Florida Senate - 2018                             CS for SB 1226
       
       
        
       By the Committee on Criminal Justice; and Senators Book and
       Hutson
       
       
       
       
       591-02892-18                                          20181226c1
    1                        A bill to be entitled                      
    2         An act relating to sentencing for sexual offenders and
    3         sexual predators; amending s. 775.21, F.S.; redefining
    4         the terms “permanent residence,” “temporary
    5         residence,” and “transient residence” by decreasing
    6         the amount of days a person abides, lodges, or resides
    7         in a certain place to qualify for that type of
    8         residency category; revising existing criminal
    9         penalties for sexual predators to require mandatory
   10         minimum terms of community control with electronic
   11         monitoring for first, second, and third and subsequent
   12         felony violations if the court does not impose a
   13         prison sentence; amending s. 943.0435, F.S.; revising
   14         existing criminal penalties for sexual offenders to
   15         require mandatory minimum terms of community control
   16         with electronic monitoring for first, second, and
   17         third and subsequent felony violations if the court
   18         does not impose a prison sentence; reenacting s.
   19         775.25, F.S., relating to prosecutions for certain
   20         acts or omissions, to incorporate the amendments made
   21         to ss. 775.21 and 943.0435, F.S., in references
   22         thereto; reenacting ss. 944.606(1)(d), 985.481(1)(d),
   23         and 985.4815(1)(f), F.S., relating to sexual offenders
   24         and required notifications upon release, sexual
   25         offenders adjudicated delinquent and required
   26         notifications upon release, and notification to the
   27         Department of Law Enforcement of information on
   28         juvenile sexual offenders, respectively, to
   29         incorporate the amendment made to s. 775.21, F.S., in
   30         references thereto; providing an effective date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Paragraphs (k), (n), and (o) of subsection (2)
   35  and subsection (10) of section 775.21, Florida Statutes, are
   36  amended, and paragraph (d) of subsection (5) and paragraphs (g)
   37  and (i) of subsection (6) of that section are republished, to
   38  read:
   39         775.21 The Florida Sexual Predators Act.—
   40         (2) DEFINITIONS.—As used in this section, the term:
   41         (k) “Permanent residence” means a place where the person
   42  abides, lodges, or resides for 3 5 or more consecutive days.
   43         (n) “Temporary residence” means a place where the person
   44  abides, lodges, or resides, including, but not limited to,
   45  vacation, business, or personal travel destinations in or out of
   46  this state, for a period of 3 5 or more days in the aggregate
   47  during any calendar year and which is not the person’s permanent
   48  address or, for a person whose permanent residence is not in
   49  this state, a place where the person is employed, practices a
   50  vocation, or is enrolled as a student for any period of time in
   51  this state.
   52         (o) “Transient residence” means a county where a person
   53  lives, remains, or is located for a period of 3 5 or more days
   54  in the aggregate during a calendar year and which is not the
   55  person’s permanent or temporary address. The term includes, but
   56  is not limited to, a place where the person sleeps or seeks
   57  shelter and a location that has no specific street address.
   58         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
   59  as a sexual predator as follows:
   60         (d) A person who establishes or maintains a residence in
   61  this state and who has not been designated as a sexual predator
   62  by a court of this state but who has been designated as a sexual
   63  predator, as a sexually violent predator, or by another sexual
   64  offender designation in another state or jurisdiction and was,
   65  as a result of such designation, subjected to registration or
   66  community or public notification, or both, or would be if the
   67  person was a resident of that state or jurisdiction, without
   68  regard to whether the person otherwise meets the criteria for
   69  registration as a sexual offender, shall register in the manner
   70  provided in s. 943.0435 or s. 944.607 and shall be subject to
   71  community and public notification as provided in s. 943.0435 or
   72  s. 944.607. A person who meets the criteria of this section is
   73  subject to the requirements and penalty provisions of s.
