ENROLLED
2014 Legislature CS for CS for SB 528, 1st Engrossed

2014528er
1
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 county and local law
41 enforcement agencies to verify the addresses of
42 registrants under the care, custody, control, or
43 supervision of the Department of Corrections;
44 providing criminal penalties for knowingly providing
45 false registration information by act or omission;
46 authorizing additional venues for prosecution of
47 registration violations; conforming provisions to
48 changes made by the act; amending s. 775.25, F.S.;
49 authorizing additional venues for prosecution of
50 registration violations; amending s. 943.043, F.S.;
51 prohibiting display or dissemination of certain
52 vehicle information on the Internet public registry of
53 sexual predators and offenders; amending s. 943.0435,
54 F.S.; adding additional offenses to the list of sexual
55 offender qualifying offenses; revising definitions;
56 requiring disclosure of additional sexual offender
57 registration information; requiring reporting of
58 transient residence information within specified time
59 periods; requiring sheriffs to establish procedures
60 for reporting transient residence information;
61 authorizing sheriffs to enter into agreements for
62 reporting transient residence information; providing a
63 criminal penalty for failure to report transient
64 residence information; requiring that a sexual
65 offender who is unable to secure or update a driver
66 license or identification card within a specified
67 period report a change in certain information to the
68 local sheriff’s office within a specified period of
69 time of such change and confirm that he or she also
70 reported such information to the Department of Highway
71 Safety and Motor Vehicles; authorizing county and
72 local law enforcement agencies to verify the addresses
73 of registrants under the care, custody, control, or
74 supervision of the Department of Corrections;
75 providing additional requirements for sexual offenders
76 intending to reside outside of the United States;
77 authorizing additional venues for prosecution of
78 registration violations; revising criteria applicable
79 to provisions that allow removal of the requirement to
80 register as a sexual offender; providing criminal
81 penalties for knowingly providing false registration
82 information by act or omission; conforming provisions
83 to changes made by the act; amending s. 943.04354,
84 F.S.; revising the criteria applicable to provisions
85 that allow removal of the requirement to register as a
86 sexual offender or sexual predator; amending s.
87 943.0437, F.S.; conforming terminology; amending ss.
88 944.606 and 944.607, F.S.; adding additional offenses
89 to the list of sexual offender qualifying offenses;
90 revising definitions; requiring disclosure of
91 additional registration information; providing
92 criminal penalties for knowingly providing false
93 registration information by act or omission;
94 conforming provisions to changes made by the act;
95 amending ss. 985.481 and 985.4815, F.S.; requiring
96 disclosure of additional registration information by
97 certain sexual offenders adjudicated delinquent and
98 certain juvenile sexual offenders; providing criminal
99 penalties for knowingly providing false registration
100 information by act or omission; amending s. 921.0022,
101 F.S.; updating provisions of the offense severity
102 ranking chart of the Criminal Punishment Code to
103 reflect prior changes in the law; conforming
104 provisions of the offense severity ranking chart to
105 changes made by the act; providing an effective date.
106
107 Be It Enacted by the Legislature of the State of Florida:
108
109 Section 1. Paragraph (a) of subsection (2) and subsection
110 (6) of section 68.07, Florida Statutes, are amended and a new
111 paragraph (i) is added to subsection (3) of that section, to
112 read:
113 68.07 Change of name.—
114 (2)(a) Before the court hearing on a petition for a name
115 change, the petitioner must have fingerprints submitted for a
116 state and national criminal history records check, except if a
117 former name is being restored. Fingerprints for the petitioner
118 shall be taken in a manner approved by the Department of Law
119 Enforcement and shall be submitted electronically to the
120 department for state processing for a criminal history records
121 check. The department shall submit the fingerprints to the
122 Federal Bureau of Investigation for national processing. The
123 department shall submit the results of the state and national
124 records check, which must indicate whether the petitioner has
125 registered as a sexual predator or a sexual offender, to the
126 clerk of the court. The court shall consider the results in
127 reviewing the information contained in the petition and
128 evaluating whether to grant the petition.
129 (3) Each petition shall be verified and show:
130 (i) Whether the petitioner has ever been required to
131 register as a sexual predator under s. 775.21 or as a sexual
132 offender under s. 943.0435.
133 (j)(i) Whether any money judgment has ever been entered
134 against the petitioner and if so, the name of the judgment
135 creditor, the amount and date thereof, the court by which
136 entered, and whether the judgment has been satisfied.
137 (k)(j) That the petition is filed for no ulterior or
138 illegal purpose and granting it will not in any manner invade
139 the property rights of others, whether partnership, patent, good
140 will, privacy, trademark, or otherwise.
141 (l)(k) That the petitioner’s civil rights have never been
142 suspended or, if the petitioner’s civil rights have been
143 suspended, that full restoration of civil rights has occurred.
144 (6) The clerk of the court must, within 5 business days
145 after upon the filing of the final judgment, send a report of
146 the judgment to the Department of Law Enforcement on a form to
147 be furnished by that department. If the petitioner is required
148 to register as a sexual predator or a sexual offender pursuant
149 to s. 775.21 or s. 943.0435, the clerk of court shall
150 electronically notify the Department of Law Enforcement of the
151 name change, in a manner prescribed by that department, within 2
152 business days after the filing of the final judgment. The
153 Department of Law Enforcement must send a copy of the report to
154 the Department of Highway Safety and Motor Vehicles, which may
155 be delivered by electronic transmission. The report must contain
156 sufficient information to identify the petitioner, including the
157 results of the criminal history records check if applicable, the
158 new name of the petitioner, and the file number of the judgment.
159 The Department of Highway Safety and Motor Vehicles shall
160 monitor the records of any sexual predator or sexual offender
161 whose name has been provided to it by the Department of Law
162 Enforcement. If the sexual predator or sexual offender does not
163 obtain a replacement driver license or identification card
164 within the required time as specified in s. 775.21 or s.
165 943.0435, the Department of Highway Safety and Motor Vehicles
166 shall notify the Department of Law Enforcement. The Department
167 of Law Enforcement shall notify applicable law enforcement
168 agencies of the predator’s or offender’s failure to comply with
169 registration requirements. Any information retained by the
170 Department of Law Enforcement and the Department of Highway
171 Safety and Motor Vehicles may be revised or supplemented by said
172 departments to reflect changes made by the final judgment. With
173 respect to a person convicted of a felony in another state or of
174 a federal offense, the Department of Law Enforcement must send
175 the report to the respective state’s office of law enforcement
176 records or to the office of the Federal Bureau of Investigation.
177 The Department of Law Enforcement may forward the report to any
178 other law enforcement agency it believes may retain information
179 related to the petitioner.
180 Section 2. Paragraphs (i) and (m) of subsection (2),
181 paragraph (a) of subsection (4), subsections (6) and (8), and
182 paragraphs (a) and (d) of subsection (10) of section 775.21,
183 Florida Statutes, are amended, and paragraph (n) is added to
184 subsection (2) of that section, to read:
185 775.21 The Florida Sexual Predators Act.—
186 (2) DEFINITIONS.—As used in this section, the term:
187 (i) “Internet identifier Instant message name” means all
188 electronic mail, chat, instant messenger, social networking,
189 application software, or similar names used for Internet
190 communication, but does not include a date of birth, social
191 security number, or personal identification number (PIN).
192 Voluntary disclosure by a sexual predator of his or her date of
193 birth, social security number, or PIN as an Internet identifier
194 waives the disclosure exemption in this paragraph for such
195 personal information an identifier that allows a person to
196 communicate in real time with another person using the Internet.
197 (m) “Transient residence” means a place or county where a
198 person lives, remains, or is located for a period of 5 or more
199 days in the aggregate during a calendar year and which is not
200 the person’s permanent or temporary address. The term includes,
201 but is not limited to, a place where the person sleeps or seeks
202 shelter and a location that has no specific street address.
203 (n) “Vehicles owned” means any motor vehicle as defined in
204 s. 320.01, which is registered, co-registered, leased, titled,
205 or rented by a sexual predator or sexual offender; a rented
206 vehicle that a sexual predator or sexual offender is authorized
207 to drive; or a vehicle for which a sexual predator or sexual
208 offender is insured as a driver. The term also includes any
209 motor vehicle as defined in s. 320.01, which is registered, co
210 registered, leased, titled, or rented by a person or persons
211 residing at a sexual predator’s or sexual offender’s permanent
212 residence for 5 or more consecutive days.
213 (4) SEXUAL PREDATOR CRITERIA.—
214 (a) For a current offense committed on or after October 1,
215 1993, upon conviction, an offender shall be designated as a
216 “sexual predator” under subsection (5), and subject to
217 registration under subsection (6) and community and public
218 notification under subsection (7) if:
219 1. The felony is:
220 a. A capital, life, or first-degree felony violation, or
221 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
222 is a minor and the defendant is not the victim’s parent or
223 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
224 violation of a similar law of another jurisdiction; or
225 b. Any felony violation, or any attempt thereof, of s.
226 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
227 787.025(2)(c), where the victim is a minor and the defendant is
228 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
229 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
230 796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025 s.
231 825.1025(2)(b); s. 827.071; s. 847.0135, excluding s.
232 847.0135(6) s. 847.0135(5); s. 847.0145; s. 916.1075(2); or s.
233 985.701(1); or a violation of a similar law of another
234 jurisdiction, and the offender has previously been convicted of
235 or found to have committed, or has pled nolo contendere or
236 guilty to, regardless of adjudication, any violation of s.
237 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
238 787.025(2)(c), where the victim is a minor and the defendant is
239 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
240 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
241 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
242 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
243 916.1075(2); or s. 985.701(1); or a violation of a similar law
244 of another jurisdiction;
245 2. The offender has not received a pardon for any felony or
246 similar law of another jurisdiction that is necessary for the
247 operation of this paragraph; and
248 3. A conviction of a felony or similar law of another
249 jurisdiction necessary to the operation of this paragraph has
250 not been set aside in any postconviction proceeding.
251 (6) REGISTRATION.—
252 (a) A sexual predator shall must register with the
253 department through the sheriff’s office by providing the
254 following information to the department:
255 1. Name; social security number; age; race; sex; date of
256 birth; height; weight; tattoos or other identifying marks; hair
257 and eye color; photograph; address of legal residence and
258 address of any current temporary residence, within the state or
259 out of state, including a rural route address and a post office
260 box; if no permanent or temporary address, any transient
261 residence within the state; address, location or description,
262 and dates of any current or known future temporary residence
263 within the state or out of state; all any electronic mail
264 addresses address and all Internet identifiers any instant
265 message name required to be provided pursuant to subparagraph
266 (g)5. (g)4.; all home telephone numbers number and any cellular
267 telephone numbers number; date and place of any employment; the
268 make, model, color, vehicle identification number (VIN), and
269 license tag number of all vehicles owned; date and place of each
270 conviction; fingerprints; palm prints; and a brief description
271 of the crime or crimes committed by the offender. A post office
272 box may shall not be provided in lieu of a physical residential
273 address. The sexual predator shall produce his or her passport,
274 if he or she has a passport, and, if he or she is an alien,
275 shall produce or provide information about documents
276 establishing his or her immigration status. The sexual predator
277 shall also provide information about any professional licenses
278 he or she has.
