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House Bill 3221

Florida House of Representatives - 1998 HB 3221 By Representative Rodriguez-Chomat 1 A bill to be entitled 2 An act relating to sexual predators who commit 3 offenses against children; amending s. 775.21, 4 F.S., the Florida Sexual Predators Act; 5 imposing additional requirements with respect 6 to public notification of the presence of a 7 sexual predator who has committed one or more 8 specified offenses against a child; requiring 9 the Department of Corrections and other 10 governmental or private agencies or entities 11 having custody, control, or supervision over 12 such sexual predator to provide certain advance 13 notification to the local governing body of the 14 community, and chief of police of the 15 municipality or sheriff of the county, where 16 the sexual predator intends to temporarily or 17 permanently reside upon release; requiring the 18 sexual predator to provide certain notice to 19 the local governing body and chief of police of 20 the municipality or sheriff of the county 21 within a specified period after release; 22 requiring a sexual predator entering the state 23 to provide certain notice to the Department of 24 Law Enforcement within a specified period; 25 prohibiting violation of certain notice 26 requirements imposed on such sexual predator; 27 providing penalties; reenacting s. 943.0435(5), 28 F.S., relating to required reports by sex 29 offenders and penalties, to incorporate said 30 amendment in a reference; providing an 31 effective date. 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. 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: 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 temporary or permanent 16 residence. 17 (c) "Department" means the Department of Law 18 Enforcement. 19 (d) "Entering the county" includes being discharged 20 from a correctional facility or jail or secure treatment 21 facility within the county or being under supervision within 22 the county for the commission of a violation enumerated in 23 subsection (4). 24 (e) "Temporary residence" means a stay of 2 or more 25 weeks. 26 (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE 27 INTENT.-- 28 (a) Repeat sex offenders, sex offenders who use 29 physical violence, and sex offenders who prey on children are 30 sexual predators who present an extreme threat to the public 31 safety. Sex offenders are extremely likely to use physical 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 violence and to repeat their offenses, and most sex offenders 2 commit many offenses, have many more victims than are ever 3 reported, and are prosecuted for only a fraction of their 4 crimes. This makes the cost of sex offender victimization to 5 society at large, while incalculable, clearly exorbitant. 6 (b) The high level of threat that a sexual predator 7 presents to the public safety, and the long-term effects 8 suffered by victims of sex offenses, provide the state with 9 sufficient justification to implement a strategy that 10 includes: 11 1. Incarcerating sexual predators and maintaining 12 adequate facilities to ensure that decisions to release sexual 13 predators into the community are not made on the basis of 14 inadequate space. 15 2. Providing for specialized supervision of sexual 16 predators who are in the community by specially trained 17 probation officers with low caseloads, as described in ss. 18 947.1405(7) and 948.03(5). The sexual predator is subject to 19 specified terms and conditions implemented at sentencing or at 20 the time of release from incarceration, with a requirement 21 that those who are financially able must pay all or part of 22 the costs of supervision. 23 3. Requiring the registration of sexual predators, 24 with a requirement that complete and accurate information be 25 maintained and accessible for use by law enforcement 26 authorities, communities, and the public. 27 4. Providing for community and public notification 28 concerning the presence of sexual predators. 29 5. Prohibiting sexual predators from working with 30 children, either for compensation or as a volunteer. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 (c) The state has a compelling interest in protecting 2 the public from sexual predators and in protecting children 3 from predatory sexual activity, and there is sufficient 4 justification for requiring sexual predators to register and 5 for requiring community and public notification of the 6 presence of sexual predators. 7 (d) It is the purpose of the Legislature that, upon 8 the court's written finding that an offender is a sexual 9 predator, in order to protect the public, it is necessary that 10 the sexual predator be registered with the department and that 11 the community and the public be notified of the sexual 12 predator's presence. 13 (e) It is the intent of the Legislature to address the 14 problem of sexual predators by: 15 1. Requiring sexual predators supervised in the 16 community to have special conditions of supervision and to be 17 supervised by probation officers with low caseloads; 18 2. Requiring sexual predators to register with the 19 Florida Department of Law Enforcement, as provided in this 20 section; and 21 3. Requiring community and public notification of the 22 presence of a sexual predator, as provided in this section. 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 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 department, and is 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, 20 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 offender is designated as a sexual predator and must register 2 or be registered as a sexual predator with the department. If 3 the court does not make a written finding that the offender is 4 a sexual predator, the offender is not designated as a sexual 5 predator with respect to that offense, is not required to 6 register or be registered as a sexual predator with the 7 department, and is not subject to community and public 8 notification. 