   74  943.0435 or s. 944.607 until the person provides the department
   75  with an order issued by the court that designated the person as
   76  a sexual predator, as a sexually violent predator, or by another
   77  sexual offender designation in the state or jurisdiction in
   78  which the order was issued which states that such designation
   79  has been removed or demonstrates to the department that such
   80  designation, if not imposed by a court, has been removed by
   81  operation of law or court order in the state or jurisdiction in
   82  which the designation was made, and provided such person no
   83  longer meets the criteria for registration as a sexual offender
   84  under the laws of this state.
   85         (6) REGISTRATION.—
   86         (g)1. Each time a sexual predator’s driver license or
   87  identification card is subject to renewal, and, without regard
   88  to the status of the predator’s driver license or identification
   89  card, within 48 hours after any change of the predator’s
   90  residence or change in the predator’s name by reason of marriage
   91  or other legal process, the predator shall report in person to a
   92  driver license office and is subject to the requirements
   93  specified in paragraph (f). The Department of Highway Safety and
   94  Motor Vehicles shall forward to the department and to the
   95  Department of Corrections all photographs and information
   96  provided by sexual predators. Notwithstanding the restrictions
   97  set forth in s. 322.142, the Department of Highway Safety and
   98  Motor Vehicles may release a reproduction of a color-photograph
   99  or digital-image license to the Department of Law Enforcement
  100  for purposes of public notification of sexual predators as
  101  provided in this section. A sexual predator who is unable to
  102  secure or update a driver license or an identification card with
  103  the Department of Highway Safety and Motor Vehicles as provided
  104  in paragraph (f) and this paragraph shall also report any change
  105  of the predator’s residence or change in the predator’s name by
  106  reason of marriage or other legal process within 48 hours after
  107  the change to the sheriff’s office in the county where the
  108  predator resides or is located and provide confirmation that he
  109  or she reported such information to the Department of Highway
  110  Safety and Motor Vehicles. The reporting requirements under this
  111  subparagraph do not negate the requirement for a sexual predator
  112  to obtain a Florida driver license or identification card as
  113  required by this section.
  114         2.a. A sexual predator who vacates a permanent, temporary,
  115  or transient residence and fails to establish or maintain
  116  another permanent, temporary, or transient residence shall,
  117  within 48 hours after vacating the permanent, temporary, or
  118  transient residence, report in person to the sheriff’s office of
  119  the county in which he or she is located. The sexual predator
  120  shall specify the date upon which he or she intends to or did
  121  vacate such residence. The sexual predator shall provide or
  122  update all of the registration information required under
  123  paragraph (a). The sexual predator shall provide an address for
  124  the residence or other place that he or she is or will be
  125  located during the time in which he or she fails to establish or
  126  maintain a permanent or temporary residence.
  127         b. A sexual predator shall report in person at the
  128  sheriff’s office in the county in which he or she is located
  129  within 48 hours after establishing a transient residence and
  130  thereafter must report in person every 30 days to the sheriff’s
  131  office in the county in which he or she is located while
  132  maintaining a transient residence. The sexual predator must
  133  provide the addresses and locations where he or she maintains a
  134  transient residence. Each sheriff’s office shall establish
  135  procedures for reporting transient residence information and
  136  provide notice to transient registrants to report transient
  137  residence information as required in this sub-subparagraph.
  138  Reporting to the sheriff’s office as required by this sub
  139  subparagraph does not exempt registrants from any reregistration
  140  requirement. The sheriff may coordinate and enter into
  141  agreements with police departments and other governmental
  142  entities to facilitate additional reporting sites for transient
  143  residence registration required in this sub-subparagraph. The
  144  sheriff’s office shall, within 2 business days, electronically
  145  submit and update all information provided by the sexual
  146  predator to the department.
  147         3. A sexual predator who remains at a permanent, temporary,
  148  or transient residence after reporting his or her intent to
  149  vacate such residence shall, within 48 hours after the date upon
  150  which the predator indicated he or she would or did vacate such
  151  residence, report in person to the sheriff’s office to which he
  152  or she reported pursuant to subparagraph 2. for the purpose of
  153  reporting his or her address at such residence. When the sheriff
  154  receives the report, the sheriff shall promptly convey the
  155  information to the department. An offender who makes a report as
  156  required under subparagraph 2. but fails to make a report as
  157  required under this subparagraph commits a felony of the second
  158  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  159  775.084.