279 a. If the sexual predator’s place of residence is a motor
280 vehicle, trailer, mobile home, or manufactured home, as defined
281 in chapter 320, the sexual predator shall also provide to the
282 department written notice of the vehicle identification number;
283 the license tag number; the registration number; and a
284 description, including color scheme, of the motor vehicle,
285 trailer, mobile home, or manufactured home. If a sexual
286 predator’s place of residence is a vessel, live-aboard vessel,
287 or houseboat, as defined in chapter 327, the sexual predator
288 shall also provide to the department written notice of the hull
289 identification number; the manufacturer’s serial number; the
290 name of the vessel, live-aboard vessel, or houseboat; the
291 registration number; and a description, including color scheme,
292 of the vessel, live-aboard vessel, or houseboat.
293 b. If the sexual predator is enrolled, employed,
294 volunteering, or carrying on a vocation at an institution of
295 higher education in this state, the sexual predator shall also
296 provide to the department the name, address, and county of each
297 institution, including each campus attended, and the sexual
298 predator’s enrollment, volunteer, or employment status. Each
299 change in enrollment, volunteer, or employment status must shall
300 be reported in person at the sheriff’s office, or the Department
301 of Corrections if the sexual predator is in the custody or
302 control of or under the supervision of the Department of
303 Corrections, within 48 hours after any change in status. The
304 sheriff or the Department of Corrections shall promptly notify
305 each institution of the sexual predator’s presence and any
306 change in the sexual predator’s enrollment, volunteer, or
307 employment status.
308 c. A sexual predator shall report in person to the
309 sheriff’s office within 48 hours after any change in vehicles
310 owned to report those vehicle information changes.
311 2. Any other information determined necessary by the
312 department, including criminal and corrections records;
313 nonprivileged personnel and treatment records; and evidentiary
314 genetic markers when available.
315 (b) If the sexual predator is in the custody or control of,
316 or under the supervision of, the Department of Corrections, or
317 is in the custody of a private correctional facility, the sexual
318 predator shall must register with the Department of Corrections.
319 A sexual predator who is under the supervision of the Department
320 of Corrections but who is not incarcerated shall must register
321 with the Department of Corrections within 3 business days after
322 the court finds the offender to be a sexual predator. The
323 Department of Corrections shall provide to the department
324 registration information and the location of, and local
325 telephone number for, any Department of Corrections office that
326 is responsible for supervising the sexual predator. In addition,
327 the Department of Corrections shall notify the department if the
328 sexual predator escapes or absconds from custody or supervision
329 or if the sexual predator dies.
330 (c) If the sexual predator is in the custody of a local
331 jail, the custodian of the local jail shall register the sexual
332 predator within 3 business days after intake of the sexual
333 predator for any reason and upon release, and shall forward the
334 registration information to the department. The custodian of the
335 local jail shall also take a digitized photograph of the sexual
336 predator while the sexual predator remains in custody and shall
337 provide the digitized photograph to the department. The
338 custodian shall notify the department if the sexual predator
339 escapes from custody or dies.
340 (d) If the sexual predator is under federal supervision,
341 the federal agency responsible for supervising the sexual
342 predator may forward to the department any information regarding
343 the sexual predator which is consistent with the information
344 provided by the Department of Corrections under this section,
345 and may indicate whether use of the information is restricted to
346 law enforcement purposes only or may be used by the department
347 for purposes of public notification.
348 (e)1. If the sexual predator is not in the custody or
349 control of, or under the supervision of, the Department of
350 Corrections or is not in the custody of a private correctional
351 facility, the sexual predator shall register in person:
352 a. At the sheriff’s office in the county where he or she
353 establishes or maintains a residence within 48 hours after
354 establishing or maintaining a residence in this state; and
355 b. At the sheriff’s office in the county where he or she
356 was designated a sexual predator by the court within 48 hours
357 after such finding is made.
358 2. Any change in the sexual predator’s permanent or
359 temporary residence, name, vehicles owned, or any electronic
360 mail addresses, or Internet identifiers address and any instant
361 message name required to be provided pursuant to subparagraph
362 (g)5. (g)4., after the sexual predator registers in person at
363 the sheriff’s office as provided in subparagraph 1., must shall
364 be accomplished in the manner provided in paragraphs (g), (i),
365 and (j). When a sexual predator registers with the sheriff’s
366 office, the sheriff shall take a photograph, and a set of
367 fingerprints, and palm prints of the predator and forward the
368 photographs, palm prints, and fingerprints to the department,
369 along with the information that the predator is required to
370 provide pursuant to this section.
371 (f) Within 48 hours after the registration required under
372 paragraph (a) or paragraph (e), a sexual predator who is not
373 incarcerated and who resides in the community, including a
374 sexual predator under the supervision of the Department of
375 Corrections, shall register in person at a driver driver’s
376 license office of the Department of Highway Safety and Motor
377 Vehicles and shall present proof of registration. At the driver
378 driver’s license office the sexual predator shall:
379 1. If otherwise qualified, secure a Florida driver driver’s
380 license, renew a Florida driver driver’s license, or secure an
381 identification card. The sexual predator shall identify himself
382 or herself as a sexual predator who is required to comply with
383 this section, provide his or her place of permanent, temporary,
384 or transient residence, including a rural route address and a
385 post office box, and submit to the taking of a photograph for
386 use in issuing a driver driver’s license, renewed license, or
387 identification card, and for use by the department in
388 maintaining current records of sexual predators. A post office
389 box may shall not be provided in lieu of a physical residential
390 address. If the sexual predator’s place of residence is a motor
391 vehicle, trailer, mobile home, or manufactured home, as defined
392 in chapter 320, the sexual predator shall also provide to the
393 Department of Highway Safety and Motor Vehicles the vehicle
394 identification number; the license tag number; the registration
395 number; and a description, including color scheme, of the motor
396 vehicle, trailer, mobile home, or manufactured home. If a sexual
397 predator’s place of residence is a vessel, live-aboard vessel,
398 or houseboat, as defined in chapter 327, the sexual predator
399 shall also provide to the Department of Highway Safety and Motor
400 Vehicles the hull identification number; the manufacturer’s
401 serial number; the name of the vessel, live-aboard vessel, or
402 houseboat; the registration number; and a description, including
403 color scheme, of the vessel, live-aboard vessel, or houseboat.
404 2. Pay the costs assessed by the Department of Highway
405 Safety and Motor Vehicles for issuing or renewing a driver
406 driver’s license or identification card as required by this
407 section. The driver driver’s license or identification card
408 issued to the sexual predator must comply be in compliance with
409 s. 322.141(3).
410 3. Provide, upon request, any additional information
411 necessary to confirm the identity of the sexual predator,
412 including a set of fingerprints.
413 (g)1. Each time a sexual predator’s driver driver’s license
414 or identification card is subject to renewal, and, without
415 regard to the status of the predator’s driver driver’s license
416 or identification card, within 48 hours after any change of the
417 predator’s residence or change in the predator’s name by reason
418 of marriage or other legal process, the predator shall report in
419 person to a driver driver’s license office and is shall be
420 subject to the requirements specified in paragraph (f). The
421 Department of Highway Safety and Motor Vehicles shall forward to
422 the department and to the Department of Corrections all
423 photographs and information provided by sexual predators.
424 Notwithstanding the restrictions set forth in s. 322.142, the
425 Department of Highway Safety and Motor Vehicles may is
426 authorized to release a reproduction of a color-photograph or
427 digital-image license to the Department of Law Enforcement for
428 purposes of public notification of sexual predators as provided
429 in this section. A sexual predator who is unable to secure or
430 update a driver license or identification card with the
431 Department of Highway Safety and Motor Vehicles as provided in
432 paragraph (f) and this paragraph shall also report any change of
433 the predator’s residence or change in the predator’s name by
434 reason of marriage or other legal process within 48 hours after
435 the change to the sheriff’s office in the county where the
436 predator resides or is located and provide confirmation that he
437 or she reported such information to the Department of Highway
438 Safety and Motor Vehicles.
439 2.a. A sexual predator who vacates a permanent, temporary,
440 or transient residence and fails to establish or maintain
441 another permanent, temporary, or transient residence shall,
442 within 48 hours after vacating the permanent, temporary, or
443 transient residence, report in person to the sheriff’s office of
444 the county in which he or she is located. The sexual predator
445 shall specify the date upon which he or she intends to or did
446 vacate such residence. The sexual predator shall must provide or
447 update all of the registration information required under
448 paragraph (a). The sexual predator shall must provide an address
449 for the residence or other place that he or she is or will be
450 located during the time in which he or she fails to establish or
451 maintain a permanent or temporary residence.
452 b. A sexual predator shall report in person at the
453 sheriff’s office in the county in which he or she is located
454 within 48 hours after establishing a transient residence and
455 thereafter must report in person every 30 days to the sheriff’s
456 office in the county in which he or she is located while
457 maintaining a transient residence. The sexual predator must
458 provide the addresses and locations where he or she maintains a
459 transient residence. Each sheriff’s office shall establish
460 procedures for reporting transient residence information and
461 provide notice to transient registrants to report transient
462 residence information as required in this sub-subparagraph.
463 Reporting to the sheriff’s office as required by this sub
464 subparagraph does not exempt registrants from any reregistration
465 requirement. The sheriff may coordinate and enter into
466 agreements with police departments and other governmental
467 entities to facilitate additional reporting sites for transient
468 residence registration required in this sub-subparagraph. The
469 sheriff’s office shall, within 2 business days, electronically
470 submit and update all information provided by the sexual
471 predator to the department.
472 3. A sexual predator who remains at a permanent, temporary,
473 or transient residence after reporting his or her intent to
474 vacate such residence shall, within 48 hours after the date upon
475 which the predator indicated he or she would or did vacate such
476 residence, report in person to the sheriff’s office to which he
477 or she reported pursuant to subparagraph 2. for the purpose of
478 reporting his or her address at such residence. When the sheriff
479 receives the report, the sheriff shall promptly convey the
480 information to the department. An offender who makes a report as
481 required under subparagraph 2. but fails to make a report as
482 required under this subparagraph commits a felony of the second
483 degree, punishable as provided in s. 775.082, s. 775.083, or s.
484 775.084.
485 4. The failure of a sexual predator who maintains a
486 transient residence to report in person to the sheriff’s office
487 every 30 days as required by sub-subparagraph (g)2.b. is
488 punishable as provided in subsection (10).
489 5.4. A sexual predator shall must register all any
490 electronic mail addresses and Internet identifiers address or
491 instant message name with the department before prior to using
492 such electronic mail addresses and Internet identifiers address
493 or instant message name on or after October 1, 2007. The
494 department shall establish an online system through which sexual
495 predators may securely access and update all electronic mail
496 address and Internet identifier instant message name
497 information.
498 (h) The department shall must notify the sheriff and the
499 state attorney of the county and, if applicable, the police
500 chief of the municipality, where the sexual predator maintains a
501 residence.
