Senate Bill 1992
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Florida Senate - 1998 SB 1992
By Senator Burt
16-1135-98
1 A bill to be entitled
2 An act relating to criminal law; amending s.
3 775.13, F.S.; providing exemptions from
4 registration requirements for certain convicted
5 felons; amending s. 775.21, F.S.; revising the
6 Florida Sexual Predators Act; defining terms;
7 prescribing criteria and procedures for
8 designation as a sexual predator; requiring
9 fingerprints and blood specimens for DNA
10 analysis; prescribing registration and
11 notification requirements; providing for
12 removal of designation as a sexual predator;
13 providing penalties for failing to comply with
14 duties imposed on persons so designated;
15 prohibiting misuse and misrepresentation of
16 public records information and providing
17 penalties; amending s. 943.043, F.S.; providing
18 civil immunity for certain persons and entities
19 who provide information regarding sexual
20 offenders and sexual predators; amending s.
21 943.0435, F.S; specifying sexual offenders who
22 must report and identify themselves; revising
23 reporting requirements; providing civil
24 immunity for specified persons and entities who
25 administer such reporting requirements;
26 providing for certain persons to be relieved
27 from such reporting requirements; amending ss.
28 944.605, 947.177, F.S.; prescribing penalties
29 for inmates who refuse to submit to the taking
30 of a digitized photograph; amending ss.
31 944.606, 944.607, F.S.; revising provisions
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1 governing notification concerning the release
2 of sexual offenders; specifying persons with
3 respect to whom such provisions apply;
4 providing civil immunity for specified persons
5 and entities who release information concerning
6 such offenders; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Section 775.13, Florida Statutes, is
11 amended to read:
12 775.13 Registration of convicted felons, exemptions;
13 penalties.--
14 (1) Any person who has been convicted of a felony in
15 any court of this state shall, within 48 hours after entering
16 any county in this state, register with the sheriff of said
17 county, be fingerprinted and photographed, and list the crime
18 for which convicted, place of conviction, sentence imposed, if
19 any, name, aliases, if any, address, and occupation.
20 (2) Any person who has been convicted of a crime in
21 any federal court or in any court of a state other than
22 Florida, or of any foreign state or country, which crime if
23 committed in Florida would be a felony, shall forthwith within
24 48 hours after entering any county in this state register with
25 the sheriff of said county in the same manner as provided for
26 in subsection (1).
27 (3) Any person who is within any county of the state
28 as of October 1, 1997, shall register with the sheriff of such
29 county by December 1, 1997, if such person would be required
30 to register under the terms of subsection (1) or subsection
31 (2), if he or she were entering such county.
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1 (4) In lieu of registering with the sheriff as
2 required by this section, such registration may be made with
3 the Department of Law Enforcement, and is subject to the same
4 terms and conditions as required for registration with the
5 sheriff.
6 (5) This section does not apply to an offender:
7 (a) Who has had his or her civil rights restored;
8 (b) Who has received a full pardon for the offense for
9 which convicted;
10 (c) Who has been lawfully released from incarceration
11 or other sentence or supervision for a felony conviction for
12 more than 5 years prior to such time for registration, unless
13 the offender is a fugitive from justice on a felony charge or
14 has been convicted of any offense since release from such
15 incarceration or other sentence or supervision;
16 (d) Who is a parolee or probationer under the
17 supervision of the United States Parole Commission if the
18 commission knows of and consents to the presence of the
19 offender in Florida or is a probationer under the supervision
20 of any federal probation officer in the state or who has been
21 lawfully discharged from such parole or probation; or
22 (e) Who is a sexual predator and has registered as
23 required under s. 775.21; or.
24 (f) Who is a sexual offender and has registered as
25 required in s. 944.607.
26 (6) Failure of any such convicted felon to comply with
27 this section constitutes a misdemeanor of the second degree,
28 punishable as provided in s. 775.082 or s. 775.083.
29 (7) All laws and parts of laws in conflict herewith
30 are hereby repealed, provided that nothing in this section
31 shall be construed to affect any law of this state relating to
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1 registration of criminals where the penalties are in excess of
2 those imposed by this section.
3 Section 2. Section 775.21, Florida Statutes, is
4 amended to read:
5 775.21 The Florida Sexual Predators Act; definitions;
6 legislative findings, purpose, and intent; criteria;
7 designation; registration; community and public notification;
8 immunity; penalties.--
9 (1) SHORT TITLE.--This section may be cited as "The
10 Florida Sexual Predators Act."
11 (2) DEFINITIONS.--As used in this section, the term:
12 (a) "Chief of police" means the chief law enforcement
13 officer of a municipality.
14 (b) "Community" means any county where the sexual
15 predator lives or otherwise establishes or maintains a
16 temporary or permanent residence.
17 (c) "Conviction" means a determination of guilt which
18 is the result of a trial or the entry of a plea of guilty of
19 nolo contendere, regardless of whether adjudication is
20 withheld.
21 (d)(c) "Department" means the Department of Law
22 Enforcement.
23 (e)(d) "Entering the county" includes being discharged
24 from a correctional facility or jail or secure treatment
25 facility within the county or being under supervision within
26 the county for the commission of a violation enumerated in
27 subsection (4).
28 (f) "Permanent residence" means a place where the
29 person abides, lodges, or resides for 14 or more days,
30 regardless of whether the days are consecutive.
31
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1 (g)(e) "Temporary residence" means a place where the
2 person abides, lodges, or resides for less than 14 days,
3 regardless of whether the days are consecutive or a place
4 where the person is employed, practices a vocation, or is
5 enrolled as a student for any period of time. A stay of less
6 than 14 days at a residence or place other than the person's
7 permanent or temporary residence due to a vacation, emergency,
8 or special circumstance that requires the person to leave his
9 or her permanent or temporary residence is not a temporary
10 residence. a stay of 2 or more weeks.
11 (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
12 INTENT.--
13 (a) Repeat sexual sex offenders, sexual sex offenders
14 who use physical violence, and sexual sex offenders who prey
15 on children are sexual predators who present an extreme threat
16 to the public safety. Sexual Sex offenders are extremely
17 likely to use physical violence and to repeat their offenses,
18 and most sexual sex offenders commit many offenses, have many
19 more victims than are ever reported, and are prosecuted for
20 only a fraction of their crimes. This makes the cost of sexual
21 sex offender victimization to society at large, while
22 incalculable, clearly exorbitant.
