
166 security number, or personal identification number (PIN).
167 Voluntary disclosure by a sexual predator of his or her date of
168 birth, social security number, or PIN as an Internet identifier
169 waives the disclosure exemption in this paragraph for such
170 personal information an identifier that allows a person to
171 communicate in real time with another person using the Internet.
172 (n) “Vehicles owned” means any motor vehicle as defined in
173 s. 320.01, which is registered, co-registered, leased, titled,
174 or rented by a person; a rented vehicle that the person is
175 authorized to drive; or a vehicle for which the person is
176 insured as a driver.
177 (4) SEXUAL PREDATOR CRITERIA.—
178 (a) For a current offense committed on or after October 1,
179 1993, upon conviction, an offender shall be designated as a
180 “sexual predator” under subsection (5), and subject to
181 registration under subsection (6) and community and public
182 notification under subsection (7) if:
183 1. The felony is:
184 a. A capital, life, or first-degree felony violation, or
185 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
186 is a minor and the defendant is not the victim’s parent or
187 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
188 violation of a similar law of another jurisdiction; or
189 b. Any felony violation, or any attempt thereof, of s.
190 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
191 787.025(2)(c), where the victim is a minor and the defendant is
192 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
193 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
194 796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025 s.
195 825.1025(2)(b); s. 827.071; s. 847.0135, excluding s.
196 847.0135(6) s. 847.0135(5); s. 847.0145; s. 916.1075(2); or s.
197 985.701(1); or a violation of a similar law of another
198 jurisdiction, and the offender has previously been convicted of
199 or found to have committed, or has pled nolo contendere or
200 guilty to, regardless of adjudication, any violation of s.
201 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
202 787.025(2)(c), where the victim is a minor and the defendant is
203 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
204 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
205 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
206 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
207 916.1075(2); or s. 985.701(1); or a violation of a similar law
208 of another jurisdiction;
209 2. The offender has not received a pardon for any felony or
210 similar law of another jurisdiction that is necessary for the
211 operation of this paragraph; and
212 3. A conviction of a felony or similar law of another
213 jurisdiction necessary to the operation of this paragraph has
214 not been set aside in any postconviction proceeding.
215 (6) REGISTRATION.—
216 (a) A sexual predator shall must register with the
217 department through the sheriff’s office by providing the
218 following information to the department:
219 1. Name; social security number; age; race; sex; date of
220 birth; height; weight; tattoos or other identifying marks; hair
221 and eye color; photograph; address of legal residence and
222 address of any current temporary residence, within the state or
223 out of state, including a rural route address and a post office
224 box; if no permanent or temporary address, any transient
225 residence within the state; address, location or description,
226 and dates of any current or known future temporary residence
227 within the state or out of state; all any electronic mail
228 addresses address and all Internet identifiers any instant
229 message name required to be provided pursuant to subparagraph
230 (g)4.; all home telephone numbers number and any cellular
231 telephone numbers number; date and place of any employment; the
232 make, model, color, vehicle identification number (VIN), and
233 license tag number of all vehicles owned by the sexual predator
234 and all vehicles owned by a person or persons residing at the
235 sexual predator’s residence; date and place of each conviction;
236 fingerprints; palm prints; and a brief description of the crime
237 or crimes committed by the offender. A person is residing at the
238 sexual predator’s residence if the person abides, lodges, or
239 resides at that residence for 5 or more consecutive days. A post
240 office box may shall not be provided in lieu of a physical
241 residential address. The sexual predator shall produce his or
242 her passport, if he or she has a passport, and, if he or she is
243 an alien, shall produce or provide information about documents
244 establishing his or her immigration status. The sexual predator
245 shall also provide information about any professional licenses
246 he or she has.
247 a. If the sexual predator’s place of residence is a motor
248 vehicle, trailer, mobile home, or manufactured home, as defined
249 in chapter 320, the sexual predator shall also provide to the
250 department written notice of the vehicle identification number;
251 the license tag number; the registration number; and a
252 description, including color scheme, of the motor vehicle,
253 trailer, mobile home, or manufactured home. If a sexual
254 predator’s place of residence is a vessel, live-aboard vessel,
255 or houseboat, as defined in chapter 327, the sexual predator
256 shall also provide to the department written notice of the hull
257 identification number; the manufacturer’s serial number; the
258 name of the vessel, live-aboard vessel, or houseboat; the
259 registration number; and a description, including color scheme,
260 of the vessel, live-aboard vessel, or houseboat.
261 b. If the sexual predator is enrolled, employed,
262 volunteering, or carrying on a vocation at an institution of
263 higher education in this state, the sexual predator shall also
264 provide to the department the name, address, and county of each
265 institution, including each campus attended, and the sexual
266 predator’s enrollment, volunteer, or employment status. Each
267 change in enrollment, volunteer, or employment status must shall
268 be reported in person at the sheriff’s office, or the Department
269 of Corrections if the sexual predator is in the custody or
270 control of or under the supervision of the Department of
271 Corrections, within 48 hours after any change in status. The
272 sheriff or the Department of Corrections shall promptly notify
273 each institution of the sexual predator’s presence and any
274 change in the sexual predator’s enrollment, volunteer, or
275 employment status.
276 2. Any other information determined necessary by the
277 department, including criminal and corrections records;
278 nonprivileged personnel and treatment records; and evidentiary
279 genetic markers when available.
280 (b) If the sexual predator is in the custody or control of,
281 or under the supervision of, the Department of Corrections, or
282 is in the custody of a private correctional facility, the sexual
283 predator shall must register with the Department of Corrections.
284 A sexual predator who is under the supervision of the Department
285 of Corrections but who is not incarcerated shall must register
286 with the Department of Corrections within 3 business days after
287 the court finds the offender to be a sexual predator. The
288 Department of Corrections shall provide to the department
289 registration information and the location of, and local
290 telephone number for, any Department of Corrections office that
291 is responsible for supervising the sexual predator. In addition,
292 the Department of Corrections shall notify the department if the
293 sexual predator escapes or absconds from custody or supervision
294 or if the sexual predator dies.
295 (c) If the sexual predator is in the custody of a local
296 jail, the custodian of the local jail shall register the sexual
297 predator within 3 business days after intake of the sexual
298 predator for any reason and upon release, and shall forward the
299 registration information to the department. The custodian of the
300 local jail shall also take a digitized photograph of the sexual
301 predator while the sexual predator remains in custody and shall
302 provide the digitized photograph to the department. The
303 custodian shall notify the department if the sexual predator
304 escapes from custody or dies.
305 (d) If the sexual predator is under federal supervision,
306 the federal agency responsible for supervising the sexual
307 predator may forward to the department any information regarding
308 the sexual predator which is consistent with the information
309 provided by the Department of Corrections under this section,
310 and may indicate whether use of the information is restricted to
311 law enforcement purposes only or may be used by the department
312 for purposes of public notification.
313 (e)1. If the sexual predator is not in the custody or
314 control of, or under the supervision of, the Department of
315 Corrections or is not in the custody of a private correctional
316 facility, the sexual predator shall register in person:
317 a. At the sheriff’s office in the county where he or she
318 establishes or maintains a residence within 48 hours after
319 establishing or maintaining a residence in this state; and
320 b. At the sheriff’s office in the county where he or she
321 was designated a sexual predator by the court within 48 hours
322 after such finding is made.
323 2. Any change in the sexual predator’s permanent or
324 temporary residence, name, or any electronic mail addresses, or
325 Internet identifiers address and any instant message name
326 required to be provided pursuant to subparagraph (g)4., after
327 the sexual predator registers in person at the sheriff’s office
328 as provided in subparagraph 1., must shall be accomplished in
329 the manner provided in paragraphs (g), (i), and (j). When a
330 sexual predator registers with the sheriff’s office, the sheriff
331 shall take a photograph, and a set of fingerprints, and palm
332 prints of the predator and forward the photographs, palm prints,
333 and fingerprints to the department, along with the information
334 that the predator is required to provide pursuant to this
335 section.
336 (f) Within 48 hours after the registration required under
337 paragraph (a) or paragraph (e), a sexual predator who is not
338 incarcerated and who resides in the community, including a
339 sexual predator under the supervision of the Department of
340 Corrections, shall register in person at a driver driver’s
341 license office of the Department of Highway Safety and Motor
342 Vehicles and shall present proof of registration. At the driver
343 driver’s license office the sexual predator shall:
344 1. If otherwise qualified, secure a Florida driver driver’s
345 license, renew a Florida driver driver’s license, or secure an
346 identification card. The sexual predator shall identify himself
347 or herself as a sexual predator who is required to comply with
348 this section, provide his or her place of permanent, temporary,
349 or transient residence, including a rural route address and a
350 post office box, and submit to the taking of a photograph for
351 use in issuing a driver driver’s license, renewed license, or
352 identification card, and for use by the department in
353 maintaining current records of sexual predators. A post office
354 box may shall not be provided in lieu of a physical residential
355 address. If the sexual predator’s place of residence is a motor
356 vehicle, trailer, mobile home, or manufactured home, as defined
357 in chapter 320, the sexual predator shall also provide to the
358 Department of Highway Safety and Motor Vehicles the vehicle
359 identification number; the license tag number; the registration
360 number; and a description, including color scheme, of the motor
361 vehicle, trailer, mobile home, or manufactured home. If a sexual
362 predator’s place of residence is a vessel, live-aboard vessel,
363 or houseboat, as defined in chapter 327, the sexual predator
364 shall also provide to the Department of Highway Safety and Motor
365 Vehicles the hull identification number; the manufacturer’s
366 serial number; the name of the vessel, live-aboard vessel, or
367 houseboat; the registration number; and a description, including
368 color scheme, of the vessel, live-aboard vessel, or houseboat.