502 (i) A sexual predator who intends to establish a permanent,
503 temporary, or transient residence in another state or
504 jurisdiction other than the State of Florida shall report in
505 person to the sheriff of the county of current residence within
506 48 hours before the date he or she intends to leave this state
507 to establish residence in another state or jurisdiction or
508 within 21 days before his or her planned departure date if the
509 intended residence of 5 days or more is outside of the United
510 States. The sexual predator shall must provide to the sheriff
511 the address, municipality, county, and state, and country of
512 intended residence. The sheriff shall promptly provide to the
513 department the information received from the sexual predator.
514 The department shall notify the statewide law enforcement
515 agency, or a comparable agency, in the intended state, or
516 jurisdiction, or country of residence of the sexual predator’s
517 intended residence. The failure of a sexual predator to provide
518 his or her intended place of residence is punishable as provided
519 in subsection (10).
520 (j) A sexual predator who indicates his or her intent to
521 establish a permanent, temporary, or transient residence in
522 another state, a or jurisdiction other than the State of
523 Florida, or another country and later decides to remain in this
524 state shall, within 48 hours after the date upon which the
525 sexual predator indicated he or she would leave this state,
526 report in person to the sheriff to which the sexual predator
527 reported the intended change of residence, and report his or her
528 intent to remain in this state. If the sheriff is notified by
529 the sexual predator that he or she intends to remain in this
530 state, the sheriff shall promptly report this information to the
531 department. A sexual predator who reports his or her intent to
532 establish a permanent, temporary, or transient residence in
533 another state, a or jurisdiction other than the State of
534 Florida, or another country, but who remains in this state
535 without reporting to the sheriff in the manner required by this
536 paragraph, commits a felony of the second degree, punishable as
537 provided in s. 775.082, s. 775.083, or s. 775.084.
538 (k)1. The department is responsible for the online
539 maintenance of current information regarding each registered
540 sexual predator. The department shall must maintain hotline
541 access for state, local, and federal law enforcement agencies to
542 obtain instantaneous locator file and offender characteristics
543 information on all released registered sexual predators for
544 purposes of monitoring, tracking, and prosecution. The
545 photograph, palm prints, and fingerprints do not have to be
546 stored in a computerized format.
547 2. The department’s sexual predator registration list,
548 containing the information described in subparagraph (a)1., is a
549 public record. The department may is authorized to disseminate
550 this public information by any means deemed appropriate,
551 including operating a toll-free telephone number for this
552 purpose. When the department provides information regarding a
553 registered sexual predator to the public, department personnel
554 shall must advise the person making the inquiry that positive
555 identification of a person believed to be a sexual predator
556 cannot be established unless a fingerprint comparison is made,
557 and that it is illegal to use public information regarding a
558 registered sexual predator to facilitate the commission of a
559 crime.
560 3. The department shall adopt guidelines as necessary
561 regarding the registration of sexual predators and the
562 dissemination of information regarding sexual predators as
563 required by this section.
564 (l) A sexual predator shall must maintain registration with
565 the department for the duration of his or her life, unless the
566 sexual predator has received a full pardon or has had a
567 conviction set aside in a postconviction proceeding for any
568 offense that met the criteria for the sexual predator
569 designation.
570 (8) VERIFICATION.—The department and the Department of
571 Corrections shall implement a system for verifying the addresses
572 of sexual predators. The system must be consistent with the
573 provisions of the federal Adam Walsh Child Protection and Safety
574 Act of 2006 and any other federal standards applicable to such
575 verification or required to be met as a condition for the
576 receipt of federal funds by the state. The Department of
577 Corrections shall verify the addresses of sexual predators who
578 are not incarcerated but who reside in the community under the
579 supervision of the Department of Corrections and shall report to
580 the department any failure by a sexual predator to comply with
581 registration requirements. County and local law enforcement
582 agencies, in conjunction with the department, shall verify the
583 addresses of sexual predators who are not under the care,
584 custody, control, or supervision of the Department of
585 Corrections, and may verify the addresses of sexual predators
586 who are under the care, custody, control, or supervision of the
587 Department of Corrections. Local law enforcement agencies shall
588 report to the department any failure by a sexual predator to
589 comply with registration requirements.
590 (a) A sexual predator shall must report in person each year
591 during the month of the sexual predator’s birthday and during
592 every third month thereafter to the sheriff’s office in the
593 county in which he or she resides or is otherwise located to
594 reregister. The sheriff’s office may determine the appropriate
595 times and days for reporting by the sexual predator, which must
596 shall be consistent with the reporting requirements of this
597 paragraph. Reregistration must shall include any changes to the
598 following information:
599 1. Name; social security number; age; race; sex; date of
600 birth; height; weight; tattoos or other identifying marks; hair
601 and eye color; address of any permanent residence and address of
602 any current temporary residence, within the state or out of
603 state, including a rural route address and a post office box; if
604 no permanent or temporary address, any transient residence
605 within the state; address, location or description, and dates of
606 any current or known future temporary residence within the state
607 or out of state; all any electronic mail addresses or Internet
608 identifiers address and any instant message name required to be
609 provided pursuant to subparagraph (6)(g)5. (6)(g)4.; all home
610 telephone numbers and number and any cellular telephone numbers
611 number; date and place of any employment; the vehicle make,
612 model, color, vehicle identification number (VIN), and license
613 tag number of all vehicles owned; fingerprints; palm prints; and
614 photograph. A post office box may shall not be provided in lieu
615 of a physical residential address. The sexual predator shall
616 also produce his or her passport, if he or she has a passport,
617 and, if he or she is an alien, shall produce or provide
618 information about documents establishing his or her immigration
619 status. The sexual predator shall also provide information about
620 any professional licenses he or she has.
621 2. If the sexual predator is enrolled, employed,
622 volunteering, or carrying on a vocation at an institution of
623 higher education in this state, the sexual predator shall also
624 provide to the department the name, address, and county of each
625 institution, including each campus attended, and the sexual
626 predator’s enrollment, volunteer, or employment status.
627 3. If the sexual predator’s place of residence is a motor
628 vehicle, trailer, mobile home, or manufactured home, as defined
629 in chapter 320, the sexual predator shall also provide the
630 vehicle identification number; the license tag number; the
631 registration number; and a description, including color scheme,
632 of the motor vehicle, trailer, mobile home, or manufactured
633 home. If the sexual predator’s place of residence is a vessel,
634 live-aboard vessel, or houseboat, as defined in chapter 327, the
635 sexual predator shall also provide the hull identification
636 number; the manufacturer’s serial number; the name of the
637 vessel, live-aboard vessel, or houseboat; the registration
638 number; and a description, including color scheme, of the
639 vessel, live-aboard vessel, or houseboat.
640 (b) The sheriff’s office shall, within 2 working days,
641 electronically submit and update all information provided by the
642 sexual predator to the department in a manner prescribed by the
643 department.
644 (10) PENALTIES.—
645 (a) Except as otherwise specifically provided, a sexual
646 predator who fails to register; who fails, after registration,
647 to maintain, acquire, or renew a driver driver’s license or
648 identification card; who fails to provide required location
649 information, electronic mail address information before use,
650 Internet identifier instant message name information before use,
651 all home telephone numbers number and any cellular telephone
652 numbers number, or change-of-name information; who fails to make
653 a required report in connection with vacating a permanent
654 residence; who fails to reregister as required; who fails to
655 respond to any address verification correspondence from the
656 department within 3 weeks of the date of the correspondence; who
657 knowingly provides false registration information by act or
658 omission; or who otherwise fails, by act or omission, to comply
659 with the requirements of this section, commits a felony of the
660 third degree, punishable as provided in s. 775.082, s. 775.083,
661 or s. 775.084.
662 (d) A sexual predator who commits any act or omission in
663 violation of this section may be prosecuted for the act or
664 omission in the county in which the act or omission was
665 committed, the county of the last registered address of the
666 sexual predator, or the county in which the conviction occurred
667 for the offense or offenses that meet the criteria for
668 designating a person as a sexual predator, in the county where
669 the sexual predator was released from incarceration, or in the
670 county of the intended address of the sexual predator as
671 reported by the predator prior to his or her release from
672 incarceration. In addition, a sexual predator may be prosecuted
673 for any such act or omission in the county in which he or she
674 was designated a sexual predator.
675 Section 3. Section 775.25, Florida Statutes, is amended to
676 read:
677 775.25 Prosecutions for acts or omissions.—A sexual
678 predator or sexual offender who commits any act or omission in
679 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
680 944.607, or former s. 947.177 may be prosecuted for the act or
681 omission in the county in which the act or omission was
682 committed, the county of the last registered address of the
683 sexual predator or sexual offender, or the county in which the
684 conviction occurred for the offense or offenses that meet the
685 criteria for designating a person as a sexual predator or sexual
686 offender, in the county where the sexual predator or sexual
687 offender was released from incarceration, or in the county of
688 the intended address of the sexual predator or sexual offender
689 as reported by the predator or offender prior to his or her
690 release from incarceration. In addition, a sexual predator may
691 be prosecuted for any such act or omission in the county in
692 which he or she was designated a sexual predator.
693 Section 4. Subsection (1) of section 943.043, Florida
694 Statutes, is amended to read:
695 943.043 Toll-free telephone number; Internet notification;
696 sexual predator and sexual offender information.—
697 (1) The department may notify the public through the
698 Internet of any information regarding sexual predators and
699 sexual offenders which is not confidential and exempt from
700 public disclosure under s. 119.07(1) and s. 24(a), Art. I of the
701 State Constitution. The department shall determine what
702 information shall be made available to the public through the
703 Internet. However, the department may not display on or
704 disseminate through the Internet public registry maintained by
705 the department any information regarding a vehicle that is owned
706 by a person who is not required to register as a sexual predator
707 or sexual offender.
708 Section 5. Paragraphs (a) and (g) of subsection (1),
709 subsections (2), (4), (6), (7), and (8), paragraph (b) of
710 subsection (9), subsection (11), and paragraphs (b) and (c) of
711 subsection (14) of section 943.0435, Florida Statutes, are
712 amended, and paragraph (h) is added to subsection (1) of that
713 section, to read:
714 943.0435 Sexual offenders required to register with the
715 department; penalty.—
716 (1) As used in this section, the term:
717 (a)1. “Sexual offender” means a person who meets the
718 criteria in sub-subparagraph a., sub-subparagraph b., sub
719 subparagraph c., or sub-subparagraph d., as follows:
720 a.(I) Has been convicted of committing, or attempting,
721 soliciting, or conspiring to commit, any of the criminal
722 offenses proscribed in the following statutes in this state or
723 similar offenses in another jurisdiction: s. 393.135(2); s.