23 (b) The high level of threat that a sexual predator
24 presents to the public safety, and the long-term effects
25 suffered by victims of sex offenses, provide the state with
26 sufficient justification to implement a strategy that
27 includes:
28 1. Incarcerating sexual predators and maintaining
29 adequate facilities to ensure that decisions to release sexual
30 predators into the community are not made on the basis of
31 inadequate space.
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1 2. Providing for specialized supervision of sexual
2 predators who are in the community by specially trained
3 probation officers with low caseloads, as described in ss.
4 947.1405(7) and 948.03(5). The sexual predator is subject to
5 specified terms and conditions implemented at sentencing or at
6 the time of release from incarceration, with a requirement
7 that those who are financially able must pay all or part of
8 the costs of supervision.
9 3. Requiring the registration of sexual predators,
10 with a requirement that complete and accurate information be
11 maintained and accessible for use by law enforcement
12 authorities, communities, and the public.
13 4. Providing for community and public notification
14 concerning the presence of sexual predators.
15 5. Prohibiting sexual predators from working with
16 children, either for compensation or as a volunteer.
17 (c) The state has a compelling interest in protecting
18 the public from sexual predators and in protecting children
19 from predatory sexual activity, and there is sufficient
20 justification for requiring sexual predators to register and
21 for requiring community and public notification of the
22 presence of sexual predators.
23 (d) It is the purpose of the Legislature that, upon
24 the court's written finding that an offender is a sexual
25 predator, in order to protect the public, it is necessary that
26 the sexual predator be registered with the department and that
27 the community and the public be notified of the sexual
28 predator's presence. The designation of a person as a sexual
29 predator is neither a sentence nor a punishment but simply a
30 status resulting from the conviction of certain crimes.
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1 (e) It is the intent of the Legislature to address the
2 problem of sexual predators by:
3 1. Requiring sexual predators supervised in the
4 community to have special conditions of supervision and to be
5 supervised by probation officers with low caseloads;
6 2. Requiring sexual predators to register with the
7 Florida Department of Law Enforcement, as provided in this
8 section; and
9 3. Requiring community and public notification of the
10 presence of a sexual predator, as provided in this section.
11 (4) SEXUAL PREDATOR CRITERIA.--
12 (a) For a current offense committed on or after
13 October 1, 1993, and before October 1, 1995:
14 1. An offender who was found by the court under former
15 s. 775.22 or former s. 775.23 to be a sexual predator is a
16 "sexual predator" if the court made a written finding that the
17 offender was a sexual predator at the time of sentencing, as
18 required by former s. 775.23. Such sexual predator must
19 register or be registered as a sexual predator with the
20 department as provided in subsection (6), and is subject to
21 community and public notification as provided in subsection
22 (7). Upon notification of the presence of a sexual predator,
23 the sheriff of the county or the chief of police of the
24 municipality where the sexual predator establishes or
25 maintains a permanent or temporary residence temporarily or
26 permanently resides shall notify the community and the public
27 of the presence of the sexual predator in a manner deemed
28 appropriate by the sheriff or the chief of police.
29 2. If an offender has been registered as a sexual
30 predator by the Department of Corrections, the department, or
31 any other law enforcement agency and:
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1 a. The court did not, for whatever reason, make a
2 written finding at the time of sentencing that the offender
3 was a sexual predator, or
4 b. The offender was administratively registered as a
5 sexual predator because the Department of Corrections, the
6 department, or any other law enforcement agency obtained
7 information which indicated that the offender met the sexual
8 predator criteria based on a violation of a similar law in
9 another jurisdiction,
10
11 the department shall remove that offender from the
12 department's sexual predator list, and shall notify the state
13 attorney who prosecuted the offense that triggered the
14 administrative sexual predator designation for offenders
15 described in sub-subparagraph a., or the state attorney of the
16 county where the offender establishes or maintains a permanent
17 or temporary residence permanently or temporarily resides on
18 October 1, 1996, for offenders described in sub-subparagraph
19 b. The state attorney may bring the matter to the court's
20 attention in order to establish that the offender meets the
21 sexual predator criteria. If the court then makes a written
22 finding that the offender is a sexual predator, the offender
23 is designated as a sexual predator, and must register or be
24 registered as a sexual predator with the department as
25 provided in subsection (6), and is subject to community and
26 public notification requirements as provided in subsection
27 (7). If the court does not make a written finding that the
28 offender is a sexual predator, the offender is not designated
29 as a sexual predator with respect to that offense, is not
30 required to register or be registered as a sexual predator
31
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1 with the department, and is not subject to community and
2 public notification.
3 (b) For a current offense committed on or after
4 October 1, 1995, and before October 1, 1996:
5 1. An offender who was found by the court under former
6 s. 775.22 or former s. 775.23 to be a sexual predator is a
7 "sexual predator" if the court made a written finding that the
8 offender was a sexual predator at the time of sentencing, as
9 required by former s. 775.23. Such sexual predator must
10 register or be registered with the department as provided in
11 subsection (6), and is subject to community and public
12 notification as provided in subsection (7). Upon notification
13 of the presence of a sexual predator, the sheriff of the
14 county or the chief of police of the municipality where the
15 sexual predator establishes or maintains a permanent or
16 temporary residence temporarily or permanently resides shall
17 notify the community and the public of the presence of the
18 sexual predator in a manner deemed appropriate by the sheriff
19 or the chief of police.