369 2. Pay the costs assessed by the Department of Highway
370 Safety and Motor Vehicles for issuing or renewing a driver
371 driver’s license or identification card as required by this
372 section. The driver driver’s license or identification card
373 issued to the sexual predator must comply be in compliance with
374 s. 322.141(3).
375 3. Provide, upon request, any additional information
376 necessary to confirm the identity of the sexual predator,
377 including a set of fingerprints.
378 (g)1. Each time a sexual predator’s driver driver’s license
379 or identification card is subject to renewal, and, without
380 regard to the status of the predator’s driver driver’s license
381 or identification card, within 48 hours after any change of the
382 predator’s residence or change in the predator’s name by reason
383 of marriage or other legal process, the predator shall report in
384 person to a driver driver’s license office and is shall be
385 subject to the requirements specified in paragraph (f). The
386 Department of Highway Safety and Motor Vehicles shall forward to
387 the department and to the Department of Corrections all
388 photographs and information provided by sexual predators.
389 Notwithstanding the restrictions set forth in s. 322.142, the
390 Department of Highway Safety and Motor Vehicles may is
391 authorized to release a reproduction of a color-photograph or
392 digital-image license to the Department of Law Enforcement for
393 purposes of public notification of sexual predators as provided
394 in this section. A sexual predator who is unable to secure or
395 update a driver license or identification card with the
396 Department of Highway Safety and Motor Vehicles as provided in
397 paragraph (f) and this paragraph shall also report any change of
398 the predator’s residence or change in the predator’s name by
399 reason of marriage or other legal process within 48 hours after
400 the change to the sheriff’s office in the county where the
401 predator resides or is located and provide confirmation that he
402 or she reported such information to the Department of Highway
403 Safety and Motor Vehicles.
404 2. A sexual predator who vacates a permanent, temporary, or
405 transient residence and fails to establish or maintain another
406 permanent, temporary, or transient residence shall, within 48
407 hours after vacating the permanent, temporary, or transient
408 residence, report in person to the sheriff’s office of the
409 county in which he or she is located. The sexual predator shall
410 specify the date upon which he or she intends to or did vacate
411 such residence. The sexual predator shall must provide or update
412 all of the registration information required under paragraph
413 (a). The sexual predator shall must provide an address for the
414 residence or other place that he or she is or will be located
415 during the time in which he or she fails to establish or
416 maintain a permanent or temporary residence.
417 3. A sexual predator who remains at a permanent, temporary,
418 or transient residence after reporting his or her intent to
419 vacate such residence shall, within 48 hours after the date upon
420 which the predator indicated he or she would or did vacate such
421 residence, report in person to the sheriff’s office to which he
422 or she reported pursuant to subparagraph 2. for the purpose of
423 reporting his or her address at such residence. When the sheriff
424 receives the report, the sheriff shall promptly convey the
425 information to the department. An offender who makes a report as
426 required under subparagraph 2. but fails to make a report as
427 required under this subparagraph commits a felony of the second
428 degree, punishable as provided in s. 775.082, s. 775.083, or s.
429 775.084.
430 4. A sexual predator shall must register all any electronic
431 mail addresses and Internet identifiers address or instant
432 message name with the department before prior to using such
433 electronic mail addresses and Internet identifiers address or
434 instant message name on or after October 1, 2007. The department
435 shall establish an online system through which sexual predators
436 may securely access and update all electronic mail address and
437 Internet identifier instant message name information.
438 (h) The department shall must notify the sheriff and the
439 state attorney of the county and, if applicable, the police
440 chief of the municipality, where the sexual predator maintains a
441 residence.
442 (i) A sexual predator who intends to establish a permanent,
443 temporary, or transient residence in another state or
444 jurisdiction other than the State of Florida shall report in
445 person to the sheriff of the county of current residence within
446 48 hours before the date he or she intends to leave this state
447 to establish residence in another state or jurisdiction or
448 within 21 days before his or her planned departure date if the
449 intended residence of 5 days or more is outside of the United
450 States. The sexual predator shall must provide to the sheriff
451 the address, municipality, county, and state, and country of
452 intended residence. The sheriff shall promptly provide to the
453 department the information received from the sexual predator.
454 The department shall notify the statewide law enforcement
455 agency, or a comparable agency, in the intended state, or
456 jurisdiction, or country of residence of the sexual predator’s
457 intended residence. The failure of a sexual predator to provide
458 his or her intended place of residence is punishable as provided
459 in subsection (10).
460 (j) A sexual predator who indicates his or her intent to
461 establish a permanent, temporary, or transient residence in
462 another state, a or jurisdiction other than the State of
463 Florida, or another country and later decides to remain in this
464 state shall, within 48 hours after the date upon which the
465 sexual predator indicated he or she would leave this state,
466 report in person to the sheriff to which the sexual predator
467 reported the intended change of residence, and report his or her
468 intent to remain in this state. If the sheriff is notified by
469 the sexual predator that he or she intends to remain in this
470 state, the sheriff shall promptly report this information to the
471 department. A sexual predator who reports his or her intent to
472 establish a permanent, temporary, or transient residence in
473 another state, a or jurisdiction other than the State of
474 Florida, or another country, but who remains in this state
475 without reporting to the sheriff in the manner required by this
476 paragraph, commits a felony of the second degree, punishable as
477 provided in s. 775.082, s. 775.083, or s. 775.084.
478 (k)1. The department is responsible for the online
479 maintenance of current information regarding each registered
480 sexual predator. The department shall must maintain hotline
481 access for state, local, and federal law enforcement agencies to
482 obtain instantaneous locator file and offender characteristics
483 information on all released registered sexual predators for
484 purposes of monitoring, tracking, and prosecution. The
485 photograph and fingerprints do not have to be stored in a
486 computerized format.
487 2. The department’s sexual predator registration list,
488 containing the information described in subparagraph (a)1., is a
489 public record. The department may is authorized to disseminate
490 this public information by any means deemed appropriate,
491 including operating a toll-free telephone number for this
492 purpose. When the department provides information regarding a
493 registered sexual predator to the public, department personnel
494 shall must advise the person making the inquiry that positive
495 identification of a person believed to be a sexual predator
496 cannot be established unless a fingerprint comparison is made,
497 and that it is illegal to use public information regarding a
498 registered sexual predator to facilitate the commission of a
499 crime.
500 3. The department shall adopt guidelines as necessary
501 regarding the registration of sexual predators and the
502 dissemination of information regarding sexual predators as
503 required by this section.
504 (l) A sexual predator shall must maintain registration with
505 the department for the duration of his or her life, unless the
506 sexual predator has received a full pardon or has had a
507 conviction set aside in a postconviction proceeding for any
508 offense that met the criteria for the sexual predator
509 designation.
510 (8) VERIFICATION.—The department and the Department of
511 Corrections shall implement a system for verifying the addresses
512 of sexual predators. The system must be consistent with the
513 provisions of the federal Adam Walsh Child Protection and Safety
514 Act of 2006 and any other federal standards applicable to such
515 verification or required to be met as a condition for the
516 receipt of federal funds by the state. The Department of
517 Corrections shall verify the addresses of sexual predators who
518 are not incarcerated but who reside in the community under the
519 supervision of the Department of Corrections and shall report to
520 the department any failure by a sexual predator to comply with
521 registration requirements. County and local law enforcement
522 agencies, in conjunction with the department, shall verify the
523 addresses of sexual predators who are not under the care,
524 custody, control, or supervision of the Department of
525 Corrections. Local law enforcement agencies shall report to the
526 department any failure by a sexual predator to comply with
527 registration requirements.
528 (a) A sexual predator shall must report in person each year
529 during the month of the sexual predator’s birthday and during
530 every third month thereafter to the sheriff’s office in the
531 county in which he or she resides or is otherwise located to
532 reregister. The sheriff’s office may determine the appropriate
533 times and days for reporting by the sexual predator, which must
534 shall be consistent with the reporting requirements of this
535 paragraph. Reregistration must shall include any changes to the
536 following information:
537 1. Name; social security number; age; race; sex; date of
538 birth; height; weight; tattoos or other identifying marks; hair
539 and eye color; address of any permanent residence and address of
540 any current temporary residence, within the state or out of
541 state, including a rural route address and a post office box; if
542 no permanent or temporary address, any transient residence
543 within the state; address, location or description, and dates of
544 any current or known future temporary residence within the state
545 or out of state; all any electronic mail addresses or Internet
546 identifiers address and any instant message name required to be
547 provided pursuant to subparagraph (6)(g)4.; all home telephone
548 numbers or number and any cellular telephone numbers number;
549 date and place of any employment; the vehicle make, model,
550 color, vehicle identification number (VIN), and license tag
551 number of all vehicles owned by the sexual predator and all
552 vehicles owned by a person or persons residing at the sexual
553 predator’s residence; fingerprints; palm prints; and photograph.
554 A person is residing at the sexual predator’s residence if the
555 person abides, lodges, or resides at that residence for 5 or
556 more consecutive days. A post office box may shall not be
557 provided in lieu of a physical residential address. The sexual
558 predator shall also produce his or her passport, if he or she
559 has a passport, and, if he or she is an alien, shall produce or
560 provide information about documents establishing his or her
561 immigration status. The sexual predator shall also provide
562 information about any professional licenses he or she has.
563 2. If the sexual predator is enrolled, employed,
564 volunteering, or carrying on a vocation at an institution of
565 higher education in this state, the sexual predator shall also
566 provide to the department the name, address, and county of each
567 institution, including each campus attended, and the sexual
568 predator’s enrollment, volunteer, or employment status.
569 3. If the sexual predator’s place of residence is a motor
570 vehicle, trailer, mobile home, or manufactured home, as defined
571 in chapter 320, the sexual predator shall also provide the
572 vehicle identification number; the license tag number; the
573 registration number; and a description, including color scheme,
574 of the motor vehicle, trailer, mobile home, or manufactured
575 home. If the sexual predator’s place of residence is a vessel,
576 live-aboard vessel, or houseboat, as defined in chapter 327, the
577 sexual predator shall also provide the hull identification
578 number; the manufacturer’s serial number; the name of the
579 vessel, live-aboard vessel, or houseboat; the registration
580 number; and a description, including color scheme, of the
581 vessel, live-aboard vessel, or houseboat.