724 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
725 the victim is a minor and the defendant is not the victim’s
726 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
727 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
728 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
729 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
730 847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any
731 similar offense committed in this state which has been
732 redesignated from a former statute number to one of those listed
733 in this sub-sub-subparagraph; and
734 (II) Has been released on or after October 1, 1997, from
735 the sanction imposed for any conviction of an offense described
736 in sub-sub-subparagraph (I). For purposes of sub-sub
737 subparagraph (I), a sanction imposed in this state or in any
738 other jurisdiction includes, but is not limited to, a fine,
739 probation, community control, parole, conditional release,
740 control release, or incarceration in a state prison, federal
741 prison, private correctional facility, or local detention
742 facility;
743 b. Establishes or maintains a residence in this state and
744 who has not been designated as a sexual predator by a court of
745 this state but who has been designated as a sexual predator, as
746 a sexually violent predator, or by another sexual offender
747 designation in another state or jurisdiction and was, as a
748 result of such designation, subjected to registration or
749 community or public notification, or both, or would be if the
750 person were a resident of that state or jurisdiction, without
751 regard to whether the person otherwise meets the criteria for
752 registration as a sexual offender;
753 c. Establishes or maintains a residence in this state who
754 is in the custody or control of, or under the supervision of,
755 any other state or jurisdiction as a result of a conviction for
756 committing, or attempting, soliciting, or conspiring to commit,
757 any of the criminal offenses proscribed in the following
758 statutes or similar offense in another jurisdiction: s.
759 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
760 787.025(2)(c), where the victim is a minor and the defendant is
761 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
762 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
763 796.03; s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
764 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
765 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
766 985.701(1); or any similar offense committed in this state which
767 has been redesignated from a former statute number to one of
768 those listed in this sub-subparagraph; or
769 d. On or after July 1, 2007, has been adjudicated
770 delinquent for committing, or attempting, soliciting, or
771 conspiring to commit, any of the criminal offenses proscribed in
772 the following statutes in this state or similar offenses in
773 another jurisdiction when the juvenile was 14 years of age or
774 older at the time of the offense:
775 (I) Section 794.011, excluding s. 794.011(10);
776 (II) Section 800.04(4)(b) where the victim is under 12
777 years of age or where the court finds sexual activity by the use
778 of force or coercion;
779 (III) Section 800.04(5)(c)1. where the court finds
780 molestation involving unclothed genitals; or
781 (IV) Section 800.04(5)(d) where the court finds the use of
782 force or coercion and unclothed genitals.
783 2. For all qualifying offenses listed in sub-subparagraph
784 (1)(a)1.d., the court shall make a written finding of the age of
785 the offender at the time of the offense.
786
787 For each violation of a qualifying offense listed in this
788 subsection, except for a violation of s. 794.011, the court
789 shall make a written finding of the age of the victim at the
790 time of the offense. For a violation of s. 800.04(4), the court
791 shall also additionally make a written finding indicating
792 whether that the offense involved did or did not involve sexual
793 activity and indicating whether that the offense involved did or
794 did not involve force or coercion. For a violation of s.
795 800.04(5), the court shall also additionally make a written
796 finding that the offense did or did not involve unclothed
797 genitals or genital area and that the offense did or did not
798 involve the use of force or coercion.
799 (g) “Internet identifier Instant message name” has the same
800 meaning as provided in s. 775.21 means an identifier that allows
801 a person to communicate in real time with another person using
802 the Internet.
803 (h) “Vehicles owned” has the same meaning as provided in s.
804 775.21.
805 (2) A sexual offender shall:
806 (a) Report in person at the sheriff’s office:
807 1. In the county in which the offender establishes or
808 maintains a permanent, temporary, or transient residence within
809 48 hours after:
810 a. Establishing permanent, temporary, or transient
811 residence in this state; or
812 b. Being released from the custody, control, or supervision
813 of the Department of Corrections or from the custody of a
814 private correctional facility; or
815 2. In the county where he or she was convicted within 48
816 hours after being convicted for a qualifying offense for
817 registration under this section if the offender is not in the
818 custody or control of, or under the supervision of, the
819 Department of Corrections, or is not in the custody of a private
820 correctional facility.
821
822 Any change in the information required to be provided pursuant
823 to paragraph (b), including, but not limited to, any change in
824 the sexual offender’s permanent, temporary, or transient
825 residence, name, any electronic mail addresses, or Internet
826 identifiers address and any instant message name required to be
827 provided pursuant to paragraph (4)(e) (4)(d), after the sexual
828 offender reports in person at the sheriff’s office, must shall
829 be accomplished in the manner provided in subsections (4), (7),
830 and (8).
831 (b) Provide his or her name; date of birth; social security
832 number; race; sex; height; weight; hair and eye color; tattoos
833 or other identifying marks; fingerprints; palm prints;
834 photograph; occupation and place of employment; address of
835 permanent or legal residence or address of any current temporary
836 residence, within the state or out of state, including a rural
837 route address and a post office box; if no permanent or
838 temporary address, any transient residence within the state,
839 address, location or description, and dates of any current or
840 known future temporary residence within the state or out of
841 state; the make, model, color, vehicle identification number
842 (VIN), and license tag number of all vehicles owned; all home
843 telephone numbers number and any cellular telephone numbers
844 number; all any electronic mail addresses address and all
845 Internet identifiers any instant message name required to be
846 provided pursuant to paragraph (4)(e) (4)(d); date and place of
847 each conviction; and a brief description of the crime or crimes
848 committed by the offender. A post office box may shall not be
849 provided in lieu of a physical residential address. The sexual
850 offender shall also produce his or her passport, if he or she
851 has a passport, and, if he or she is an alien, shall produce or
852 provide information about documents establishing his or her
853 immigration status. The sexual offender shall also provide
854 information about any professional licenses he or she has.
855 1. If the sexual offender’s place of residence is a motor
856 vehicle, trailer, mobile home, or manufactured home, as defined
857 in chapter 320, the sexual offender shall also provide to the
858 department through the sheriff’s office written notice of the
859 vehicle identification number; the license tag number; the
860 registration number; and a description, including color scheme,
861 of the motor vehicle, trailer, mobile home, or manufactured
862 home. If the sexual offender’s place of residence is a vessel,
863 live-aboard vessel, or houseboat, as defined in chapter 327, the
864 sexual offender shall also provide to the department written
865 notice of the hull identification number; the manufacturer’s
866 serial number; the name of the vessel, live-aboard vessel, or
867 houseboat; the registration number; and a description, including
868 color scheme, of the vessel, live-aboard vessel, or houseboat.
869 2. If the sexual offender is enrolled, employed,
870 volunteering, or carrying on a vocation at an institution of
871 higher education in this state, the sexual offender shall also
872 provide to the department through the sheriff’s office the name,
873 address, and county of each institution, including each campus
874 attended, and the sexual offender’s enrollment, volunteer, or
875 employment status. Each change in enrollment, volunteer, or
876 employment status must shall be reported in person at the
877 sheriff’s office, within 48 hours after any change in status.
878 The sheriff shall promptly notify each institution of the sexual
879 offender’s presence and any change in the sexual offender’s
880 enrollment, volunteer, or employment status.
881 3. A sexual offender shall report in person to the
882 sheriff’s office within 48 hours after any change in vehicles
883 owned to report those vehicle information changes.
884 (c) Provide any other information determined necessary by
885 the department, including criminal and corrections records;
886 nonprivileged personnel and treatment records; and evidentiary
887 genetic markers, when available.
888
889 When a sexual offender reports at the sheriff’s office, the
890 sheriff shall take a photograph, and a set of fingerprints, and
891 palm prints of the offender and forward the photographs, palm
892 prints, and fingerprints to the department, along with the
893 information provided by the sexual offender. The sheriff shall
894 promptly provide to the department the information received from
895 the sexual offender.
896 (4)(a) Each time a sexual offender’s driver driver’s
897 license or identification card is subject to renewal, and,
898 without regard to the status of the offender’s driver driver’s
899 license or identification card, within 48 hours after any change
900 in the offender’s permanent, temporary, or transient residence
901 or change in the offender’s name by reason of marriage or other
902 legal process, the offender shall report in person to a driver
903 driver’s license office, and is shall be subject to the
904 requirements specified in subsection (3). The Department of
905 Highway Safety and Motor Vehicles shall forward to the
906 department all photographs and information provided by sexual
907 offenders. Notwithstanding the restrictions set forth in s.
908 322.142, the Department of Highway Safety and Motor Vehicles may
909 is authorized to release a reproduction of a color-photograph or
910 digital-image license to the Department of Law Enforcement for
911 purposes of public notification of sexual offenders as provided
912 in this section and ss. 943.043 and 944.606. A sexual offender
913 who is unable to secure or update a driver license or
914 identification card with the Department of Highway Safety and
915 Motor Vehicles as provided in subsection (3) and this subsection
916 shall also report any change in the sexual offender’s permanent,
917 temporary, or transient residence or change in the offender’s
918 name by reason of marriage or other legal process within 48
919 hours after the change to the sheriff’s office in the county
920 where the offender resides or is located and provide
921 confirmation that he or she reported such information to the
922 Department of Highway Safety and Motor Vehicles.
923 (b)1. A sexual offender who vacates a permanent, temporary,
924 or transient residence and fails to establish or maintain
925 another permanent, temporary, or transient residence shall,
926 within 48 hours after vacating the permanent, temporary, or
927 transient residence, report in person to the sheriff’s office of
928 the county in which he or she is located. The sexual offender
929 shall specify the date upon which he or she intends to or did
930 vacate such residence. The sexual offender must provide or
931 update all of the registration information required under
932 paragraph (2)(b). The sexual offender must provide an address
933 for the residence or other place that he or she is or will be
934 located during the time in which he or she fails to establish or
935 maintain a permanent or temporary residence.
936 2. A sexual offender shall report in person at the
937 sheriff’s office in the county in which he or she is located
938 within 48 hours after establishing a transient residence and
939 thereafter must report in person every 30 days to the sheriff’s
940 office in the county in which he or she is located while
941 maintaining a transient residence. The sexual offender must
942 provide the addresses and locations where he or she maintains a
943 transient residence. Each sheriff’s office shall establish
944 procedures for reporting transient residence information and
945 provide notice to transient registrants to report transient
946 residence information as required in this subparagraph.
947 Reporting to the sheriff’s office as required by this
948 subparagraph does not exempt registrants from any reregistration
949 requirement. The sheriff may coordinate and enter into
950 agreements with police departments and other governmental
951 entities to facilitate additional reporting sites for transient
952 residence registration required in this subparagraph. The
953 sheriff’s office shall, within 2 business days, electronically
954 submit and update all information provided by the sexual
955 offender to the department.
956 (c) A sexual offender who remains at a permanent,
957 temporary, or transient residence after reporting his or her
958 intent to vacate such residence shall, within 48 hours after the
959 date upon which the offender indicated he or she would or did
960 vacate such residence, report in person to the agency to which
961 he or she reported pursuant to paragraph (b) for the purpose of
962 reporting his or her address at such residence. When the sheriff
963 receives the report, the sheriff shall promptly convey the
964 information to the department. An offender who makes a report as
965 required under paragraph (b) but fails to make a report as
966 required under this paragraph commits a felony of the second
967 degree, punishable as provided in s. 775.082, s. 775.083, or s.
968 775.084.
969 (d) The failure of a sexual offender who maintains a
970 transient residence to report in person to the sheriff’s office
971 every 30 days as required in subparagraph (b)2. is punishable as
972 provided in subsection (9).
973 (e)(d) A sexual offender shall must register all any
974 electronic mail addresses and Internet identifiers address or
975 instant message name with the department before using such
976 electronic mail addresses and Internet identifiers address or
977 instant message name. The department shall establish an online
978 system through which sexual offenders may securely access and
979 update all electronic mail address and Internet identifier
980 instant message name information.