9 (b) For a current offense committed on or after 10 October 1, 1995, and before October 1, 1996: 11 1. An offender who was found by the court under former 12 s. 775.22 or former s. 775.23 to be a sexual predator is a 13 "sexual predator" if the court made a written finding that the 14 offender was a sexual predator at the time of sentencing, as 15 required by former s. 775.23. Such sexual predator must 16 register or be registered with the department, and is subject 17 to community and public notification. Upon notification of 18 the presence of a sexual predator, the sheriff of the county 19 or the chief of police of the municipality where the sexual 20 predator temporarily or permanently resides shall notify the 21 community and the public of the presence of the sexual 22 predator in a manner deemed appropriate by the sheriff or the 23 chief of police. 24 2. If an offender has been registered as a sexual 25 predator by the Department of Corrections, the department, or 26 any other law enforcement agency and: 27 a. The court did not, for whatever reason, make a 28 written finding at the time of sentencing that the offender 29 was a sexual predator, or 30 b. The offender was administratively registered as a 31 sexual predator because the Department of Corrections, the 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 department, or any other law enforcement agency obtained 2 information which indicated that the offender met the sexual 3 predator criteria based on a violation of a similar law in 4 another jurisdiction, 5 6 the department shall remove that offender from the 7 department's sexual predator list, and shall notify the state 8 attorney who prosecuted the offense that triggered the 9 administrative sexual predator designation for offenders 10 described in sub-subparagraph a., or the state attorney of the 11 county where the offender permanently or temporarily resides 12 on October 1, 1996, for offenders described in 13 sub-subparagraph b. The state attorney may bring the matter to 14 the court's attention in order to establish that the offender 15 meets the sexual predator criteria. If the court makes a 16 written finding that the offender is a sexual predator, the 17 offender is designated as a sexual predator, must register or 18 be registered as a sexual predator with the department, and is 19 subject to the community and public notification provisions 20 under former s. 775.225. If the court does not make a written 21 finding that the offender is a sexual predator, the offender 22 is not designated as a sexual predator with respect to that 23 offense and is not required to register or be registered as a 24 sexual predator with the department. 25 (c) For a current offense committed on or after 26 October 1, 1996, upon conviction, an offender shall be 27 designated as a "sexual predator" under subsection (5), and 28 subject to registration under subsection (6) and community and 29 public notification under subsection (7) if: 30 1. The felony meets the criteria of former ss. 31 775.22(2) and 775.23(2), specifically, the felony is: 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 a. A capital, life, or first degree felony violation 2 of chapter 794 or s. 847.0145, or of a similar law of another 3 jurisdiction; or 4 b. Any second degree or greater felony violation of 5 chapter 794, s. 800.04, s. 827.071, or s. 847.0145, or of a 6 similar law of another jurisdiction, and the offender has 7 previously been convicted of or found to have committed, or 8 has pled nolo contendere or guilty to, regardless of 9 adjudication, any violation of s. 794.011(2), (3), (4), (5), 10 or (8), s. 794.023, s. 800.04, s. 827.071, s. 847.0133, or s. 11 847.0145, or of a similar law of another jurisdiction; 12 2. The offender has not received a pardon for any 13 felony or similar law of another jurisdiction that is 14 necessary for the operation of this paragraph; and 15 3. A conviction of a felony or similar law of another 16 jurisdiction necessary to the operation of this paragraph has 17 not been set aside in any postconviction proceeding. 18 (d) In order to be counted as a prior felony for 19 purposes of this subsection, the felony must have resulted in 20 a conviction sentenced separately, or an adjudication of 21 delinquency entered separately, prior to the current offense 22 and sentenced or adjudicated separately from any other felony 23 conviction that is to be counted as a prior felony. If the 24 offender's prior enumerated felony was committed more than 10 25 years before the primary offense, it shall not be considered a 26 prior felony under this subsection if the offender has not 27 been convicted of any other crime for a period of 10 28 consecutive years from the most recent date of release from 29 confinement, supervision, or sanction, whichever is later. 30 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 (e) "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 (5) SEXUAL PREDATOR DESIGNATION.