20 2. If an offender has been registered as a sexual
21 predator by the Department of Corrections, the department, or
22 any other law enforcement agency and:
23 a. The court did not, for whatever reason, make a
24 written finding at the time of sentencing that the offender
25 was a sexual predator, or
26 b. The offender was administratively registered as a
27 sexual predator because the Department of Corrections, the
28 department, or any other law enforcement agency obtained
29 information which indicated that the offender met the sexual
30 predator criteria based on a violation of a similar law in
31 another jurisdiction,
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1
2 the department shall remove that offender from the
3 department's sexual predator list, and shall notify the state
4 attorney who prosecuted the offense that triggered the
5 administrative sexual predator designation for offenders
6 described in sub-subparagraph a., or the state attorney of the
7 county where the offender establishes or maintains a permanent
8 or temporary residence permanently or temporarily resides on
9 October 1, 1996, for offenders described in sub-subparagraph
10 b. The state attorney may bring the matter to the court's
11 attention in order to establish that the offender meets the
12 sexual predator criteria. If the court makes a written finding
13 that the offender is a sexual predator, the offender is
14 designated as a sexual predator, must register or be
15 registered as a sexual predator with the department as
16 provided in subsection (6), and is subject to the community
17 and public notification as provided in subsection (7)
18 provisions under former s. 775.225. If the court does not make
19 a written finding that the offender is a sexual predator, the
20 offender is not designated as a sexual predator with respect
21 to that offense and is not required to register or be
22 registered as a sexual predator with the department.
23 (c) For a current offense committed on or after
24 October 1, 1996, upon conviction, an offender shall be
25 designated as a "sexual predator" under subsection (5), and
26 subject to registration under subsection (6) and community and
27 public notification under subsection (7) if:
28 1. The felony meets the criteria of former ss.
29 775.22(2) and 775.23(2), specifically, the felony is:
30 a. A capital, life, or first degree felony violation
31 of s. 787.01 or s. 787.02, where the victim is a minor and the
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1 defendant is not the victim's parent, of chapter 794 or s.
2 847.0145, or of a similar law of another jurisdiction; or
3 b. Any second degree or greater felony violation of s.
4 787.01 or s. 787.02, where the victim is a minor and the
5 defendant is not the victim's parent, of chapter 794, of s.
6 796.03, s. 800.04, s. 825.1025(2)(b), s. 827.071, or s.
7 847.0145, or of a similar law of another jurisdiction, and the
8 offender has previously been convicted of or found to have
9 committed, or has pled nolo contendere or guilty to,
10 regardless of adjudication, any violation of s. 787.01 or s.
11 787.02, where the victim is a minor and the defendant is not
12 the victim's parent, of s. 794.011(2), (3), (4), (5), or (8),
13 s. 794.023, s. 796.03, s. 800.04, s. 825.1025, s. 827.071, s.
14 847.0133, s. 847.0135, or s. 847.0145, or of a similar law of
15 another jurisdiction;
16 2. The offender has not received a pardon for any
17 felony or similar law of another jurisdiction that is
18 necessary for the operation of this paragraph; and
19 3. A conviction of a felony or similar law of another
20 jurisdiction necessary to the operation of this paragraph has
21 not been set aside in any postconviction proceeding.
22 (d) In order to be counted as a prior felony for
23 purposes of this subsection, the felony must have resulted in
24 a conviction sentenced separately, or an adjudication of
25 delinquency entered separately, prior to the current offense
26 and sentenced or adjudicated separately from any other felony
27 conviction that is to be counted as a prior felony. If the
28 offender's prior enumerated felony was committed more than 10
29 years before the primary offense, it shall not be considered a
30 prior felony under this subsection if the offender has not
31 been convicted of any other crime for a period of 10
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1 consecutive years from the most recent date of release from
2 confinement, supervision, or sanction, whichever is later.
3 (e) "Conviction" means a determination of guilt that
4 is the result of a plea or a trial, regardless of whether
5 adjudication is withheld.
6 (5) SEXUAL PREDATOR DESIGNATION.--For a current
7 offense committed on or after October 1, 1996, an offender is
8 designated as a sexual predator as follows:
9 (a)1. An offender who meets the sexual predator
10 criteria described in paragraph (4)(c) who is before the court
11 for sentencing for a current offense committed on or after
12 October 1, 1996, is a sexual predator, and the sentencing
13 court must make a written finding at the time of sentencing
14 that the offender is a sexual predator, and the clerk of the
15 court shall transmit a copy of the order containing the
16 written finding to the department within 10 days after the
17 entry of the order; or
18 2. If the Department of Corrections, the department,
19 or any other law enforcement agency obtains information which
20 indicates that an offender who establishes or maintains a
21 permanent or temporary residence permanently or temporarily
22 resides in this state meets the sexual predator criteria
23 described in paragraph (4)(c) because the offender committed a
24 similar violation in another jurisdiction on or after October
25 1, 1996, the Department of Corrections, the department, or the
26 law enforcement agency shall notify the state attorney of the
27 county where the offender establishes or maintains a permanent
28 or temporary residence permanently or temporarily resides of
29 the offender's presence in the community. The state attorney
30 shall file a petition with the criminal division of the
31 circuit court for the purpose of holding a hearing to
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1 determine if the offender's criminal record from another
2 jurisdiction meets the sexual predator criteria. If the court
3 finds that the offender meets the sexual predator criteria
4 because the offender has violated a similar law or similar
5 laws in another jurisdiction, the court shall make a written
6 finding that the offender is a sexual predator.
7
8 When the court makes a written finding that an offender is a
9 sexual predator, the court shall inform the sexual predator of
10 the registration and community and public notification
11 requirements described in this section. Within 48 hours of the
12 court designating an offender as a sexual predator, the clerk
13 of the circuit court shall transmit a copy of the court's
14 written sexual predator finding to the department. If the
15 offender is sentenced to a term of imprisonment or
16 supervision, a copy of the court's written sexual predator
17 finding must be submitted to the Department of Corrections.
18 (b) If a sexual predator is not sentenced to a term of
19 imprisonment:
20 1. The clerk of the court shall assure that the sexual
21 predator's fingerprints are taken and forwarded to the
22 department within 48 hours after the court renders its written
23 sexual predator finding; and
24 2. The court shall order the sexual predator to
25 provide to the department a blood specimen for DNA
26 identification purposes, and shall specify the process by
27 which the sexual predator must promptly provide the department
28 with the blood specimen. The state attorney may seek an order
29 mandating the appearance of the sexual predator at a date,
30 time, and place certain to provide a blood specimen if it is
31 demonstrated that there is probable cause to believe the
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1 sexual predator has failed to provide a blood sample or if a
2 sample previously provided was insufficient to permit DNA
3 identification. An arrest warrant may be issued if the sexual
4 predator fails to appear as mandated. The sexual predator must
5 bear all costs of securing the sample.