582 (b) The sheriff’s office shall, within 2 working days,
583 electronically submit and update all information provided by the
584 sexual predator to the department in a manner prescribed by the
585 department.
586 (10) PENALTIES.—
587 (a) Except as otherwise specifically provided, a sexual
588 predator who fails to register; who fails, after registration,
589 to maintain, acquire, or renew a driver driver’s license or
590 identification card; who fails to provide required location
591 information, electronic mail address information before use,
592 Internet identifier instant message name information before use,
593 all home telephone numbers number and any cellular telephone
594 numbers number, or change-of-name information; who fails to make
595 a required report in connection with vacating a permanent
596 residence; who fails to reregister as required; who fails to
597 respond to any address verification correspondence from the
598 department within 3 weeks of the date of the correspondence; who
599 knowingly provides false registration information by act or
600 omission; or who otherwise fails, by act or omission, to comply
601 with the requirements of this section, commits a felony of the
602 third degree, punishable as provided in s. 775.082, s. 775.083,
603 or s. 775.084.
604 Section 3. Subsection (1) of section 943.043, Florida
605 Statutes, is amended to read:
606 943.043 Toll-free telephone number; Internet notification;
607 sexual predator and sexual offender information.—
608 (1) The department may notify the public through the
609 Internet of any information regarding sexual predators and
610 sexual offenders which is not confidential and exempt from
611 public disclosure under s. 119.07(1) and s. 24(a), Art. I of the
612 State Constitution. The department shall determine what
613 information shall be made available to the public through the
614 Internet. However, the department may not display on or
615 disseminate through the Internet public registry maintained by
616 the department any information regarding a vehicle that is owned
617 by a person who is not required to register as a sexual predator
618 or sexual offender.
619 Section 4. Paragraphs (a) and (g) of subsection (1),
620 subsection (2), paragraphs (a) and (d) of subsection (4),
621 subsections (7), (8), and (11), and paragraphs (b) and (c) of
622 subsection (14) of section 943.0435, Florida Statutes, are
623 amended and a new paragraph (h) is added to subsection (1) of
624 that section to read:
625 943.0435 Sexual offenders required to register with the
626 department; penalty.—
627 (1) As used in this section, the term:
628 (a)1. “Sexual offender” means a person who meets the
629 criteria in sub-subparagraph a., sub-subparagraph b., sub
630 subparagraph c., or sub-subparagraph d., as follows:
631 a.(I) Has been convicted of committing, or attempting,
632 soliciting, or conspiring to commit, any of the criminal
633 offenses proscribed in the following statutes in this state or
634 similar offenses in another jurisdiction: s. 393.135(2); s.
635 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
636 the victim is a minor and the defendant is not the victim’s
637 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
638 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
639 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
640 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
641 847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any
642 similar offense committed in this state which has been
643 redesignated from a former statute number to one of those listed
644 in this sub-sub-subparagraph; and
645 (II) Has been released on or after October 1, 1997, from
646 the sanction imposed for any conviction of an offense described
647 in sub-sub-subparagraph (I). For purposes of sub-sub
648 subparagraph (I), a sanction imposed in this state or in any
649 other jurisdiction includes, but is not limited to, a fine,
650 probation, community control, parole, conditional release,
651 control release, or incarceration in a state prison, federal
652 prison, private correctional facility, or local detention
653 facility;
654 b. Establishes or maintains a residence in this state and
655 who has not been designated as a sexual predator by a court of
656 this state but who has been designated as a sexual predator, as
657 a sexually violent predator, or by another sexual offender
658 designation in another state or jurisdiction and was, as a
659 result of such designation, subjected to registration or
660 community or public notification, or both, or would be if the
661 person were a resident of that state or jurisdiction, without
662 regard to whether the person otherwise meets the criteria for
663 registration as a sexual offender;
664 c. Establishes or maintains a residence in this state who
665 is in the custody or control of, or under the supervision of,
666 any other state or jurisdiction as a result of a conviction for
667 committing, or attempting, soliciting, or conspiring to commit,
668 any of the criminal offenses proscribed in the following
669 statutes or similar offense in another jurisdiction: s.
670 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
671 787.025(2)(c), where the victim is a minor and the defendant is
672 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
673 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
674 796.03; s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
675 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
676 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
677 985.701(1); or any similar offense committed in this state which
678 has been redesignated from a former statute number to one of
679 those listed in this sub-subparagraph; or
680 d. On or after July 1, 2007, has been adjudicated
681 delinquent for committing, or attempting, soliciting, or
682 conspiring to commit, any of the criminal offenses proscribed in
683 the following statutes in this state or similar offenses in
684 another jurisdiction when the juvenile was 14 years of age or
685 older at the time of the offense:
686 (I) Section 794.011, excluding s. 794.011(10);
687 (II) Section 800.04(4)(b) where the victim is under 12
688 years of age or where the court finds sexual activity by the use
689 of force or coercion;
690 (III) Section 800.04(5)(c)1. where the court finds
691 molestation involving unclothed genitals; or
692 (IV) Section 800.04(5)(d) where the court finds the use of
693 force or coercion and unclothed genitals.
694 2. For all qualifying offenses listed in sub-subparagraph
695 (1)(a)1.d., the court shall make a written finding of the age of
696 the offender at the time of the offense.
697
698 For each violation of a qualifying offense listed in this
699 subsection, except for a violation of s. 794.011, the court
700 shall make a written finding of the age of the victim at the
701 time of the offense. For a violation of s. 800.04(4), the court
702 shall also additionally make a written finding indicating
703 whether that the offense involved did or did not involve sexual
704 activity and indicating whether that the offense involved did or
705 did not involve force or coercion. For a violation of s.
706 800.04(5), the court shall also additionally make a written
707 finding that the offense did or did not involve unclothed
708 genitals or genital area and that the offense did or did not
709 involve the use of force or coercion.
710 (g) “Internet identifier Instant message name” has the same
711 meaning as provided in s. 775.21 means an identifier that allows
712 a person to communicate in real time with another person using
713 the Internet.
714 (h) “Vehicles owned” has the same meaning as provided in s.
715 775.21.
716 (2) A sexual offender shall:
717 (a) Report in person at the sheriff’s office:
718 1. In the county in which the offender establishes or
719 maintains a permanent, temporary, or transient residence within
720 48 hours after:
721 a. Establishing permanent, temporary, or transient
722 residence in this state; or
723 b. Being released from the custody, control, or supervision
724 of the Department of Corrections or from the custody of a
725 private correctional facility; or
726 2. In the county where he or she was convicted within 48
727 hours after being convicted for a qualifying offense for
728 registration under this section if the offender is not in the
729 custody or control of, or under the supervision of, the
730 Department of Corrections, or is not in the custody of a private
731 correctional facility.
732
733 Any change in the information required to be provided pursuant
734 to paragraph (b), including, but not limited to, any change in
735 the sexual offender’s permanent, temporary, or transient
736 residence, name, any electronic mail addresses, or Internet
737 identifiers address and any instant message name required to be
738 provided pursuant to paragraph (4)(d), after the sexual offender
739 reports in person at the sheriff’s office, must shall be
740 accomplished in the manner provided in subsections (4), (7), and
741 (8).
742 (b) Provide his or her name; date of birth; social security
743 number; race; sex; height; weight; hair and eye color; tattoos
744 or other identifying marks; fingerprints; palm prints;
745 photograph; occupation and place of employment; address of
746 permanent or legal residence or address of any current temporary
747 residence, within the state or out of state, including a rural
748 route address and a post office box; if no permanent or
749 temporary address, any transient residence within the state,
750 address, location or description, and dates of any current or
751 known future temporary residence within the state or out of
752 state; the make, model, color, vehicle identification number
753 (VIN), and license tag number of all vehicles owned by the
754 sexual offender and all vehicles owned by a person or persons
755 residing at the sexual offender’s residence; all home telephone
756 numbers number and any cellular telephone numbers number; all
757 any electronic mail addresses address and all Internet
758 identifiers any instant message name required to be provided
759 pursuant to paragraph (4)(d); date and place of each conviction;
760 and a brief description of the crime or crimes committed by the
761 offender. A person is residing at the sexual offender’s
762 residence if the person abides, lodges, or resides at that
763 residence for 5 or more consecutive days. A post office box may
764 shall not be provided in lieu of a physical residential address.
765 The sexual offender shall also produce his or her passport, if
766 he or she has a passport, and, if he or she is an alien, shall
767 produce or provide information about documents establishing his
768 or her immigration status. The sexual offender shall also
769 provide information about any professional licenses he or she
770 has.
771 1. If the sexual offender’s place of residence is a motor
772 vehicle, trailer, mobile home, or manufactured home, as defined
773 in chapter 320, the sexual offender shall also provide to the
774 department through the sheriff’s office written notice of the
775 vehicle identification number; the license tag number; the
776 registration number; and a description, including color scheme,
777 of the motor vehicle, trailer, mobile home, or manufactured
778 home. If the sexual offender’s place of residence is a vessel,
779 live-aboard vessel, or houseboat, as defined in chapter 327, the
780 sexual offender shall also provide to the department written
781 notice of the hull identification number; the manufacturer’s
782 serial number; the name of the vessel, live-aboard vessel, or
783 houseboat; the registration number; and a description, including
784 color scheme, of the vessel, live-aboard vessel, or houseboat.
