Florida Senate - 2014 CS for CS for SB 528

By the Committees on Appropriations; and Judiciary; and Senator
Evers

576-01915-14 2014528c2
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; requiring reporting of transient residence
32 information within specified time periods; requiring
33 sheriffs to establish procedures for reporting
34 transient residence information; authorizing sheriffs
35 to enter into agreements for reporting transient
36 residence information; providing a criminal penalty
37 for failure to report transient residence information;
38 revising reporting requirements if a sexual predator
39 plans to leave the United States for more than a
40 specified time; authorizing sheriffs to verify the
41 address of registrants under the care, custody,
42 control, or supervision of the Department of
43 Corrections; providing criminal penalties for
44 knowingly providing false registration information by
45 act or omission; authorizing additional venues for
46 prosecution of registration violations; conforming
47 provisions to changes made by the act; amending s.
48 775.25, F.S.; authorizing additional venues for
49 prosecution of registration violations; amending s.
50 943.043, F.S.; prohibiting display or dissemination of
51 certain vehicle information on the Internet public
52 registry of sexual predators and offenders; amending
53 s. 943.0435, F.S.; adding additional offenses to the
54 list of sexual offender qualifying offenses; revising
55 definitions; requiring disclosure of additional sexual
56 offender registration information; requiring reporting
57 of transient residence information within specified
58 time periods; requiring sheriffs to establish
59 procedures for reporting transient residence
60 information; authorizing sheriffs to enter into
61 agreements for reporting transient residence
62 information; providing a criminal penalty for failure
63 to report transient residence information; requiring
64 that a sexual offender who is unable to secure or
65 update a driver license or identification card within
66 a specified period report a change in certain
67 information to the local sheriff’s office within a
68 specified period of time of such change and confirm
69 that he or she also reported such information to the
70 Department of Highway Safety and Motor Vehicles;
71 authorizing sheriffs to verify the address of
72 registrants under the care, custody, and control, or
73 supervision of the Department of Corrections;
74 providing additional requirements for sexual offenders
75 intending to reside outside of the United States;
76 authorizing additional venues for prosecution of
77 registration violations; revising criteria applicable
78 to provisions that allow removal of the requirement to
79 register as a sexual offender; providing criminal
80 penalties for knowingly providing false registration
81 information by act or omission; conforming provisions
82 to changes made by the act; amending s. 943.04354,
83 F.S.; revising the criteria applicable to provisions
84 that allow removal of the requirement to register as a
85 sexual offender or sexual predator; amending s.
86 943.0437, F.S.; conforming terminology; amending ss.
87 944.606 and 944.607, F.S.; adding additional offenses
88 to the list of sexual offender qualifying offenses;
89 revising definitions; requiring disclosure of
90 additional registration information; providing
91 criminal penalties for knowingly providing false
92 registration information by act or omission;
93 conforming provisions to changes made by the act;
94 amending ss. 985.481 and 985.4815, F.S.; requiring
95 disclosure of additional registration information by
96 certain sexual offenders adjudicated delinquent and
97 certain juvenile sexual offenders; providing criminal
98 penalties for knowingly providing false registration
99 information by act or omission; amending s. 921.0022,
100 F.S.; updating provisions of the offense severity
101 ranking chart of the Criminal Punishment Code to
102 reflect prior changes in the law; conforming
103 provisions of the offense severity ranking chart to
104 changes made by the act; providing an effective date.
105
106 Be It Enacted by the Legislature of the State of Florida:
107
108 Section 1. Paragraph (a) of subsection (2) and subsection
109 (6) of section 68.07, Florida Statutes, are amended and a new
110 paragraph (i) is added to subsection (3) of that section to
111 read:
112 68.07 Change of name.—
113 (2)(a) Before the court hearing on a petition for a name
114 change, the petitioner must have fingerprints submitted for a
115 state and national criminal history records check, except if a
116 former name is being restored. Fingerprints for the petitioner
117 shall be taken in a manner approved by the Department of Law
118 Enforcement and shall be submitted electronically to the
119 department for state processing for a criminal history records
120 check. The department shall submit the fingerprints to the
121 Federal Bureau of Investigation for national processing. The
122 department shall submit the results of the state and national
123 records check, which must indicate whether the petitioner has
124 registered as a sexual predator or a sexual offender, to the
125 clerk of the court. The court shall consider the results in
126 reviewing the information contained in the petition and
127 evaluating whether to grant the petition.
128 (3) Each petition shall be verified and show:
129 (i) Whether the petitioner has ever been required to
130 register as a sexual predator under s. 775.021 or as a sexual
131 offender under s. 943.0435.
132 (j)(i) Whether any money judgment has ever been entered
133 against the petitioner and if so, the name of the judgment
134 creditor, the amount and date thereof, the court by which
135 entered, and whether the judgment has been satisfied.
136 (k)(j) That the petition is filed for no ulterior or
137 illegal purpose and granting it will not in any manner invade
138 the property rights of others, whether partnership, patent, good
139 will, privacy, trademark, or otherwise.
140 (l)(k) That the petitioner’s civil rights have never been
141 suspended or, if the petitioner’s civil rights have been
142 suspended, that full restoration of civil rights has occurred.
143 (6) The clerk of the court must, within 5 business days
144 after upon the filing of the final judgment, send a report of
145 the judgment to the Department of Law Enforcement on a form to
146 be furnished by that department. If the petitioner is required
147 to register as a sexual predator or a sexual offender pursuant
148 to s. 775.21 or s. 943.0435, the clerk of court shall
149 electronically notify the Department of Law Enforcement of the
150 name change, in a manner prescribed by that department, within 2
151 business days after the filing of the final judgment. The
152 Department of Law Enforcement must send a copy of the report to
153 the Department of Highway Safety and Motor Vehicles, which may
154 be delivered by electronic transmission. The report must contain
155 sufficient information to identify the petitioner, including the
156 results of the criminal history records check if applicable, the
157 new name of the petitioner, and the file number of the judgment.
158 The Department of Highway Safety and Motor Vehicles shall
159 monitor the records of any sexual predator or sexual offender
160 whose name has been provided to it by the Department of Law
161 Enforcement. If the sexual predator or sexual offender does not
162 obtain a replacement driver license or identification card
163 within the required time as specified in s. 775.21 or s.
164 943.0435, the Department of Highway Safety and Motor Vehicles
165 shall notify the Department of Law Enforcement. The Department
166 of Law Enforcement shall notify applicable law enforcement
167 agencies of the offender’s failure to comply with registration
168 requirements. Any information retained by the Department of Law
169 Enforcement and the Department of Highway Safety and Motor
170 Vehicles may be revised or supplemented by said departments to
171 reflect changes made by the final judgment. With respect to a
172 person convicted of a felony in another state or of a federal
173 offense, the Department of Law Enforcement must send the report
174 to the respective state’s office of law enforcement records or
175 to the office of the Federal Bureau of Investigation. The
176 Department of Law Enforcement may forward the report to any
177 other law enforcement agency it believes may retain information
178 related to the petitioner.
179 Section 2. Paragraphs (i) and (m) of subsection (2),
180 paragraph (a) of subsection (4), subsections (6) and (8), and
181 paragraphs (a) and (d) of subsection (10) of section 775.21,
182 Florida Statutes, are amended, and a new paragraph (n) is added
183 to subsection (2) of that section to read:
184 775.21 The Florida Sexual Predators Act.—
185 (2) DEFINITIONS.—As used in this section, the term:
186 (i) “Internet identifier Instant message name” means all
187 electronic mail, chat, instant messenger, social networking,
188 application software, or similar names used for Internet
189 communication, but does not include a date of birth, social
190 security number, or personal identification number (PIN).
191 Voluntary disclosure by a sexual predator of his or her date of
192 birth, social security number, or PIN as an Internet identifier
193 waives the disclosure exemption in this paragraph for such
194 personal information an identifier that allows a person to
195 communicate in real time with another person using the Internet.
196 (m) “Transient residence” means a place or county where a
197 person lives, remains, or is located for a period of 5 or more
198 days in the aggregate during a calendar year and which is not
199 the person’s permanent or temporary address. The term includes,
200 but is not limited to, a place where the person sleeps or seeks
201 shelter and a location that has no specific street address.
202 (n) “Vehicles owned” means any motor vehicle as defined in
203 s. 320.01, which is registered, co-registered, leased, titled,
204 or rented by a sexual predator or sexual offender; a rented
205 vehicle that a sexual predator or sexual offender is authorized
206 to drive; or a vehicle for which a sexual predator or sexual
207 offender is insured as a driver. The term also includes any
208 motor vehicle as defined in s. 320.01, which is registered, co
209 registered, leased, titled, or rented by a person or persons
210 residing at a sexual predator or sexual offender’s permanent
211 residence for 5 or more consecutive days.
212 (4) SEXUAL PREDATOR CRITERIA.—
213 (a) For a current offense committed on or after October 1,
214 1993, upon conviction, an offender shall be designated as a
215 “sexual predator” under subsection (5), and subject to
216 registration under subsection (6) and community and public
217 notification under subsection (7) if:
218 1. The felony is:
219 a. A capital, life, or first-degree felony violation, or
220 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
221 is a minor and the defendant is not the victim’s parent or
222 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
223 violation of a similar law of another jurisdiction; or
224 b. Any felony violation, or any attempt thereof, of s.
225 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
226 787.025(2)(c), where the victim is a minor and the defendant is
227 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
228 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
229 796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025 s.
230 825.1025(2)(b); s. 827.071; s. 847.0135, excluding s.
231 847.0135(6) s. 847.0135(5); s. 847.0145; s. 916.1075(2); or s.
232 985.701(1); or a violation of a similar law of another
233 jurisdiction, and the offender has previously been convicted of
234 or found to have committed, or has pled nolo contendere or
235 guilty to, regardless of adjudication, any violation of s.
236 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
237 787.025(2)(c), where the victim is a minor and the defendant is
238 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
239 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
240 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
241 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
242 916.1075(2); or s. 985.701(1); or a violation of a similar law
243 of another jurisdiction;
244 2. The offender has not received a pardon for any felony or
245 similar law of another jurisdiction that is necessary for the
246 operation of this paragraph; and
247 3. A conviction of a felony or similar law of another
248 jurisdiction necessary to the operation of this paragraph has
249 not been set aside in any postconviction proceeding.
250 (6) REGISTRATION.—
251 (a) A sexual predator shall must register with the
252 department through the sheriff’s office by providing the
253 following information to the department:
254 1. Name; social security number; age; race; sex; date of
255 birth; height; weight; tattoos or other identifying marks; hair
256 and eye color; photograph; address of legal residence and
257 address of any current temporary residence, within the state or
258 out of state, including a rural route address and a post office
259 box; if no permanent or temporary address, any transient
260 residence within the state; address, location or description,
261 and dates of any current or known future temporary residence
262 within the state or out of state; all any electronic mail
263 addresses address and all Internet identifiers any instant
264 message name required to be provided pursuant to subparagraph
265 (g)4.; all home telephone numbers number and any cellular
266 telephone numbers number; date and place of any employment; the
267 make, model, color, vehicle identification number (VIN), and
268 license tag number of all vehicles owned; date and place of each
269 conviction; fingerprints; palm prints; and a brief description
270 of the crime or crimes committed by the offender. A post office
271 box may shall not be provided in lieu of a physical residential
272 address. The sexual predator shall produce his or her passport,
273 if he or she has a passport, and, if he or she is an alien,
274 shall produce or provide information about documents
275 establishing his or her immigration status. The sexual predator
276 shall also provide information about any professional licenses
277 he or she has.