--For a current 5 offense committed on or after October 1, 1996, an offender is 6 designated as a sexual predator as follows: 7 (a)1. An offender who meets the sexual predator 8 criteria described in paragraph (4)(c) who is before the court 9 for sentencing for a current offense committed on or after 10 October 1, 1996, is a sexual predator, and the sentencing 11 court must make a written finding at the time of sentencing 12 that the offender is a sexual predator; or 13 2. If the Department of Corrections, the department, 14 or any other law enforcement agency obtains information which 15 indicates that an offender who permanently or temporarily 16 resides in this state meets the sexual predator criteria 17 described in paragraph (4)(c) because the offender committed a 18 similar violation in another jurisdiction on or after October 19 1, 1996, the Department of Corrections, the department, or the 20 law enforcement agency shall notify the state attorney of the 21 county where the offender permanently or temporarily resides 22 of the offender's presence in the community. The state 23 attorney shall file a petition with the criminal division of 24 the circuit court for the purpose of holding a hearing to 25 determine if the offender's criminal record from another 26 jurisdiction meets the sexual predator criteria. If the court 27 finds that the offender meets the sexual predator criteria 28 because the offender has violated a similar law or similar 29 laws in another jurisdiction, the court shall make a written 30 finding that the offender is a sexual predator. 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 When the court makes a written finding that an offender is a 2 sexual predator, the court shall inform the sexual predator of 3 the registration and community and public notification 4 requirements described in this section. Within 48 hours of the 5 court designating an offender as a sexual predator, the clerk 6 of the circuit court shall transmit a copy of the court's 7 written sexual predator finding to the department. If the 8 offender is sentenced to a term of imprisonment or 9 supervision, a copy of the court's written sexual predator 10 finding must be submitted to the Department of Corrections. 11 (b) If the Department of Corrections, the department, 12 or any other law enforcement agency obtains information which 13 indicates that an offender meets the sexual predator criteria 14 but the court did not make a written finding that the offender 15 is a sexual predator as required in paragraph (a), the 16 Department of Corrections, the department, or the law 17 enforcement agency shall notify the state attorney who 18 prosecuted the offense for offenders described in subparagraph 19 (a)1., or the state attorney of the county where the offender 20 temporarily or permanently resides upon first entering the 21 state for offenders described in subparagraph (a)2. The state 22 attorney shall bring the matter to the court's attention in 23 order to establish that the offender meets the sexual predator 24 criteria. If the state attorney fails to establish that an 25 offender meets the sexual predator criteria and the court does 26 not make a written finding that an offender is a sexual 27 predator, the offender is not required to register with the 28 department as a sexual predator, and the department and other 29 law enforcement agencies are not authorized to inform the 30 community and the public of the offender's presence. The 31 offender must comply with the convicted felon registration 10 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 requirements under s. 775.13. The Department of Corrections, 2 the department, or any other law enforcement agency shall not 3 administratively designate an offender as a sexual predator 4 without a written finding from the court that the offender is 5 a sexual predator. 6 (6) REGISTRATION.-- 7 (a) A sexual predator must register with the 8 department by providing the following information to the 9 department: 10 1. Name, social security number, age, race, sex, date 11 of birth, height, weight, hair and eye color, photograph, 12 address of legal residence, address of any current temporary 13 residence, date and place of any employment, date and place of 14 each conviction, fingerprints, and a brief description of the 15 crime or crimes committed by the offender. 16 2. Any other information determined necessary by the 17 department, including criminal and corrections records, 18 nonprivileged personnel, treatment, and abuse registry 19 records, and evidentiary genetic markers when available. 20 21 If the sexual predator is in the custody or control of, or 22 under the supervision of, the Department of Corrections, or is 23 in the custody of a private correctional facility, the sexual 24 predator must register with the Department of Corrections. 25 (b) If the sexual predator is not in the custody or 26 control of, or under the supervision of, the Department of 27 Corrections, or is not in the custody of a private 28 correctional facility, and permanently or temporarily resides 29 in the state, the sexual predator shall initially register in 30 person at an office of the department, or at the sheriff's 31 office in the county in which the predator permanently or 11 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 temporarily resides, within 48 hours after establishing 2 permanent or temporary residence in this state. If a sexual 3 predator registers with the sheriff's office, the sheriff 4 shall take a photograph and a set of fingerprints of the 5 predator and forward the photographs and fingerprints to the 6 department, along with the information that the predator is 7 required to provide pursuant to this section. 8 (c) Subsequent to the initial registration required 9 under paragraph (b), a sexual predator shall register in 10 person at a driver's license office of the Department of 11 Highway Safety and Motor Vehicles within 48 hours after any 12 change in the predator's permanent or temporary residence. At 13 the driver's license office the sexual predator shall: 14 1. If otherwise qualified, secure a Florida driver's 15 license, renew a Florida driver's license, or secure an 16 identification card. The sexual predator shall identify 17 himself or herself as a sexual predator who is required to 18 comply with this section, provide his or her place of 19 permanent or temporary residence, and submit to the taking of 20 a photograph for use in issuing a driver's license, renewed 21 license, or identification card, and for use by the department 22 in maintaining current records of sexual predators. 