6 (c)(b) If the Department of Corrections, the
7 department, or any other law enforcement agency obtains
8 information which indicates that an offender meets the sexual
9 predator criteria but the court did not make a written finding
10 that the offender is a sexual predator as required in
11 paragraph (a), the Department of Corrections, the department,
12 or the law enforcement agency shall notify the state attorney
13 who prosecuted the offense for offenders described in
14 subparagraph (a)1., or the state attorney of the county where
15 the offender establishes or maintains a residence temporarily
16 or permanently resides upon first entering the state for
17 offenders described in subparagraph (a)2. The state attorney
18 shall bring the matter to the court's attention in order to
19 establish that the offender meets the sexual predator
20 criteria. If the state attorney fails to establish that an
21 offender meets the sexual predator criteria and the court does
22 not make a written finding that an offender is a sexual
23 predator, the offender is not required to register with the
24 department as a sexual predator, and the department and other
25 law enforcement agencies are not authorized to inform the
26 community and the public of the offender's presence. The
27 offender must comply with the convicted felon registration
28 requirements under s. 775.13. The Department of Corrections,
29 the department, or any other law enforcement agency shall not
30 administratively designate an offender as a sexual predator
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1 without a written finding from the court that the offender is
2 a sexual predator.
3 (d) A person who establishes or maintains a residence
4 in this state and who has not been designated as a sexual
5 predator by a court of this state, but who has been designated
6 as a sexual predator, sexually violent predator, or another
7 sexual offender designation in another state or jurisdiction
8 and was, as a result of such designation, subjected to
9 mandatory registration and to community or public
10 notification, shall register in the manner provided in
11 subsection (6) and shall be subject to community or public
12 notification as provided in subsection (7). A person who meets
13 the criteria of this section is subject to the requirements
14 and penalty provisions of this section until the person's
15 designation has been removed by the court imposing the
16 designation.
17 (6) REGISTRATION.--
18 (a) A sexual predator must register with the
19 department by providing the following information to the
20 department:
21 1. Name, social security number, age, race, sex, date
22 of birth, height, weight, hair and eye color, photograph,
23 address of legal residence and, address of any current
24 temporary residence, including a rural route address but not a
25 post office box, date and place of any employment, date and
26 place of each conviction, fingerprints, and a brief
27 description of the crime or crimes committed by the offender.
28 2. Any other information determined necessary by the
29 department, including criminal and corrections records,
30 nonprivileged personnel, treatment, and abuse registry
31 records, and evidentiary genetic markers when available.
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1
2 If the sexual predator is in the custody or control of, or
3 under the supervision of, the Department of Corrections, or is
4 in the custody of a private correctional facility or local
5 jail, the sexual predator must register with the Department
6 of Corrections; and the Department of Corrections shall, as
7 soon as the information is in the agency's database, notify
8 the department that the sexual predator is registered. The
9 custodian of the local jail in which a sexual predator is
10 incarcerated shall notify the Department of Corrections that
11 the sexual predator is registered.
12 (b) If the sexual predator is not in the custody or
13 control of, or under the supervision of, the Department of
14 Corrections, or is not in the custody of a private
15 correctional facility, and establishes or maintains a
16 residence permanently or temporarily resides in the state, the
17 sexual predator shall initially register in person at an
18 office of the department, or at the sheriff's office in the
19 county in which the predator establishes or maintains a
20 residence permanently or temporarily resides, within 48 hours
21 after establishing permanent or temporary residence in this
22 state. If a sexual predator registers with the sheriff's
23 office, the sheriff shall take a photograph and a set of
24 fingerprints of the predator and forward the photographs and
25 fingerprints to the department, along with the information
26 that the predator is required to provide pursuant to this
27 section.
28 (c) Within 48 hours after Subsequent to the initial
29 registration required under paragraph (a) or paragraph (b), a
30 sexual predator who is not incarcerated and who resides in the
31 community, including a sexual predator under the supervision
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1 of the Department of Corrections, shall register in person at
2 a driver's license office of the Department of Highway Safety
3 and Motor Vehicles and shall present proof of initial
4 registration within 48 hours after any change in the
5 predator's permanent or temporary residence. At the driver's
6 license office the sexual predator shall:
7 1. If otherwise qualified, secure a Florida driver's
8 license, renew a Florida driver's license, or secure an
9 identification card. The sexual predator shall identify
10 himself or herself as a sexual predator who is required to
11 comply with this section, provide his or her place of
12 permanent or temporary residence, including a rural route
13 address but not a post office box, and submit to the taking of
14 a photograph for use in issuing a driver's license, renewed
15 license, or identification card, and for use by the department
16 in maintaining current records of sexual predators.
17 2. Pay the costs assessed by the Department of Highway
18 Safety and Motor Vehicles for issuing or renewing a driver's
19 license or identification card as required by this section.
20 3. Provide, upon request, any additional information
21 necessary to confirm the identity of the sexual predator,
22 including a set of fingerprints.
23 (d) Each time a sexual predator's driver's license or
24 identification card is subject to renewal, and within 48 hours
25 after any change of the predator's residence, the predator
26 shall report in person to a driver's license office,
27 regardless of whether the predator's residence has changed,
28 and shall be subject to the requirements specified in
29 paragraph (c). The Department of Highway Safety and Motor
30 Vehicles shall forward to the department and to the Department
31 of Corrections all photographs and information provided by
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1 sexual predators. Notwithstanding the restrictions set forth
2 in s. 322.142, the Department of Highway Safety and Motor
3 Vehicles is authorized to release a reproduction of a
4 color-photograph or digital-image license to the Department of
5 Law Enforcement for purposes of public notification of sexual
6 predators as provided in this section.
7 (e) If the sexual predator initially registers at an
8 office of the department, the department must notify the
9 sheriff and the state attorney of the county and, if
10 applicable, the police chief of the municipality, where the
11 sexual predator maintains a residence permanently or
12 temporarily resides within 48 hours after the sexual predator
13 registers with the department.
14 (f)1. The department is responsible for the on-line
15 maintenance of current information regarding each registered
16 sexual predator. The department must maintain hotline access
17 for state, local, and federal law enforcement agencies to
18 obtain instantaneous locator file and offender characteristics
19 information on all released registered sexual predators for
20 purposes of monitoring, tracking, and prosecution. The
21 photograph and fingerprints do not have to be stored in a
22 computerized format.
