CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. SB 210
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Crist moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 1, line 17,
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16 insert:
17 Section 1. Subsections (4) and (7) of section 775.21,
18 Florida Statutes, 1996 Supplement, are amended to read:
19 775.21 The Florida Sexual Predators Act; definitions;
20 legislative findings, purpose, and intent; criteria;
21 designation; registration; community and public notification;
22 immunity; penalties.--
23 (4) SEXUAL PREDATOR CRITERIA.--
24 (a) For a current offense committed on or after
25 October 1, 1993, and before October 1, 1995:
26 1. An offender who was found by the court under former
27 s. 775.22 or former s. 775.23 to be a sexual predator is a
28 "sexual predator" if the court made a written finding that the
29 offender was a sexual predator at the time of sentencing, as
30 required by former s. 775.23. Such sexual predator must
31 register or be registered as a sexual predator with the
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1 department, and but is not subject to community and public
2 notification. Upon notification of the presence of a sexual
3 predator, the sheriff of the county or the chief of police of
4 the municipality where the sexual predator temporarily or
5 permanently resides shall notify the community and the public
6 of the presence of the sexual predator in a manner deemed
7 appropriate by the sheriff or the chief of police.
8 2. If an offender has been registered as a sexual
9 predator by the Department of Corrections, the department, or
10 any other law enforcement agency and:
11 a. The court did not, for whatever reason, make a
12 written finding at the time of sentencing that the offender
13 was a sexual predator, or
14 b. The offender was administratively registered as a
15 sexual predator because the Department of Corrections, the
16 department, or any other law enforcement agency obtained
17 information which indicated that the offender met the sexual
18 predator criteria based on a violation of a similar law in
19 another jurisdiction,
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21 the department shall remove that offender from the
22 department's sexual predator list, and shall notify the state
23 attorney who prosecuted the offense that triggered the
24 administrative sexual predator designation for offenders
25 described in sub-subparagraph a., or the state attorney of the
26 county where the offender permanently or temporarily resides
27 on October 1, 1996, for offenders described in
28 sub-subparagraph b. The state attorney may bring the matter to
29 the court's attention in order to establish that the offender
30 meets the sexual predator criteria. If the court then makes a
31 written finding that the offender is a sexual predator, the
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1 offender is designated as a sexual predator and must register
2 or be registered as a sexual predator with the department, but
3 is not subject to community and public notification. If the
4 court does not make a written finding that the offender is a
5 sexual predator, the offender is not designated as a sexual
6 predator with respect to that offense, is not required to
7 register or be registered as a sexual predator with the
8 department, and is not subject to community and public
9 notification.
10 (b) For a current offense committed on or after
11 October 1, 1995, and before October 1, 1996:
12 1. An offender who was found by the court under former
13 s. 775.22 or former s. 775.23 to be a sexual predator is a
14 "sexual predator" if the court made a written finding that the
15 offender was a sexual predator at the time of sentencing, as
16 required by former s. 775.23. Such sexual predator must
17 register or be registered with the department, and is subject
18 to the community and public notification provisions of former
19 s. 775.225. Upon notification of the presence of a sexual
20 predator, the sheriff of the county or the chief of police of
21 the municipality where the sexual predator temporarily or
22 permanently resides shall notify the community and the public
23 of the presence of the sexual predator in a manner deemed
24 appropriate by the sheriff or the chief of police.