  160         4. The failure of a sexual predator who maintains a
  161  transient residence to report in person to the sheriff’s office
  162  every 30 days as required by sub-subparagraph 2.b. is punishable
  163  as provided in subsection (10).
  164         5.a. A sexual predator shall register all electronic mail
  165  addresses and Internet identifiers, and each Internet
  166  identifier’s corresponding website homepage or application
  167  software name, with the department through the department’s
  168  online system or in person at the sheriff’s office within 48
  169  hours after using such electronic mail addresses and Internet
  170  identifiers. If the sexual predator is in the custody or
  171  control, or under the supervision, of the Department of
  172  Corrections, he or she must report all electronic mail addresses
  173  and Internet identifiers, and each Internet identifier’s
  174  corresponding website homepage or application software name, to
  175  the Department of Corrections before using such electronic mail
  176  addresses or Internet identifiers. If the sexual predator is in
  177  the custody or control, or under the supervision, of the
  178  Department of Juvenile Justice, he or she must report all
  179  electronic mail addresses and Internet identifiers, and each
  180  Internet identifier’s corresponding website homepage or
  181  application software name, to the Department of Juvenile Justice
  182  before using such electronic mail addresses or Internet
  183  identifiers.
  184         b. A sexual predator shall register all changes to home
  185  telephone numbers and cellular telephone numbers, including
  186  added and deleted numbers, all changes to employment
  187  information, and all changes in status related to enrollment,
  188  volunteering, or employment at institutions of higher education,
  189  through the department’s online system; in person at the
  190  sheriff’s office; in person at the Department of Corrections if
  191  the sexual predator is in the custody or control, or under the
  192  supervision, of the Department of Corrections; or in person at
  193  the Department of Juvenile Justice if the sexual predator is in
  194  the custody or control, or under the supervision, of the
  195  Department of Juvenile Justice. All changes required to be
  196  reported in this sub-subparagraph shall be reported within 48
  197  hours after the change.
  198         c. The department shall establish an online system through
  199  which sexual predators may securely access, submit, and update
  200  all electronic mail addresses; Internet identifiers and each
  201  Internet identifier’s corresponding website homepage or
  202  application software name; home telephone numbers and cellular
  203  telephone numbers; employment information; and institution of
  204  higher education information.
  205         (i) A sexual predator who intends to establish a permanent,
  206  temporary, or transient residence in another state or
  207  jurisdiction other than the State of Florida shall report in
  208  person to the sheriff of the county of current residence within
  209  48 hours before the date he or she intends to leave this state
  210  to establish residence in another state or jurisdiction or at
  211  least 21 days before the date he or she intends to travel if the
  212  intended residence of 5 days or more is outside of the United
  213  States. Any travel that is not known by the sexual predator 21
  214  days before the departure date must be reported to the sheriff’s
  215  office as soon as possible before departure. The sexual predator
  216  shall provide to the sheriff the address, municipality, county,
  217  state, and country of intended residence. For international
  218  travel, the sexual predator shall also provide travel
  219  information, including, but not limited to, expected departure
  220  and return dates, flight number, airport of departure, cruise
  221  port of departure, or any other means of intended travel. The
  222  sheriff shall promptly provide to the department the information
  223  received from the sexual predator. The department shall notify
  224  the statewide law enforcement agency, or a comparable agency, in
  225  the intended state, jurisdiction, or country of residence of the
  226  sexual predator’s intended residence. The failure of a sexual
  227  predator to provide his or her intended place of residence is
  228  punishable as provided in subsection (10).
  229         (10) PENALTIES.—
  230         (a) Except as otherwise specifically provided, a sexual
  231  predator who fails to register; who fails, after registration,
  232  to maintain, acquire, or renew a driver license or an
  233  identification card; who fails to provide required location
  234  information; who fails to provide electronic mail addresses,
  235  Internet identifiers, and each Internet identifier’s
  236  corresponding website homepage or application software name; who
  237  fails to provide all home telephone numbers and cellular
  238  telephone numbers, employment information, change in status at
  239  an institution of higher education, or change-of-name
  240  information; who fails to make a required report in connection
  241  with vacating a permanent residence; who fails to reregister as
  242  required; who fails to respond to any address verification
  243  correspondence from the department within 3 weeks of the date of
  244  the correspondence; who knowingly provides false registration
  245  information by act or omission; or who otherwise fails, by act
  246  or omission, to comply with the requirements of this section
  247  commits a felony of the third degree, punishable as provided in
  248  s. 775.082, s. 775.083, or s. 775.084.