981 (6) County and local law enforcement agencies, in
982 conjunction with the department, shall verify the addresses of
983 sexual offenders who are not under the care, custody, control,
984 or supervision of the Department of Corrections, and may verify
985 the addresses of sexual offenders who are under the care,
986 custody, control, or supervision of the Department of
987 Corrections, in a manner that is consistent with the provisions
988 of the federal Adam Walsh Child Protection and Safety Act of
989 2006 and any other federal standards applicable to such
990 verification or required to be met as a condition for the
991 receipt of federal funds by the state. Local law enforcement
992 agencies shall report to the department any failure by a sexual
993 offender to comply with registration requirements.
994 (7) A sexual offender who intends to establish a permanent,
995 temporary, or transient residence in another state or
996 jurisdiction other than the State of Florida shall report in
997 person to the sheriff of the county of current residence within
998 48 hours before the date he or she intends to leave this state
999 to establish residence in another state or jurisdiction or
1000 within 21 days before his or her planned departure date if the
1001 intended residence of 5 days or more is outside of the United
1002 States. The notification must include the address, municipality,
1003 county, and state, and country of intended residence. The
1004 sheriff shall promptly provide to the department the information
1005 received from the sexual offender. The department shall notify
1006 the statewide law enforcement agency, or a comparable agency, in
1007 the intended state, or jurisdiction, or country of residence of
1008 the sexual offender’s intended residence. The failure of a
1009 sexual offender to provide his or her intended place of
1010 residence is punishable as provided in subsection (9).
1011 (8) A sexual offender who indicates his or her intent to
1012 establish a permanent, temporary, or transient residence in
1013 another state, a or jurisdiction other than the State of
1014 Florida, or another country and later decides to remain in this
1015 state shall, within 48 hours after the date upon which the
1016 sexual offender indicated he or she would leave this state,
1017 report in person to the sheriff to which the sexual offender
1018 reported the intended change of permanent, temporary, or
1019 transient residence, and report his or her intent to remain in
1020 this state. The sheriff shall promptly report this information
1021 to the department. A sexual offender who reports his or her
1022 intent to establish a permanent, temporary, or transient
1023 residence in another state, a or jurisdiction other than the
1024 State of Florida, or another country but who remains in this
1025 state without reporting to the sheriff in the manner required by
1026 this subsection commits a felony of the second degree,
1027 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1028 (9)(a) A sexual offender who does not comply with the
1029 requirements of this section commits a felony of the third
1030 degree, punishable as provided in s. 775.082, s. 775.083, or s.
1031 775.084.
1032 (b) A sexual offender who commits any act or omission in
1033 violation of this section may be prosecuted for the act or
1034 omission in the county in which the act or omission was
1035 committed, the county of the last registered address of the
1036 sexual offender, or the county in which the conviction occurred
1037 for the offense or offenses that meet the criteria for
1038 designating a person as a sexual offender, in the county where
1039 the sexual offender was released from incarceration, or in the
1040 county of the intended address of the sexual offender as
1041 reported by the offender prior to his or her release from
1042 incarceration.
1043 (c) An arrest on charges of failure to register when the
1044 offender has been provided and advised of his or her statutory
1045 obligations to register under subsection (2), the service of an
1046 information or a complaint for a violation of this section, or
1047 an arraignment on charges for a violation of this section
1048 constitutes actual notice of the duty to register. A sexual
1049 offender’s failure to immediately register as required by this
1050 section following such arrest, service, or arraignment
1051 constitutes grounds for a subsequent charge of failure to
1052 register. A sexual offender charged with the crime of failure to
1053 register who asserts, or intends to assert, a lack of notice of
1054 the duty to register as a defense to a charge of failure to
1055 register shall immediately register as required by this section.
1056 A sexual offender who is charged with a subsequent failure to
1057 register may not assert the defense of a lack of notice of the
1058 duty to register.
1059 (11) Except as provided in s. 943.04354, a sexual offender
1060 shall must maintain registration with the department for the
1061 duration of his or her life, unless the sexual offender has
1062 received a full pardon or has had a conviction set aside in a
1063 postconviction proceeding for any offense that meets the
1064 criteria for classifying the person as a sexual offender for
1065 purposes of registration. However, a sexual offender:
1066 (a)1. Who has been lawfully released from confinement,
1067 supervision, or sanction, whichever is later, for at least 25
1068 years and has not been arrested for any felony or misdemeanor
1069 offense since release, provided that the sexual offender’s
1070 requirement to register was not based upon an adult conviction:
1071 a. For a violation of s. 787.01 or s. 787.02;
1072 b. For a violation of s. 794.011, excluding s. 794.011(10);
1073 c. For a violation of s. 800.04(4)(b) where the court finds
1074 the offense involved a victim under 12 years of age or sexual
1075 activity by the use of force or coercion;
1076 d. For a violation of s. 800.04(5)(b);
1077 e. For a violation of s. 800.04(5)(c)2. s. 800.04(5)c.2.
1078 where the court finds the offense involved the use of force or
1079 coercion and unclothed genitals or genital area;
1080 f. For any attempt or conspiracy to commit any such
1081 offense; or
1082 g. For a violation of similar law of another jurisdiction;
1083 or
1084 h. For a violation of a similar offense committed in this
1085 state which has been redesignated from a former statute number
1086 to one of those listed in this subparagraph,
1087
1088 may petition the criminal division of the circuit court of the
1089 circuit where the conviction or adjudication occurred in which
1090 the sexual offender resides for the purpose of removing the
1091 requirement for registration as a sexual offender.
1092 2. The court may grant or deny relief if the offender
1093 demonstrates to the court that he or she has not been arrested
1094 for any crime since release; the requested relief complies with
1095 the provisions of the federal Adam Walsh Child Protection and
1096 Safety Act of 2006 and any other federal standards applicable to
1097 the removal of registration requirements for a sexual offender
1098 or required to be met as a condition for the receipt of federal
1099 funds by the state; and the court is otherwise satisfied that
1100 the offender is not a current or potential threat to public
1101 safety. The state attorney in the circuit in which the petition
1102 is filed must be given notice of the petition at least 3 weeks
1103 before the hearing on the matter. The state attorney may present
1104 evidence in opposition to the requested relief or may otherwise
1105 demonstrate the reasons why the petition should be denied. If
1106 the court denies the petition, the court may set a future date
1107 at which the sexual offender may again petition the court for
1108 relief, subject to the standards for relief provided in this
1109 subsection.
1110 3. The department shall remove an offender from
1111 classification as a sexual offender for purposes of registration
1112 if the offender provides to the department a certified copy of
1113 the court’s written findings or order that indicates that the
1114 offender is no longer required to comply with the requirements
1115 for registration as a sexual offender.
1116 4. For purposes of this paragraph:
1117 a. The registration period of a sexual offender sentenced
1118 to a term of incarceration or committed to a residential program
1119 begins upon the offender’s release from incarceration or
1120 commitment for the most recent conviction that required the
1121 offender to register.
1122 b. A sexual offender’s registration period is tolled during
1123 any period in which the offender is incarcerated, civilly
1124 committed, detained pursuant to chapter 985, or committed to a
1125 residential program.
1126 c. Except as provided in sub-subparagraph e., if the sexual
1127 offender is only sentenced to a term of supervision for the most
1128 recent conviction that required the offender to register as a
1129 sexual offender or is only subject to a period of supervision
1130 for that conviction, the registration period begins when the
1131 term or period of supervision for that conviction begins.
1132 d. Except as provided in sub-subparagraph e., if the sexual
1133 offender is sentenced to a term of supervision that follows a
1134 term of incarceration for the most recent conviction that
1135 required the offender to register as a sexual offender or is
1136 subject to a period of supervision that follows commitment to a
1137 residential program for that conviction, the registration period
1138 begins when the term or period of supervision for that
1139 conviction begins.
1140 e. If a sexual offender is sentenced to a term of more than
1141 25 years’ supervision for the most recent conviction that
1142 required the offender to register as a sexual offender, the
1143 sexual offender may not petition for removal of the requirement
1144 for registration as a sexual offender until the term of
1145 supervision for that conviction is completed.
1146 (b) As defined in sub-subparagraph (1)(a)1.b. must maintain
1147 registration with the department for the duration of his or her
1148 life until the person provides the department with an order
1149 issued by the court that designated the person as a sexual
1150 predator, as a sexually violent predator, or by another sexual
1151 offender designation in the state or jurisdiction in which the
1152 order was issued which states that such designation has been
1153 removed or demonstrates to the department that such designation,
1154 if not imposed by a court, has been removed by operation of law
1155 or court order in the state or jurisdiction in which the
1156 designation was made, and provided such person no longer meets
1157 the criteria for registration as a sexual offender under the
1158 laws of this state.
1159 (14)
1160 (b) However, a sexual offender who is required to register
1161 as a result of a conviction for:
1162 1. Section 787.01 or s. 787.02 where the victim is a minor
1163 and the offender is not the victim’s parent or guardian;
1164 2. Section 794.011, excluding s. 794.011(10);
1165 3. Section 800.04(4)(b) where the court finds the offense
1166 involved a victim under 12 years of age or sexual activity by
1167 the use of force or coercion;
1168 4. Section 800.04(5)(b);
1169 5. Section 800.04(5)(c)1. where the court finds molestation
1170 involving unclothed genitals or genital area;
1171 6. Section 800.04(5)(c)2. 800.04(5)c.2. where the court
1172 finds molestation involving the use of force or coercion and
1173 unclothed genitals or genital area;
1174 7. Section 800.04(5)(d) where the court finds the use of
1175 force or coercion and unclothed genitals or genital area;
1176 8. Any attempt or conspiracy to commit such offense; or
1177 9. A violation of a similar law of another jurisdiction; or
1178 10. A violation of a similar offense committed in this
1179 state which has been redesignated from a former statute number
1180 to one of those listed in this paragraph,
1181
1182 must reregister each year during the month of the sexual
1183 offender’s birthday and every third month thereafter.
1184 (c) The sheriff’s office may determine the appropriate
1185 times and days for reporting by the sexual offender, which must
1186 shall be consistent with the reporting requirements of this
1187 subsection. Reregistration must shall include any changes to the
1188 following information:
1189 1. Name; social security number; age; race; sex; date of
1190 birth; height; weight; tattoos or other identifying marks; hair
1191 and eye color; address of any permanent residence and address of
1192 any current temporary residence, within the state or out of
1193 state, including a rural route address and a post office box; if
1194 no permanent or temporary address, any transient residence
1195 within the state; address, location or description, and dates of
1196 any current or known future temporary residence within the state
1197 or out of state; all any electronic mail addresses or Internet
1198 identifiers address and any instant message name required to be
1199 provided pursuant to paragraph (4)(e) (4)(d); all home telephone
1200 numbers and number and any cellular telephone numbers number;
1201 date and place of any employment; the vehicle make, model,
1202 color, vehicle identification number (VIN), and license tag
1203 number of all vehicles owned; fingerprints; palm prints; and
1204 photograph. A post office box may shall not be provided in lieu
1205 of a physical residential address. The sexual offender shall
1206 also produce his or her passport, if he or she has a passport,
1207 and, if he or she is an alien, shall produce or provide
1208 information about documents establishing his or her immigration
1209 status. The sexual offender shall also provide information about
1210 any professional licenses he or she has.