278 a. If the sexual predator’s place of residence is a motor
279 vehicle, trailer, mobile home, or manufactured home, as defined
280 in chapter 320, the sexual predator shall also provide to the
281 department written notice of the vehicle identification number;
282 the license tag number; the registration number; and a
283 description, including color scheme, of the motor vehicle,
284 trailer, mobile home, or manufactured home. If a sexual
285 predator’s place of residence is a vessel, live-aboard vessel,
286 or houseboat, as defined in chapter 327, the sexual predator
287 shall also provide to the department written notice of the hull
288 identification number; the manufacturer’s serial number; the
289 name of the vessel, live-aboard vessel, or houseboat; the
290 registration number; and a description, including color scheme,
291 of the vessel, live-aboard vessel, or houseboat.
292 b. If the sexual predator is enrolled, employed,
293 volunteering, or carrying on a vocation at an institution of
294 higher education in this state, the sexual predator shall also
295 provide to the department the name, address, and county of each
296 institution, including each campus attended, and the sexual
297 predator’s enrollment, volunteer, or employment status. Each
298 change in enrollment, volunteer, or employment status must shall
299 be reported in person at the sheriff’s office, or the Department
300 of Corrections if the sexual predator is in the custody or
301 control of or under the supervision of the Department of
302 Corrections, within 48 hours after any change in status. The
303 sheriff or the Department of Corrections shall promptly notify
304 each institution of the sexual predator’s presence and any
305 change in the sexual predator’s enrollment, volunteer, or
306 employment status.
307 c. A sexual predator shall report in person to the
308 sheriff’s office within 48 hours after any change in vehicles
309 owned to report those vehicle information changes.
310 2. Any other information determined necessary by the
311 department, including criminal and corrections records;
312 nonprivileged personnel and treatment records; and evidentiary
313 genetic markers when available.
314 (b) If the sexual predator is in the custody or control of,
315 or under the supervision of, the Department of Corrections, or
316 is in the custody of a private correctional facility, the sexual
317 predator shall must register with the Department of Corrections.
318 A sexual predator who is under the supervision of the Department
319 of Corrections but who is not incarcerated shall must register
320 with the Department of Corrections within 3 business days after
321 the court finds the offender to be a sexual predator. The
322 Department of Corrections shall provide to the department
323 registration information and the location of, and local
324 telephone number for, any Department of Corrections office that
325 is responsible for supervising the sexual predator. In addition,
326 the Department of Corrections shall notify the department if the
327 sexual predator escapes or absconds from custody or supervision
328 or if the sexual predator dies.
329 (c) If the sexual predator is in the custody of a local
330 jail, the custodian of the local jail shall register the sexual
331 predator within 3 business days after intake of the sexual
332 predator for any reason and upon release, and shall forward the
333 registration information to the department. The custodian of the
334 local jail shall also take a digitized photograph of the sexual
335 predator while the sexual predator remains in custody and shall
336 provide the digitized photograph to the department. The
337 custodian shall notify the department if the sexual predator
338 escapes from custody or dies.
339 (d) If the sexual predator is under federal supervision,
340 the federal agency responsible for supervising the sexual
341 predator may forward to the department any information regarding
342 the sexual predator which is consistent with the information
343 provided by the Department of Corrections under this section,
344 and may indicate whether use of the information is restricted to
345 law enforcement purposes only or may be used by the department
346 for purposes of public notification.
347 (e)1. If the sexual predator is not in the custody or
348 control of, or under the supervision of, the Department of
349 Corrections or is not in the custody of a private correctional
350 facility, the sexual predator shall register in person:
351 a. At the sheriff’s office in the county where he or she
352 establishes or maintains a residence within 48 hours after
353 establishing or maintaining a residence in this state; and
354 b. At the sheriff’s office in the county where he or she
355 was designated a sexual predator by the court within 48 hours
356 after such finding is made.
357 2. Any change in the sexual predator’s permanent or
358 temporary residence, name, vehicles owned, or any electronic
359 mail addresses, or Internet identifiers address and any instant
360 message name required to be provided pursuant to subparagraph
361 (g)4., after the sexual predator registers in person at the
362 sheriff’s office as provided in subparagraph 1., must shall be
363 accomplished in the manner provided in paragraphs (g), (i), and
364 (j). When a sexual predator registers with the sheriff’s office,
365 the sheriff shall take a photograph, and a set of fingerprints,
366 and palm prints of the predator and forward the photographs,
367 palm prints, and fingerprints to the department, along with the
368 information that the predator is required to provide pursuant to
369 this section.
370 (f) Within 48 hours after the registration required under
371 paragraph (a) or paragraph (e), a sexual predator who is not
372 incarcerated and who resides in the community, including a
373 sexual predator under the supervision of the Department of
374 Corrections, shall register in person at a driver driver’s
375 license office of the Department of Highway Safety and Motor
376 Vehicles and shall present proof of registration. At the driver
377 driver’s license office the sexual predator shall:
378 1. If otherwise qualified, secure a Florida driver driver’s
379 license, renew a Florida driver driver’s license, or secure an
380 identification card. The sexual predator shall identify himself
381 or herself as a sexual predator who is required to comply with
382 this section, provide his or her place of permanent, temporary,
383 or transient residence, including a rural route address and a
384 post office box, and submit to the taking of a photograph for
385 use in issuing a driver driver’s license, renewed license, or
386 identification card, and for use by the department in
387 maintaining current records of sexual predators. A post office
388 box may shall not be provided in lieu of a physical residential
389 address. If the sexual predator’s place of residence is a motor
390 vehicle, trailer, mobile home, or manufactured home, as defined
391 in chapter 320, the sexual predator shall also provide to the
392 Department of Highway Safety and Motor Vehicles the vehicle
393 identification number; the license tag number; the registration
394 number; and a description, including color scheme, of the motor
395 vehicle, trailer, mobile home, or manufactured home. If a sexual
396 predator’s place of residence is a vessel, live-aboard vessel,
397 or houseboat, as defined in chapter 327, the sexual predator
398 shall also provide to the Department of Highway Safety and Motor
399 Vehicles the hull identification number; the manufacturer’s
400 serial number; the name of the vessel, live-aboard vessel, or
401 houseboat; the registration number; and a description, including
402 color scheme, of the vessel, live-aboard vessel, or houseboat.
403 2. Pay the costs assessed by the Department of Highway
404 Safety and Motor Vehicles for issuing or renewing a driver
405 driver’s license or identification card as required by this
406 section. The driver driver’s license or identification card
407 issued to the sexual predator must comply be in compliance with
408 s. 322.141(3).
409 3. Provide, upon request, any additional information
410 necessary to confirm the identity of the sexual predator,
411 including a set of fingerprints.
412 (g)1. Each time a sexual predator’s driver driver’s license
413 or identification card is subject to renewal, and, without
414 regard to the status of the predator’s driver driver’s license
415 or identification card, within 48 hours after any change of the
416 predator’s residence or change in the predator’s name by reason
417 of marriage or other legal process, the predator shall report in
418 person to a driver driver’s license office and is shall be
419 subject to the requirements specified in paragraph (f). The
420 Department of Highway Safety and Motor Vehicles shall forward to
421 the department and to the Department of Corrections all
422 photographs and information provided by sexual predators.
423 Notwithstanding the restrictions set forth in s. 322.142, the
424 Department of Highway Safety and Motor Vehicles may is
425 authorized to release a reproduction of a color-photograph or
426 digital-image license to the Department of Law Enforcement for
427 purposes of public notification of sexual predators as provided
428 in this section. A sexual predator who is unable to secure or
429 update a driver license or identification card with the
430 Department of Highway Safety and Motor Vehicles as provided in
431 paragraph (f) and this paragraph shall also report any change of
432 the predator’s residence or change in the predator’s name by
433 reason of marriage or other legal process within 48 hours after
434 the change to the sheriff’s office in the county where the
435 predator resides or is located and provide confirmation that he
436 or she reported such information to the Department of Highway
437 Safety and Motor Vehicles.
438 2.a. A sexual predator who vacates a permanent, temporary,
439 or transient residence and fails to establish or maintain
440 another permanent, temporary, or transient residence shall,
441 within 48 hours after vacating the permanent, temporary, or
442 transient residence, report in person to the sheriff’s office of
443 the county in which he or she is located. The sexual predator
444 shall specify the date upon which he or she intends to or did
445 vacate such residence. The sexual predator shall must provide or
446 update all of the registration information required under
447 paragraph (a). The sexual predator shall must provide an address
448 for the residence or other place that he or she is or will be
449 located during the time in which he or she fails to establish or
450 maintain a permanent or temporary residence.
451 b. A sexual predator shall report in person at the
452 sheriff’s office in the county in which he or she is located
453 within 48 hours after establishing a transient residence and
454 thereafter must report in person every 30 days to the sheriff’s
455 office in the county in which he or she is located while
456 maintaining a transient residence. The sexual predator must
457 provide the addresses and locations where he or she maintains a
458 transient residence. Each sheriff’s office shall establish
459 procedures for reporting transient residence information and
460 provide notice to transient registrants to report transient
461 residence information as required in this subparagraph.
462 Reporting to the sheriff’s office as required by this
463 subparagraph does not exempt registrants from any reregistration
464 requirement. The sheriff may coordinate and enter into
465 agreements with police departments and other governmental
466 entities to facilitate additional reporting sites for transient
467 residence registration required in this subparagraph. The
468 sheriff’s office shall, within 2 business days, electronically
469 submit and update all information provided by the sexual
470 predator to the department.
471 3. A sexual predator who remains at a permanent, temporary,
472 or transient residence after reporting his or her intent to
473 vacate such residence shall, within 48 hours after the date upon
474 which the predator indicated he or she would or did vacate such
475 residence, report in person to the sheriff’s office to which he
476 or she reported pursuant to subparagraph 2. for the purpose of
477 reporting his or her address at such residence. When the sheriff
478 receives the report, the sheriff shall promptly convey the
479 information to the department. An offender who makes a report as
480 required under subparagraph 2. but fails to make a report as
481 required under this subparagraph commits a felony of the second
482 degree, punishable as provided in s. 775.082, s. 775.083, or s.
483 775.084.
484 4. The failure of a sexual predator who maintains a
485 transient residence to report in person to the sheriff’s office
486 every 30 days as required by sub-subparagraph (g)2.b. is
487 punishable as provided in subsection (10).
488 5.4. A sexual predator shall must register all any
489 electronic mail addresses and Internet identifiers address or
490 instant message name with the department before prior to using
491 such electronic mail addresses and Internet identifiers address
492 or instant message name on or after October 1, 2007. The
493 department shall establish an online system through which sexual
494 predators may securely access and update all electronic mail
495 address and Internet identifier instant message name
496 information.