23 2. The department's sexual predator registration list,
24 containing the information described in subparagraph (a)1., is
25 a public record. The department is authorized to disseminate
26 this public information by any means deemed appropriate,
27 including operating a toll-free "900" telephone number for
28 this purpose. When the department provides information
29 regarding a registered sexual predator to the public,
30 department personnel must advise the person making the inquiry
31 that positive identification of a person believed to be a
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1 sexual predator cannot be established unless a fingerprint
2 comparison is made, and that it is illegal to use public
3 information regarding a registered sexual predator to
4 facilitate the commission of a crime.
5 3. The department shall adopt guidelines as necessary
6 regarding the registration of sexual predators and the
7 dissemination of information regarding sexual predators as
8 required by this section.
9 (g) A sexual predator must maintain registration with
10 the department for the duration of his or her life, unless the
11 sexual predator has had his or her civil rights restored, or
12 has received a full pardon or has had a conviction set aside
13 in a postconviction proceeding for any felony sex offense that
14 met the criteria for the sexual predator designation. However,
15 a sexual predator who has been lawfully released from
16 confinement, supervision, or sanction, whichever is later, for
17 at least 20 10 years and has not been arrested for any felony
18 or misdemeanor offense since release, may petition the
19 criminal division of the circuit court in the circuit in which
20 the sexual predator resides for the purpose of removing the
21 sexual predator designation. The court may has the discretion
22 to grant or deny such relief if the petitioner demonstrates to
23 the court that he or she has not been arrested for any crime
24 since release, the requested relief complies with federal
25 standards applicable to the removal of the designation as a
26 sexual predator, and the court is otherwise satisfied that the
27 petitioner is not a current or potential threat to public
28 safety. The state attorney in the circuit in which the
29 petition is filed must be given notice of the petition at
30 least 3 weeks before the hearing on the matter. The state
31 attorney may present evidence in opposition to the requested
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1 relief or may otherwise demonstrate the reasons why the
2 petition should be denied. If the court denies the petition,
3 the court may set a future date at which the sexual predator
4 may again petition the court for relief, subject to the
5 standards for relief provided in this paragraph.
6 (7) COMMUNITY AND PUBLIC NOTIFICATION.--
7 (a) Law enforcement agencies must inform the community
8 and the public of a sexual predator's presence. Upon
9 notification of the presence of a sexual predator, the sheriff
10 of the county or the chief of police of the municipality where
11 the sexual predator establishes or maintains a permanent or
12 temporary residence temporarily or permanently resides shall
13 notify the community and the public of the presence of the
14 sexual predator in a manner deemed appropriate by the sheriff
15 or the chief of police. Information provided to the community
16 and the public regarding a sexual predator must include:
17 1. The name of the sexual predator;
18 2. A description of the sexual predator, including a
19 photograph;
20 3. The sexual predator's current address, including
21 the name of the county or municipality if known;
22 4. The circumstances of the sexual predator's offense
23 or offenses; and
24 5. Whether the victim of the sexual predator's offense
25 or offenses was, at the time of the offense, a minor or an
26 adult.
27
28 This paragraph does not authorize the release of the name of
29 any victim of the sexual predator.
30 (b) The sheriff or the police chief may coordinate the
31 community and public notification efforts with the department.
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1 Statewide notification to the public is authorized, as deemed
2 appropriate by local law enforcement personnel and the
3 department.
4 (c) The department may shall notify the public of all
5 designated sexual predators through the Internet. The
6 Internet notice shall include the information required by
7 paragraph (a).
8 (d) The department shall adopt a protocol to assist
9 law enforcement agencies in their efforts to notify the
10 community and the public of the presence of sexual predators.
11 The department, in consultation and cooperation with the
12 Department of Highway Safety and Motor Vehicles, shall
13 determine the feasibility of requiring sexual predators to
14 have a special designation on any drivers license,
15 identification card, or license tag issued in this state.
16 (8) IMMUNITY.--When the court has made a written
17 finding that an offender is a sexual predator, an elected or
18 appointed official, public employee, or agency is immune from
19 civil liability for damages resulting from the release of
20 information under this section.
21 (9) PENALTIES.--
22 (a) Except as otherwise specifically provided, a
23 sexual predator who fails to register or who fails, after
24 registration, to maintain, acquire, or renew a driver's
25 license or identification card or provide required location
26 information, or who otherwise fails, by act or omission, to
27 comply with the requirements of this section, commits a felony
28 of the third degree, punishable as provided in s. 775.082, s.
29 775.083, or s. 775.084.
30 (b) A sexual predator who has been convicted of or
31 found to have committed, or has pled nolo contendere or guilty
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1 to, regardless of adjudication, any violation of s.
2 794.011(2), (3), (4), (5), or (8), s. 794.023, s. 800.04, s.
3 827.071, s. 847.0133, or s. 847.0145, or of a similar law of
4 another jurisdiction, when the victim of the offense was a
5 minor, and who works, whether for compensation or as a
6 volunteer, at any business, school, day care center, park,
7 playground, or other place where children regularly
8 congregate, commits a felony of the third degree, punishable
9 as provided in s. 775.082, s. 775.083, or s. 775.084.
10 (c) Any person who misuses public records information
11 relating to sexual predators to secure a payment from a sexual
12 predator; who knowingly distributes or publishes information
13 relating to sexual predators which the person misrepresents as
14 being public records information; or who materially alters
15 public records information, including documents, summaries of
16 public records information provided by law enforcement
17 agencies, or public records information displayed by law
18 enforcement agencies on web sites or provided through other
19 means of communication, commits a misdemeanor of the first
20 degree, punishable as provided in s. 775.082 or s. 775.083.
21 Section 3. Section 943.043, Florida Statutes, is
22 amended to read:
23 943.043 Toll-free telephone number; sexual-offender
24 sex-offender information.--
25 (1) The department shall provide, through a toll-free
26 telephone number, public access to information regarding
27 sexual sex offenders which is not confidential or exempt from
28 public disclosure and which is reported to the department by
29 the Department of Corrections as provided in s. 944.607 or by
30 a sexual sex offender as provided in s. 943.0435.