1211 2. If the sexual offender is enrolled, volunteering,
1212 employed, or carrying on a vocation at an institution of higher
1213 education in this state, the sexual offender shall also provide
1214 to the department the name, address, and county of each
1215 institution, including each campus attended, and the sexual
1216 offender’s enrollment, volunteer, or employment status.
1217 3. If the sexual offender’s place of residence is a motor
1218 vehicle, trailer, mobile home, or manufactured home, as defined
1219 in chapter 320, the sexual offender shall also provide the
1220 vehicle identification number; the license tag number; the
1221 registration number; and a description, including color scheme,
1222 of the motor vehicle, trailer, mobile home, or manufactured
1223 home. If the sexual offender’s place of residence is a vessel,
1224 live-aboard vessel, or houseboat, as defined in chapter 327, the
1225 sexual offender shall also provide the hull identification
1226 number; the manufacturer’s serial number; the name of the
1227 vessel, live-aboard vessel, or houseboat; the registration
1228 number; and a description, including color scheme, of the
1229 vessel, live-aboard vessel or houseboat.
1230 4. Any sexual offender who fails to report in person as
1231 required at the sheriff’s office, or who fails to respond to any
1232 address verification correspondence from the department within 3
1233 weeks of the date of the correspondence, or who fails to report
1234 all electronic mail addresses and all Internet identifiers prior
1235 to use or instant message names, or who knowingly provides false
1236 registration information by act or omission commits a felony of
1237 the third degree, punishable as provided in s. 775.082, s.
1238 775.083, or s. 775.084.
1239 Section 6. Section 943.04354, Florida Statutes, is amended
1240 to read:
1241 943.04354 Removal of the requirement to register as a
1242 sexual offender or sexual predator in special circumstances.—
1243 (1) For purposes of this section, a person shall be
1244 considered for removal of the requirement to register as a
1245 sexual offender or sexual predator only if the person:
1246 (a) Was or will be convicted, regardless of adjudication,
1247 or adjudicated delinquent of a violation of s. 794.011, s.
1248 800.04, s. 827.071, or s. 847.0135(5) or of a similar offense in
1249 another jurisdiction or the person committed a violation of s.
1250 794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
1251 adjudication of guilt was or will be withheld, and if the person
1252 does not have any other conviction, regardless of adjudication,
1253 or adjudication of delinquency, or withhold of adjudication of
1254 guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
1255 s. 847.0135(5) or for a similar offense in another jurisdiction;
1256 (b)1. Was convicted, regardless of adjudication, or
1257 adjudicated delinquent of an offense listed in paragraph (a) and
1258 is required to register as a sexual offender or sexual predator
1259 solely on the basis of this conviction or adjudication; or
1260 violation; and
1261 2. Was convicted, regardless of adjudication, or
1262 adjudicated delinquent of an offense in another jurisdiction
1263 which is similar to an offense listed in paragraph (a) and no
1264 longer meets the criteria for registration as a sexual offender
1265 or sexual predator under the laws of the jurisdiction in which
1266 the similar offense occurred; and
1267 (c) Is not more than 4 years older than the victim of this
1268 violation who was 13 14 years of age or older but younger not
1269 more than 18 17 years of age at the time the person committed
1270 this violation.
1271 (2) If a person meets the criteria in subsection (1) and
1272 the violation of s. 794.011, s. 800.04, s. 827.071, or s.
1273 847.0135(5) was committed on or after July 1, 2007, the person
1274 may move the criminal division of the circuit court of the
1275 circuit where the conviction or adjudication for the qualifying
1276 offense occurred court that will sentence or dispose of this
1277 violation to remove the requirement that the person register as
1278 a sexual offender or sexual predator. The person must allege in
1279 the motion that he or she meets the criteria in subsection (1)
1280 and that removal of the registration requirement will not
1281 conflict with federal law. A person convicted or adjudicated
1282 delinquent of an offense in another jurisdiction which is
1283 similar to an offense listed in paragraph (1)(a) must provide
1284 the court written confirmation that he or she is not required to
1285 register in the jurisdiction in which the conviction or
1286 adjudication occurred. The state attorney and the department
1287 must be given notice of the motion at least 21 days before the
1288 date of sentencing, or disposition of the this violation, or
1289 hearing on the motion and may present evidence in opposition to
1290 the requested relief or may otherwise demonstrate why the motion
1291 should be denied. At sentencing, or disposition of the this
1292 violation, or hearing on the motion, the court shall rule on the
1293 this motion, and, if the court determines the person meets the
1294 criteria in subsection (1) and the removal of the registration
1295 requirement will not conflict with federal law, it may grant the
1296 motion and order the removal of the registration requirement.
1297 The court shall instruct the person to provide the department a
1298 certified copy of the order granting relief. If the court denies
1299 the motion, the person is not authorized under this section to
1300 file another motion petition for removal of the registration
1301 requirement.
1302 (3)(a) This subsection applies to a person who:
1303 1. Is not a person described in subsection (2) because the
1304 violation of s. 794.011, s. 800.04, or s. 827.071 was not
1305 committed on or after July 1, 2007;
1306 2. Is subject to registration as a sexual offender or
1307 sexual predator for a violation of s. 794.011, s. 800.04, or s.
1308 827.071; and
1309 3. Meets the criteria in subsection (1).
1310 (b) A person may petition the court in which the sentence
1311 or disposition for the violation of s. 794.011, s. 800.04, or s.
1312 827.071 occurred for removal of the requirement to register as a
1313 sexual offender or sexual predator. The person must allege in
1314 the petition that he or she meets the criteria in subsection (1)
1315 and removal of the registration requirement will not conflict
1316 with federal law. The state attorney must be given notice of the
1317 petition at least 21 days before the hearing on the petition and
1318 may present evidence in opposition to the requested relief or
1319 may otherwise demonstrate why the petition should be denied. The
1320 court shall rule on the petition and, if the court determines
1321 the person meets the criteria in subsection (1) and removal of
1322 the registration requirement will not conflict with federal law,
1323 it may grant the petition and order the removal of the
1324 registration requirement. If the court denies the petition, the
1325 person is not authorized under this section to file any further
1326 petition for removal of the registration requirement.
1327 (3)(4) If a person provides to the Department of Law
1328 Enforcement a certified copy of the court’s order removing the
1329 requirement that the person register as a sexual offender or
1330 sexual predator for the violation of s. 794.011, s. 800.04, s.
1331 827.071, or s. 847.0135(5), or a similar offense in another
1332 jurisdiction, the registration requirement will not apply to the
1333 person and the department shall remove all information about the
1334 person from the public registry of sexual offenders and sexual
1335 predators maintained by the department. However, the removal of
1336 this information from the public registry does not mean that the
1337 public is denied access to information about the person’s
1338 criminal history or record that is otherwise available as a
1339 public record.
1340 Section 7. Subsections (2) and (3) of section 943.0437,
1341 Florida Statutes, are amended to read:
1342 943.0437 Commercial social networking websites.—
1343 (2) The department may provide information relating to
1344 electronic mail addresses and Internet identifiers, as defined
1345 in s. 775.21, instant message names maintained as part of the
1346 sexual offender registry to commercial social networking
1347 websites or third parties designated by commercial social
1348 networking websites. The commercial social networking website
1349 may use this information for the purpose of comparing registered
1350 users and screening potential users of the commercial social
1351 networking website against the list of electronic mail addresses
1352 and Internet identifiers instant message names provided by the
1353 department.
1354 (3) This section does not shall not be construed to impose
1355 any civil liability on a commercial social networking website
1356 for:
1357 (a) Any action voluntarily taken in good faith to remove or
1358 disable any profile of a registered user associated with an
1359 electronic mail address or Internet identifier instant message
1360 name contained in the sexual offender registry.
1361 (b) Any action taken to restrict access by such registered
1362 user to the commercial social networking website.
1363 Section 8. Paragraphs (b) and (d) of subsection (1) and
1364 paragraph (a) of subsection (3) of section 944.606, Florida
1365 Statutes, are amended to read:
1366 944.606 Sexual offenders; notification upon release.—
1367 (1) As used in this section:
1368 (b) “Sexual offender” means a person who has been convicted
1369 of committing, or attempting, soliciting, or conspiring to
1370 commit, any of the criminal offenses proscribed in the following
1371 statutes in this state or similar offenses in another
1372 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1373 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1374 defendant is not the victim’s parent or guardian; s.
1375 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1376 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1377 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1378 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1379 s. 916.1075(2); or s. 985.701(1); or any similar offense
1380 committed in this state which has been redesignated from a
1381 former statute number to one of those listed in this subsection,
1382 when the department has received verified information regarding
1383 such conviction; an offender’s computerized criminal history
1384 record is not, in and of itself, verified information.
1385 (d) “Internet identifier” has the same meaning as provided
1386 in s. 775.21 “Instant message name” means an identifier that
1387 allows a person to communicate in real time with another person
1388 using the Internet.
1389 (3)(a) The department shall must provide information
1390 regarding any sexual offender who is being released after
1391 serving a period of incarceration for any offense, as follows:
1392 1. The department shall must provide: the sexual offender’s
1393 name, any change in the offender’s name by reason of marriage or
1394 other legal process, and any alias, if known; the correctional
1395 facility from which the sexual offender is released; the sexual
1396 offender’s social security number, race, sex, date of birth,
1397 height, weight, and hair and eye color; tattoos or other
1398 identifying marks; address of any planned permanent residence or
1399 temporary residence, within the state or out of state, including
1400 a rural route address and a post office box; if no permanent or
1401 temporary address, any transient residence within the state;
1402 address, location or description, and dates of any known future
1403 temporary residence within the state or out of state; date and
1404 county of sentence and each crime for which the offender was
1405 sentenced; a copy of the offender’s fingerprints, palm prints,
1406 and a digitized photograph taken within 60 days before release;
1407 the date of release of the sexual offender; all any electronic
1408 mail addresses address and all Internet identifiers any instant
1409 message name required to be provided pursuant to s.
1410 943.0435(4)(e) 943.0435(4)(d); all and home telephone numbers
1411 number and any cellular telephone numbers; information about any
1412 professional licenses the offender has, if known; and passport
1413 information, if he or she has a passport, and, if he or she is
1414 an alien, information about documents establishing his or her
1415 immigration status number. The department shall notify the
1416 Department of Law Enforcement if the sexual offender escapes,
1417 absconds, or dies. If the sexual offender is in the custody of a
1418 private correctional facility, the facility shall take the
1419 digitized photograph of the sexual offender within 60 days
1420 before the sexual offender’s release and provide this photograph
1421 to the Department of Corrections and also place it in the sexual
1422 offender’s file. If the sexual offender is in the custody of a
1423 local jail, the custodian of the local jail shall register the
1424 offender within 3 business days after intake of the offender for
1425 any reason and upon release, and shall notify the Department of
1426 Law Enforcement of the sexual offender’s release and provide to
1427 the Department of Law Enforcement the information specified in
1428 this paragraph and any information specified in subparagraph 2.