497 (h) The department shall must notify the sheriff and the
498 state attorney of the county and, if applicable, the police
499 chief of the municipality, where the sexual predator maintains a
500 residence.
501 (i) A sexual predator who intends to establish a permanent,
502 temporary, or transient residence in another state or
503 jurisdiction other than the State of Florida shall report in
504 person to the sheriff of the county of current residence within
505 48 hours before the date he or she intends to leave this state
506 to establish residence in another state or jurisdiction or
507 within 21 days before his or her planned departure date if the
508 intended residence of 5 days or more is outside of the United
509 States. The sexual predator shall must provide to the sheriff
510 the address, municipality, county, and state, and country of
511 intended residence. The sheriff shall promptly provide to the
512 department the information received from the sexual predator.
513 The department shall notify the statewide law enforcement
514 agency, or a comparable agency, in the intended state, or
515 jurisdiction, or country of residence of the sexual predator’s
516 intended residence. The failure of a sexual predator to provide
517 his or her intended place of residence is punishable as provided
518 in subsection (10).
519 (j) A sexual predator who indicates his or her intent to
520 establish a permanent, temporary, or transient residence in
521 another state, a or jurisdiction other than the State of
522 Florida, or another country and later decides to remain in this
523 state shall, within 48 hours after the date upon which the
524 sexual predator indicated he or she would leave this state,
525 report in person to the sheriff to which the sexual predator
526 reported the intended change of residence, and report his or her
527 intent to remain in this state. If the sheriff is notified by
528 the sexual predator that he or she intends to remain in this
529 state, the sheriff shall promptly report this information to the
530 department. A sexual predator who reports his or her intent to
531 establish a permanent, temporary, or transient residence in
532 another state, a or jurisdiction other than the State of
533 Florida, or another country, but who remains in this state
534 without reporting to the sheriff in the manner required by this
535 paragraph, commits a felony of the second degree, punishable as
536 provided in s. 775.082, s. 775.083, or s. 775.084.
537 (k)1. The department is responsible for the online
538 maintenance of current information regarding each registered
539 sexual predator. The department shall must maintain hotline
540 access for state, local, and federal law enforcement agencies to
541 obtain instantaneous locator file and offender characteristics
542 information on all released registered sexual predators for
543 purposes of monitoring, tracking, and prosecution. The
544 photograph, palm prints, and fingerprints do not have to be
545 stored in a computerized format.
546 2. The department’s sexual predator registration list,
547 containing the information described in subparagraph (a)1., is a
548 public record. The department may is authorized to disseminate
549 this public information by any means deemed appropriate,
550 including operating a toll-free telephone number for this
551 purpose. When the department provides information regarding a
552 registered sexual predator to the public, department personnel
553 shall must advise the person making the inquiry that positive
554 identification of a person believed to be a sexual predator
555 cannot be established unless a fingerprint comparison is made,
556 and that it is illegal to use public information regarding a
557 registered sexual predator to facilitate the commission of a
558 crime.
559 3. The department shall adopt guidelines as necessary
560 regarding the registration of sexual predators and the
561 dissemination of information regarding sexual predators as
562 required by this section.
563 (l) A sexual predator shall must maintain registration with
564 the department for the duration of his or her life, unless the
565 sexual predator has received a full pardon or has had a
566 conviction set aside in a postconviction proceeding for any
567 offense that met the criteria for the sexual predator
568 designation.
569 (8) VERIFICATION.—The department and the Department of
570 Corrections shall implement a system for verifying the addresses
571 of sexual predators. The system must be consistent with the
572 provisions of the federal Adam Walsh Child Protection and Safety
573 Act of 2006 and any other federal standards applicable to such
574 verification or required to be met as a condition for the
575 receipt of federal funds by the state. The Department of
576 Corrections shall verify the addresses of sexual predators who
577 are not incarcerated but who reside in the community under the
578 supervision of the Department of Corrections and shall report to
579 the department any failure by a sexual predator to comply with
580 registration requirements. County and local law enforcement
581 agencies, in conjunction with the department, shall verify the
582 addresses of sexual predators who are not under the care,
583 custody, control, or supervision of the Department of
584 Corrections, and may verify the addresses of sexual predators
585 who are under the care, custody, control, or supervision of the
586 Department of Corrections. Local law enforcement agencies shall
587 report to the department any failure by a sexual predator to
588 comply with registration requirements.
589 (a) A sexual predator shall must report in person each year
590 during the month of the sexual predator’s birthday and during
591 every third month thereafter to the sheriff’s office in the
592 county in which he or she resides or is otherwise located to
593 reregister. The sheriff’s office may determine the appropriate
594 times and days for reporting by the sexual predator, which must
595 shall be consistent with the reporting requirements of this
596 paragraph. Reregistration must shall include any changes to the
597 following information:
598 1. Name; social security number; age; race; sex; date of
599 birth; height; weight; tattoos or other identifying marks; hair
600 and eye color; address of any permanent residence and address of
601 any current temporary residence, within the state or out of
602 state, including a rural route address and a post office box; if
603 no permanent or temporary address, any transient residence
604 within the state; address, location or description, and dates of
605 any current or known future temporary residence within the state
606 or out of state; all any electronic mail addresses or Internet
607 identifiers address and any instant message name required to be
608 provided pursuant to subparagraph (6)(g)4.; all home telephone
609 numbers or number and any cellular telephone numbers number;
610 date and place of any employment; the vehicle make, model,
611 color, vehicle identification number (VIN), and license tag
612 number of all vehicles owned; fingerprints; palm prints; and
613 photograph. A post office box may shall not be provided in lieu
614 of a physical residential address. The sexual predator shall
615 also produce his or her passport, if he or she has a passport,
616 and, if he or she is an alien, shall produce or provide
617 information about documents establishing his or her immigration
618 status. The sexual predator shall also provide information about
619 any professional licenses he or she has.
620 2. If the sexual predator is enrolled, employed,
621 volunteering, or carrying on a vocation at an institution of
622 higher education in this state, the sexual predator shall also
623 provide to the department the name, address, and county of each
624 institution, including each campus attended, and the sexual
625 predator’s enrollment, volunteer, or employment status.
626 3. If the sexual predator’s place of residence is a motor
627 vehicle, trailer, mobile home, or manufactured home, as defined
628 in chapter 320, the sexual predator shall also provide the
629 vehicle identification number; the license tag number; the
630 registration number; and a description, including color scheme,
631 of the motor vehicle, trailer, mobile home, or manufactured
632 home. If the sexual predator’s place of residence is a vessel,
633 live-aboard vessel, or houseboat, as defined in chapter 327, the
634 sexual predator shall also provide the hull identification
635 number; the manufacturer’s serial number; the name of the
636 vessel, live-aboard vessel, or houseboat; the registration
637 number; and a description, including color scheme, of the
638 vessel, live-aboard vessel, or houseboat.
639 (b) The sheriff’s office shall, within 2 working days,
640 electronically submit and update all information provided by the
641 sexual predator to the department in a manner prescribed by the
642 department.
643 (10) PENALTIES.—
644 (a) Except as otherwise specifically provided, a sexual
645 predator who fails to register; who fails, after registration,
646 to maintain, acquire, or renew a driver driver’s license or
647 identification card; who fails to provide required location
648 information, electronic mail address information before use,
649 Internet identifier instant message name information before use,
650 all home telephone numbers number and any cellular telephone
651 numbers number, or change-of-name information; who fails to make
652 a required report in connection with vacating a permanent
653 residence; who fails to reregister as required; who fails to
654 respond to any address verification correspondence from the
655 department within 3 weeks of the date of the correspondence; who
656 knowingly provides false registration information by act or
657 omission; or who otherwise fails, by act or omission, to comply
658 with the requirements of this section, commits a felony of the
659 third degree, punishable as provided in s. 775.082, s. 775.083,
660 or s. 775.084.
661 (d) A sexual predator who commits any act or omission in
662 violation of this section may be prosecuted for the act or
663 omission in the county in which the act or omission was
664 committed, the county of the last registered address of the
665 sexual predator, or the county in which the conviction occurred
666 for the offense or offenses that meet the criteria for
667 designating a person as a sexual predator, in the county where
668 the sexual predator was released from incarceration, or in the
669 county of the intended address of the sexual predator as
670 reported by the predator prior to his or her release from
671 incarceration. In addition, a sexual predator may be prosecuted
672 for any such act or omission in the county in which he or she
673 was designated a sexual predator.
674 Section 3. Section 775.25, Florida Statutes, is amended to
675 read:
676 775.25 Prosecutions for acts or omissions.—A sexual
677 predator or sexual offender who commits any act or omission in
678 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
679 944.607, or former s. 947.177 may be prosecuted for the act or
680 omission in the county in which the act or omission was
681 committed, the county of the last registered address of the
682 sexual predator or sexual offender, or the county in which the
683 conviction occurred for the offense or offenses that meet the
684 criteria for designating a person as a sexual predator or sexual
685 offender, in the county where the sexual predator or sexual
686 offender was released from incarceration, or in the county of
687 the intended address of the sexual predator or sexual offender
688 as reported by the predator or offender prior to his or her
689 release from incarceration. In addition, a sexual predator may
690 be prosecuted for any such act or omission in the county in
691 which he or she was designated a sexual predator.
692 Section 4. Subsection (1) of section 943.043, Florida
693 Statutes, is amended to read:
694 943.043 Toll-free telephone number; Internet notification;
695 sexual predator and sexual offender information.—
696 (1) The department may notify the public through the
697 Internet of any information regarding sexual predators and
698 sexual offenders which is not confidential and exempt from
699 public disclosure under s. 119.07(1) and s. 24(a), Art. I of the
700 State Constitution. The department shall determine what
701 information shall be made available to the public through the
702 Internet. However, the department may not display on or
703 disseminate through the Internet public registry maintained by
704 the department any information regarding a vehicle that is owned
705 by a person who is not required to register as a sexual predator
706 or sexual offender.
707 Section 5. Paragraphs (a) and (g) of subsection (1),
708 subsections (2), (4), (6), (7), (8), (9) and (11), and
709 paragraphs (b) and (c) of subsection (14) of section 943.0435,
710 Florida Statutes, are amended and a new paragraph (h) is added
711 to subsection (1) of that section to read:
712 943.0435 Sexual offenders required to register with the
713 department; penalty.—
714 (1) As used in this section, the term:
715 (a)1. “Sexual offender” means a person who meets the
716 criteria in sub-subparagraph a., sub-subparagraph b., sub
717 subparagraph c., or sub-subparagraph d., as follows:
718 a.(I) Has been convicted of committing, or attempting,
719 soliciting, or conspiring to commit, any of the criminal
720 offenses proscribed in the following statutes in this state or
721 similar offenses in another jurisdiction: s. 393.135(2); s.