23 2. Pay the costs assessed by the Department of Highway 24 Safety and Motor Vehicles for issuing or renewing a driver's 25 license or identification card as required by this section. 26 3. Provide, upon request, any additional information 27 necessary to confirm the identity of the sexual predator, 28 including a set of fingerprints. 29 (d) Each time a sexual predator's driver's license or 30 identification card is subject to renewal, the predator shall 31 report in person to a driver's license office, regardless of 12 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 whether the predator's residence has changed, and shall be 2 subject to the requirements specified in paragraph (c). The 3 Department of Highway Safety and Motor Vehicles shall forward 4 to the department and to the Department of Corrections all 5 photographs and information provided by sexual predators. 6 Notwithstanding the restrictions set forth in s. 322.142, the 7 Department of Highway Safety and Motor Vehicles is authorized 8 to release a reproduction of a color-photograph or 9 digital-image license to the Department of Law Enforcement for 10 purposes of public notification of sexual predators as 11 provided in this section. 12 (e) If the sexual predator initially registers at an 13 office of the department, the department must notify the 14 sheriff and the state attorney of the county and, if 15 applicable, the police chief of the municipality, where the 16 sexual predator permanently or temporarily resides within 48 17 hours after the sexual predator registers with the department. 18 (f)1. The department is responsible for the on-line 19 maintenance of current information regarding each registered 20 sexual predator. The department must maintain hotline access 21 for state, local, and federal law enforcement agencies to 22 obtain instantaneous locator file and offender characteristics 23 information on all released registered sexual predators for 24 purposes of monitoring, tracking, and prosecution. The 25 photograph and fingerprints do not have to be stored in a 26 computerized format. 27 2. The department's sexual predator registration list, 28 containing the information described in subparagraph (a)1., is 29 a public record. The department is authorized to disseminate 30 this public information by any means deemed appropriate, 31 including operating a "900" telephone number for this purpose. 13 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 When the department provides information regarding a 2 registered sexual predator to the public, department personnel 3 must advise the person making the inquiry that positive 4 identification of a person believed to be a sexual predator 5 cannot be established unless a fingerprint comparison is made, 6 and that it is illegal to use public information regarding a 7 registered sexual predator to facilitate the commission of a 8 crime. 9 3. The department shall adopt guidelines as necessary 10 regarding the registration of sexual predators and the 11 dissemination of information regarding sexual predators as 12 required by this section. 13 (g) A sexual predator must maintain registration with 14 the department for the duration of his or her life, unless the 15 sexual predator has had his or her civil rights restored, or 16 has received a full pardon or has had a conviction set aside 17 in a postconviction proceeding for any felony sex offense that 18 met the criteria for the sexual predator designation. However, 19 a sexual predator who has been lawfully released from 20 confinement, supervision, or sanction, whichever is later, for 21 at least 10 years and has not been arrested for any felony or 22 misdemeanor offense since release, may petition the criminal 23 division of the circuit court for the purpose of removing the 24 sexual predator designation. The court has the discretion to 25 grant or deny such relief. 26 (7) COMMUNITY AND PUBLIC NOTIFICATION.-- 27 (a) Law enforcement agencies must inform the community 28 and the public of a sexual predator's presence. Upon 29 notification of the presence of a sexual predator, the sheriff 30 of the county or the chief of police of the municipality where 31 the sexual predator temporarily or permanently resides shall 14 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 notify the community and the public of the presence of the 2 sexual predator in a manner deemed appropriate by the sheriff 3 or the chief of police. Information provided to the community 4 and the public regarding a sexual predator must include: 5 1. The name of the sexual predator; 6 2. A description of the sexual predator, including a 7 photograph; 8 3. The sexual predator's current address, including 9 the name of the county or municipality if known; 10 4. The circumstances of the sexual predator's offense 11 or offenses; and 12 5. Whether the victim of the sexual predator's offense 13 or offenses was, at the time of the offense, a minor or an 14 adult. 15 16 This paragraph does not authorize the release of the name of 17 any victim of the sexual predator. 18 (b) The sheriff or the police chief may coordinate the 19 community and public notification efforts with the department. 20 Statewide notification to the public is authorized, as deemed 21 appropriate by local law enforcement personnel and the 22 department. 