1429 that the Department of Law Enforcement requests.
1430 2. The department may provide any other information deemed
1431 necessary, including criminal and corrections records,
1432 nonprivileged personnel and treatment records, when available.
1433 Section 9. Present paragraphs (a) and (f) of subsection
1434 (1), subsection (4), and paragraphs (b) and (c) of subsection
1435 (13) of section 944.607, Florida Statutes, are amended,
1436 paragraphs (b) through (e) of subsection (1) are redesignated as
1437 paragraphs (c) through (f), respectively, and a new paragraph
1438 (b) is added to that subsection, to read:
1439 944.607 Notification to Department of Law Enforcement of
1440 information on sexual offenders.—
1441 (1) As used in this section, the term:
1442 (a) “Sexual offender” means a person who is in the custody
1443 or control of, or under the supervision of, the department or is
1444 in the custody of a private correctional facility:
1445 1. On or after October 1, 1997, as a result of a conviction
1446 for committing, or attempting, soliciting, or conspiring to
1447 commit, any of the criminal offenses proscribed in the following
1448 statutes in this state or similar offenses in another
1449 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1450 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1451 defendant is not the victim’s parent or guardian; s.
1452 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1453 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1454 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1455 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1456 s. 916.1075(2); or s. 985.701(1); or any similar offense
1457 committed in this state which has been redesignated from a
1458 former statute number to one of those listed in this paragraph;
1459 or
1460 2. Who establishes or maintains a residence in this state
1461 and who has not been designated as a sexual predator by a court
1462 of this state but who has been designated as a sexual predator,
1463 as a sexually violent predator, or by another sexual offender
1464 designation in another state or jurisdiction and was, as a
1465 result of such designation, subjected to registration or
1466 community or public notification, or both, or would be if the
1467 person were a resident of that state or jurisdiction, without
1468 regard as to whether the person otherwise meets the criteria for
1469 registration as a sexual offender.
1470 (b) “Vehicles owned” has the same meaning as provided in s.
1471 775.21.
1472 (g)(f) “Internet identifier” has the same meaning as
1473 provided in s. 775.21 “Instant message name” means an identifier
1474 that allows a person to communicate in real time with another
1475 person using the Internet.
1476 (4) A sexual offender, as described in this section, who is
1477 under the supervision of the Department of Corrections but is
1478 not incarcerated shall must register with the Department of
1479 Corrections within 3 business days after sentencing for a
1480 registrable offense and otherwise provide information as
1481 required by this subsection.
1482 (a) The sexual offender shall provide his or her name; date
1483 of birth; social security number; race; sex; height; weight;
1484 hair and eye color; tattoos or other identifying marks; all any
1485 electronic mail addresses address and Internet identifiers any
1486 instant message name required to be provided pursuant to s.
1487 943.0435(4)(e) 943.0435(4)(d); all home telephone numbers and
1488 cellular telephone numbers; the make, model, color, vehicle
1489 identification number (VIN), and license tag number of all
1490 vehicles owned; permanent or legal residence and address of
1491 temporary residence within the state or out of state while the
1492 sexual offender is under supervision in this state, including
1493 any rural route address or post office box; if no permanent or
1494 temporary address, any transient residence within the state; and
1495 address, location or description, and dates of any current or
1496 known future temporary residence within the state or out of
1497 state. The sexual offender shall also produce his or her
1498 passport, if he or she has a passport, and, if he or she is an
1499 alien, shall produce or provide information about documents
1500 establishing his or her immigration status. The sexual offender
1501 shall also provide information about any professional licenses
1502 he or she has. The Department of Corrections shall verify the
1503 address of each sexual offender in the manner described in ss.
1504 775.21 and 943.0435. The department shall report to the
1505 Department of Law Enforcement any failure by a sexual predator
1506 or sexual offender to comply with registration requirements.
1507 (b) If the sexual offender is enrolled, employed,
1508 volunteering, or carrying on a vocation at an institution of
1509 higher education in this state, the sexual offender shall
1510 provide the name, address, and county of each institution,
1511 including each campus attended, and the sexual offender’s
1512 enrollment, volunteer, or employment status. Each change in
1513 enrollment, volunteer, or employment status must shall be
1514 reported to the department within 48 hours after the change in
1515 status. The Department of Corrections shall promptly notify each
1516 institution of the sexual offender’s presence and any change in
1517 the sexual offender’s enrollment, volunteer, or employment
1518 status.
1519 (c) A sexual offender shall report in person to the
1520 sheriff’s office within 48 hours after any change in vehicles
1521 owned to report those vehicle information changes.
1522 (13)
1523 (b) However, a sexual offender who is required to register
1524 as a result of a conviction for:
1525 1. Section 787.01 or s. 787.02 where the victim is a minor
1526 and the offender is not the victim’s parent or guardian;
1527 2. Section 794.011, excluding s. 794.011(10);
1528 3. Section 800.04(4)(b) where the victim is under 12 years
1529 of age or where the court finds sexual activity by the use of
1530 force or coercion;
1531 4. Section 800.04(5)(b);
1532 5. Section 800.04(5)(c)1. where the court finds molestation
1533 involving unclothed genitals or genital area;
1534 6. Section 800.04(5)(c)2. 800.04(5)c.2. where the court
1535 finds molestation involving use of force or coercion and
1536 unclothed genitals or genital area;
1537 7. Section 800.04(5)(d) where the court finds the use of
1538 force or coercion and unclothed genitals or genital area;
1539 8. Any attempt or conspiracy to commit such offense; or
1540 9. A violation of a similar law of another jurisdiction; or
1541 10. A violation of a similar offense committed in this
1542 state which has been redesignated from a former statute number
1543 to one of those listed in this paragraph,
1544
1545 must reregister each year during the month of the sexual
1546 offender’s birthday and every third month thereafter.
1547 (c) The sheriff’s office may determine the appropriate
1548 times and days for reporting by the sexual offender, which must
1549 shall be consistent with the reporting requirements of this
1550 subsection. Reregistration must shall include any changes to the
1551 following information:
1552 1. Name; social security number; age; race; sex; date of
1553 birth; height; weight; tattoos or other identifying marks; hair
1554 and eye color; address of any permanent residence and address of
1555 any current temporary residence, within the state or out of
1556 state, including a rural route address and a post office box; if
1557 no permanent or temporary address, any transient residence;
1558 address, location or description, and dates of any current or
1559 known future temporary residence within the state or out of
1560 state; all any electronic mail addresses and Internet
1561 identifiers address and any instant message name required to be
1562 provided pursuant to s. 943.0435(4)(e) 943.0435(4)(d); all home
1563 telephone numbers and cellular telephone numbers; date and place
1564 of any employment; the vehicle make, model, color, vehicle
1565 identification number (VIN), and license tag number of all
1566 vehicles owned; fingerprints; palm prints; and photograph. A
1567 post office box may shall not be provided in lieu of a physical
1568 residential address. The sexual offender shall also produce his
1569 or her passport, if he or she has a passport, and, if he or she
1570 is an alien, shall produce or provide information about
1571 documents establishing his or her immigration status. The sexual
1572 offender shall also provide information about any professional
1573 licenses he or she has.
1574 2. If the sexual offender is enrolled, employed,
1575 volunteering, or carrying on a vocation at an institution of
1576 higher education in this state, the sexual offender shall also
1577 provide to the department the name, address, and county of each
1578 institution, including each campus attended, and the sexual
1579 offender’s enrollment, volunteer, or employment status.
1580 3. If the sexual offender’s place of residence is a motor
1581 vehicle, trailer, mobile home, or manufactured home, as defined
1582 in chapter 320, the sexual offender shall also provide the
1583 vehicle identification number; the license tag number; the
1584 registration number; and a description, including color scheme,
1585 of the motor vehicle, trailer, mobile home, or manufactured
1586 home. If the sexual offender’s place of residence is a vessel,
1587 live-aboard vessel, or houseboat, as defined in chapter 327, the
1588 sexual offender shall also provide the hull identification
1589 number; the manufacturer’s serial number; the name of the
1590 vessel, live-aboard vessel, or houseboat; the registration
1591 number; and a description, including color scheme, of the
1592 vessel, live-aboard vessel or houseboat.
1593 4. Any sexual offender who fails to report in person as
1594 required at the sheriff’s office, or who fails to respond to any
1595 address verification correspondence from the department within 3
1596 weeks of the date of the correspondence, or who fails to report
1597 all electronic mail addresses or Internet identifiers prior to
1598 use or instant message names, or who knowingly provides false
1599 registration information by act or omission commits a felony of
1600 the third degree, punishable as provided in s. 775.082, s.
1601 775.083, or s. 775.084.
1602 Section 10. Paragraph (b) of subsection (1) of section
1603 985.481, Florida Statutes, is redesignated as paragraph (c), new
1604 paragraphs (b) and (d) are added to that subsection, and
1605 paragraph (a) of subsection (3) of that section is amended, to
1606 read:
1607 985.481 Sexual offenders adjudicated delinquent;
1608 notification upon release.—
1609 (1) As used in this section:
1610 (a) “Convicted” has the same meaning as provided in s.
1611 943.0435.
1612 (b) “Internet identifier” has the same meaning as provided
1613 in s. 775.21.
1614 (c)(b) “Sexual offender” means a person who has been
1615 adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
1616 (d) “Vehicles owned” has the same meaning as provided in s.
1617 775.21.
1618 (3)(a) The department shall must provide information
1619 regarding any sexual offender who is being released after
1620 serving a period of residential commitment under the department
1621 for any offense, as follows:
1622 1. The department shall must provide the sexual offender’s
1623 name, any change in the offender’s name by reason of marriage or
1624 other legal process, and any alias, if known; the correctional
1625 facility from which the sexual offender is released; the sexual
1626 offender’s social security number, race, sex, date of birth,
1627 height, weight, and hair and eye color; tattoos or other
1628 identifying marks; the make, model, color, vehicle
1629 identification number (VIN), and license tag number of all
1630 vehicles owned; address of any planned permanent residence or
1631 temporary residence, within the state or out of state, including
1632 a rural route address and a post office box; if no permanent or
1633 temporary address, any transient residence within the state;
1634 address, location or description, and dates of any known future
1635 temporary residence within the state or out of state; date and
1636 county of disposition and each crime for which there was a
1637 disposition; a copy of the offender’s fingerprints, palm prints,
1638 and a digitized photograph taken within 60 days before release;
1639 the date of release of the sexual offender; all and home
1640 telephone numbers number and any cellular telephone numbers; all
1641 Internet identifiers; information about any professional
1642 licenses the offender has, if known; and passport information,
1643 if he or she has a passport, and, if he or she is an alien,
1644 information about documents establishing his or her immigration
1645 status number. The department shall notify the Department of Law
1646 Enforcement if the sexual offender escapes, absconds, or dies.
1647 If the sexual offender is in the custody of a private
1648 correctional facility, the facility shall take the digitized
1649 photograph of the sexual offender within 60 days before the
1650 sexual offender’s release and also place it in the sexual
1651 offender’s file. If the sexual offender is in the custody of a
1652 local jail, the custodian of the local jail shall register the
1653 offender within 3 business days after intake of the offender for
1654 any reason and upon release, and shall notify the Department of
1655 Law Enforcement of the sexual offender’s release and provide to
1656 the Department of Law Enforcement the information specified in
1657 this subparagraph and any information specified in subparagraph
1658 2. which the Department of Law Enforcement requests.