785 2. If the sexual offender is enrolled, employed,
786 volunteering, or carrying on a vocation at an institution of
787 higher education in this state, the sexual offender shall also
788 provide to the department through the sheriff’s office the name,
789 address, and county of each institution, including each campus
790 attended, and the sexual offender’s enrollment, volunteer, or
791 employment status. Each change in enrollment, volunteer, or
792 employment status must shall be reported in person at the
793 sheriff’s office, within 48 hours after any change in status.
794 The sheriff shall promptly notify each institution of the sexual
795 offender’s presence and any change in the sexual offender’s
796 enrollment, volunteer, or employment status.
797 (c) Provide any other information determined necessary by
798 the department, including criminal and corrections records;
799 nonprivileged personnel and treatment records; and evidentiary
800 genetic markers, when available.
801
802 When a sexual offender reports at the sheriff’s office, the
803 sheriff shall take a photograph, and a set of fingerprints, and
804 palm prints of the offender and forward the photographs, palm
805 prints, and fingerprints to the department, along with the
806 information provided by the sexual offender. The sheriff shall
807 promptly provide to the department the information received from
808 the sexual offender.
809 (4)(a) Each time a sexual offender’s driver driver’s
810 license or identification card is subject to renewal, and,
811 without regard to the status of the offender’s driver driver’s
812 license or identification card, within 48 hours after any change
813 in the offender’s permanent, temporary, or transient residence
814 or change in the offender’s name by reason of marriage or other
815 legal process, the offender shall report in person to a driver
816 driver’s license office, and is shall be subject to the
817 requirements specified in subsection (3). The Department of
818 Highway Safety and Motor Vehicles shall forward to the
819 department all photographs and information provided by sexual
820 offenders. Notwithstanding the restrictions set forth in s.
821 322.142, the Department of Highway Safety and Motor Vehicles may
822 is authorized to release a reproduction of a color-photograph or
823 digital-image license to the Department of Law Enforcement for
824 purposes of public notification of sexual offenders as provided
825 in this section and ss. 943.043 and 944.606. A sexual offender
826 who is unable to secure or update a driver license or
827 identification card with the Department of Highway Safety and
828 Motor Vehicles as provided in subsection (3) and this subsection
829 shall also report any change in the sexual offender’s permanent,
830 temporary, or transient residence or change in the offender’s
831 name by reason of marriage or other legal process within 48
832 hours after the change to the sheriff’s office in the county
833 where the offender resides or is located and provide
834 confirmation that he or she reported such information to the
835 Department of Highway Safety and Motor Vehicles.
836 (d) A sexual offender shall must register all any
837 electronic mail addresses and Internet identifiers address or
838 instant message name with the department before using such
839 electronic mail addresses and Internet identifiers address or
840 instant message name. The department shall establish an online
841 system through which sexual offenders may securely access and
842 update all electronic mail address and Internet identifier
843 instant message name information.
844 (7) A sexual offender who intends to establish a permanent,
845 temporary, or transient residence in another state or
846 jurisdiction other than the State of Florida shall report in
847 person to the sheriff of the county of current residence within
848 48 hours before the date he or she intends to leave this state
849 to establish residence in another state or jurisdiction or
850 within 21 days before his or her planned departure date if the
851 intended residence of 5 days or more is outside of the United
852 States. The notification must include the address, municipality,
853 county, and state, and country of intended residence. The
854 sheriff shall promptly provide to the department the information
855 received from the sexual offender. The department shall notify
856 the statewide law enforcement agency, or a comparable agency, in
857 the intended state, or jurisdiction, or country of residence of
858 the sexual offender’s intended residence. The failure of a
859 sexual offender to provide his or her intended place of
860 residence is punishable as provided in subsection (9).
861 (8) A sexual offender who indicates his or her intent to
862 establish a permanent, temporary, or transient residence in
863 another state, a or jurisdiction other than the State of
864 Florida, or another country and later decides to remain in this
865 state shall, within 48 hours after the date upon which the
866 sexual offender indicated he or she would leave this state,
867 report in person to the sheriff to which the sexual offender
868 reported the intended change of permanent, temporary, or
869 transient residence, and report his or her intent to remain in
870 this state. The sheriff shall promptly report this information
871 to the department. A sexual offender who reports his or her
872 intent to establish a permanent, temporary, or transient
873 residence in another state, a or jurisdiction other than the
874 State of Florida, or another country but who remains in this
875 state without reporting to the sheriff in the manner required by
876 this subsection commits a felony of the second degree,
877 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
878 (11) Except as provided in this subsection and s.
879 943.04354, a sexual offender shall must maintain registration
880 with the department for the duration of his or her life, unless
881 the sexual offender has received a full pardon or has had a
882 conviction set aside in a postconviction proceeding for any
883 offense that meets the criteria for classifying the person as a
884 sexual offender for purposes of registration. However, a sexual
885 offender:
886 (a)1. A sexual offender may petition the criminal division
887 of the circuit court of the circuit in which the sexual offender
888 resides or previously resided, or in the county where the
889 conviction or adjudication for the qualifying offense or
890 qualifying offenses occurred for the purpose of removing the
891 requirement for registration as a sexual offender if Who has
892 been lawfully released from confinement, supervision, or
893 sanction, whichever is later, for at least 25 years and has not
894 been arrested for any felony or misdemeanor offense since
895 release, provided that the sexual offender’s requirement to
896 register was not based upon an adult conviction:
897 a. Twenty-five years have elapsed since the beginning of
898 the registration period for the sexual offender’s most recent
899 conviction that required the offender to register or as provided
900 in sub-subparagraph 4.e.;
901 b. The sexual offender has not been convicted or
902 adjudicated delinquent of a felony offense or of an offense
903 punishable by more than 1 year of imprisonment during the 25
904 years preceding the petition to the court;
905 c. The sexual offender’s requirement to register was not
906 based upon an adult conviction for:
907 (I) A violation of s. 787.01; s. 794.011, excluding s.
908 794.011(10); s. 800.04(4)(b) if the court finds the offense
909 involved a victim younger than 12 years of age or a sexual
910 activity by the use of force or coercion; s. 800.04(5)(b); or s.
911 800.04(5)(c)2. where the court finds the offense involved use of
912 force or coercion and unclothed genitals or genital area;
913 (II) An attempt or conspiracy to commit any offense listed
914 in this sub-subparagraph; or
915 (III) A violation of similar law of another jurisdiction;
916 or a violation of a similar offense committed in this state
917 which has been redesignated from a former statute number to one
918 of those listed in this sub-subparagraph; and
919 d. For sexual offenders whose requirement to register is
920 based upon a conviction in another state, the sexual offender is
921 not required to register as a sexual offender pursuant to the
922 laws of the state in which the conviction occurred. Such an
923 offender must provide the court written confirmation that he or
924 she is not required to register in the state in which the
925 conviction occurred.
926 a. For a violation of s. 787.01 or s. 787.02;
927 b. For a violation of s. 794.011, excluding s. 794.011(10);
928 c. For a violation of s. 800.04(4)(b) where the court finds
929 the offense involved a victim under 12 years of age or sexual
930 activity by the use of force or coercion;
931 d. For a violation of s. 800.04(5)(b);
932 e. For a violation of s. 800.04(5)c.2. where the court
933 finds the offense involved unclothed genitals or genital area;
934 f. For any attempt or conspiracy to commit any such
935 offense; or
936 g. For a violation of similar law of another jurisdiction,
937
938 may petition the criminal division of the circuit court of the
939 circuit in which the sexual offender resides for the purpose of
940 removing the requirement for registration as a sexual offender.
941 2. A sexual offender whose requirement to register was
942 based upon an adult conviction for a violation of s. 787.02 or
943 s. 827.071(5), for an attempt or conspiracy to commit any
944 offense listed in this subparagraph, or for a violation of
945 similar law of another jurisdiction may petition the criminal
946 division of the circuit court of the circuit in which the sexual
947 offender resides or previously resided, or in the county where
948 the conviction or adjudication for the qualifying offense or
949 qualifying offenses occurred for the purpose of removing the
950 requirement for registration as a sexual offender if:
951 a. Fifteen years have elapsed since the beginning of the
952 registration period for the sexual offender’s most recent
953 conviction that required the offender to register or as provided
954 in sub-subparagraph 4.e.;
955 b. The sexual offender has not been convicted or
956 adjudicated delinquent of a felony offense or of an offense
957 punishable by more than 1 year of imprisonment during the 10
958 years preceding the petition to the court; and
959 c. For sexual offenders whose requirement to register is
960 based upon a conviction in another state, the sexual offender is
961 not required to register as a sexual offender pursuant to the
962 laws of the state in which the conviction occurred. Such an
963 offender must provide the court written confirmation that he or
964 she is not required to register in the state in which the
965 conviction occurred.
966 3. A sexual offender required to register under sub
967 subparagraph (1)(a)1.d. may petition the criminal division of
968 the circuit court of the circuit in which the sexual offender
969 resides or previously resided, or in the county where the
970 conviction or adjudication for the qualifying offense or
971 qualifying offenses occurred for the purpose of removing the
972 requirement for registration as a sexual offender if:
973 a. Twenty-five years have elapsed since the beginning of
974 the registration period for the sexual offender’s most recent
975 conviction that required the offender to register or as provided
976 in sub-subparagraph 4.e.; and
977 b. The sexual offender has not been convicted or
978 adjudicated delinquent of any felony offense or of an offense
979 punishable by more than 1 year of imprisonment during the 25
980 years preceding the petition to the court.
981 4. For purposes of this paragraph:
982 a. If the sexual offender is sentenced to a term of
983 incarceration or committed to a residential program for the most
984 recent conviction that required the offender to register the
985 registration begins upon the offender’s release from
986 incarceration or commitment.
987 b. A sexual offender’s registration period is tolled during
988 any period in which the offender is incarcerated, civilly
989 committed, detained pursuant to chapter 985, or committed to a
990 residential program.