25 2. If an offender has been registered as a sexual
26 predator by the Department of Corrections, the department, or
27 any other law enforcement agency and:
28 a. The court did not, for whatever reason, make a
29 written finding at the time of sentencing that the offender
30 was a sexual predator, or
31 b. The offender was administratively registered as a
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1 sexual predator because the Department of Corrections, the
2 department, or any other law enforcement agency obtained
3 information which indicated that the offender met the sexual
4 predator criteria based on a violation of a similar law in
5 another jurisdiction,
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7 the department shall remove that offender from the
8 department's sexual predator list, and shall notify the state
9 attorney who prosecuted the offense that triggered the
10 administrative sexual predator designation for offenders
11 described in sub-subparagraph a., or the state attorney of the
12 county where the offender permanently or temporarily resides
13 on October 1, 1996, for offenders described in
14 sub-subparagraph b. The state attorney may bring the matter to
15 the court's attention in order to establish that the offender
16 meets the sexual predator criteria. If the court makes a
17 written finding that the offender is a sexual predator, the
18 offender is designated as a sexual predator, must register or
19 be registered as a sexual predator with the department, and is
20 subject to the community and public notification provisions
21 under former s. 775.225. If the court does not make a written
22 finding that the offender is a sexual predator, the offender
23 is not designated as a sexual predator with respect to that
24 offense and, is not required to register or be registered as a
25 sexual predator with the department, and is not subject to the
26 community and public notification provisions under former s.
27 775.225.
28 (c) For a current offense committed on or after
29 October 1, 1996, upon conviction, an offender shall be
30 designated as a "sexual predator" under subsection (5), and
31 subject to registration under subsection (6) and community and
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1 public notification under subsection (7) if:
2 1. The felony meets the criteria of former ss.
3 775.22(2) and 775.23(2), specifically, the felony is:
4 a. A capital, life, or first degree felony violation
5 of chapter 794 or s. 847.0145, or of a similar law of another
6 jurisdiction; or
7 b. Any second degree or greater felony violation of
8 chapter 794, s. 800.04, s. 827.071, or s. 847.0145, or of a
9 similar law of another jurisdiction, and the offender has
10 previously been convicted of or found to have committed, or
11 has pled nolo contendere or guilty to, regardless of
12 adjudication, any violation of s. 794.011(2), (3), (4), (5),
13 or (8), s. 794.023, s. 800.04, s. 827.071, s. 847.0133, or s.
14 847.0145, or of a similar law of another jurisdiction;
15 2. The offender has not received a pardon for any
16 felony or similar law of another jurisdiction that is
17 necessary for the operation of this paragraph; and
18 3. A conviction of a felony or similar law of another
19 jurisdiction necessary to the operation of this paragraph has
20 not been set aside in any postconviction proceeding.
21 (d) In order to be counted as a prior felony for
22 purposes of this subsection, the felony must have resulted in
23 a conviction sentenced separately, or an adjudication of
24 delinquency entered separately, prior to the current offense
25 and sentenced or adjudicated separately from any other felony
26 conviction that is to be counted as a prior felony. If the
27 offender's prior enumerated felony was committed more than 10
28 years before the primary offense, it shall not be considered a
29 prior felony under this subsection if the offender has not
30 been convicted of any other crime for a period of 10
31 consecutive years from the most recent date of release from
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1 confinement, supervision, or sanction, whichever is later.
2 (e) "Conviction" means a determination of guilt that
3 is the result of a plea or a trial, regardless of whether
4 adjudication is withheld.
5 (5) SEXUAL PREDATOR DESIGNATION.--For a current
6 offense committed on or after October 1, 1996, an offender is
7 designated as a sexual predator as follows:
8 (a)1. An offender who meets the sexual predator
9 criteria described in paragraph (4)(c) who is before the court
10 for sentencing for a current offense committed on or after
11 October 1, 1996, is a sexual predator, and the sentencing
12 court must make a written finding at the time of sentencing
13 that the offender is a sexual predator; or
14 2. If the Department of Corrections, the department,
15 or any other law enforcement agency obtains information which
16 indicates that an offender who permanently or temporarily
17 resides in this state meets the sexual predator criteria
18 described in paragraph (4)(c) because the offender committed a
19 similar violation in another jurisdiction on or after October
20 1, 1996, the Department of Corrections, the department, or the
21 law enforcement agency shall notify the state attorney of the
22 county where the offender permanently or temporarily resides
23 of the offender's presence in the community. The state
24 attorney shall file a petition with the criminal division of
25 the circuit court for the purpose of holding a hearing to
26 determine if the offender's criminal record from another
27 jurisdiction meets the sexual predator criteria. If the court
28 finds that the offender meets the sexual predator criteria
29 because the offender has violated a similar law or similar
30 laws in another jurisdiction, the court shall make a written
31 finding that the offender is a sexual predator.