23 (c) The department shall notify the public of all 24 designated sexual predators through the Internet. The 25 Internet notice shall include the information required by 26 paragraph (a). 27 (d) The department shall adopt a protocol to assist 28 law enforcement agencies in their efforts to notify the 29 community and the public of the presence of sexual predators. 30 The department, in consultation and cooperation with the 31 Department of Highway Safety and Motor Vehicles, shall 15 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 determine the feasibility of requiring sexual predators to 2 have a special designation on any drivers license, 3 identification card, or license tag issued in this state. 4 (8) IMMUNITY.--When the court has made a written 5 finding that an offender is a sexual predator, an elected or 6 appointed official, public employee, or agency is immune from 7 civil liability for damages resulting from the release of 8 information under this section. 9 (9) PENALTIES.-- 10 (a) A sexual predator who fails to register or who 11 fails, after registration, to renew a driver's license or 12 identification card or provide required location information, 13 commits a felony of the third degree, punishable as provided 14 in s. 775.082, s. 775.083, or s. 775.084. 15 (b) A sexual predator who has been convicted of or 16 found to have committed, or has pled nolo contendere or guilty 17 to, regardless of adjudication, any violation of s. 18 794.011(2), (3), (4), (5), or (8), s. 794.023, s. 800.04, s. 19 827.071, s. 847.0133, or s. 847.0145, or of a similar law of 20 another jurisdiction, when the victim of the offense was a 21 minor, and who works, whether for compensation or as a 22 volunteer, at any business, school, day care center, park, 23 playground, or other place where children regularly 24 congregate, commits a felony of the third degree, punishable 25 as provided in s. 775.082, s. 775.083, or s. 775.084. 26 (10) ADDITIONAL REQUIREMENTS WHEN SEXUAL PREDATOR'S 27 VICTIM WAS MINOR.--In addition to any other requirements 28 imposed under this section, the following paragraphs apply to 29 a sexual predator who has been convicted of or found to have 30 committed, or has pled nolo contendere or guilty to, 31 regardless of adjudication, any violation of s. 794.011(2), 16 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 (3), (4), (5), or (8), s. 794.023, s. 800.04, s. 827.071, s. 2 847.0133, or s. 847.0145, or of a similar law of another 3 jurisdiction, when the victim of the offense was a minor: 4 (a) The Department of Corrections and any governmental 5 or private agency or entity having custody, control, or 6 supervision over the sexual predator, at least 90 days before 7 the sexual predator is released from incarceration, custody, 8 control, or supervision of any correctional institution or 9 facility in the state, shall notify the local governing body 10 of the community, and the chief of police of the municipality 11 or the sheriff of the county, where the sexual predator 12 intends to temporarily or permanently reside upon release. 13 (b) Within 72 hours after arrival in the municipality 14 or county where the sexual predator intends to make his or her 15 temporary or permanent residence upon release, the sexual 16 predator shall notify the local governing body of the 17 community, and the chief of police of the municipality or the 18 sheriff of the county, of the address where he or she is 19 residing. 20 (c) If the sexual predator has been released from 21 incarceration, custody, control, or supervision in a state 22 other than this state, within 24 hours after entering this 23 state, he or she shall notify the Department of Law 24 Enforcement of his or her arrival in this state, and of his or 25 her intended destination. 26 (d) A person who violates paragraph (b) or paragraph 27 (c) commits a felony of the first degree, punishable by a 28 mandatory minimum term of 3 years' imprisonment. 29 Section 2. For the purpose of incorporating the 30 amendment to section 775.21, Florida Statutes, in a reference 31 17 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1998 HB 3221 552-146-98 1 thereto, subsection (5) of section 943.0435, Florida Statutes, 2 is reenacted to read: 3 943.0435 Sex offenders required to report to the 4 department; penalty.-- 5 (5) This section does not apply to a sex offender who 6 is also a sexual predator, as defined in s. 775.21. A sexual 7 predator must register as required under s. 775.21. 8 Section 3. This act shall take effect July 1 of the 9 year in which enacted. 10 11 ***************************************** 12 HOUSE SUMMARY 13 Revises the Florida Sexual Predators Act. Imposes 14 additional requirements with respect to public notification of the presence of a sexual predator who has 15 committed one or more specified offenses against a child. Requires the Department of Corrections and other 16 governmental or private agencies or entities having custody, control, or supervision over such sexual 17 predator to provide certain advance notification to the local governing body of the community, and chief of 18 police of the municipality or sheriff of the county, where the sexual predator intends to temporarily or 19 permanently reside upon release. Requires the sexual predator to provide certain notice to the local governing 20 body and chief of police of the municipality or sheriff of the county within a specified period after release. 21 Requires a sexual predator entering the state to provide certain notice to the Department of Law Enforcement 22 within a specified period. Prohibits violation of specified notice requirements imposed upon such sexual 23 predator, and provides penalties. 24 25 26 27 28 29 30 31 18