991 c. Except as provided in sub-subparagraph e., if the sexual
992 offender is only sentenced to a term of supervision for the most
993 recent conviction that required the offender to register as a
994 sexual offender or is only subject to a period of supervision
995 for that conviction, the registration period begins when the
996 term or period of supervision for that conviction begins.
997 d. Except as provided in sub-subparagraph e., if the sexual
998 offender is sentenced to a term of supervision that follows a
999 term of incarceration for the most recent conviction that
1000 required the offender to register as a sexual offender or is
1001 subject to a period of supervision that follows commitment to a
1002 residential program for that conviction, the registration period
1003 begins when the term or period of supervision for that
1004 conviction begins.
1005 e. If a sexual offender is subject to subparagraph (a)1. or
1006 subparagraph (a)3. and is sentenced to a term of more than 25
1007 years supervision for the most recent conviction that required
1008 the offender to register as a sexual offender, the sexual
1009 offender may not petition for removal of the requirement for
1010 registration as a sexual offender until the term of supervision
1011 for that conviction is completed. If a sexual offender is
1012 subject to subparagraph (a)2. and is sentenced to more than 15
1013 years supervision for the most recent conviction that required
1014 the offender to register as a sexual offender, the sexual
1015 offender may not petition for removal of the requirement for
1016 registration as a sexual offender until the term of supervision
1017 for that conviction is completed.
1018 5.2. The court may grant or deny relief if the offender
1019 demonstrates to the court that he or she has not been arrested
1020 for any crime since release; the requested relief complies with
1021 this paragraph, the provisions of the federal Adam Walsh Child
1022 Protection and Safety Act of 2006, and any other federal
1023 standards applicable to the removal of registration requirements
1024 for a sexual offender or required to be met as a condition for
1025 the receipt of federal funds by the state; and the court is
1026 otherwise satisfied that the offender is not a current or
1027 potential threat to public safety. The state attorney in the
1028 circuit in which the petition is filed and the department must
1029 be given notice of the petition at least 3 weeks before the
1030 hearing on the matter. The state attorney may present evidence
1031 in opposition to the requested relief or may otherwise
1032 demonstrate the reasons why the petition should be denied. If
1033 the court grants the petition, the court shall instruct the
1034 petitioner to provide the department with a certified copy of
1035 the order granting relief. If the court denies the petition, the
1036 court may set a future date at which the sexual offender may
1037 again petition the court for relief, subject to the standards
1038 for relief provided in this subsection.
1039 6.3. The department shall remove an offender from
1040 classification as a sexual offender for purposes of registration
1041 if the offender provides to the department a certified copy of
1042 the court’s written findings or order that indicates that the
1043 offender is no longer required to comply with the requirements
1044 for registration as a sexual offender.
1045 (b) A sexual offender as defined in sub-subparagraph
1046 (1)(a)1.b. must maintain registration with the department for
1047 the duration of his or her life until the person provides the
1048 department with an order issued by the court that designated the
1049 person as a sexual predator, as a sexually violent predator, or
1050 by another sexual offender designation in the state or
1051 jurisdiction in which the order was issued which states that
1052 such designation has been removed or demonstrates to the
1053 department that such designation, if not imposed by a court, has
1054 been removed by operation of law or court order in the state or
1055 jurisdiction in which the designation was made, and provided
1056 such person no longer meets the criteria for registration as a
1057 sexual offender under the laws of this state.
1058 (14)
1059 (b) However, a sexual offender who is required to register
1060 as a result of a conviction for:
1061 1. Section 787.01 or s. 787.02 where the victim is a minor
1062 and the offender is not the victim’s parent or guardian;
1063 2. Section 794.011, excluding s. 794.011(10);
1064 3. Section 800.04(4)(b) where the court finds the offense
1065 involved a victim under 12 years of age or sexual activity by
1066 the use of force or coercion;
1067 4. Section 800.04(5)(b);
1068 5. Section 800.04(5)(c)1. where the court finds molestation
1069 involving unclothed genitals or genital area;
1070 6. Section 800.04(5)c.2. where the court finds molestation
1071 involving the use of force or coercion and unclothed genitals or
1072 genital area;
1073 7. Section 800.04(5)(d) where the court finds the use of
1074 force or coercion and unclothed genitals or genital area;
1075 8. Any attempt or conspiracy to commit such offense; or
1076 9. A violation of a similar law of another jurisdiction; or
1077 ,
1078 10. A violation of a similar offense committed in this
1079 state which has been redesignated from a former statute number
1080 to one of those listed in this paragraph,
1081
1082 must reregister each year during the month of the sexual
1083 offender’s birthday and every third month thereafter.
1084 (c) The sheriff’s office may determine the appropriate
1085 times and days for reporting by the sexual offender, which must
1086 shall be consistent with the reporting requirements of this
1087 subsection. Reregistration must shall include any changes to the
1088 following information:
1089 1. Name; social security number; age; race; sex; date of
1090 birth; height; weight; hair and eye color; address of any
1091 permanent residence and address of any current temporary
1092 residence, within the state or out of state, including a rural
1093 route address and a post office box; if no permanent or
1094 temporary address, any transient residence within the state;
1095 address, location or description, and dates of any current or
1096 known future temporary residence within the state or out of
1097 state; all any electronic mail addresses or Internet identifiers
1098 address and any instant message name required to be provided
1099 pursuant to paragraph (4)(d); all home telephone numbers and
1100 number and any cellular telephone numbers number; date and place
1101 of any employment; the vehicle make, model, color, vehicle
1102 identification number (VIN), and license tag number of all
1103 vehicles owned by the sexual offender and all vehicles owned by
1104 a person or persons residing at the sexual offender’s residence;
1105 fingerprints; palm prints; and photograph. A person is residing
1106 at the sexual offender’s residence if the person abides, lodges,
1107 or resides at that residence for 5 or more consecutive days. A
1108 post office box may shall not be provided in lieu of a physical
1109 residential address. The sexual offender shall also produce his
1110 or her passport, if he or she has a passport, and, if he or she
1111 is an alien, shall produce or provide information about
1112 documents establishing his or her immigration status. The sexual
1113 offender shall also provide information about any professional
1114 licenses he or she has.
1115 2. If the sexual offender is enrolled, volunteering,
1116 employed, or carrying on a vocation at an institution of higher
1117 education in this state, the sexual offender shall also provide
1118 to the department the name, address, and county of each
1119 institution, including each campus attended, and the sexual
1120 offender’s enrollment, volunteer, or employment status.
1121 3. If the sexual offender’s place of residence is a motor
1122 vehicle, trailer, mobile home, or manufactured home, as defined
1123 in chapter 320, the sexual offender shall also provide the
1124 vehicle identification number; the license tag number; the
1125 registration number; and a description, including color scheme,
1126 of the motor vehicle, trailer, mobile home, or manufactured
1127 home. If the sexual offender’s place of residence is a vessel,
1128 live-aboard vessel, or houseboat, as defined in chapter 327, the
1129 sexual offender shall also provide the hull identification
1130 number; the manufacturer’s serial number; the name of the
1131 vessel, live-aboard vessel, or houseboat; the registration
1132 number; and a description, including color scheme, of the
1133 vessel, live-aboard vessel or houseboat.
1134 4. Any sexual offender who fails to report in person as
1135 required at the sheriff’s office, or who fails to respond to any
1136 address verification correspondence from the department within 3
1137 weeks of the date of the correspondence, or who fails to report
1138 all electronic mail addresses and all Internet identifiers prior
1139 to use or instant message names, or who knowingly provides false
1140 registration information by act or omission commits a felony of
1141 the third degree, punishable as provided in s. 775.082, s.
1142 775.083, or s. 775.084.
1143 Section 5. Section 943.04354, Florida Statutes, is amended
1144 to read:
1145 943.04354 Removal of the requirement to register as a
1146 sexual offender or sexual predator in special circumstances.—
1147 (1) For purposes of this section, a person shall be
1148 considered for removal of the requirement to register as a
1149 sexual offender or sexual predator only if the person:
1150 (a) Was or will be convicted, regardless of adjudication,
1151 or adjudicated delinquent of a violation of s. 794.011, s.
1152 800.04, s. 827.071, or s. 847.0135(5) or of a similar offense in
1153 another jurisdiction or the person committed a violation of s.
1154 794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
1155 adjudication of guilt was or will be withheld, and if the person
1156 does not have any other conviction, regardless of adjudication,
1157 or adjudication of delinquency, or withhold of adjudication of
1158 guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
1159 s. 847.0135(5) or for a similar offense in another jurisdiction;
1160 (b)1. Was convicted, regardless of adjudication, or
1161 adjudicated delinquent of an offense listed in paragraph (a) and
1162 is required to register as a sexual offender or sexual predator
1163 solely on the basis of this conviction or adjudication; or
1164 violation; and
1165 2. Was convicted, regardless of adjudication, or
1166 adjudicated delinquent of an offense in another jurisdiction
1167 which is similar to an offense listed in paragraph (a) and no
1168 longer meets the criteria for registration as a sexual offender
1169 or sexual predator under the laws of the jurisdiction in which
1170 the similar offense occurred; and
1171 (c) Is not more than 4 years older than the victim of this
1172 violation who was 13 14 years of age or older but younger not
1173 more than 18 17 years of age at the time the person committed
1174 this violation.
1175 (2) If a person meets the criteria in subsection (1) and
1176 the violation of s. 794.011, s. 800.04, s. 827.071, or s.
