CODING: Words stricken are deletions; words underlined are additions.House Bill 0049c1
Florida House of Representatives - 1997 CS/HB 49
By the Committee on Crime & Punishment and Representatives
Albright, Ball, Brooks, Argenziano and Fasano
1 A bill to be entitled
2 An act relating to sexual predators and
3 offenders; amending s. 775.21, F.S.; deleting
4 language prohibiting community and public
5 notification of certain sexual predators and
6 authorizing notification in a manner deemed
7 appropriate by the sheriff and the chief of
8 police; deleting language providing for
9 community and public notification under former
10 s. 775.225 and authorizing notification in a
11 manner deemed appropriate by the sheriff or
12 chief of police; deleting requirement that
13 community and public notice include the age of
14 the victim and providing instead for
15 requirement that notice state whether the
16 victim was a minor or an adult; amending s.
17 944.606, F.S.; deleting language preventing the
18 Florida Department of Law Enforcement or any
19 law enforcement agency from notifying the
20 community and the general public of a sexual
21 offender's presence in the community;
22 permitting agencies to notify the community and
23 the public of a sexual offender's presence in
24 the community; providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsections (4) and (7) of section 775.21,
29 Florida Statutes, 1996 Supplement, are amended to read:
30 775.21 The Florida Sexual Predators Act; definitions;
31 legislative findings, purpose, and intent; criteria;
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1 designation; registration; community and public notification;
2 immunity; penalties.--
3 (4) SEXUAL PREDATOR CRITERIA.--
4 (a) For a current offense committed on or after
5 October 1, 1993, and before October 1, 1995:
6 1. An offender who was found by the court under former
7 s. 775.22 or former s. 775.23 to be a sexual predator is a
8 "sexual predator" if the court made a written finding that the
9 offender was a sexual predator at the time of sentencing, as
10 required by former s. 775.23. Such sexual predator must
11 register or be registered as a sexual predator with the
12 department, and but is not subject to community and public
13 notification. Upon notification of the presence of a sexual
14 predator, the sheriff of the county or the chief of police of
15 the municipality where the sexual predator temporarily or
16 permanently resides shall notify the community and the public
17 of the presence of the sexual predator in a manner deemed
18 appropriate by the sheriff or the chief of police.
19 2. If an offender has been registered as a sexual
20 predator by the Department of Corrections, the department, or
21 any other law enforcement agency and:
22 a. The court did not, for whatever reason, make a
23 written finding at the time of sentencing that the offender
24 was a sexual predator, or
25 b. The offender was administratively registered as a
26 sexual predator because the Department of Corrections, the
27 department, or any other law enforcement agency obtained
28 information which indicated that the offender met the sexual
29 predator criteria based on a violation of a similar law in
30 another jurisdiction,
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1 the department shall remove that offender from the
2 department's sexual predator list, and shall notify the state
3 attorney who prosecuted the offense that triggered the
4 administrative sexual predator designation for offenders
5 described in sub-subparagraph a., or the state attorney of the
6 county where the offender permanently or temporarily resides
7 on October 1, 1996, for offenders described in
8 sub-subparagraph b. The state attorney may bring the matter to
9 the court's attention in order to establish that the offender
10 meets the sexual predator criteria. If the court then makes a
11 written finding that the offender is a sexual predator, the
12 offender is designated as a sexual predator and must register
13 or be registered as a sexual predator with the department, but
14 is not subject to community and public notification. If the
15 court does not make a written finding that the offender is a
16 sexual predator, the offender is not designated as a sexual
17 predator with respect to that offense, is not required to
18 register or be registered as a sexual predator with the
19 department, and is not subject to community and public
20 notification.
21 (b) For a current offense committed on or after
22 October 1, 1995, and before October 1, 1996:
23 1. An offender who was found by the court under former
24 s. 775.22 or former s. 775.23 to be a sexual predator is a
25 "sexual predator" if the court made a written finding that the
26 offender was a sexual predator at the time of sentencing, as
27 required by former s. 775.23. Such sexual predator must
28 register or be registered with the department, and is subject
29 to the community and public notification provisions of former
30 s. 775.225. Upon notification of the presence of a sexual
31 predator, the sheriff of the county or the chief of police of
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1 the municipality where the sexual predator temporarily or
2 permanently resides shall notify the community and the public
3 of the presence of the sexual predator in a manner deemed
4 appropriate by the sheriff or the chief of police.