722 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
723 the victim is a minor and the defendant is not the victim’s
724 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
725 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
726 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
727 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
728 847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any
729 similar offense committed in this state which has been
730 redesignated from a former statute number to one of those listed
731 in this sub-sub-subparagraph; and
732 (II) Has been released on or after October 1, 1997, from
733 the sanction imposed for any conviction of an offense described
734 in sub-sub-subparagraph (I). For purposes of sub-sub
735 subparagraph (I), a sanction imposed in this state or in any
736 other jurisdiction includes, but is not limited to, a fine,
737 probation, community control, parole, conditional release,
738 control release, or incarceration in a state prison, federal
739 prison, private correctional facility, or local detention
740 facility;
741 b. Establishes or maintains a residence in this state and
742 who has not been designated as a sexual predator by a court of
743 this state but who has been designated as a sexual predator, as
744 a sexually violent predator, or by another sexual offender
745 designation in another state or jurisdiction and was, as a
746 result of such designation, subjected to registration or
747 community or public notification, or both, or would be if the
748 person were a resident of that state or jurisdiction, without
749 regard to whether the person otherwise meets the criteria for
750 registration as a sexual offender;
751 c. Establishes or maintains a residence in this state who
752 is in the custody or control of, or under the supervision of,
753 any other state or jurisdiction as a result of a conviction for
754 committing, or attempting, soliciting, or conspiring to commit,
755 any of the criminal offenses proscribed in the following
756 statutes or similar offense in another jurisdiction: s.
757 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
758 787.025(2)(c), where the victim is a minor and the defendant is
759 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
760 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
761 796.03; s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
762 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
763 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
764 985.701(1); or any similar offense committed in this state which
765 has been redesignated from a former statute number to one of
766 those listed in this sub-subparagraph; or
767 d. On or after July 1, 2007, has been adjudicated
768 delinquent for committing, or attempting, soliciting, or
769 conspiring to commit, any of the criminal offenses proscribed in
770 the following statutes in this state or similar offenses in
771 another jurisdiction when the juvenile was 14 years of age or
772 older at the time of the offense:
773 (I) Section 794.011, excluding s. 794.011(10);
774 (II) Section 800.04(4)(b) where the victim is under 12
775 years of age or where the court finds sexual activity by the use
776 of force or coercion;
777 (III) Section 800.04(5)(c)1. where the court finds
778 molestation involving unclothed genitals; or
779 (IV) Section 800.04(5)(d) where the court finds the use of
780 force or coercion and unclothed genitals.
781 2. For all qualifying offenses listed in sub-subparagraph
782 (1)(a)1.d., the court shall make a written finding of the age of
783 the offender at the time of the offense.
784
785 For each violation of a qualifying offense listed in this
786 subsection, except for a violation of s. 794.011, the court
787 shall make a written finding of the age of the victim at the
788 time of the offense. For a violation of s. 800.04(4), the court
789 shall also additionally make a written finding indicating
790 whether that the offense involved did or did not involve sexual
791 activity and indicating whether that the offense involved did or
792 did not involve force or coercion. For a violation of s.
793 800.04(5), the court shall also additionally make a written
794 finding that the offense did or did not involve unclothed
795 genitals or genital area and that the offense did or did not
796 involve the use of force or coercion.
797 (g) “Internet identifier Instant message name” has the same
798 meaning as provided in s. 775.21 means an identifier that allows
799 a person to communicate in real time with another person using
800 the Internet.
801 (h) “Vehicles owned” has the same meaning as provided in s.
802 775.21.
803 (2) A sexual offender shall:
804 (a) Report in person at the sheriff’s office:
805 1. In the county in which the offender establishes or
806 maintains a permanent, temporary, or transient residence within
807 48 hours after:
808 a. Establishing permanent, temporary, or transient
809 residence in this state; or
810 b. Being released from the custody, control, or supervision
811 of the Department of Corrections or from the custody of a
812 private correctional facility; or
813 2. In the county where he or she was convicted within 48
814 hours after being convicted for a qualifying offense for
815 registration under this section if the offender is not in the
816 custody or control of, or under the supervision of, the
817 Department of Corrections, or is not in the custody of a private
818 correctional facility.
819
820 Any change in the information required to be provided pursuant
821 to paragraph (b), including, but not limited to, any change in
822 the sexual offender’s permanent, temporary, or transient
823 residence, name, any electronic mail addresses, or Internet
824 identifiers address and any instant message name required to be
825 provided pursuant to paragraph (4)(d), after the sexual offender
826 reports in person at the sheriff’s office, must shall be
827 accomplished in the manner provided in subsections (4), (7), and
828 (8).
829 (b) Provide his or her name; date of birth; social security
830 number; race; sex; height; weight; hair and eye color; tattoos
831 or other identifying marks; fingerprints; palm prints;
832 photograph; occupation and place of employment; address of
833 permanent or legal residence or address of any current temporary
834 residence, within the state or out of state, including a rural
835 route address and a post office box; if no permanent or
836 temporary address, any transient residence within the state,
837 address, location or description, and dates of any current or
838 known future temporary residence within the state or out of
839 state; the make, model, color, vehicle identification number
840 (VIN), and license tag number of all vehicles owned; all home
841 telephone numbers number and any cellular telephone numbers
842 number; all any electronic mail addresses address and all
843 Internet identifiers any instant message name required to be
844 provided pursuant to paragraph (4)(d); date and place of each
845 conviction; and a brief description of the crime or crimes
846 committed by the offender. A post office box may shall not be
847 provided in lieu of a physical residential address. The sexual
848 offender shall also produce his or her passport, if he or she
849 has a passport, and, if he or she is an alien, shall produce or
850 provide information about documents establishing his or her
851 immigration status. The sexual offender shall also provide
852 information about any professional licenses he or she has.
853 1. If the sexual offender’s place of residence is a motor
854 vehicle, trailer, mobile home, or manufactured home, as defined
855 in chapter 320, the sexual offender shall also provide to the
856 department through the sheriff’s office written notice of the
857 vehicle identification number; the license tag number; the
858 registration number; and a description, including color scheme,
859 of the motor vehicle, trailer, mobile home, or manufactured
860 home. If the sexual offender’s place of residence is a vessel,
861 live-aboard vessel, or houseboat, as defined in chapter 327, the
862 sexual offender shall also provide to the department written
863 notice of the hull identification number; the manufacturer’s
864 serial number; the name of the vessel, live-aboard vessel, or
865 houseboat; the registration number; and a description, including
866 color scheme, of the vessel, live-aboard vessel, or houseboat.
867 2. If the sexual offender is enrolled, employed,
868 volunteering, or carrying on a vocation at an institution of
869 higher education in this state, the sexual offender shall also
870 provide to the department through the sheriff’s office the name,
871 address, and county of each institution, including each campus
872 attended, and the sexual offender’s enrollment, volunteer, or
873 employment status. Each change in enrollment, volunteer, or
874 employment status must shall be reported in person at the
875 sheriff’s office, within 48 hours after any change in status.
876 The sheriff shall promptly notify each institution of the sexual
877 offender’s presence and any change in the sexual offender’s
878 enrollment, volunteer, or employment status.
879 3. A sexual offender shall report in person to the
880 sheriff’s office within 48 hours after any change in vehicles
881 owned to report those vehicle information changes.
882 (c) Provide any other information determined necessary by
883 the department, including criminal and corrections records;
884 nonprivileged personnel and treatment records; and evidentiary
885 genetic markers, when available.
886
887 When a sexual offender reports at the sheriff’s office, the
888 sheriff shall take a photograph, and a set of fingerprints, and
889 palm prints of the offender and forward the photographs, palm
890 prints, and fingerprints to the department, along with the
891 information provided by the sexual offender. The sheriff shall
892 promptly provide to the department the information received from
893 the sexual offender.
894 (4)(a) Each time a sexual offender’s driver driver’s
895 license or identification card is subject to renewal, and,
896 without regard to the status of the offender’s driver driver’s
897 license or identification card, within 48 hours after any change
898 in the offender’s permanent, temporary, or transient residence
899 or change in the offender’s name by reason of marriage or other
900 legal process, the offender shall report in person to a driver
901 driver’s license office, and is shall be subject to the
902 requirements specified in subsection (3). The Department of
903 Highway Safety and Motor Vehicles shall forward to the
904 department all photographs and information provided by sexual
905 offenders. Notwithstanding the restrictions set forth in s.
906 322.142, the Department of Highway Safety and Motor Vehicles may
907 is authorized to release a reproduction of a color-photograph or
908 digital-image license to the Department of Law Enforcement for
909 purposes of public notification of sexual offenders as provided
910 in this section and ss. 943.043 and 944.606. A sexual offender
911 who is unable to secure or update a driver license or
912 identification card with the Department of Highway Safety and
913 Motor Vehicles as provided in subsection (3) and this subsection
914 shall also report any change in the sexual offender’s permanent,
915 temporary, or transient residence or change in the offender’s
916 name by reason of marriage or other legal process within 48
917 hours after the change to the sheriff’s office in the county
918 where the offender resides or is located and provide
919 confirmation that he or she reported such information to the
920 Department of Highway Safety and Motor Vehicles.
921 (b)1. A sexual offender who vacates a permanent, temporary,
922 or transient residence and fails to establish or maintain
923 another permanent, temporary, or transient residence shall,
924 within 48 hours after vacating the permanent, temporary, or
925 transient residence, report in person to the sheriff’s office of
926 the county in which he or she is located. The sexual offender
927 shall specify the date upon which he or she intends to or did
928 vacate such residence. The sexual offender must provide or
929 update all of the registration information required under
930 paragraph (2)(b). The sexual offender must provide an address
931 for the residence or other place that he or she is or will be
932 located during the time in which he or she fails to establish or
933 maintain a permanent or temporary residence.
934 2. A sexual offender shall report in person at the
935 sheriff’s office in the county in which he or she is located
936 within 48 hours after establishing a transient residence and
937 thereafter must report in person every 30 days to the sheriff’s
938 office in the county in which he or she is located while
939 maintaining a transient residence. The sexual offender must
940 provide the addresses and locations where he or she maintains a
941 transient residence. Each sheriff’s office shall establish
942 procedures for reporting transient residence information and
943 provide notice to transient registrants to report transient
944 residence information as required in this subparagraph.
945 Reporting to the sheriff’s office as required by this
946 subparagraph does not exempt registrants from any reregistration
947 requirement. The sheriff may coordinate and enter into
948 agreements with police departments and other governmental
949 entities to facilitate additional reporting sites for transient
950 residence registration required in this subparagraph. The
951 sheriff’s office shall, within 2 business days, electronically
952 submit and update all information provided by the sexual
953 offender to the department.
954 (c) A sexual offender who remains at a permanent,
955 temporary, or transient residence after reporting his or her
956 intent to vacate such residence shall, within 48 hours after the
957 date upon which the offender indicated he or she would or did
958 vacate such residence, report in person to the agency to which
959 he or she reported pursuant to paragraph (b) for the purpose of
960 reporting his or her address at such residence. When the sheriff
961 receives the report, the sheriff shall promptly convey the
962 information to the department. An offender who makes a report as
963 required under paragraph (b) but fails to make a report as
964 required under this paragraph commits a felony of the second
965 degree, punishable as provided in s. 775.082, s. 775.083, or s.
966 775.084.
967 (d) The failure of a sexual offender who maintains a
968 transient residence to report in person to the sheriff’s office
969 every 30 days as required in subparagraph (b)2. is punishable as
970 provided in subsection (9).