1177 847.0135(5) was committed on or after July 1, 2007, the person
1178 may move the criminal court of the circuit in which the offense
1179 occurred or the sentencing court or, for persons convicted or
1180 adjudicated delinquent of a qualifying offense in another
1181 jurisdiction, the criminal court of the circuit in which the
1182 person resides or previously resided that will sentence or
1183 dispose of this violation to remove the requirement that the
1184 person register as a sexual offender or sexual predator. The
1185 person must allege in the motion that he or she meets the
1186 criteria in subsection (1) and that removal of the registration
1187 requirement will not conflict with federal law. A person
1188 convicted or adjudicated delinquent of an offense in another
1189 jurisdiction which is similar to an offense listed in paragraph
1190 (1)(a) must provide the court written confirmation that he or
1191 she is not required to register in the jurisdiction in which the
1192 conviction or adjudication occurred. The state attorney and the
1193 department must be given notice of the motion at least 21 days
1194 before the date of sentencing, or disposition of the this
1195 violation, or hearing on the motion and may present evidence in
1196 opposition to the requested relief or may otherwise demonstrate
1197 why the motion should be denied. At sentencing, or disposition
1198 of the this violation, or hearing on the motion, the court shall
1199 rule on the this motion, and, if the court determines the person
1200 meets the criteria in subsection (1) and the removal of the
1201 registration requirement will not conflict with federal law, it
1202 may grant the motion and order the removal of the registration
1203 requirement. The court shall instruct the person to provide the
1204 department a certified copy of the order granting relief. If the
1205 court denies the motion, the person is not authorized under this
1206 section to file another motion petition for removal of the
1207 registration requirement.
1208 (3)(a) This subsection applies to a person who:
1209 1. Is not a person described in subsection (2) because the
1210 violation of s. 794.011, s. 800.04, or s. 827.071 was not
1211 committed on or after July 1, 2007;
1212 2. Is subject to registration as a sexual offender or
1213 sexual predator for a violation of s. 794.011, s. 800.04, or s.
1214 827.071; and
1215 3. Meets the criteria in subsection (1).
1216 (b) A person may petition the court in which the sentence
1217 or disposition for the violation of s. 794.011, s. 800.04, or s.
1218 827.071 occurred for removal of the requirement to register as a
1219 sexual offender or sexual predator. The person must allege in
1220 the petition that he or she meets the criteria in subsection (1)
1221 and removal of the registration requirement will not conflict
1222 with federal law. The state attorney must be given notice of the
1223 petition at least 21 days before the hearing on the petition and
1224 may present evidence in opposition to the requested relief or
1225 may otherwise demonstrate why the petition should be denied. The
1226 court shall rule on the petition and, if the court determines
1227 the person meets the criteria in subsection (1) and removal of
1228 the registration requirement will not conflict with federal law,
1229 it may grant the petition and order the removal of the
1230 registration requirement. If the court denies the petition, the
1231 person is not authorized under this section to file any further
1232 petition for removal of the registration requirement.
1233 (3)(4) If a person provides to the Department of Law
1234 Enforcement a certified copy of the court’s order removing the
1235 requirement that the person register as a sexual offender or
1236 sexual predator for the violation of s. 794.011, s. 800.04, s.
1237 827.071, or s. 847.0135(5), or a similar offense in another
1238 jurisdiction, the registration requirement will not apply to the
1239 person and the department shall remove all information about the
1240 person from the public registry of sexual offenders and sexual
1241 predators maintained by the department. However, the removal of
1242 this information from the public registry does not mean that the
1243 public is denied access to information about the person’s
1244 criminal history or record that is otherwise available as a
1245 public record.
1246 Section 6. Subsections (2) and (3) of section 943.0437,
1247 Florida Statutes, are amended to read:
1248 943.0437 Commercial social networking websites.—
1249 (2) The department may provide information relating to
1250 electronic mail addresses and Internet identifiers, as defined
1251 in s. 775.21, instant message names maintained as part of the
1252 sexual offender registry to commercial social networking
1253 websites or third parties designated by commercial social
1254 networking websites. The commercial social networking website
1255 may use this information for the purpose of comparing registered
1256 users and screening potential users of the commercial social
1257 networking website against the list of electronic mail addresses
1258 and Internet identifiers instant message names provided by the
1259 department.
1260 (3) This section does not shall not be construed to impose
1261 any civil liability on a commercial social networking website
1262 for:
1263 (a) Any action voluntarily taken in good faith to remove or
1264 disable any profile of a registered user associated with an
1265 electronic mail address or Internet identifier instant message
1266 name contained in the sexual offender registry.
1267 (b) Any action taken to restrict access by such registered
1268 user to the commercial social networking website.
1269 Section 7. Paragraphs (b) and (d) of subsection (1) and
1270 paragraph (a) of subsection (3) of section 944.606, Florida
1271 Statutes, are amended to read:
1272 944.606 Sexual offenders; notification upon release.—
1273 (1) As used in this section:
1274 (b) “Sexual offender” means a person who has been convicted
1275 of committing, or attempting, soliciting, or conspiring to
1276 commit, any of the criminal offenses proscribed in the following
1277 statutes in this state or similar offenses in another
1278 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1279 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1280 defendant is not the victim’s parent or guardian; s.
1281 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1282 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1283 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1284 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1285 s. 916.1075(2); or s. 985.701(1); or any similar offense
1286 committed in this state which has been redesignated from a
1287 former statute number to one of those listed in this subsection,
1288 when the department has received verified information regarding
1289 such conviction; an offender’s computerized criminal history
1290 record is not, in and of itself, verified information.
1291 (d) “Internet identifier” has the same meaning as provided
1292 in s. 775.21 “Instant message name” means an identifier that
1293 allows a person to communicate in real time with another person
1294 using the Internet.
1295 (3)(a) The department shall must provide information
1296 regarding any sexual offender who is being released after
1297 serving a period of incarceration for any offense, as follows:
1298 1. The department shall must provide: the sexual offender’s
1299 name, any change in the offender’s name by reason of marriage or
1300 other legal process, and any alias, if known; the correctional
1301 facility from which the sexual offender is released; the sexual
1302 offender’s social security number, race, sex, date of birth,
1303 height, weight, and hair and eye color; address of any planned
1304 permanent residence or temporary residence, within the state or
1305 out of state, including a rural route address and a post office
1306 box; if no permanent or temporary address, any transient
1307 residence within the state; address, location or description,
1308 and dates of any known future temporary residence within the
1309 state or out of state; date and county of sentence and each
1310 crime for which the offender was sentenced; a copy of the
1311 offender’s fingerprints, palm prints, and a digitized photograph
1312 taken within 60 days before release; the date of release of the
1313 sexual offender; all any electronic mail addresses address and
1314 all Internet identifiers any instant message name required to be
1315 provided pursuant to s. 943.0435(4)(d); all and home telephone
1316 numbers number and any cellular telephone numbers; information
1317 about any professional licenses the offender has, if known; and
1318 passport information, if he or she has a passport, and, if he or
1319 she is an alien, information about documents establishing his or
1320 her immigration status number. The department shall notify the
1321 Department of Law Enforcement if the sexual offender escapes,
1322 absconds, or dies. If the sexual offender is in the custody of a
1323 private correctional facility, the facility shall take the
1324 digitized photograph of the sexual offender within 60 days
1325 before the sexual offender’s release and provide this photograph
1326 to the Department of Corrections and also place it in the sexual
1327 offender’s file. If the sexual offender is in the custody of a
1328 local jail, the custodian of the local jail shall register the
1329 offender within 3 business days after intake of the offender for
1330 any reason and upon release, and shall notify the Department of
1331 Law Enforcement of the sexual offender’s release and provide to
1332 the Department of Law Enforcement the information specified in
1333 this paragraph and any information specified in subparagraph 2.
1334 that the Department of Law Enforcement requests.
1335 2. The department may provide any other information deemed
1336 necessary, including criminal and corrections records,
1337 nonprivileged personnel and treatment records, when available.
1338 Section 8. Paragraphs (a) and (f) of subsection (1),
1339 subsection (4), and paragraphs (b) and (c) of subsection (13) of
1340 section 944.607, Florida Statutes, are amended and a new
1341 paragraph (b) is added to subsection (1) of that section to
1342 read:
1343 944.607 Notification to Department of Law Enforcement of
1344 information on sexual offenders.—
1345 (1) As used in this section, the term:
1346 (a) “Sexual offender” means a person who is in the custody
1347 or control of, or under the supervision of, the department or is
1348 in the custody of a private correctional facility:
1349 1. On or after October 1, 1997, as a result of a conviction
1350 for committing, or attempting, soliciting, or conspiring to
1351 commit, any of the criminal offenses proscribed in the following
1352 statutes in this state or similar offenses in another
1353 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1354 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1355 defendant is not the victim’s parent or guardian; s.
1356 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1357 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1358 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1359 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1360 s. 916.1075(2); or s. 985.701(1); or any similar offense
1361 committed in this state which has been redesignated from a
1362 former statute number to one of those listed in this paragraph;
1363 or
1364 2. Who establishes or maintains a residence in this state
1365 and who has not been designated as a sexual predator by a court
1366 of this state but who has been designated as a sexual predator,
1367 as a sexually violent predator, or by another sexual offender
1368 designation in another state or jurisdiction and was, as a
1369 result of such designation, subjected to registration or
1370 community or public notification, or both, or would be if the
1371 person were a resident of that state or jurisdiction, without
1372 regard as to whether the person otherwise meets the criteria for
1373 registration as a sexual offender.
1374 (b) “Vehicles owned” has the same meaning as provided in s.
1375 775.21.
1376 (g)(f) “Internet identifier” has the same meaning as
1377 provided in s. 775.21 “Instant message name” means an identifier
1378 that allows a person to communicate in real time with another
1379 person using the Internet.
1380 (4) A sexual offender, as described in this section, who is
1381 under the supervision of the Department of Corrections but is
1382 not incarcerated shall must register with the Department of
1383 Corrections within 3 business days after sentencing for a
1384 registrable offense and otherwise provide information as
1385 required by this subsection.
1386 (a) The sexual offender shall provide his or her name; date
1387 of birth; social security number; race; sex; height; weight;
1388 hair and eye color; tattoos or other identifying marks; all any
1389 electronic mail addresses address and Internet identifiers any
1390 instant message name required to be provided pursuant to s.