  249         (b) A sexual predator who has been convicted of or found to
  250  have committed, or has pled nolo contendere or guilty to,
  251  regardless of adjudication, any violation, or attempted
  252  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  253  the victim is a minor; s. 794.011, excluding s. 794.011(10); s.
  254  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  255  827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s.
  256  985.701(1); or a violation of a similar law of another
  257  jurisdiction when the victim of the offense was a minor, and who
  258  works, whether for compensation or as a volunteer, at any
  259  business, school, child care facility, park, playground, or
  260  other place where children regularly congregate, commits a
  261  felony of the third degree, punishable as provided in s.
  262  775.082, s. 775.083, or s. 775.084.
  263         (c) For a felony violation of this section, excluding
  264  paragraph (10)(g), committed on or after July 1, 2018, if the
  265  court does not impose a prison sentence, the court shall impose
  266  a mandatory minimum term of community control, as defined in s.
  267  948.001, as follows:
  268         1. For a first offense, a mandatory minimum term of 6
  269  months of community control with electronic monitoring.
  270         2. For a second offense, a mandatory minimum term of 1 year
  271  of community control with electronic monitoring.
  272         3. For a third or subsequent offense, a mandatory minimum
  273  term of 2 years of community control with electronic monitoring.
  274         (d)(c) Any person who misuses public records information
  275  relating to a sexual predator, as defined in this section, or a
  276  sexual offender, as defined in s. 943.0435 or s. 944.607, to
  277  secure a payment from such a predator or offender; who knowingly
  278  distributes or publishes false information relating to such a
  279  predator or offender which the person misrepresents as being
  280  public records information; or who materially alters public
  281  records information with the intent to misrepresent the
  282  information, including documents, summaries of public records
  283  information provided by law enforcement agencies, or public
  284  records information displayed by law enforcement agencies on
  285  websites or provided through other means of communication,
  286  commits a misdemeanor of the first degree, punishable as
  287  provided in s. 775.082 or s. 775.083.
  288         (e)(d) A sexual predator who commits any act or omission in
  289  violation of this section may be prosecuted for the act or
  290  omission in the county in which the act or omission was
  291  committed, in the county of the last registered address of the
  292  sexual predator, in the county in which the conviction occurred
  293  for the offense or offenses that meet the criteria for
  294  designating a person as a sexual predator, in the county where
  295  the sexual predator was released from incarceration, or in the
  296  county of the intended address of the sexual predator as
  297  reported by the predator prior to his or her release from
  298  incarceration. In addition, a sexual predator may be prosecuted
  299  for any such act or omission in the county in which he or she
  300  was designated a sexual predator.
  301         (f)(e) An arrest on charges of failure to register, the
  302  service of an information or a complaint for a violation of this
  303  section, or an arraignment on charges for a violation of this
  304  section constitutes actual notice of the duty to register when
  305  the predator has been provided and advised of his or her
  306  statutory obligation to register under subsection (6). A sexual
  307  predator’s failure to immediately register as required by this
  308  section following such arrest, service, or arraignment
  309  constitutes grounds for a subsequent charge of failure to
  310  register. A sexual predator charged with the crime of failure to
  311  register who asserts, or intends to assert, a lack of notice of
  312  the duty to register as a defense to a charge of failure to
  313  register shall immediately register as required by this section.
  314  A sexual predator who is charged with a subsequent failure to
  315  register may not assert the defense of a lack of notice of the
  316  duty to register.
  317         (f) Registration following such arrest, service, or
  318  arraignment is not a defense and does not relieve the sexual
  319  predator of criminal liability for the failure to register.