971 (e)(d) A sexual offender shall must register all any
972 electronic mail addresses and Internet identifiers address or
973 instant message name with the department before using such
974 electronic mail addresses and Internet identifiers address or
975 instant message name. The department shall establish an online
976 system through which sexual offenders may securely access and
977 update all electronic mail address and Internet identifier
978 instant message name information.
979 (6) County and local law enforcement agencies, in
980 conjunction with the department, shall verify the addresses of
981 sexual offenders who are not under the care, custody, control,
982 or supervision of the Department of Corrections, and may verify
983 the addresses of sexual offenders who are under the care,
984 custody, control, or supervision of the Department of
985 Corrections, in a manner that is consistent with the provisions
986 of the federal Adam Walsh Child Protection and Safety Act of
987 2006 and any other federal standards applicable to such
988 verification or required to be met as a condition for the
989 receipt of federal funds by the state. Local law enforcement
990 agencies shall report to the department any failure by a sexual
991 offender to comply with registration requirements.
992 (7) A sexual offender who intends to establish a permanent,
993 temporary, or transient residence in another state or
994 jurisdiction other than the State of Florida shall report in
995 person to the sheriff of the county of current residence within
996 48 hours before the date he or she intends to leave this state
997 to establish residence in another state or jurisdiction or
998 within 21 days before his or her planned departure date if the
999 intended residence of 5 days or more is outside of the United
1000 States. The notification must include the address, municipality,
1001 county, and state, and country of intended residence. The
1002 sheriff shall promptly provide to the department the information
1003 received from the sexual offender. The department shall notify
1004 the statewide law enforcement agency, or a comparable agency, in
1005 the intended state, or jurisdiction, or country of residence of
1006 the sexual offender’s intended residence. The failure of a
1007 sexual offender to provide his or her intended place of
1008 residence is punishable as provided in subsection (9).
1009 (8) A sexual offender who indicates his or her intent to
1010 establish a permanent, temporary, or transient residence in
1011 another state, a or jurisdiction other than the State of
1012 Florida, or another country and later decides to remain in this
1013 state shall, within 48 hours after the date upon which the
1014 sexual offender indicated he or she would leave this state,
1015 report in person to the sheriff to which the sexual offender
1016 reported the intended change of permanent, temporary, or
1017 transient residence, and report his or her intent to remain in
1018 this state. The sheriff shall promptly report this information
1019 to the department. A sexual offender who reports his or her
1020 intent to establish a permanent, temporary, or transient
1021 residence in another state, a or jurisdiction other than the
1022 State of Florida, or another country but who remains in this
1023 state without reporting to the sheriff in the manner required by
1024 this subsection commits a felony of the second degree,
1025 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1026 (9)(a) A sexual offender who does not comply with the
1027 requirements of this section commits a felony of the third
1028 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1029 775.084.
1030 (b) A sexual offender who commits any act or omission in
1031 violation of this section may be prosecuted for the act or
1032 omission in the county in which the act or omission was
1033 committed, the county of the last registered address of the
1034 sexual offender, or the county in which the conviction occurred
1035 for the offense or offenses that meet the criteria for
1036 designating a person as a sexual offender, in the county where
1037 the sexual offender was released from incarceration, or in the
1038 county of the intended address of the sexual offender as
1039 reported by the offender prior to his or her release from
1040 incarceration.
1041 (c) An arrest on charges of failure to register when the
1042 offender has been provided and advised of his or her statutory
1043 obligations to register under subsection (2), the service of an
1044 information or a complaint for a violation of this section, or
1045 an arraignment on charges for a violation of this section
1046 constitutes actual notice of the duty to register. A sexual
1047 offender’s failure to immediately register as required by this
1048 section following such arrest, service, or arraignment
1049 constitutes grounds for a subsequent charge of failure to
1050 register. A sexual offender charged with the crime of failure to
1051 register who asserts, or intends to assert, a lack of notice of
1052 the duty to register as a defense to a charge of failure to
1053 register shall immediately register as required by this section.
1054 A sexual offender who is charged with a subsequent failure to
1055 register may not assert the defense of a lack of notice of the
1056 duty to register.
1057 (11) Except as provided in s. 943.04354, a sexual offender
1058 shall must maintain registration with the department for the
1059 duration of his or her life, unless the sexual offender has
1060 received a full pardon or has had a conviction set aside in a
1061 postconviction proceeding for any offense that meets the
1062 criteria for classifying the person as a sexual offender for
1063 purposes of registration. However, a sexual offender:
1064 (a)1. Who has been lawfully released from confinement,
1065 supervision, or sanction, whichever is later, for at least 25
1066 years and has not been arrested for any felony or misdemeanor
1067 offense since release, provided that the sexual offender’s
1068 requirement to register was not based upon an adult conviction:
1069 a. For a violation of s. 787.01 or s. 787.02;
1070 b. For a violation of s. 794.011, excluding s. 794.011(10);
1071 c. For a violation of s. 800.04(4)(b) where the court finds
1072 the offense involved a victim under 12 years of age or sexual
1073 activity by the use of force or coercion;
1074 d. For a violation of s. 800.04(5)(b);
1075 e. For a violation of s. 800.04(5)(c)2. s. 800.04(5)c.2.
1076 where the court finds the offense involved the use of force or
1077 coercion and unclothed genitals or genital area;
1078 f. For any attempt or conspiracy to commit any such
1079 offense; or
1080 g. For a violation of similar law of another jurisdiction,
1081 h. For a violation of a similar offense committed in this
1082 state which has been redesignated from a former statute number
1083 to one of those listed in this paragraph,
1084
1085 may petition the criminal division of the circuit court of the
1086 circuit where the conviction or adjudication occurred in which
1087 the sexual offender resides for the purpose of removing the
1088 requirement for registration as a sexual offender.
1089 2. The court may grant or deny relief if the offender
1090 demonstrates to the court that he or she has not been arrested
1091 for any crime since release; the requested relief complies with
1092 the provisions of the federal Adam Walsh Child Protection and
1093 Safety Act of 2006 and any other federal standards applicable to
1094 the removal of registration requirements for a sexual offender
1095 or required to be met as a condition for the receipt of federal
1096 funds by the state; and the court is otherwise satisfied that
1097 the offender is not a current or potential threat to public
1098 safety. The state attorney in the circuit in which the petition
1099 is filed must be given notice of the petition at least 3 weeks
1100 before the hearing on the matter. The state attorney may present
1101 evidence in opposition to the requested relief or may otherwise
1102 demonstrate the reasons why the petition should be denied. If
1103 the court denies the petition, the court may set a future date
1104 at which the sexual offender may again petition the court for
1105 relief, subject to the standards for relief provided in this
1106 subsection.
1107 3. The department shall remove an offender from
1108 classification as a sexual offender for purposes of registration
1109 if the offender provides to the department a certified copy of
1110 the court’s written findings or order that indicates that the
1111 offender is no longer required to comply with the requirements
1112 for registration as a sexual offender.
1113 4. For purposes of this paragraph:
1114 a. The registration period of a sexual offender sentenced
1115 to a term of incarceration or committed to a residential program
1116 begins upon the offender’s release from incarceration or
1117 commitment for the most recent conviction that required the
1118 offender to register.
1119 b. A sexual offender’s registration period is tolled during
1120 any period in which the offender is incarcerated, civilly
1121 committed, detained pursuant to chapter 985, or committed to a
1122 residential program.
1123 c. Except as provided in sub-subparagraph e., if the sexual
1124 offender is only sentenced to a term of supervision for the most
1125 recent conviction that required the offender to register as a
1126 sexual offender or is only subject to a period of supervision
1127 for that conviction, the registration period begins when the
1128 term or period of supervision for that conviction begins.
1129 d. Except as provided in sub-subparagraph e., if the sexual
1130 offender is sentenced to a term of supervision that follows a
1131 term of incarceration for the most recent conviction that
1132 required the offender to register as a sexual offender or is
1133 subject to a period of supervision that follows commitment to a
1134 residential program for that conviction, the registration period
1135 begins when the term or period of supervision for that
1136 conviction begins.
1137 e. If a sexual offender is sentenced to a term of more than
1138 25-years supervision for the most recent conviction that
1139 required the offender to register as a sexual offender, the
1140 sexual offender may not petition for removal of the requirement
1141 for registration as a sexual offender until the term of
1142 supervision for that conviction is completed.
1143 (b) As defined in sub-subparagraph (1)(a)1.b. must maintain
1144 registration with the department for the duration of his or her
1145 life until the person provides the department with an order
1146 issued by the court that designated the person as a sexual
1147 predator, as a sexually violent predator, or by another sexual
1148 offender designation in the state or jurisdiction in which the
1149 order was issued which states that such designation has been
1150 removed or demonstrates to the department that such designation,
1151 if not imposed by a court, has been removed by operation of law
1152 or court order in the state or jurisdiction in which the
1153 designation was made, and provided such person no longer meets
1154 the criteria for registration as a sexual offender under the
1155 laws of this state.
1156 (14)
1157 (b) However, a sexual offender who is required to register
1158 as a result of a conviction for:
1159 1. Section 787.01 or s. 787.02 where the victim is a minor
1160 and the offender is not the victim’s parent or guardian;
1161 2. Section 794.011, excluding s. 794.011(10);
1162 3. Section 800.04(4)(b) where the court finds the offense
1163 involved a victim under 12 years of age or sexual activity by
1164 the use of force or coercion;
1165 4. Section 800.04(5)(b);
1166 5. Section 800.04(5)(c)1. where the court finds molestation
1167 involving unclothed genitals or genital area;
1168 6. Section 800.04(5)(c)2. 800.04(5)c.2. where the court
1169 finds molestation involving the use of force or coercion and
1170 unclothed genitals or genital area;
1171 7. Section 800.04(5)(d) where the court finds the use of
1172 force or coercion and unclothed genitals or genital area;
1173 8. Any attempt or conspiracy to commit such offense; or
1174 9. A violation of a similar law of another jurisdiction; or
1175 ,
1176 10. A violation of a similar offense committed in this
1177 state which has been redesignated from a former statute number
1178 to one of those listed in this paragraph,
1179
1180 must reregister each year during the month of the sexual
1181 offender’s birthday and every third month thereafter.
1182 (c) The sheriff’s office may determine the appropriate
1183 times and days for reporting by the sexual offender, which must
1184 shall be consistent with the reporting requirements of this
1185 subsection. Reregistration must shall include any changes to the
1186 following information:
1187 1. Name; social security number; age; race; sex; date of
1188 birth; height; weight; tattoos or other identifying marks; hair
1189 and eye color; address of any permanent residence and address of
1190 any current temporary residence, within the state or out of
1191 state, including a rural route address and a post office box; if
1192 no permanent or temporary address, any transient residence
1193 within the state; address, location or description, and dates of
1194 any current or known future temporary residence within the state
1195 or out of state; all any electronic mail addresses or Internet
1196 identifiers address and any instant message name required to be
1197 provided pursuant to paragraph (4)(d); all home telephone
1198 numbers and number and any cellular telephone numbers number;
1199 date and place of any employment; the vehicle make, model,
1200 color, vehicle identification number (VIN), and license tag
1201 number of all vehicles owned; fingerprints; palm prints; and
1202 photograph. A post office box may shall not be provided in lieu
1203 of a physical residential address. The sexual offender shall
1204 also produce his or her passport, if he or she has a passport,
1205 and, if he or she is an alien, shall produce or provide
1206 information about documents establishing his or her immigration
1207 status. The sexual offender shall also provide information about
1208 any professional licenses he or she has.