1659 2. The department may provide any other information
1660 considered necessary, including criminal and delinquency
1661 records, when available.
1662 Section 11. Paragraph (d) of subsection (1) of section
1663 985.4815, Florida Statutes, is redesignated as paragraph (e),
1664 new paragraphs (d) and (f) are added to that subsection, and
1665 subsection (4) and paragraph (b) of subsection (13) of that
1666 section are amended, to read:
1667 985.4815 Notification to Department of Law Enforcement of
1668 information on juvenile sexual offenders.—
1669 (1) As used in this section, the term:
1670 (a) “Change in enrollment or employment status” means the
1671 commencement or termination of enrollment or employment or a
1672 change in location of enrollment or employment.
1673 (b) “Conviction” has the same meaning as provided in s.
1674 943.0435.
1675 (c) “Institution of higher education” means a career
1676 center, community college, college, state university, or
1677 independent postsecondary institution.
1678 (d) “Internet identifier” has the same meaning as provided
1679 in s. 775.21.
1680 (e)(d) “Sexual offender” means a person who is in the care
1681 or custody or under the jurisdiction or supervision of the
1682 department or is in the custody of a private correctional
1683 facility and who:
1684 1. Has been adjudicated delinquent as provided in s.
1685 943.0435(1)(a)1.d.; or
1686 2. Establishes or maintains a residence in this state and
1687 has not been designated as a sexual predator by a court of this
1688 state but has been designated as a sexual predator, as a
1689 sexually violent predator, or by another sexual offender
1690 designation in another state or jurisdiction and was, as a
1691 result of such designation, subjected to registration or
1692 community or public notification, or both, or would be if the
1693 person were a resident of that state or jurisdiction, without
1694 regard to whether the person otherwise meets the criteria for
1695 registration as a sexual offender.
1696 (f) “Vehicles owned” has the same meaning as provided in s.
1697 775.21.
1698 (4) A sexual offender, as described in this section, who is
1699 under the supervision of the department but who is not committed
1700 shall must register with the department within 3 business days
1701 after adjudication and disposition for a registrable offense and
1702 otherwise provide information as required by this subsection.
1703 (a) The sexual offender shall provide his or her name; date
1704 of birth; social security number; race; sex; height; weight;
1705 hair and eye color; tattoos or other identifying marks; the
1706 make, model, color, vehicle identification number (VIN), and
1707 license tag number of all vehicles owned; permanent or legal
1708 residence and address of temporary residence within the state or
1709 out of state while the sexual offender is in the care or custody
1710 or under the jurisdiction or supervision of the department in
1711 this state, including any rural route address or post office
1712 box; if no permanent or temporary address, any transient
1713 residence; address, location or description, and dates of any
1714 current or known future temporary residence within the state or
1715 out of state; all home telephone and cellular telephone numbers;
1716 all Internet identifiers; and the name and address of each
1717 school attended. The sexual offender shall also produce his or
1718 her passport, if he or she has a passport, and, if he or she is
1719 an alien, shall produce or provide information about documents
1720 establishing his or her immigration status. The offender shall
1721 also provide information about any professional licenses he or
1722 she has. The department shall verify the address of each sexual
1723 offender and shall report to the Department of Law Enforcement
1724 any failure by a sexual offender to comply with registration
1725 requirements.
1726 (b) If the sexual offender is enrolled, employed,
1727 volunteering, or carrying on a vocation at an institution of
1728 higher education in this state, the sexual offender shall
1729 provide the name, address, and county of each institution,
1730 including each campus attended, and the sexual offender’s
1731 enrollment, volunteer, or employment status. Each change in
1732 enrollment, volunteer, or employment status must shall be
1733 reported to the department within 48 hours after the change in
1734 status. The department shall promptly notify each institution of
1735 the sexual offender’s presence and any change in the sexual
1736 offender’s enrollment, volunteer, or employment status.
1737 (c) A sexual offender shall report in person to the
1738 sheriff’s office within 48 hours after any change in vehicles
1739 owned to report those vehicle information changes.
1740 (13)
1741 (b) The sheriff’s office may determine the appropriate
1742 times and days for reporting by the sexual offender, which must
1743 shall be consistent with the reporting requirements of this
1744 subsection. Reregistration must shall include any changes to the
1745 following information:
1746 1. Name; social security number; age; race; sex; date of
1747 birth; height; weight; hair and eye color; tattoos or other
1748 identifying marks; fingerprints; palm prints; address of any
1749 permanent residence and address of any current temporary
1750 residence, within the state or out of state, including a rural
1751 route address and a post office box; if no permanent or
1752 temporary address, any transient residence; address, location or
1753 description, and dates of any current or known future temporary
1754 residence within the state or out of state; passport
1755 information, if he or she has a passport, and, if he or she is
1756 an alien, information about documents establishing his or her
1757 immigration status; all home telephone numbers and cellular
1758 telephone numbers; all Internet identifiers; name and address of
1759 each school attended; date and place of any employment; the
1760 vehicle make, model, color, vehicle identification number (VIN),
1761 and license tag number of all vehicles owned; fingerprints; and
1762 photograph. A post office box may shall not be provided in lieu
1763 of a physical residential address. The offender shall also
1764 provide information about any professional licenses he or she
1765 has.
1766 2. If the sexual offender is enrolled, employed,
1767 volunteering, or carrying on a vocation at an institution of
1768 higher education in this state, the sexual offender shall also
1769 provide to the department the name, address, and county of each
1770 institution, including each campus attended, and the sexual
1771 offender’s enrollment, volunteer, or employment status.
1772 3. If the sexual offender’s place of residence is a motor
1773 vehicle, trailer, mobile home, or manufactured home, as defined
1774 in chapter 320, the sexual offender shall also provide the
1775 vehicle identification number; the license tag number; the
1776 registration number; and a description, including color scheme,
1777 of the motor vehicle, trailer, mobile home, or manufactured
1778 home. If the sexual offender’s place of residence is a vessel,
1779 live-aboard vessel, or houseboat, as defined in chapter 327, the
1780 sexual offender shall also provide the hull identification
1781 number; the manufacturer’s serial number; the name of the
1782 vessel, live-aboard vessel, or houseboat; the registration
1783 number; and a description, including color scheme, of the
1784 vessel, live-aboard vessel, or houseboat.
1785 4. Any sexual offender who fails to report in person as
1786 required at the sheriff’s office, or who fails to respond to any
1787 address verification correspondence from the department within 3
1788 weeks after the date of the correspondence, or who knowingly
1789 provides false registration information by act or omission
1790 commits a felony of the third degree, punishable as provided in
1791 ss. 775.082, 775.083, and 775.084.
1792 Section 12. Paragraphs (g) and (i) of subsection (3) of
1793 section 921.0022, Florida Statutes, are amended to read:
1794 921.0022 Criminal Punishment Code; offense severity ranking
1795 chart.—
1796 (3) OFFENSE SEVERITY RANKING CHART
1797 (g) LEVEL 7
1798
1799 FloridaStatute FelonyDegree Description
1800 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1801 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1802 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.
1803 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1804 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1805 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1806 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1807 456.065(2) 3rd Practicing a health care profession without a license.
1808 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1809 458.327(1) 3rd Practicing medicine without a license.
1810 459.013(1) 3rd Practicing osteopathic medicine without a license.
1811 460.411(1) 3rd Practicing chiropractic medicine without a license.
1812 461.012(1) 3rd Practicing podiatric medicine without a license.
1813 462.17 3rd Practicing naturopathy without a license.
1814 463.015(1) 3rd Practicing optometry without a license.
1815 464.016(1) 3rd Practicing nursing without a license.
1816 465.015(2) 3rd Practicing pharmacy without a license.
1817 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1818 467.201 3rd Practicing midwifery without a license.
1819 468.366 3rd Delivering respiratory care services without a license.
1820 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1821 483.901(9) 3rd Practicing medical physics without a license.
1822 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1823 484.053 3rd Dispensing hearing aids without a license.
1824 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.
1825 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.
1826 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1827 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1828 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
1829 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1830 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1831 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1832 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1833 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1834 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1835 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1836 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1837 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1838 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1839 784.048(7) 3rd Aggravated stalking; violation of court order.
1840 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1841 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1842 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1843 784.081(1) 1st Aggravated battery on specified official or employee.
1844 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1845 784.083(1) 1st Aggravated battery on code inspector.
1846 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
1847 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.
1848 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1849 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1850 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1851 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1852 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1853 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1854 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1855 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.
1856 796.03 2nd Procuring any person under 18 16 years for prostitution.
1857 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1858 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.
1859 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1860 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1861 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1862 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1863 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1864 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.
1865 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1866 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1867 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1868 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1869 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1870 812.131(2)(a) 2nd Robbery by sudden snatching.
1871 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1872 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1873 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1874 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1875 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1876 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.
1877 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1878 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1879 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.
1880 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1881 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1882 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1883 838.015 2nd Bribery.
1884 838.016 2nd Unlawful compensation or reward for official behavior.
1885 838.021(3)(a) 2nd Unlawful harm to a public servant.
1886 838.22 2nd Bid tampering.
1887 843.0855(2) 3rd Impersonation of a public officer or employee.
1888 843.0855(3) 3rd Unlawful simulation of legal process.
1889 843.0855(4) 3rd Intimidation of a public officer or employee.
1890 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1891 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1892 872.06 2nd Abuse of a dead human body.
1893 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1894 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1895 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.
1896 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.
1897 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).
1898 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1899 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1900 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1901 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1902 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1903 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1904 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1905 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1906 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1907 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1908 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1909 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1910 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1911 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1912 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1913 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1914 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1915 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1916 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1917 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1918 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1919 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1920 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1921 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1922 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1923 (i) LEVEL 9
1924
1925 FloridaStatute FelonyDegree Description
1926 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1927 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1928 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1929 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1930 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1931 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1932 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1933 775.0844 1st Aggravated white collar crime.
1934 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1935 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.
1936 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1937 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1938 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1939 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1940 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1941 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.
1942 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
1943 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
1944 787.06(4) 1st Selling or buying of minors into human trafficking.
1945 790.161 1st Attempted capital destructive device offense.
1946 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1947 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1948 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1949 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1950 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1951 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1952 796.035 1st Selling or buying of minors into prostitution.
1953 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1954 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1955 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1956 812.135(2)(b) 1st Home-invasion robbery with weapon.
1957 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1958 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1959 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.
1960 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.
1961 827.03(2)(a) 1st Aggravated child abuse.
1962 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1963 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1964 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.
1965 893.135 1st Attempted capital trafficking offense.
1966 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1967 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1968 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1969 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1970 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1971 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1972 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1973 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1974 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1975 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1976 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1977 Section 13. This act shall take effect October 1, 2014.