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1
2 When the court makes a written finding that an offender is a
3 sexual predator, the court shall inform the sexual predator of
4 the registration and community and public notification
5 requirements described in this section. Within 48 hours of the
6 court designating an offender as a sexual predator, the clerk
7 of the circuit court shall transmit a copy of the court's
8 written sexual predator finding to the department. If the
9 offender is sentenced to a term of imprisonment or
10 supervision, a copy of the court's written sexual predator
11 finding must be submitted to the Department of Corrections.
12 (b) If the Department of Corrections, the department,
13 or any other law enforcement agency obtains information which
14 indicates that an offender meets the sexual predator criteria
15 but the court did not make a written finding that the offender
16 is a sexual predator as required in paragraph (a), the
17 Department of Corrections, the department, or the law
18 enforcement agency shall notify the state attorney who
19 prosecuted the offense for offenders described in subparagraph
20 (a)1., or the state attorney of the county where the offender
21 temporarily or permanently resides upon first entering the
22 state for offenders described in subparagraph (a)2. The state
23 attorney shall bring the matter to the court's attention in
24 order to establish that the offender meets the sexual predator
25 criteria. If the state attorney fails to establish that an
26 offender meets the sexual predator criteria and the court does
27 not make a written finding that an offender is a sexual
28 predator, the offender is not required to register with the
29 department as a sexual predator, and the department and other
30 law enforcement agencies are not authorized to inform the
31 community and the public of the offender's presence. The
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1 offender must comply with the convicted felon registration
2 requirements under s. 775.13. The Department of Corrections,
3 the department, or any other law enforcement agency shall not
4 administratively designate an offender as a sexual predator
5 without a written finding from the court that the offender is
6 a sexual predator.
7 (6) REGISTRATION.--
8 (a) A sexual predator must register with the
9 department by providing the following information to the
10 department:
11 1. Name, social security number, age, race, sex, date
12 of birth, height, weight, hair and eye color, photograph,
13 address of legal residence, address of any current temporary
14 residence, date and place of any employment, date and place of
15 each conviction, fingerprints, and a brief description of the
16 crime or crimes committed by the offender.
17 2. Any other information determined necessary by the
18 department, including criminal and corrections records,
19 nonprivileged personnel, treatment, and abuse registry
20 records, and evidentiary genetic markers when available.
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22 The sexual predator may register directly with the department,
23 or the Department of Corrections or any law enforcement agency
24 may register the sexual predator with the department. The
25 sexual predator is not required to make any further
26 registration as a convicted felony offender in any county.
27 (b) Each sexual predator who is residing permanently
28 or temporarily in the state outside of a correctional
29 facility, jail, or secure treatment facility must register or
30 be registered with the department within 48 hours after
31 entering the county of permanent or temporary residence. A
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1 sexual predator who is registered with the department must
2 provide written notification to the department of any change
3 in permanent or temporary residence within 48 hours after
4 arrival at the new place of permanent or temporary residence.
5 (c) The department must notify the sheriff and the
6 state attorney of the county and, if applicable, the police
7 chief of the municipality, where the sexual predator
8 permanently or temporarily resides within 48 hours after the
9 sexual predator registers with the department or provides
10 change of location information to the department.
11 (d)1. The department is responsible for the on-line
12 maintenance of current information regarding each registered
13 sexual predator. The department must maintain hotline access
14 for state, local, and federal law enforcement agencies to
15 obtain instantaneous locator file and offender characteristics
16 information on all released registered sexual predators for
17 purposes of monitoring, tracking, and prosecution. The
18 photograph and fingerprints do not have to be stored in a
19 computerized format.