1209 2. If the sexual offender is enrolled, volunteering,
1210 employed, or carrying on a vocation at an institution of higher
1211 education in this state, the sexual offender shall also provide
1212 to the department the name, address, and county of each
1213 institution, including each campus attended, and the sexual
1214 offender’s enrollment, volunteer, or employment status.
1215 3. If the sexual offender’s place of residence is a motor
1216 vehicle, trailer, mobile home, or manufactured home, as defined
1217 in chapter 320, the sexual offender shall also provide the
1218 vehicle identification number; the license tag number; the
1219 registration number; and a description, including color scheme,
1220 of the motor vehicle, trailer, mobile home, or manufactured
1221 home. If the sexual offender’s place of residence is a vessel,
1222 live-aboard vessel, or houseboat, as defined in chapter 327, the
1223 sexual offender shall also provide the hull identification
1224 number; the manufacturer’s serial number; the name of the
1225 vessel, live-aboard vessel, or houseboat; the registration
1226 number; and a description, including color scheme, of the
1227 vessel, live-aboard vessel or houseboat.
1228 4. Any sexual offender who fails to report in person as
1229 required at the sheriff’s office, or who fails to respond to any
1230 address verification correspondence from the department within 3
1231 weeks of the date of the correspondence, or who fails to report
1232 all electronic mail addresses and all Internet identifiers prior
1233 to use or instant message names, or who knowingly provides false
1234 registration information by act or omission commits a felony of
1235 the third degree, punishable as provided in s. 775.082, s.
1236 775.083, or s. 775.084.
1237 Section 6. Section 943.04354, Florida Statutes, is amended
1238 to read:
1239 943.04354 Removal of the requirement to register as a
1240 sexual offender or sexual predator in special circumstances.—
1241 (1) For purposes of this section, a person shall be
1242 considered for removal of the requirement to register as a
1243 sexual offender or sexual predator only if the person:
1244 (a) Was or will be convicted, regardless of adjudication,
1245 or adjudicated delinquent of a violation of s. 794.011, s.
1246 800.04, s. 827.071, or s. 847.0135(5) or of a similar offense in
1247 another jurisdiction or the person committed a violation of s.
1248 794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
1249 adjudication of guilt was or will be withheld, and if the person
1250 does not have any other conviction, regardless of adjudication,
1251 or adjudication of delinquency, or withhold of adjudication of
1252 guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
1253 s. 847.0135(5) or for a similar offense in another jurisdiction;
1254 (b)1. Was convicted, regardless of adjudication, or
1255 adjudicated delinquent of an offense listed in paragraph (a) and
1256 is required to register as a sexual offender or sexual predator
1257 solely on the basis of this conviction or adjudication; or
1258 violation; and
1259 2. Was convicted, regardless of adjudication, or
1260 adjudicated delinquent of an offense in another jurisdiction
1261 which is similar to an offense listed in paragraph (a) and no
1262 longer meets the criteria for registration as a sexual offender
1263 or sexual predator under the laws of the jurisdiction in which
1264 the similar offense occurred; and
1265 (c) Is not more than 4 years older than the victim of this
1266 violation who was 13 14 years of age or older but younger not
1267 more than 18 17 years of age at the time the person committed
1268 this violation.
1269 (2) If a person meets the criteria in subsection (1) and
1270 the violation of s. 794.011, s. 800.04, s. 827.071, or s.
1271 847.0135(5) was committed on or after July 1, 2007, the person
1272 may move the criminal division of the circuit court of the
1273 circuit where the conviction or adjudication for the qualifying
1274 offense occurred court that will sentence or dispose of this
1275 violation to remove the requirement that the person register as
1276 a sexual offender or sexual predator. The person must allege in
1277 the motion that he or she meets the criteria in subsection (1)
1278 and that removal of the registration requirement will not
1279 conflict with federal law. A person convicted or adjudicated
1280 delinquent of an offense in another jurisdiction which is
1281 similar to an offense listed in paragraph (1)(a) must provide
1282 the court written confirmation that he or she is not required to
1283 register in the jurisdiction in which the conviction or
1284 adjudication occurred. The state attorney and the department
1285 must be given notice of the motion at least 21 days before the
1286 date of sentencing, or disposition of the this violation, or
1287 hearing on the motion and may present evidence in opposition to
1288 the requested relief or may otherwise demonstrate why the motion
1289 should be denied. At sentencing, or disposition of the this
1290 violation, or hearing on the motion, the court shall rule on the
1291 this motion, and, if the court determines the person meets the
1292 criteria in subsection (1) and the removal of the registration
1293 requirement will not conflict with federal law, it may grant the
1294 motion and order the removal of the registration requirement.
1295 The court shall instruct the person to provide the department a
1296 certified copy of the order granting relief. If the court denies
1297 the motion, the person is not authorized under this section to
1298 file another motion petition for removal of the registration
1299 requirement.
1300 (3)(a) This subsection applies to a person who:
1301 1. Is not a person described in subsection (2) because the
1302 violation of s. 794.011, s. 800.04, or s. 827.071 was not
1303 committed on or after July 1, 2007;
1304 2. Is subject to registration as a sexual offender or
1305 sexual predator for a violation of s. 794.011, s. 800.04, or s.
1306 827.071; and
1307 3. Meets the criteria in subsection (1).
1308 (b) A person may petition the court in which the sentence
1309 or disposition for the violation of s. 794.011, s. 800.04, or s.
1310 827.071 occurred for removal of the requirement to register as a
1311 sexual offender or sexual predator. The person must allege in
1312 the petition that he or she meets the criteria in subsection (1)
1313 and removal of the registration requirement will not conflict
1314 with federal law. The state attorney must be given notice of the
1315 petition at least 21 days before the hearing on the petition and
1316 may present evidence in opposition to the requested relief or
1317 may otherwise demonstrate why the petition should be denied. The
1318 court shall rule on the petition and, if the court determines
1319 the person meets the criteria in subsection (1) and removal of
1320 the registration requirement will not conflict with federal law,
1321 it may grant the petition and order the removal of the
1322 registration requirement. If the court denies the petition, the
1323 person is not authorized under this section to file any further
1324 petition for removal of the registration requirement.
1325 (3)(4) If a person provides to the Department of Law
1326 Enforcement a certified copy of the court’s order removing the
1327 requirement that the person register as a sexual offender or
1328 sexual predator for the violation of s. 794.011, s. 800.04, s.
1329 827.071, or s. 847.0135(5), or a similar offense in another
1330 jurisdiction, the registration requirement will not apply to the
1331 person and the department shall remove all information about the
1332 person from the public registry of sexual offenders and sexual
1333 predators maintained by the department. However, the removal of
1334 this information from the public registry does not mean that the
1335 public is denied access to information about the person’s
1336 criminal history or record that is otherwise available as a
1337 public record.
1338 Section 7. Subsections (2) and (3) of section 943.0437,
1339 Florida Statutes, are amended to read:
1340 943.0437 Commercial social networking websites.—
1341 (2) The department may provide information relating to
1342 electronic mail addresses and Internet identifiers, as defined
1343 in s. 775.21, instant message names maintained as part of the
1344 sexual offender registry to commercial social networking
1345 websites or third parties designated by commercial social
1346 networking websites. The commercial social networking website
1347 may use this information for the purpose of comparing registered
1348 users and screening potential users of the commercial social
1349 networking website against the list of electronic mail addresses
1350 and Internet identifiers instant message names provided by the
1351 department.
1352 (3) This section does not shall not be construed to impose
1353 any civil liability on a commercial social networking website
1354 for:
1355 (a) Any action voluntarily taken in good faith to remove or
1356 disable any profile of a registered user associated with an
1357 electronic mail address or Internet identifier instant message
1358 name contained in the sexual offender registry.
1359 (b) Any action taken to restrict access by such registered
1360 user to the commercial social networking website.
1361 Section 8. Paragraphs (b) and (d) of subsection (1) and
1362 paragraph (a) of subsection (3) of section 944.606, Florida
1363 Statutes, are amended to read:
1364 944.606 Sexual offenders; notification upon release.—
1365 (1) As used in this section:
1366 (b) “Sexual offender” means a person who has been convicted
1367 of committing, or attempting, soliciting, or conspiring to
1368 commit, any of the criminal offenses proscribed in the following
1369 statutes in this state or similar offenses in another
1370 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1371 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1372 defendant is not the victim’s parent or guardian; s.
1373 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1374 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1375 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1376 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1377 s. 916.1075(2); or s. 985.701(1); or any similar offense
1378 committed in this state which has been redesignated from a
1379 former statute number to one of those listed in this subsection,
1380 when the department has received verified information regarding
1381 such conviction; an offender’s computerized criminal history
1382 record is not, in and of itself, verified information.
1383 (d) “Internet identifier” has the same meaning as provided
1384 in s. 775.21 “Instant message name” means an identifier that
1385 allows a person to communicate in real time with another person
1386 using the Internet.
1387 (3)(a) The department shall must provide information
1388 regarding any sexual offender who is being released after
1389 serving a period of incarceration for any offense, as follows:
1390 1. The department shall must provide: the sexual offender’s
1391 name, any change in the offender’s name by reason of marriage or
1392 other legal process, and any alias, if known; the correctional
1393 facility from which the sexual offender is released; the sexual
1394 offender’s social security number, race, sex, date of birth,
1395 height, weight, and hair and eye color; tattoos or other
1396 identifying marks; address of any planned permanent residence or
1397 temporary residence, within the state or out of state, including
1398 a rural route address and a post office box; if no permanent or
1399 temporary address, any transient residence within the state;
1400 address, location or description, and dates of any known future
1401 temporary residence within the state or out of state; date and
1402 county of sentence and each crime for which the offender was
1403 sentenced; a copy of the offender’s fingerprints, palm prints,
1404 and a digitized photograph taken within 60 days before release;
1405 the date of release of the sexual offender; all any electronic
1406 mail addresses address and all Internet identifiers any instant
1407 message name required to be provided pursuant to s.
1408 943.0435(4)(d); all and home telephone numbers number and any
1409 cellular telephone numbers; information about any professional
1410 licenses the offender has, if known; and passport information,
1411 if he or she has a passport, and, if he or she is an alien,
1412 information about documents establishing his or her immigration
1413 status number. The department shall notify the Department of Law
1414 Enforcement if the sexual offender escapes, absconds, or dies.
1415 If the sexual offender is in the custody of a private
1416 correctional facility, the facility shall take the digitized
1417 photograph of the sexual offender within 60 days before the
1418 sexual offender’s release and provide this photograph to the
1419 Department of Corrections and also place it in the sexual
1420 offender’s file. If the sexual offender is in the custody of a
1421 local jail, the custodian of the local jail shall register the
1422 offender within 3 business days after intake of the offender for
1423 any reason and upon release, and shall notify the Department of
1424 Law Enforcement of the sexual offender’s release and provide to
1425 the Department of Law Enforcement the information specified in
1426 this paragraph and any information specified in subparagraph 2.