  320         (g) Any person who has reason to believe that a sexual
  321  predator is not complying, or has not complied, with the
  322  requirements of this section and who, with the intent to assist
  323  the sexual predator in eluding a law enforcement agency that is
  324  seeking to find the sexual predator to question the sexual
  325  predator about, or to arrest the sexual predator for, his or her
  326  noncompliance with the requirements of this section:
  327         1. Withholds information from, or does not notify, the law
  328  enforcement agency about the sexual predator’s noncompliance
  329  with the requirements of this section, and, if known, the
  330  whereabouts of the sexual predator;
  331         2. Harbors, or attempts to harbor, or assists another
  332  person in harboring or attempting to harbor, the sexual
  333  predator;
  334         3. Conceals or attempts to conceal, or assists another
  335  person in concealing or attempting to conceal, the sexual
  336  predator; or
  337         4. Provides information to the law enforcement agency
  338  regarding the sexual predator which the person knows to be false
  339  information,
  340  
  341  commits a felony of the third degree, punishable as provided in
  342  s. 775.082, s. 775.083, or s. 775.084. This paragraph does not
  343  apply if the sexual predator is incarcerated in or is in the
  344  custody of a state correctional facility, a private correctional
  345  facility, a local jail, or a federal correctional facility.
  346         Section 2. Subsection (9) of section 943.0435, Florida
  347  Statutes, is amended, and paragraph (f) of subsection (1),
  348  paragraph (d) of subsection (4), and subsection (7) of that
  349  section are republished, to read:
  350         943.0435 Sexual offenders required to register with the
  351  department; penalty.—
  352         (1) As used in this section, the term:
  353         (f) “Permanent residence,” “temporary residence,” and
  354  “transient residence” have the same meaning as provided in s.
  355  775.21.
  356         (4)
  357         (d) The failure of a sexual offender who maintains a
  358  transient residence to report in person to the sheriff’s office
  359  every 30 days as required in subparagraph (b)2. is punishable as
  360  provided in subsection (9).
  361         (7) A sexual offender who intends to establish a permanent,
  362  temporary, or transient residence in another state or
  363  jurisdiction other than the State of Florida shall report in
  364  person to the sheriff of the county of current residence within
  365  48 hours before the date he or she intends to leave this state
  366  to establish residence in another state or jurisdiction or at
  367  least 21 days before the date he or she intends to travel if the
  368  intended residence of 5 days or more is outside of the United
  369  States. Any travel that is not known by the sexual offender 21
  370  days before the departure date must be reported in person to the
  371  sheriff’s office as soon as possible before departure. The
  372  sexual offender shall provide to the sheriff the address,
  373  municipality, county, state, and country of intended residence.
  374  For international travel, the sexual offender shall also provide
  375  travel information, including, but not limited to, expected
  376  departure and return dates, flight number, airport of departure,
  377  cruise port of departure, or any other means of intended travel.
  378  The sheriff shall promptly provide to the department the
  379  information received from the sexual offender. The department
  380  shall notify the statewide law enforcement agency, or a
  381  comparable agency, in the intended state, jurisdiction, or
  382  country of residence of the sexual offender’s intended
  383  residence. The failure of a sexual offender to provide his or
  384  her intended place of residence is punishable as provided in
  385  subsection (9).
  386         (9)(a) Except as otherwise specifically provided, a sexual
  387  offender who does not comply with the requirements of this
  388  section commits a felony of the third degree, punishable as
  389  provided in s. 775.082, s. 775.083, or s. 775.084.
  390         (b) For a felony violation of this section, excluding
  391  subsection (13), committed on or after July 1, 2018, if the
  392  court does not impose a prison sentence, the court shall impose
  393  a mandatory minimum term of community control, as defined in s.
  394  948.001, as follows:
  395         1. For a first offense, a mandatory minimum term of 6
  396  months of community control with electronic monitoring.
  397         2. For a second offense, a mandatory minimum term of 1 year
  398  of community control with electronic monitoring.
  399         3. For a third or subsequent offense, a mandatory minimum
  400  term of 2 years of community control with electronic monitoring.