5 2. If an offender has been registered as a sexual
6 predator by the Department of Corrections, the department, or
7 any other law enforcement agency and:
8 a. The court did not, for whatever reason, make a
9 written finding at the time of sentencing that the offender
10 was a sexual predator, or
11 b. The offender was administratively registered as a
12 sexual predator because the Department of Corrections, the
13 department, or any other law enforcement agency obtained
14 information which indicated that the offender met the sexual
15 predator criteria based on a violation of a similar law in
16 another jurisdiction,
17
18 the department shall remove that offender from the
19 department's sexual predator list, and shall notify the state
20 attorney who prosecuted the offense that triggered the
21 administrative sexual predator designation for offenders
22 described in sub-subparagraph a., or the state attorney of the
23 county where the offender permanently or temporarily resides
24 on October 1, 1996, for offenders described in
25 sub-subparagraph b. The state attorney may bring the matter to
26 the court's attention in order to establish that the offender
27 meets the sexual predator criteria. If the court makes a
28 written finding that the offender is a sexual predator, the
29 offender is designated as a sexual predator, must register or
30 be registered as a sexual predator with the department, and is
31 subject to the community and public notification provisions
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1 under former s. 775.225. If the court does not make a written
2 finding that the offender is a sexual predator, the offender
3 is not designated as a sexual predator with respect to that
4 offense and, is not required to register or be registered as a
5 sexual predator with the department, and is not subject to the
6 community and public notification provisions under former s.
7 775.225.
8 (c) For a current offense committed on or after
9 October 1, 1996, upon conviction, an offender shall be
10 designated as a "sexual predator" under subsection (5), and
11 subject to registration under subsection (6) and community and
12 public notification under subsection (7) if:
13 1. The felony meets the criteria of former ss.
14 775.22(2) and 775.23(2), specifically, the felony is:
15 a. A capital, life, or first degree felony violation
16 of chapter 794 or s. 847.0145, or of a similar law of another
17 jurisdiction; or
18 b. Any second degree or greater felony violation of
19 chapter 794, s. 800.04, s. 827.071, or s. 847.0145, or of a
20 similar law of another jurisdiction, and the offender has
21 previously been convicted of or found to have committed, or
22 has pled nolo contendere or guilty to, regardless of
23 adjudication, any violation of s. 794.011(2), (3), (4), (5),
24 or (8), s. 794.023, s. 800.04, s. 827.071, s. 847.0133, or s.
25 847.0145, or of a similar law of another jurisdiction;
26 2. The offender has not received a pardon for any
27 felony or similar law of another jurisdiction that is
28 necessary for the operation of this paragraph; and
29 3. A conviction of a felony or similar law of another
30 jurisdiction necessary to the operation of this paragraph has
31 not been set aside in any postconviction proceeding.
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1 (d) In order to be counted as a prior felony for
2 purposes of this subsection, the felony must have resulted in
3 a conviction sentenced separately, or an adjudication of
4 delinquency entered separately, prior to the current offense
5 and sentenced or adjudicated separately from any other felony
6 conviction that is to be counted as a prior felony. If the
7 offender's prior enumerated felony was committed more than 10
8 years before the primary offense, it shall not be considered a
9 prior felony under this subsection if the offender has not
10 been convicted of any other crime for a period of 10
11 consecutive years from the most recent date of release from
12 confinement, supervision, or sanction, whichever is later.
13 (e) "Conviction" means a determination of guilt that
14 is the result of a plea or a trial, regardless of whether
15 adjudication is withheld.
16 (5) SEXUAL PREDATOR DESIGNATION.--For a current
17 offense committed on or after October 1, 1996, an offender is
18 designated as a sexual predator as follows:
19 (a)1. An offender who meets the sexual predator
20 criteria described in paragraph (4)(c) who is before the court
21 for sentencing for a current offense committed on or after
22 October 1, 1996, is a sexual predator, and the sentencing
23 court must make a written finding at the time of sentencing
24 that the offender is a sexual predator; or
25 2. If the Department of Corrections, the department,
26 or any other law enforcement agency obtains information which
27 indicates that an offender who permanently or temporarily
28 resides in this state meets the sexual predator criteria
29 described in paragraph (4)(c) because the offender committed a
30 similar violation in another jurisdiction on or after October
31 1, 1996, the Department of Corrections, the department, or the
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1 law enforcement agency shall notify the state attorney of the
2 county where the offender permanently or temporarily resides
3 of the offender's presence in the community. The state
4 attorney shall file a petition with the criminal division of
5 the circuit court for the purpose of holding a hearing to
6 determine if the offender's criminal record from another
7 jurisdiction meets the sexual predator criteria. If the court
8 finds that the offender meets the sexual predator criteria
9 because the offender has violated a similar law or similar
10 laws in another jurisdiction, the court shall make a written
11 finding that the offender is a sexual predator.