1427 that the Department of Law Enforcement requests.
1428 2. The department may provide any other information deemed
1429 necessary, including criminal and corrections records,
1430 nonprivileged personnel and treatment records, when available.
1431 Section 9. Paragraphs (a) and (f) of subsection (1),
1432 subsection (4), and paragraphs (b) and (c) of subsection (13) of
1433 section 944.607, Florida Statutes, are amended and a new
1434 paragraph (b) is added to subsection (1) of that section to
1435 read:
1436 944.607 Notification to Department of Law Enforcement of
1437 information on sexual offenders.—
1438 (1) As used in this section, the term:
1439 (a) “Sexual offender” means a person who is in the custody
1440 or control of, or under the supervision of, the department or is
1441 in the custody of a private correctional facility:
1442 1. On or after October 1, 1997, as a result of a conviction
1443 for committing, or attempting, soliciting, or conspiring to
1444 commit, any of the criminal offenses proscribed in the following
1445 statutes in this state or similar offenses in another
1446 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1447 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1448 defendant is not the victim’s parent or guardian; s.
1449 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1450 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1451 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1452 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1453 s. 916.1075(2); or s. 985.701(1); or any similar offense
1454 committed in this state which has been redesignated from a
1455 former statute number to one of those listed in this paragraph;
1456 or
1457 2. Who establishes or maintains a residence in this state
1458 and who has not been designated as a sexual predator by a court
1459 of this state but who has been designated as a sexual predator,
1460 as a sexually violent predator, or by another sexual offender
1461 designation in another state or jurisdiction and was, as a
1462 result of such designation, subjected to registration or
1463 community or public notification, or both, or would be if the
1464 person were a resident of that state or jurisdiction, without
1465 regard as to whether the person otherwise meets the criteria for
1466 registration as a sexual offender.
1467 (b) “Vehicles owned” has the same meaning as provided in s.
1468 775.21.
1469 (g)(f) “Internet identifier” has the same meaning as
1470 provided in s. 775.21 “Instant message name” means an identifier
1471 that allows a person to communicate in real time with another
1472 person using the Internet.
1473 (4) A sexual offender, as described in this section, who is
1474 under the supervision of the Department of Corrections but is
1475 not incarcerated shall must register with the Department of
1476 Corrections within 3 business days after sentencing for a
1477 registrable offense and otherwise provide information as
1478 required by this subsection.
1479 (a) The sexual offender shall provide his or her name; date
1480 of birth; social security number; race; sex; height; weight;
1481 hair and eye color; tattoos or other identifying marks; all any
1482 electronic mail addresses address and Internet identifiers any
1483 instant message name required to be provided pursuant to s.
1484 943.0435(4)(d); all home telephone numbers and cellular
1485 telephone numbers; the make, model, color, vehicle
1486 identification number (VIN), and license tag number of all
1487 vehicles owned; permanent or legal residence and address of
1488 temporary residence within the state or out of state while the
1489 sexual offender is under supervision in this state, including
1490 any rural route address or post office box; if no permanent or
1491 temporary address, any transient residence within the state; and
1492 address, location or description, and dates of any current or
1493 known future temporary residence within the state or out of
1494 state. The sexual offender shall also produce his or her
1495 passport, if he or she has a passport, and, if he or she is an
1496 alien, shall produce or provide information about documents
1497 establishing his or her immigration status. The sexual offender
1498 shall also provide information about any professional licenses
1499 he or she has. The Department of Corrections shall verify the
1500 address of each sexual offender in the manner described in ss.
1501 775.21 and 943.0435. The department shall report to the
1502 Department of Law Enforcement any failure by a sexual predator
1503 or sexual offender to comply with registration requirements.
1504 (b) If the sexual offender is enrolled, employed,
1505 volunteering, or carrying on a vocation at an institution of
1506 higher education in this state, the sexual offender shall
1507 provide the name, address, and county of each institution,
1508 including each campus attended, and the sexual offender’s
1509 enrollment, volunteer, or employment status. Each change in
1510 enrollment, volunteer, or employment status must shall be
1511 reported to the department within 48 hours after the change in
1512 status. The Department of Corrections shall promptly notify each
1513 institution of the sexual offender’s presence and any change in
1514 the sexual offender’s enrollment, volunteer, or employment
1515 status.
1516 (c) A sexual offender shall report in person to the
1517 sheriff’s office within 48 hours after any change in vehicles
1518 owned to report those vehicle information changes.
1519 (13)
1520 (b) However, a sexual offender who is required to register
1521 as a result of a conviction for:
1522 1. Section 787.01 or s. 787.02 where the victim is a minor
1523 and the offender is not the victim’s parent or guardian;
1524 2. Section 794.011, excluding s. 794.011(10);
1525 3. Section 800.04(4)(b) where the victim is under 12 years
1526 of age or where the court finds sexual activity by the use of
1527 force or coercion;
1528 4. Section 800.04(5)(b);
1529 5. Section 800.04(5)(c)1. where the court finds molestation
1530 involving unclothed genitals or genital area;
1531 6. Section 800.04(5)c.2. where the court finds molestation
1532 involving use of force or coercion and unclothed genitals or
1533 genital area;
1534 7. Section 800.04(5)(d) where the court finds the use of
1535 force or coercion and unclothed genitals or genital area;
1536 8. Any attempt or conspiracy to commit such offense; or
1537 9. A violation of a similar law of another jurisdiction;
1538 or,
1539 10. A violation of a similar offense committed in this
1540 state which has been redesignated from a former statute number
1541 to one of those listed in this paragraph.
1542
1543 must reregister each year during the month of the sexual
1544 offender’s birthday and every third month thereafter.
1545 (c) The sheriff’s office may determine the appropriate
1546 times and days for reporting by the sexual offender, which must
1547 shall be consistent with the reporting requirements of this
1548 subsection. Reregistration must shall include any changes to the
1549 following information:
1550 1. Name; social security number; age; race; sex; date of
1551 birth; height; weight; tattoos or other identifying marks; hair
1552 and eye color; address of any permanent residence and address of
1553 any current temporary residence, within the state or out of
1554 state, including a rural route address and a post office box; if
1555 no permanent or temporary address, any transient residence;
1556 address, location or description, and dates of any current or
1557 known future temporary residence within the state or out of
1558 state; all any electronic mail addresses and Internet
1559 identifiers address and any instant message name required to be
1560 provided pursuant to s. 943.0435(4)(d); all home telephone
1561 numbers and cellular telephone numbers; date and place of any
1562 employment; the vehicle make, model, color, vehicle
1563 identification number (VIN), and license tag number of all
1564 vehicles owned; fingerprints; palm prints; and photograph. A
1565 post office box may shall not be provided in lieu of a physical
1566 residential address. The sexual offender shall also produce his
1567 or her passport, if he or she has a passport, and, if he or she
1568 is an alien, shall produce or provide information about
1569 documents establishing his or her immigration status. The sexual
1570 offender shall also provide information about any professional
1571 licenses he or she has.
1572 2. If the sexual offender is enrolled, employed,
1573 volunteering, or carrying on a vocation at an institution of
1574 higher education in this state, the sexual offender shall also
1575 provide to the department the name, address, and county of each
1576 institution, including each campus attended, and the sexual
1577 offender’s enrollment, volunteer, or employment status.
1578 3. If the sexual offender’s place of residence is a motor
1579 vehicle, trailer, mobile home, or manufactured home, as defined
1580 in chapter 320, the sexual offender shall also provide the
1581 vehicle identification number; the license tag number; the
1582 registration number; and a description, including color scheme,
1583 of the motor vehicle, trailer, mobile home, or manufactured
1584 home. If the sexual offender’s place of residence is a vessel,
1585 live-aboard vessel, or houseboat, as defined in chapter 327, the
1586 sexual offender shall also provide the hull identification
1587 number; the manufacturer’s serial number; the name of the
1588 vessel, live-aboard vessel, or houseboat; the registration
1589 number; and a description, including color scheme, of the
1590 vessel, live-aboard vessel or houseboat.
1591 4. Any sexual offender who fails to report in person as
1592 required at the sheriff’s office, or who fails to respond to any
1593 address verification correspondence from the department within 3
1594 weeks of the date of the correspondence, or who fails to report
1595 all electronic mail addresses or Internet identifiers prior to
1596 use or instant message names, or who knowingly provides false
1597 registration information by act or omission commits a felony of
1598 the third degree, punishable as provided in s. 775.082, s.
1599 775.083, or s. 775.084.
1600 Section 10. Paragraph (b) of subsection (1) of section
1601 985.481, Florida Statutes, is redesignated as paragraph (c), new
1602 paragraphs (b) and (d) are added to subsection (1), and
1603 paragraph (a) of subsection (3) of that section is amended to
1604 read:
1605 985.481 Sexual offenders adjudicated delinquent;
1606 notification upon release.—
1607 (1) As used in this section:
1608 (a) “Convicted” has the same meaning as provided in s.
1609 943.0435.
1610 (b) “Internet identifier” has the same meaning as provided
1611 in s. 775.21.
1612 (c)(b) “Sexual offender” means a person who has been
1613 adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
1614 (d) “Vehicles owned” has the same meaning as provided in s.
1615 775.21.
1616 (3)(a) The department shall must provide information
1617 regarding any sexual offender who is being released after
1618 serving a period of residential commitment under the department
1619 for any offense, as follows:
1620 1. The department shall must provide the sexual offender’s
1621 name, any change in the offender’s name by reason of marriage or
1622 other legal process, and any alias, if known; the correctional
1623 facility from which the sexual offender is released; the sexual
1624 offender’s social security number, race, sex, date of birth,
1625 height, weight, and hair and eye color; tattoos or other
1626 identifying marks; the make, model, color, vehicle
1627 identification number (VIN), and license tag number of all
1628 vehicles owned; address of any planned permanent residence or
1629 temporary residence, within the state or out of state, including
1630 a rural route address and a post office box; if no permanent or
1631 temporary address, any transient residence within the state;
1632 address, location or description, and dates of any known future
1633 temporary residence within the state or out of state; date and
1634 county of disposition and each crime for which there was a
1635 disposition; a copy of the offender’s fingerprints, palm prints,
1636 and a digitized photograph taken within 60 days before release;
1637 the date of release of the sexual offender; all and home
1638 telephone numbers number and any cellular telephone numbers; all
1639 Internet identifiers; information about any professional
1640 licenses the offender has, if known; and passport information,
1641 if he or she has a passport, and, if he or she is an alien,
1642 information about documents establishing his or her immigration
1643 status number. The department shall notify the Department of Law
1644 Enforcement if the sexual offender escapes, absconds, or dies.
1645 If the sexual offender is in the custody of a private
1646 correctional facility, the facility shall take the digitized
1647 photograph of the sexual offender within 60 days before the
1648 sexual offender’s release and also place it in the sexual
1649 offender’s file. If the sexual offender is in the custody of a
1650 local jail, the custodian of the local jail shall register the
1651 offender within 3 business days after intake of the offender for
1652 any reason and upon release, and shall notify the Department of
1653 Law Enforcement of the sexual offender’s release and provide to
1654 the Department of Law Enforcement the information specified in
1655 this subparagraph and any information specified in subparagraph
1656 2. which the Department of Law Enforcement requests.