  401         (c)(b) A sexual offender who commits any act or omission in
  402  violation of this section may be prosecuted for the act or
  403  omission in the county in which the act or omission was
  404  committed, in the county of the last registered address of the
  405  sexual offender, in the county in which the conviction occurred
  406  for the offense or offenses that meet the criteria for
  407  designating a person as a sexual offender, in the county where
  408  the sexual offender was released from incarceration, or in the
  409  county of the intended address of the sexual offender as
  410  reported by the offender prior to his or her release from
  411  incarceration.
  412         (d)(c) An arrest on charges of failure to register when the
  413  offender has been provided and advised of his or her statutory
  414  obligations to register under subsection (2), the service of an
  415  information or a complaint for a violation of this section, or
  416  an arraignment on charges for a violation of this section
  417  constitutes actual notice of the duty to register. A sexual
  418  offender’s failure to immediately register as required by this
  419  section following such arrest, service, or arraignment
  420  constitutes grounds for a subsequent charge of failure to
  421  register. A sexual offender charged with the crime of failure to
  422  register who asserts, or intends to assert, a lack of notice of
  423  the duty to register as a defense to a charge of failure to
  424  register shall immediately register as required by this section.
  425  A sexual offender who is charged with a subsequent failure to
  426  register may not assert the defense of a lack of notice of the
  427  duty to register.
  428         (d) Registration following such arrest, service, or
  429  arraignment is not a defense and does not relieve the sexual
  430  offender of criminal liability for the failure to register.
  431         Section 3. For the purpose of incorporating the amendments
  432  made by this act to sections 775.21 and 943.0435, Florida
  433  Statutes, in references thereto, section 775.25, Florida
  434  Statutes, is reenacted to read:
  435         775.25 Prosecutions for acts or omissions.—A sexual
  436  predator or sexual offender who commits any act or omission in
  437  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
  438  944.607, or former s. 947.177 may be prosecuted for the act or
  439  omission in the county in which the act or omission was
  440  committed, in the county of the last registered address of the
  441  sexual predator or sexual offender, in the county in which the
  442  conviction occurred for the offense or offenses that meet the
  443  criteria for designating a person as a sexual predator or sexual
  444  offender, in the county where the sexual predator or sexual
  445  offender was released from incarceration, or in the county of
  446  the intended address of the sexual predator or sexual offender
  447  as reported by the predator or offender prior to his or her
  448  release from incarceration. In addition, a sexual predator may
  449  be prosecuted for any such act or omission in the county in
  450  which he or she was designated a sexual predator.
  451         Section 4. For the purpose of incorporating the amendment
  452  made by this act to section 775.21, Florida Statutes, in a
  453  reference thereto, paragraph (d) of subsection (1) of section
  454  944.606, Florida Statutes, is reenacted to read:
  455         944.606 Sexual offenders; notification upon release.—
  456         (1) As used in this section, the term:
  457         (d) “Permanent residence,” “temporary residence,” and
  458  “transient residence” have the same meaning as provided in s.
  459  775.21.
  460         Section 5. For the purpose of incorporating the amendment
  461  made by this act to section 775.21, Florida Statutes, in a
  462  reference thereto, paragraph (d) of subsection (1) of section
  463  985.481, Florida Statutes, is reenacted to read:
  464         985.481 Sexual offenders adjudicated delinquent;
  465  notification upon release.—
  466         (1) As used in this section:
  467         (d) “Permanent residence,” “temporary residence,” and
  468  “transient residence” have the same meaning as provided in s.
  469  775.21.
  470         Section 6. For the purpose of incorporating the amendment
  471  made by this act to section 775.21, Florida Statutes, in a
  472  reference thereto, paragraph (f) of subsection (1) of section
  473  985.4815, Florida Statutes, is reenacted to read:
  474         985.4815 Notification to Department of Law Enforcement of
  475  information on juvenile sexual offenders.—
  476         (1) As used in this section, the term:
  477         (f) “Permanent residence,” “temporary residence,” and
  478  “transient residence” have the same meaning as provided in s.
  479  775.21.
  480         Section 7. This act shall take effect July 1, 2018.