31
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1 (2) The department shall provide to any person, upon
2 request and at a reasonable cost determined by the department,
3 a copy of the photograph of any sexual sex offender or sexual
4 predator which the department maintains in its files and a
5 printed summary of the information that is available to the
6 public under this section.
7 (3) The department, and its personnel, and any
8 individual or entity acting at the bequest or upon the
9 direction of the department are immune from civil liability
10 for damages for good-faith good faith compliance with this
11 section and will shall be presumed to have acted in good faith
12 by reporting information. The presumption of good faith is not
13 overcome if technical or clerical errors are made by the
14 department, and its personnel, or any individual or entity
15 acting at the bequest or upon the direction of the department
16 in reporting the information, if the department and its
17 personnel are unable to report information because the
18 information has not been provided or reported by a person or
19 agency required to provide or report the information to the
20 department, or if the department, and its personnel, or any
21 individual or entity acting at the bequest or upon the
22 direction of the department reports report information that
23 was falsely reported without the knowledge of the department,
24 and its personnel, or such individual or entity.
25 Section 4. Section 943.0435, Florida Statutes, is
26 amended to read:
27 943.0435 Sexual Sex offenders required to report to
28 the department; penalty.--
29 (1) As used in this section, the term:
30 (a) "Sexual Sex offender" means a person who has been:
31
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1 1. Convicted of committing, or attempting, soliciting,
2 or conspiring to commit, any of the criminal offenses
3 proscribed in the following statutes in this state or
4 analogous offenses in another jurisdiction: s. 787.01 or s.
5 787.02, where the victim is a minor and the defendant is not
6 the victim's parent; s. 787.025;, chapter 794; or, s. 796.03,
7 s. 800.04, s. 825.1025, s. 827.071, s. 847.0133, s. 847.0135,
8 s. 847.0145;, or any similar offense committed in this state
9 which has been redesignated from a former statute number to
10 one of those listed in this subparagraph. Conviction of an
11 analogous offense includes, but is not limited to, a
12 conviction by a federal or military tribunal, including a
13 court-martial conducted by the Armed Forces of the United
14 States, and includes a conviction in any state of the United
15 States.
16 2. Released on or after October 1, 1997, from the
17 sanction imposed for any conviction of an offense described in
18 subparagraph 1. For purposes of subparagraph 1., a sanction
19 imposed in this state or in any other jurisdiction includes,
20 but is not limited to, a fine, probation, community control,
21 parole, conditional release, control release, or incarceration
22 in a state prison, federal prison, private correctional
23 facility, or local detention facility.
24 (b) "Convicted" means the person has been determined
25 guilty as a result of a plea or a trial or a plea of guilty or
26 nolo contendere, regardless of whether adjudication is
27 withheld.
28 (c) "Permanent residence" and "temporary residence"
29 have the same meaning ascribed in s. 775.21.
30 (2) A sexual sex offender shall initially report in
31 person at an office of the department, or at the sheriff's
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1 office in the county in which the offender establishes or
2 maintains a permanent or temporary residence permanently or
3 temporarily resides, within 48 hours after establishing
4 permanent or temporary residence in this state. A sex offender
5 permanently resides in this state if the offender abides,
6 lodges, or resides in a place for more than 2 consecutive
7 weeks. A sex offender temporarily resides in this state if the
8 offender abides, lodges, or resides in a place for 2
9 consecutive weeks or less, excluding a stay of 2 consecutive
10 weeks or less at a different residence due to a vacation or an
11 emergency or special circumstance that requires the sex
12 offender to leave his or her place of permanent or temporary
13 residence for 2 weeks or less. The sexual sex offender shall
14 provide his or her name, date of birth, social security
15 number, race, sex, height, weight, hair and eye color, tattoos
16 or other identifying marks, address of permanent or legal
17 residence, or address of any current temporary residence,
18 including a rural route address but not a post office box,
19 date and place of each conviction, and a brief description of
20 the crime or crimes committed by the offender. If a sexual sex
21 offender reports at the sheriff's office, the sheriff shall
22 take a photograph and a set of fingerprints of the offender
23 and forward the photographs and fingerprints to the
24 department, along with the information provided by the sexual
25 sex offender.
26 (3) Within 48 hours after the Subsequent to the
27 initial report required under subsection (2), a sexual sex
28 offender shall report in person at a driver's license office
29 of the Department of Highway Safety and Motor Vehicles within
30 48 hours after any change in the offender's permanent or
31
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1 temporary residence. At the driver's license office the sexual
2 sex offender shall:
3 (a) If otherwise qualified, secure a Florida driver's
4 license, renew a Florida driver's license, or secure an
5 identification card. The sexual sex offender shall identify
6 himself or herself as a sexual sex offender who is required to
7 comply with this section and shall provide proof that the
8 sexual offender initially reported as required in subsection
9 (2). The sexual sex offender shall provide any of the
10 information specified in subsection (2), if requested. The
11 sexual sex offender shall submit to the taking of a photograph
12 for use in issuing a driver's license, renewed license, or
13 identification card, and for use by the department in
14 maintaining current records of sexual sex offenders.
15 (b) Pay the costs assessed by the Department of
16 Highway Safety and Motor Vehicles for issuing or renewing a
17 driver's license or identification card as required by this
18 section.
19 (c) Provide, upon request, any additional information
20 necessary to confirm the identity of the sexual sex offender,
21 including a set of fingerprints.
22 (4) Each time a sexual sex offender's driver's license
23 or identification card is subject to renewal, and within 48
24 hours after any change in the offender's permanent or
25 temporary residence, the offender shall report in person to a
26 driver's license office, regardless of whether the offender's
27 residence has changed, and shall be subject to the
28 requirements specified in subsection (3). The Department of
29 Highway Safety and Motor Vehicles shall forward to the
30 department all photographs and information provided by sexual
31 sex offenders. Notwithstanding the restrictions set forth in
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1 s. 322.142, the Department of Highway Safety and Motor
2 Vehicles is authorized to release a reproduction of a
3 color-photograph or digital-image license to the Department of
4 Law Enforcement for purposes of public notification of sexual
5 offenders as provided in ss. 943.043, 943.0435, and 944.606.
6 (5) This section does not apply to a sexual sex
7 offender who is also a sexual predator, as defined in s.