1391 943.0435(4)(d); all home telephone numbers and cellular
1392 telephone numbers; the make, model, color, vehicle
1393 identification number (VIN), and license tag number of all
1394 vehicles owned by the sexual offender and all vehicles owned by
1395 a person or persons residing at the sexual offender’s residence;
1396 permanent or legal residence and address of temporary residence
1397 within the state or out of state while the sexual offender is
1398 under supervision in this state, including any rural route
1399 address or post office box; if no permanent or temporary
1400 address, any transient residence within the state; and address,
1401 location or description, and dates of any current or known
1402 future temporary residence within the state or out of state. A
1403 person is residing at the sexual offender’s residence if the
1404 person abides, lodges, or resides at that residence for 5 or
1405 more consecutive days. The sexual offender shall also produce
1406 his or her passport, if he or she has a passport, and, if he or
1407 she is an alien, shall produce or provide information about
1408 documents establishing his or her immigration status. The sexual
1409 offender shall also provide information about any professional
1410 licenses he or she has. The Department of Corrections shall
1411 verify the address of each sexual offender in the manner
1412 described in ss. 775.21 and 943.0435. The department shall
1413 report to the Department of Law Enforcement any failure by a
1414 sexual predator or sexual offender to comply with registration
1415 requirements.
1416 (b) If the sexual offender is enrolled, employed,
1417 volunteering, or carrying on a vocation at an institution of
1418 higher education in this state, the sexual offender shall
1419 provide the name, address, and county of each institution,
1420 including each campus attended, and the sexual offender’s
1421 enrollment, volunteer, or employment status. Each change in
1422 enrollment, volunteer, or employment status must shall be
1423 reported to the department within 48 hours after the change in
1424 status. The Department of Corrections shall promptly notify each
1425 institution of the sexual offender’s presence and any change in
1426 the sexual offender’s enrollment, volunteer, or employment
1427 status.
1428 (13)
1429 (b) However, a sexual offender who is required to register
1430 as a result of a conviction for:
1431 1. Section 787.01 or s. 787.02 where the victim is a minor
1432 and the offender is not the victim’s parent or guardian;
1433 2. Section 794.011, excluding s. 794.011(10);
1434 3. Section 800.04(4)(b) where the victim is under 12 years
1435 of age or where the court finds sexual activity by the use of
1436 force or coercion;
1437 4. Section 800.04(5)(b);
1438 5. Section 800.04(5)(c)1. where the court finds molestation
1439 involving unclothed genitals or genital area;
1440 6. Section 800.04(5)c.2. where the court finds molestation
1441 involving use of force or coercion and unclothed genitals or
1442 genital area;
1443 7. Section 800.04(5)(d) where the court finds the use of
1444 force or coercion and unclothed genitals or genital area;
1445 8. Any attempt or conspiracy to commit such offense; or
1446 9. A violation of a similar law of another jurisdiction;
1447 or,
1448 10. A violation of a similar offense committed in this
1449 state which has been redesignated from a former statute number
1450 to one of those listed in this paragraph.
1451
1452 must reregister each year during the month of the sexual
1453 offender’s birthday and every third month thereafter.
1454 (c) The sheriff’s office may determine the appropriate
1455 times and days for reporting by the sexual offender, which must
1456 shall be consistent with the reporting requirements of this
1457 subsection. Reregistration must shall include any changes to the
1458 following information:
1459 1. Name; social security number; age; race; sex; date of
1460 birth; height; weight; hair and eye color; address of any
1461 permanent residence and address of any current temporary
1462 residence, within the state or out of state, including a rural
1463 route address and a post office box; if no permanent or
1464 temporary address, any transient residence; address, location or
1465 description, and dates of any current or known future temporary
1466 residence within the state or out of state; all any electronic
1467 mail addresses and Internet identifiers address and any instant
1468 message name required to be provided pursuant to s.
1469 943.0435(4)(d); all home telephone numbers and cellular
1470 telephone numbers; date and place of any employment; the vehicle
1471 make, model, color, vehicle identification number (VIN), and
1472 license tag number of all vehicles owned by the sexual offender
1473 and all vehicles owned by a person or persons residing at the
1474 sexual offender’s residence; fingerprints; palm prints; and
1475 photograph. A person is residing at the sexual offender’s
1476 residence if the person abides, lodges, or resides at that
1477 residence for 5 or more consecutive days. A post office box may
1478 shall not be provided in lieu of a physical residential address.
1479 The sexual offender shall also produce his or her passport, if
1480 he or she has a passport, and, if he or she is an alien, shall
1481 produce or provide information about documents establishing his
1482 or her immigration status. The sexual offender shall also
1483 provide information about any professional licenses he or she
1484 has.
1485 2. If the sexual offender is enrolled, employed,
1486 volunteering, or carrying on a vocation at an institution of
1487 higher education in this state, the sexual offender shall also
1488 provide to the department the name, address, and county of each
1489 institution, including each campus attended, and the sexual
1490 offender’s enrollment, volunteer, or employment status.
1491 3. If the sexual offender’s place of residence is a motor
1492 vehicle, trailer, mobile home, or manufactured home, as defined
1493 in chapter 320, the sexual offender shall also provide the
1494 vehicle identification number; the license tag number; the
1495 registration number; and a description, including color scheme,
1496 of the motor vehicle, trailer, mobile home, or manufactured
1497 home. If the sexual offender’s place of residence is a vessel,
1498 live-aboard vessel, or houseboat, as defined in chapter 327, the
1499 sexual offender shall also provide the hull identification
1500 number; the manufacturer’s serial number; the name of the
1501 vessel, live-aboard vessel, or houseboat; the registration
1502 number; and a description, including color scheme, of the
1503 vessel, live-aboard vessel or houseboat.
1504 4. Any sexual offender who fails to report in person as
1505 required at the sheriff’s office, or who fails to respond to any
1506 address verification correspondence from the department within 3
1507 weeks of the date of the correspondence, or who fails to report
1508 all electronic mail addresses or Internet identifiers prior to
1509 use or instant message names, or who knowingly provides false
1510 registration information by act or omission commits a felony of
1511 the third degree, punishable as provided in s. 775.082, s.
1512 775.083, or s. 775.084.
1513 Section 9. Paragraph (a) of subsection (3) of section
1514 985.481, Florida Statutes, is amended and a new paragraph (c) is
1515 added to subsection (1) of that section to read:
1516 985.481 Sexual offenders adjudicated delinquent;
1517 notification upon release.—
1518 (1) As used in this section:
1519 (a) “Convicted” has the same meaning as provided in s.
1520 943.0435.
1521 (b) “Sexual offender” means a person who has been
1522 adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
1523 (c) “Vehicles owned” has the same meaning as provided in s.
1524 775.21.
1525 (3)(a) The department shall must provide information
1526 regarding any sexual offender who is being released after
1527 serving a period of residential commitment under the department
1528 for any offense, as follows:
1529 1. The department shall must provide the sexual offender’s
1530 name, any change in the offender’s name by reason of marriage or
1531 other legal process, and any alias, if known; the correctional
1532 facility from which the sexual offender is released; the sexual
1533 offender’s social security number, race, sex, date of birth,
1534 height, weight, and hair and eye color; the make, model, color,
1535 vehicle identification number (VIN), and license tag number of
1536 all vehicles owned by the sexual offender and all vehicles owned
1537 by a person or persons residing at the sexual offender’s
1538 residence, if known; address of any planned permanent residence
1539 or temporary residence, within the state or out of state,
1540 including a rural route address and a post office box; if no
1541 permanent or temporary address, any transient residence within
1542 the state; address, location or description, and dates of any
1543 known future temporary residence within the state or out of
1544 state; date and county of disposition and each crime for which
1545 there was a disposition; a copy of the offender’s fingerprints
1546 and a digitized photograph taken within 60 days before release;
1547 the date of release of the sexual offender; all and home
1548 telephone numbers number and any cellular telephone numbers;
1549 information about any professional licenses the offender has, if
1550 known; and passport information, if he or she has a passport,
1551 and, if he or she is an alien, information about documents
1552 establishing his or her immigration status number. A person is
1553 residing at the sexual offender’s residence if the person
1554 abides, lodges, or resides at that residence for 5 or more
1555 consecutive days. The department shall notify the Department of
1556 Law Enforcement if the sexual offender escapes, absconds, or
1557 dies. If the sexual offender is in the custody of a private
1558 correctional facility, the facility shall take the digitized
1559 photograph of the sexual offender within 60 days before the
1560 sexual offender’s release and also place it in the sexual
1561 offender’s file. If the sexual offender is in the custody of a
1562 local jail, the custodian of the local jail shall register the
1563 offender within 3 business days after intake of the offender for
1564 any reason and upon release, and shall notify the Department of
1565 Law Enforcement of the sexual offender’s release and provide to
1566 the Department of Law Enforcement the information specified in
1567 this subparagraph and any information specified in subparagraph
1568 2. which the Department of Law Enforcement requests.
1569 2. The department may provide any other information
1570 considered necessary, including criminal and delinquency
1571 records, when available.
1572 Section 10. Subsection (4) and paragraph (b) of subsection
1573 (13) of section 985.4815, Florida Statutes, are amended and a
1574 new paragraph (e) is added to subsection (1) of that section to
1575 read:
1576 985.4815 Notification to Department of Law Enforcement of
1577 information on juvenile sexual offenders.—
1578 (1) As used in this section, the term:
1579 (a) “Change in enrollment or employment status” means the
1580 commencement or termination of enrollment or employment or a
1581 change in location of enrollment or employment.
1582 (b) “Conviction” has the same meaning as provided in s.
1583 943.0435.
1584 (c) “Institution of higher education” means a career
1585 center, community college, college, state university, or
1586 independent postsecondary institution.