20 2. The department's sexual predator registration list,
21 containing the information described in subparagraph (a)1., is
22 a public record. The department is authorized to disseminate
23 this public information by any means deemed appropriate,
24 including operating a "900" telephone number for this purpose.
25 When the department provides information regarding a
26 registered sexual predator to the public, department personnel
27 must advise the person making the inquiry that positive
28 identification of a person believed to be a sexual predator
29 cannot be established unless a fingerprint comparison is made,
30 and that it is illegal to use public information regarding a
31 registered sexual predator to facilitate the commission of a
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1 crime.
2 3. The department shall adopt guidelines as necessary
3 regarding the registration of sexual predators and the
4 dissemination of information regarding sexual predators as
5 required by this section.
6 (e) A sexual predator must maintain registration with
7 the department for the duration of his or her life, unless the
8 sexual predator has had his or her civil rights restored, or
9 has received a full pardon or has had a conviction set aside
10 in a postconviction proceeding for any felony sex offense
11 which met the criteria for the sexual predator designation;
12 however, a sexual predator who has been lawfully released from
13 confinement, supervision, or sanction, whichever is later, for
14 at least 10 years and has not been arrested for any felony or
15 misdemeanor offense since release, may petition the criminal
16 division of the circuit court for the purpose of removing the
17 sexual predator designation. The court has the discretion to
18 grant or deny such relief.
19 (7) COMMUNITY AND PUBLIC NOTIFICATION.--
20 (a) Law enforcement agencies must inform the community
21 and the public of a sexual predator's presence. Upon
22 notification of the presence of a sexual predator, the sheriff
23 of the county or the chief of police of the municipality where
24 the sexual predator temporarily or permanently resides shall
25 notify the community and the public of the presence of the
26 sexual predator in a manner deemed appropriate by the sheriff
27 or the chief of police. Information provided to the community
28 and the public regarding a sexual predator must include:
29 1. The name of the sexual predator;
30 2. A description of the sexual predator, including a
31 photograph;
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1 3. The sexual predator's current address, including
2 the name of the county or municipality;
3 4. The circumstances of the sexual predator's offense
4 or offenses; and
5 5. Whether The age of the victim of the sexual
6 predator's offense or offenses was, at the time of the
7 offense, a minor or an adult.
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9 This paragraph does not authorize the release of the name of
10 any victim of the sexual predator.
11 (b) The sheriff or the police chief may coordinate the
12 community and public notification efforts with the department.
13 Statewide notification to the public is authorized, as deemed
14 appropriate by local law enforcement personnel and the
15 department.
16 (c) The department shall notify the public of all
17 designated sexual predators through the Internet. The
18 Internet notice shall include the information required by
19 paragraph (a).
20 (d)(c) The department shall adopt a protocol to assist
21 law enforcement agencies in their efforts to notify the
22 community and the public of the presence of sexual predators.
23 The department, in consultation and cooperation with the
24 Department of Highway Safety and Motor Vehicles, shall
25 determine the feasibility of requiring sexual predators to
26 have a special designation on any drivers license,
27 identification card, or license tag issued in this state.
28 Section 2. Section 944.606, Florida Statutes, 1996
29 Supplement, is amended to read:
30 944.606 Sexual offenders; notification upon release.--
31 (1) As used in this section:
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1 (a) "Conviction" means a determination of guilt that
2 is the result of a plea or a trial, regardless of whether
3 adjudication is withheld.
4 (b) "Sexual offender" means a person who has been
5 convicted of a felony violation of chapter 794, s. 800.04, s.
6 827.071, or s. 847.0145, or a violation of a similar law of
7 another jurisdiction, when the department has received
8 verified information regarding such conviction; an offender's
9 computerized criminal history record is not, in and of itself,
10 verified information.