8 775.21. A sexual predator must register as required under s.
9 775.21.
10 (6) A sexual sex offender who does not comply with the
11 requirements of this section commits a felony of the third
12 degree, punishable as provided in s. 775.082, s. 775.083, or
13 s. 775.084.
14 (7) The department, the Department of Highway Safety
15 and Motor Vehicles, the Department of Corrections, and the
16 personnel of those departments, and individuals or entities
17 acting at the bequest or upon the direction of any of those
18 departments are immune from civil liability for damages for
19 good-faith good faith compliance with the requirements of this
20 section, and shall be presumed to have acted in good faith in
21 compiling, recording, and reporting information. The
22 presumption of good faith is not overcome if a technical or
23 clerical error is made by the department, the Department of
24 Highway Safety and Motor Vehicles, the Department of
25 Corrections, or the personnel of those departments, or any
26 individual acting at the bequest or upon the direction of any
27 of those departments in compiling or providing information, or
28 if information is incomplete or incorrect because a sexual sex
29 offender fails to report or falsely reports his or her current
30 place of permanent or temporary residence.
31
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1 (8) A sexual offender may petition the court to be
2 relieved from the reporting requirements of this section in
3 the manner provided in s. 775.21(6)(g), subject to the
4 requirements and restrictions of s. 775.21(6)(g).
5 Section 5. Subsection (4) is added to section 944.605,
6 Florida Statutes, to read:
7 944.605 Inmate release; notice by Department of
8 Corrections, Control Release Authority, or Parole
9 Commission.--
10 (4) An inmate who refuses to submit to the taking of a
11 digitized photograph commits a felony of the third degree,
12 punishable as provided in s. 775.082, s. 775.083, or s.
13 775.084.
14 Section 6. Section 944.606, Florida Statutes, is
15 amended to read:
16 944.606 Sexual offenders; notification upon release.--
17 (1) As used in this section:
18 (a) "Conviction" means a determination of guilt that
19 is the result of a plea or a trial or the entry of a plea of
20 guilty or nolo contendere, regardless of whether adjudication
21 is withheld. The term "convicted" means that the person has a
22 conviction in his criminal record.
23 (b) "Sexual offender" means a person who has been
24 convicted of a felony violation of s. 787.01 or s. 787.02,
25 where the victim is a minor and the defendant is not the
26 victim's parent, of chapter 794, of s. 787.025, s. 796.03, s.
27 800.04, s. 825.1025, s. 827.071, s. 847.0133, s. 847.0135, or
28 s. 847.0145, or of a violation of a similar law of another
29 jurisdiction, when the department has received verified
30 information regarding such conviction; an offender's
31 computerized criminal history record is not, in and of itself,
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1 verified information. A conviction for a violation of a
2 similar law of another jurisdiction includes, but is not
3 limited to, a conviction by a federal or military tribunal,
4 including a court-martial conducted by the Armed Forces of the
5 United States, and includes a conviction in any state of the
6 United States.
7 (2) The Legislature finds that sexual offenders,
8 especially those who have committed their offenses against
9 minors, often pose a high risk of engaging in sexual offenses
10 even after being released from incarceration or commitment and
11 that protection of the public from sexual offenders is a
12 paramount governmental interest. Sexual offenders have a
13 reduced expectation of privacy because of the public's
14 interest in public safety and in the effective operation of
15 government. Releasing sexual offender information to law
16 enforcement agencies and to persons who request such
17 information, and releasing such information to the public by a
18 law enforcement agency or public agency, will further the
19 governmental interests of public safety.
20 (3)(a) The department must provide information
21 regarding any sexual offender who is being released after
22 serving a period of incarceration for any offense, as follows:
23 1. The department must provide: the sexual offender's
24 name and any alias, if known; the correctional facility from
25 which the sexual offender is released; the sexual offender's
26 social security number, race, sex, date of birth, height,
27 weight, and hair and eye color; date and county of sentence
28 and each crime for which the offender was sentenced; a copy of
29 the offender's fingerprints and a digitized photograph taken
30 within 60 days before release; the date of release of the
31 sexual offender; and the offender's intended residence
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1 address, if known. If the sexual offender is in the custody of
2 a private correctional facility or a local jail, the facility
3 or local jail shall take the digitized photograph of the
4 sexual offender within 60 days before the sexual offender's
5 release and provide this photograph to the Department of
6 Corrections and also place it in the sexual offender's file.
7 The custodian of the local jail shall notify the department of
8 the sexual offender's release and provide to the department
9 the information specified in paragraph (a) and any information
10 that the department requests under subparagraph 2.
11 2. The department may provide any other information
12 deemed necessary, including criminal and corrections records,
13 nonprivileged personnel and treatment records, when available.
14 (b) The department must provide the information
15 described in subparagraph (a)1. to:
16 1. The sheriff of the county from where the sexual
17 offender was sentenced;
18 2. The sheriff of the county and, if applicable, the
19 police chief of the municipality, where the sexual offender
20 plans to reside;
21 3. The Florida Department of Law Enforcement; and
22 4. Any person who requests such information,
23
24 either within 6 months prior to the anticipated release of a
25 sexual offender, or as soon as possible if an offender is
26 released earlier than anticipated. All such information
27 provided to the Department of Law Enforcement must be
28 available electronically as soon as the information is in the
29 agency's database and must be in a format that is compatible
30 with the requirements of the Florida Crime Information Center.
31
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1 (c) Upon request, the department must provide the
2 information described in subparagraph (a)2. to:
3 1. The sheriff of the county from where the sexual
4 offender was sentenced; and
5 2. The sheriff of the county and, if applicable, the
6 police chief of the municipality, where the sexual offender
7 plans to reside,
8
9 either within 6 months prior to the anticipated release of a
10 sexual offender, or as soon as possible if an offender is
11 released earlier than anticipated.