1587 (d) “Sexual offender” means a person who is in the care or
1588 custody or under the jurisdiction or supervision of the
1589 department or is in the custody of a private correctional
1590 facility and who:
1591 1. Has been adjudicated delinquent as provided in s.
1592 943.0435(1)(a)1.d.; or
1593 2. Establishes or maintains a residence in this state and
1594 has not been designated as a sexual predator by a court of this
1595 state but has been designated as a sexual predator, as a
1596 sexually violent predator, or by another sexual offender
1597 designation in another state or jurisdiction and was, as a
1598 result of such designation, subjected to registration or
1599 community or public notification, or both, or would be if the
1600 person were a resident of that state or jurisdiction, without
1601 regard to whether the person otherwise meets the criteria for
1602 registration as a sexual offender.
1603 (e) “Vehicles owned” has the same meaning as provided in s.
1604 775.21.
1605 (4) A sexual offender, as described in this section, who is
1606 under the supervision of the department but who is not committed
1607 shall must register with the department within 3 business days
1608 after adjudication and disposition for a registrable offense and
1609 otherwise provide information as required by this subsection.
1610 (a) The sexual offender shall provide his or her name; date
1611 of birth; social security number; race; sex; height; weight;
1612 hair and eye color; tattoos or other identifying marks; the
1613 make, model, color, vehicle identification number (VIN), and
1614 license tag number of all vehicles owned by the sexual offender
1615 and all vehicles owned by a person or persons residing at the
1616 sexual offender’s residence; permanent or legal residence and
1617 address of temporary residence within the state or out of state
1618 while the sexual offender is in the care or custody or under the
1619 jurisdiction or supervision of the department in this state,
1620 including any rural route address or post office box; if no
1621 permanent or temporary address, any transient residence;
1622 address, location or description, and dates of any current or
1623 known future temporary residence within the state or out of
1624 state; and the name and address of each school attended. A
1625 person is residing at the sexual offender’s residence if the
1626 person abides, lodges, or resides at that residence for 5 or
1627 more consecutive days. The sexual offender shall also produce
1628 his or her passport, if he or she has a passport, and, if he or
1629 she is an alien, shall produce or provide information about
1630 documents establishing his or her immigration status. The
1631 offender shall also provide information about any professional
1632 licenses he or she has. The department shall verify the address
1633 of each sexual offender and shall report to the Department of
1634 Law Enforcement any failure by a sexual offender to comply with
1635 registration requirements.
1636 (b) If the sexual offender is enrolled, employed,
1637 volunteering, or carrying on a vocation at an institution of
1638 higher education in this state, the sexual offender shall
1639 provide the name, address, and county of each institution,
1640 including each campus attended, and the sexual offender’s
1641 enrollment, volunteer, or employment status. Each change in
1642 enrollment, volunteer, or employment status must shall be
1643 reported to the department within 48 hours after the change in
1644 status. The department shall promptly notify each institution of
1645 the sexual offender’s presence and any change in the sexual
1646 offender’s enrollment, volunteer, or employment status.
1647 (13)
1648 (b) The sheriff’s office may determine the appropriate
1649 times and days for reporting by the sexual offender, which must
1650 shall be consistent with the reporting requirements of this
1651 subsection. Reregistration must shall include any changes to the
1652 following information:
1653 1. Name; social security number; age; race; sex; date of
1654 birth; height; weight; hair and eye color; fingerprints; palm
1655 prints; address of any permanent residence and address of any
1656 current temporary residence, within the state or out of state,
1657 including a rural route address and a post office box; if no
1658 permanent or temporary address, any transient residence;
1659 address, location or description, and dates of any current or
1660 known future temporary residence within the state or out of
1661 state; passport information, if he or she has a passport, and,
1662 if he or she is an alien, information about documents
1663 establishing his or her immigration status; name and address of
1664 each school attended; date and place of any employment; the
1665 vehicle make, model, color, vehicle identification number (VIN),
1666 and license tag number of all vehicles owned by the sexual
1667 offender and all vehicles owned by a person or persons residing
1668 at the sexual offender’s residence; fingerprints; and
1669 photograph. A person is residing at the sexual offender’s
1670 residence if the person abides, lodges, or resides at that
1671 residence for 5 or more consecutive days. A post office box may
1672 shall not be provided in lieu of a physical residential address.
1673 The offender shall also provide information about any
1674 professional licenses he or she has.
1675 2. If the sexual offender is enrolled, employed,
1676 volunteering, or carrying on a vocation at an institution of
1677 higher education in this state, the sexual offender shall also
1678 provide to the department the name, address, and county of each
1679 institution, including each campus attended, and the sexual
1680 offender’s enrollment, volunteer, or employment status.
1681 3. If the sexual offender’s place of residence is a motor
1682 vehicle, trailer, mobile home, or manufactured home, as defined
1683 in chapter 320, the sexual offender shall also provide the
1684 vehicle identification number; the license tag number; the
1685 registration number; and a description, including color scheme,
1686 of the motor vehicle, trailer, mobile home, or manufactured
1687 home. If the sexual offender’s place of residence is a vessel,
1688 live-aboard vessel, or houseboat, as defined in chapter 327, the
1689 sexual offender shall also provide the hull identification
1690 number; the manufacturer’s serial number; the name of the
1691 vessel, live-aboard vessel, or houseboat; the registration
1692 number; and a description, including color scheme, of the
1693 vessel, live-aboard vessel, or houseboat.
1694 4. Any sexual offender who fails to report in person as
1695 required at the sheriff’s office, or who fails to respond to any
1696 address verification correspondence from the department within 3
1697 weeks after the date of the correspondence, or who knowingly
1698 provides false registration information by act or omission
1699 commits a felony of the third degree, punishable as provided in
1700 ss. 775.082, 775.083, and 775.084.
1701 Section 11. Paragraphs (g) and (i) of subsection (3) of
1702 section 921.0022, Florida Statutes, are amended to read:
1703 921.0022 Criminal Punishment Code; offense severity ranking
1704 chart.—
1705 (3) OFFENSE SEVERITY RANKING CHART
1706 (g) LEVEL 7
1707
1708 FloridaStatute FelonyDegree Description
1709 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1710 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1711 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.
1712 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1713 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1714 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1715 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1716 456.065(2) 3rd Practicing a health care profession without a license.
1717 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1718 458.327(1) 3rd Practicing medicine without a license.
1719 459.013(1) 3rd Practicing osteopathic medicine without a license.
1720 460.411(1) 3rd Practicing chiropractic medicine without a license.
1721 461.012(1) 3rd Practicing podiatric medicine without a license.
1722 462.17 3rd Practicing naturopathy without a license.
1723 463.015(1) 3rd Practicing optometry without a license.
1724 464.016(1) 3rd Practicing nursing without a license.
1725 465.015(2) 3rd Practicing pharmacy without a license.
1726 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1727 467.201 3rd Practicing midwifery without a license.
1728 468.366 3rd Delivering respiratory care services without a license.
1729 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1730 483.901(9) 3rd Practicing medical physics without a license.
1731 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1732 484.053 3rd Dispensing hearing aids without a license.
1733 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.
1734 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.
1735 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1736 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1737 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
1738 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1739 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1740 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1741 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1742 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1743 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1744 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1745 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1746 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1747 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1748 784.048(7) 3rd Aggravated stalking; violation of court order.
1749 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1750 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1751 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1752 784.081(1) 1st Aggravated battery on specified official or employee.
1753 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1754 784.083(1) 1st Aggravated battery on code inspector.
1755 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
1756 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
1757 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1758 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1759 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1760 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1761 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1762 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1763 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1764 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.
1765 796.03 2nd Procuring any person under 18 16 years for prostitution.
1766 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1767 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.
1768 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1769 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1770 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1771 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1772 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1773 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.
1774 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1775 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1776 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1777 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1778 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1779 812.131(2)(a) 2nd Robbery by sudden snatching.
1780 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1781 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1782 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1783 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1784 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1785 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.
1786 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1787 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1788 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.
1789 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1790 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1791 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1792 838.015 2nd Bribery.
1793 838.016 2nd Unlawful compensation or reward for official behavior.
1794 838.021(3)(a) 2nd Unlawful harm to a public servant.
1795 838.22 2nd Bid tampering.
1796 843.0855(2) 3rd Impersonation of a public officer or employee.
1797 843.0855(3) 3rd Unlawful simulation of legal process.
1798 843.0855(4) 3rd Intimidation of a public officer or employee.
1799 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1800 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1801 872.06 2nd Abuse of a dead human body.
1802 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1803 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1804 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.
1805 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.
1806 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).
1807 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1808 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1809 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1810 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1811 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1812 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1813 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1814 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1815 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1816 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1817 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1818 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1819 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1820 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1821 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1822 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1823 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1824 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1825 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1826 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1827 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1828 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1829 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1830 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1831 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1832 (i) LEVEL 9
1833
1834 FloridaStatute FelonyDegree Description
1835 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1836 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1837 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1838 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1839 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1840 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1841 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1842 775.0844 1st Aggravated white collar crime.
1843 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1844 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
1845 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1846 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1847 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1848 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1849 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1850 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.
1851 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
1852 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
1853 787.06(4) 1st Selling or buying of minors into human trafficking.
1854 790.161 1st Attempted capital destructive device offense.
1855 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1856 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1857 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1858 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1859 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1860 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1861 796.035 1st Selling or buying of minors into prostitution.
1862 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1863 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1864 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1865 812.135(2)(b) 1st Home-invasion robbery with weapon.
1866 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1867 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1868 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
1869 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.
1870 827.03(2)(a) 1st Aggravated child abuse.
1871 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1872 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1873 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.
1874 893.135 1st Attempted capital trafficking offense.
1875 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1876 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1877 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1878 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1879 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1880 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1881 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1882 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1883 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1884 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1885 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1886 Section 12. This act shall take effect October 1, 2014.