11 (2) The Legislature finds that sexual offenders pose a
12 high risk of engaging in sexual offenses even after being
13 released from incarceration or commitment and that protection
14 of the public from sexual offenders is a paramount
15 governmental interest. Sexual offenders have a reduced
16 expectation of privacy because of the public's interest in
17 public safety and in the effective operation of government.
18 Releasing sexual offender information to law enforcement
19 agencies, and to persons who request such information, or
20 whenever deemed appropriate by a law enforcement or public
21 agency to protect the public will further the governmental
22 interests of public safety.
23 (3)(a) The department must provide information
24 regarding any sexual offender who is being released after
25 serving a period of incarceration for any offense, as follows:
26 1. The department must provide: the sexual offender's
27 name, social security number, race, sex, date of birth,
28 height, weight, and hair and eye color; date and county of
29 sentence and each crime for which the offender was sentenced;
30 a copy of the offender's fingerprints and a photograph taken
31 within 90 days of release; and the offender's intended
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1 residence address, if known.
2 2. The department may provide any other information
3 deemed necessary, including criminal and corrections records,
4 nonprivileged personnel and treatment records, when available.
5 (b) The department must provide the information
6 described in subparagraph (a)1. to:
7 1. The sheriff of the county from where the sexual
8 offender was sentenced;
9 2. The sheriff of the county and, if applicable, the
10 police chief of the municipality, where the sexual offender
11 plans to reside; and
12 3. Any person who requests such information,
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14 either within 6 months prior to the anticipated release of a
15 sexual offender, or as soon as possible if an offender is
16 released earlier than anticipated.
17 (c) Upon request, the department must provide the
18 information described in subparagraph (a)2. to:
19 1. The sheriff of the county from where the sexual
20 offender was sentenced; and
21 2. The sheriff of the county and, if applicable, the
22 police chief of the municipality, where the sexual offender
23 plans to reside,
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25 either within 6 months prior to the anticipated release of a
26 sexual offender, or as soon as possible if an offender is
27 released earlier than anticipated.
28 (d) Upon receiving information regarding a sexual
29 offender from the department, the Department of Law
30 Enforcement, a sheriff, or the chief of police shall provide
31 the information described in subparagraph (a)1. to any
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1 individual who requests such information, and may, to promote
2 or protect public safety, release the information to the
3 public in any manner deemed appropriate.
4 (4) This section authorizes does not authorize the
5 department or any law enforcement agency to notify the
6 community and the public of a sexual offender's presence in
7 the community in the interest of public safety. However, with
8 respect to a sexual offender who has been found to be a
9 "sexual predator" under chapter 775, the Florida Department of
10 Law Enforcement or any other law enforcement agency must
11 inform the community and the public of the sexual predator's
12 presence in the community, as provided in chapter 775.
13 (5) An elected or appointed official, public employee,
14 or agency is immune from civil liability for damages resulting
15 from the release of information under this section.
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17 (Renumber subsequent sections.)
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21 And the title is amended as follows:
22 On page 1, line 2, delete that line
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24 and insert:
25 An act relating to sexual predators and
26 offenders; amending s. 775.21, F.S.; deleting
27 language prohibiting community and public
28 notification of certain sexual predators and
29 authorizing notification in a manner deemed
30 appropriate by the sheriff and the chief of
31 police; deleting language providing for
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1 community and public notification under former
2 s. 775.225 and authorizing notification in a
3 manner deemed appropriate by the sheriff or
4 chief of police; deleting requirement that
5 community and public notice include the age of
6 the victim and providing instead for
7 requirement that notice state whether the
8 victim was a minor or an adult; amending s.
9 944.606, F.S.; deleting language preventing the
10 Florida Department of Law Enforcement or any
11 law enforcement agency from notifying the
12 community and the general public of a sexual
13 offender's presence in the community;
14 permitting agencies to notify the community and
15 the public of a sexual offender's presence in
16 the community; creating s.
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