1657 2. The department may provide any other information
1658 considered necessary, including criminal and delinquency
1659 records, when available.
1660 Section 11. Paragraph (d) of subsection (1) of section
1661 985.4815, Florida Statutes, is redesignated as paragraph (e),
1662 new paragraphs (d) and (f) are added to subsection (1), and
1663 subsection (4) and paragraph (b) of subsection (13) of that
1664 section are amended to read:
1665 985.4815 Notification to Department of Law Enforcement of
1666 information on juvenile sexual offenders.—
1667 (1) As used in this section, the term:
1668 (a) “Change in enrollment or employment status” means the
1669 commencement or termination of enrollment or employment or a
1670 change in location of enrollment or employment.
1671 (b) “Conviction” has the same meaning as provided in s.
1672 943.0435.
1673 (c) “Institution of higher education” means a career
1674 center, community college, college, state university, or
1675 independent postsecondary institution.
1676 (d) “Internet identifier” has the same meaning as provided
1677 in s. 775.21.
1678 (e)(d) “Sexual offender” means a person who is in the care
1679 or custody or under the jurisdiction or supervision of the
1680 department or is in the custody of a private correctional
1681 facility and who:
1682 1. Has been adjudicated delinquent as provided in s.
1683 943.0435(1)(a)1.d.; or
1684 2. Establishes or maintains a residence in this state and
1685 has not been designated as a sexual predator by a court of this
1686 state but has been designated as a sexual predator, as a
1687 sexually violent predator, or by another sexual offender
1688 designation in another state or jurisdiction and was, as a
1689 result of such designation, subjected to registration or
1690 community or public notification, or both, or would be if the
1691 person were a resident of that state or jurisdiction, without
1692 regard to whether the person otherwise meets the criteria for
1693 registration as a sexual offender.
1694 (f) “Vehicles owned” has the same meaning as provided in s.
1695 775.21.
1696 (4) A sexual offender, as described in this section, who is
1697 under the supervision of the department but who is not committed
1698 shall must register with the department within 3 business days
1699 after adjudication and disposition for a registrable offense and
1700 otherwise provide information as required by this subsection.
1701 (a) The sexual offender shall provide his or her name; date
1702 of birth; social security number; race; sex; height; weight;
1703 hair and eye color; tattoos or other identifying marks; the
1704 make, model, color, vehicle identification number (VIN), and
1705 license tag number of all vehicles owned; permanent or legal
1706 residence and address of temporary residence within the state or
1707 out of state while the sexual offender is in the care or custody
1708 or under the jurisdiction or supervision of the department in
1709 this state, including any rural route address or post office
1710 box; if no permanent or temporary address, any transient
1711 residence; address, location or description, and dates of any
1712 current or known future temporary residence within the state or
1713 out of state; all home telephone and cellular telephone numbers;
1714 all Internet identifiers; and the name and address of each
1715 school attended. The sexual offender shall also produce his or
1716 her passport, if he or she has a passport, and, if he or she is
1717 an alien, shall produce or provide information about documents
1718 establishing his or her immigration status. The offender shall
1719 also provide information about any professional licenses he or
1720 she has. The department shall verify the address of each sexual
1721 offender and shall report to the Department of Law Enforcement
1722 any failure by a sexual offender to comply with registration
1723 requirements.
1724 (b) If the sexual offender is enrolled, employed,
1725 volunteering, or carrying on a vocation at an institution of
1726 higher education in this state, the sexual offender shall
1727 provide the name, address, and county of each institution,
1728 including each campus attended, and the sexual offender’s
1729 enrollment, volunteer, or employment status. Each change in
1730 enrollment, volunteer, or employment status must shall be
1731 reported to the department within 48 hours after the change in
1732 status. The department shall promptly notify each institution of
1733 the sexual offender’s presence and any change in the sexual
1734 offender’s enrollment, volunteer, or employment status.
1735 (c) A sexual offender shall report in person to the
1736 sheriff’s office within 48 hours after any change in vehicles
1737 owned to report those vehicle information changes.
1738 (13)
1739 (b) The sheriff’s office may determine the appropriate
1740 times and days for reporting by the sexual offender, which must
1741 shall be consistent with the reporting requirements of this
1742 subsection. Reregistration must shall include any changes to the
1743 following information:
1744 1. Name; social security number; age; race; sex; date of
1745 birth; height; weight; hair and eye color; tattoos or other
1746 identifying marks; fingerprints; palm prints; address of any
1747 permanent residence and address of any current temporary
1748 residence, within the state or out of state, including a rural
1749 route address and a post office box; if no permanent or
1750 temporary address, any transient residence; address, location or
1751 description, and dates of any current or known future temporary
1752 residence within the state or out of state; passport
1753 information, if he or she has a passport, and, if he or she is
1754 an alien, information about documents establishing his or her
1755 immigration status; home telephone numbers and cellular
1756 telephone numbers; all Internet identifiers; name and address of
1757 each school attended; date and place of any employment; the
1758 vehicle make, model, color, vehicle identification number (VIN),
1759 and license tag number of all vehicles owned; fingerprints; and
1760 photograph. A post office box may shall not be provided in lieu
1761 of a physical residential address. The offender shall also
1762 provide information about any professional licenses he or she
1763 has.
1764 2. If the sexual offender is enrolled, employed,
1765 volunteering, or carrying on a vocation at an institution of
1766 higher education in this state, the sexual offender shall also
1767 provide to the department the name, address, and county of each
1768 institution, including each campus attended, and the sexual
1769 offender’s enrollment, volunteer, or employment status.
1770 3. If the sexual offender’s place of residence is a motor
1771 vehicle, trailer, mobile home, or manufactured home, as defined
1772 in chapter 320, the sexual offender shall also provide the
1773 vehicle identification number; the license tag number; the
1774 registration number; and a description, including color scheme,
1775 of the motor vehicle, trailer, mobile home, or manufactured
1776 home. If the sexual offender’s place of residence is a vessel,
1777 live-aboard vessel, or houseboat, as defined in chapter 327, the
1778 sexual offender shall also provide the hull identification
1779 number; the manufacturer’s serial number; the name of the
1780 vessel, live-aboard vessel, or houseboat; the registration
1781 number; and a description, including color scheme, of the
1782 vessel, live-aboard vessel, or houseboat.
1783 4. Any sexual offender who fails to report in person as
1784 required at the sheriff’s office, or who fails to respond to any
1785 address verification correspondence from the department within 3
1786 weeks after the date of the correspondence, or who knowingly
1787 provides false registration information by act or omission
1788 commits a felony of the third degree, punishable as provided in
1789 ss. 775.082, 775.083, and 775.084.
1790 Section 12. Paragraphs (g) and (i) of subsection (3) of
1791 section 921.0022, Florida Statutes, are amended to read:
1792 921.0022 Criminal Punishment Code; offense severity ranking
1793 chart.—
1794 (3) OFFENSE SEVERITY RANKING CHART
1795 (g) LEVEL 7
1796
1797 FloridaStatute FelonyDegree Description
1798 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1799 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1800 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.
1801 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1802 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1803 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1804 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1805 456.065(2) 3rd Practicing a health care profession without a license.
1806 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1807 458.327(1) 3rd Practicing medicine without a license.
1808 459.013(1) 3rd Practicing osteopathic medicine without a license.
1809 460.411(1) 3rd Practicing chiropractic medicine without a license.
1810 461.012(1) 3rd Practicing podiatric medicine without a license.
1811 462.17 3rd Practicing naturopathy without a license.
1812 463.015(1) 3rd Practicing optometry without a license.
1813 464.016(1) 3rd Practicing nursing without a license.
1814 465.015(2) 3rd Practicing pharmacy without a license.
1815 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1816 467.201 3rd Practicing midwifery without a license.
1817 468.366 3rd Delivering respiratory care services without a license.
1818 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1819 483.901(9) 3rd Practicing medical physics without a license.
1820 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1821 484.053 3rd Dispensing hearing aids without a license.
1822 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.
1823 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.
1824 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1825 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1826 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
1827 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1828 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1829 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1830 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1831 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1832 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1833 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1834 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1835 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1836 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1837 784.048(7) 3rd Aggravated stalking; violation of court order.
1838 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1839 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1840 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1841 784.081(1) 1st Aggravated battery on specified official or employee.
1842 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1843 784.083(1) 1st Aggravated battery on code inspector.
1844 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
1845 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.
1846 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1847 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1848 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1849 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1850 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1851 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1852 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1853 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.
1854 796.03 2nd Procuring any person under 18 16 years for prostitution.
1855 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1856 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.
1857 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1858 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1859 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1860 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1861 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1862 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.
1863 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1864 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1865 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1866 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1867 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1868 812.131(2)(a) 2nd Robbery by sudden snatching.
1869 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1870 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1871 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1872 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1873 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1874 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.
1875 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1876 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1877 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.
1878 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1879 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1880 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1881 838.015 2nd Bribery.
1882 838.016 2nd Unlawful compensation or reward for official behavior.
1883 838.021(3)(a) 2nd Unlawful harm to a public servant.
1884 838.22 2nd Bid tampering.
1885 843.0855(2) 3rd Impersonation of a public officer or employee.
1886 843.0855(3) 3rd Unlawful simulation of legal process.
1887 843.0855(4) 3rd Intimidation of a public officer or employee.
1888 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1889 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1890 872.06 2nd Abuse of a dead human body.
1891 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1892 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1893 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.
1894 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.
1895 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).
1896 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1897 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1898 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1899 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1900 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1901 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1902 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1903 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1904 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1905 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1906 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1907 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1908 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1909 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1910 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1911 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1912 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1913 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1914 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1915 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1916 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1917 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1918 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1919 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1920 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1921 (i) LEVEL 9
1922
1923 FloridaStatute FelonyDegree Description
1924 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1925 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1926 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1927 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1928 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1929 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1930 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1931 775.0844 1st Aggravated white collar crime.
1932 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1933 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.
1934 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1935 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1936 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1937 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1938 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1939 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.
1940 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
1941 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
1942 787.06(4) 1st Selling or buying of minors into human trafficking.
1943 790.161 1st Attempted capital destructive device offense.
1944 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1945 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1946 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1947 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1948 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1949 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1950 796.035 1st Selling or buying of minors into prostitution.
1951 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1952 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1953 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1954 812.135(2)(b) 1st Home-invasion robbery with weapon.
1955 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1956 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1957 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.
1958 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.
1959 827.03(2)(a) 1st Aggravated child abuse.
1960 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1961 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1962 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.
1963 893.135 1st Attempted capital trafficking offense.
1964 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1965 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1966 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1967 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1968 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1969 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1970 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1971 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1972 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1973 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1974 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1975 Section 13. This act shall take effect October 1, 2014.