12 (d) Upon receiving information regarding a sexual
13 offender from the department, the Department of Law
14 Enforcement, the sheriff or the chief of police shall provide
15 the information described in subparagraph (a)1. to any
16 individual who requests such information and may release the
17 information to the public in any manner deemed appropriate,
18 unless the information so received is confidential or exempt
19 from s. 119.07(1) and s. 24(a), Art. I of the State
20 Constitution.
21 (4) This section authorizes the department or any law
22 enforcement agency to notify the community and the public of a
23 sexual offender's presence in the community. However, with
24 respect to a sexual offender who has been found to be a
25 "sexual predator" under chapter 775, the Florida Department of
26 Law Enforcement or any other law enforcement agency must
27 inform the community and the public of the sexual predator's
28 presence in the community, as provided in chapter 775. Release
29 of information pursuant to this section does not constitute
30 unauthorized public disclosure of information that relates to
31 sexual predators under chapter 775.
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1 (5) An elected or appointed official, public employee,
2 or agency, or any individual or entity acting at the bequest
3 or upon the direction of the department, is immune from civil
4 liability for damages resulting from the release of
5 information under this section.
6 Section 7. Section 944.607, Florida Statutes, is
7 amended to read:
8 944.607 Notification to Department of Law Enforcement
9 of information on sexual sex offenders.--
10 (1) As used in this section, the term:
11 (a) "Sexual Sex offender" means a person who is in the
12 custody or control of, or under the supervision of, the
13 department or is in the custody of a private correctional
14 facility on or after October 1, 1997, as a result of a
15 conviction for committing, or attempting, soliciting, or
16 conspiring to commit, any of the criminal offenses proscribed
17 in the following statutes in this state or analogous offenses
18 in another jurisdiction: s. 787.01 or s. 787.02, where the
19 victim is a minor and the defendant is not the victim's
20 parent; s. 787.025;, chapter 794;, s. 796.03, s. 800.04, s.
21 825.1025, s. 827.071, s. 847.0133, s. 847.0135, s. 847.0145;,
22 or any similar offense committed in this state which has been
23 redesignated from a former statute number to one of those
24 listed in this paragraph.
25 (b) "Conviction" means a determination of guilt as a
26 result of a plea or trial or the entry of a plea of guilty or
27 nolo contendere, regardless of whether adjudication is
28 withheld.
29 (2) A sexual offender, as described in this section,
30 who is under the supervision of the Department of Corrections
31 shall be required to report in the manner provided in s.
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1 943.0435. The sexual offender must notify his or her probation
2 officer or supervising officer no later than 24 hours after he
3 or she reports.
4 (3)(2) In addition to notification and transmittal
5 requirements imposed by any other provision of law, the
6 department shall compile information on any sexual sex
7 offender and provide the information to the Department of Law
8 Enforcement. The information shall be made available
9 electronically to the Department of Law Enforcement as soon as
10 this information is in the department's database and must be
11 in a format that is compatible with the requirements of the
12 Florida Crime Information Center.
13 (4)(3) The information provided to the Department of
14 Law Enforcement must include:
15 (a) The name of the sexual sex offender and any alias,
16 if known;
17 (b) The sexual sex offender's most current address and
18 place of permanent or temporary residence, including the name
19 of the county or municipality in which the offender
20 permanently or temporarily resides and, if known, the intended
21 place of permanent or temporary residence upon satisfaction of
22 all sanctions;
23 (c) The legal status of the sexual sex offender,
24 including any special condition or restriction imposed by the
25 sentencing court if the victim is a minor and access to the
26 victim or to other minors is restricted or prohibited, and the
27 scheduled termination date of that legal status;
28 (d) The location of, and local telephone number for,
29 any office of probation, community control, parole,
30 conditional release, or control release which is responsible
31 for supervising the sexual sex offender;
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1 (e) An indication of whether the victim of the offense
2 that resulted in the offender's status as a sexual sex
3 offender was a minor;
4 (f) A physical description of the sexual sex offender;
5 (g) The offense or offenses at conviction which
6 resulted in the determination of the offender's status as a
7 sexual sex offender; and
8 (h) A digitized photograph of the sexual sex offender
9 which must have been taken within 60 days before the offender
10 is released from the custody of the department or a private
11 correctional facility by expiration of sentence under s.
12 944.275 or must have been taken by January 1, 1998, or within
13 60 days after the onset of the department's supervision of any
14 sexual sex offender who is on probation, community control,
15 conditional release, parole, provisional release, or control
16 release or who is supervised by the department under the
17 Interstate Compact Agreement for Probationers and Parolees. If
18 the sexual sex offender is in the custody of a private
19 correctional facility or local jail, the facility or jail
20 shall take a digitized photograph of the sexual sex offender
21 within the time period provided in this paragraph and shall
22 provide the photograph to the department.
23
24 If any information provided by the department changes during
25 the time the sexual sex offender is under the department's
26 control, custody, or supervision, the department shall, within
27 48 hours after the change in information, update the
28 information and provide it to the Department of Law
29 Enforcement in the manner prescribed in subsection (2).
30 (5)(4) The department, and its personnel, and any
31 individual or entity at the behest or upon the direction of
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1 the department are immune from civil liability for damages for
2 good-faith good faith compliance with this section, and shall
3 be presumed to have acted in good faith in compiling,
4 recording, and providing information. The presumption of good
5 faith is not overcome if technical or clerical errors are made
6 by the department, and its personnel, or any individual or
7 entity acting at the behest or upon the direction of the
8 department in compiling, recording, or providing information,
9 if the information compiled, recorded, or provided by the
10 department, and its personnel, or any individual or entity
11 acting at the behest or upon the direction of the department
12 is incomplete because the information has not been provided to
13 the department by a person or agency required to provide the
14 information, or if the department, and its personnel, or any
15 individual or entity acting at the behest or upon the
16 direction of the department compiles, records, or provides
17 compile, record, or provide information that was falsely
18 reported without the knowledge of the department, and its
19 personnel, or such individual or entity.
20 Section 8. Subsection (4) is added to section 947.177,
21 Florida Statutes, to read:
22 947.177 Inmate release; notice by Department of
23 Corrections, Control Release Authority, or Parole
24 Commission.--
25 (4) An inmate who refuses to submit to the taking of a
26 digitized photograph commits a felony of the third degree,
27 punishable as provided in s. 775.082, s. 775.083, or s.
28 775.084.
29 Section 9. This act shall take effect October 1, 1998.
30
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2 SENATE SUMMARY
3 Revises the Florida Sexual Predators Act to comply with
federal laws and standards. (See bill for details.)
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