12
13 When the court makes a written finding that an offender is a
14 sexual predator, the court shall inform the sexual predator of
15 the registration and community and public notification
16 requirements described in this section. Within 48 hours of the
17 court designating an offender as a sexual predator, the clerk
18 of the circuit court shall transmit a copy of the court's
19 written sexual predator finding to the department. If the
20 offender is sentenced to a term of imprisonment or
21 supervision, a copy of the court's written sexual predator
22 finding must be submitted to the Department of Corrections.
23 (b) If the Department of Corrections, the department,
24 or any other law enforcement agency obtains information which
25 indicates that an offender meets the sexual predator criteria
26 but the court did not make a written finding that the offender
27 is a sexual predator as required in paragraph (a), the
28 Department of Corrections, the department, or the law
29 enforcement agency shall notify the state attorney who
30 prosecuted the offense for offenders described in subparagraph
31 (a)1., or the state attorney of the county where the offender
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1 temporarily or permanently resides upon first entering the
2 state for offenders described in subparagraph (a)2. The state
3 attorney shall bring the matter to the court's attention in
4 order to establish that the offender meets the sexual predator
5 criteria. If the state attorney fails to establish that an
6 offender meets the sexual predator criteria and the court does
7 not make a written finding that an offender is a sexual
8 predator, the offender is not required to register with the
9 department as a sexual predator, and the department and other
10 law enforcement agencies are not authorized to inform the
11 community and the public of the offender's presence. The
12 offender must comply with the convicted felon registration
13 requirements under s. 775.13. The Department of Corrections,
14 the department, or any other law enforcement agency shall not
15 administratively designate an offender as a sexual predator
16 without a written finding from the court that the offender is
17 a sexual predator.
18 (6) REGISTRATION.--
19 (a) A sexual predator must register with the
20 department by providing the following information to the
21 department:
22 1. Name, social security number, age, race, sex, date
23 of birth, height, weight, hair and eye color, photograph,
24 address of legal residence, address of any current temporary
25 residence, date and place of any employment, date and place of
26 each conviction, fingerprints, and a brief description of the
27 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 The sexual predator may register directly with the department,
3 or the Department of Corrections or any law enforcement agency
4 may register the sexual predator with the department. The
5 sexual predator is not required to make any further
6 registration as a convicted felony offender in any county.
7 (b) Each sexual predator who is residing permanently
8 or temporarily in the state outside of a correctional
9 facility, jail, or secure treatment facility must register or
10 be registered with the department within 48 hours after
11 entering the county of permanent or temporary residence. A
12 sexual predator who is registered with the department must
13 provide written notification to the department of any change
14 in permanent or temporary residence within 48 hours after
15 arrival at the new place of permanent or temporary residence.
16 (c) The department must notify the sheriff and the
17 state attorney of the county and, if applicable, the police
18 chief of the municipality, where the sexual predator
19 permanently or temporarily resides within 48 hours after the
20 sexual predator registers with the department or provides
21 change of location information to the department.
22 (d)1. The department is responsible for the on-line
23 maintenance of current information regarding each registered
24 sexual predator. The department must maintain hotline access
25 for state, local, and federal law enforcement agencies to
26 obtain instantaneous locator file and offender characteristics
27 information on all released registered sexual predators for
28 purposes of monitoring, tracking, and prosecution. The
29 photograph and fingerprints do not have to be stored in a
30 computerized format.
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1 2. The department's sexual predator registration list,
2 containing the information described in subparagraph (a)1., is
3 a public record. The department is authorized to disseminate
4 this public information by any means deemed appropriate,
5 including operating a "900" telephone number for this purpose.
6 When the department provides information regarding a
7 registered sexual predator to the public, department personnel
8 must advise the person making the inquiry that positive
9 identification of a person believed to be a sexual predator
10 cannot be established unless a fingerprint comparison is made,
11 and that it is illegal to use public information regarding a
12 registered sexual predator to facilitate the commission of a
13 crime.
14 3. The department shall adopt guidelines as necessary
15 regarding the registration of sexual predators and the
16 dissemination of information regarding sexual predators as
17 required by this section.
18 (e) A sexual predator must maintain registration with
19 the department for the duration of his or her life, unless the
20 sexual predator has had his or her civil rights restored, or
21 has received a full pardon or has had a conviction set aside
22 in a postconviction proceeding for any felony sex offense
23 which met the criteria for the sexual predator designation;
24 however, a sexual predator who has been lawfully released from
25 confinement, supervision, or sanction, whichever is later, for
26 at least 10 years and has not been arrested for any felony or
27 misdemeanor offense since release, may petition the criminal
28 division of the circuit court for the purpose of removing the
29 sexual predator designation. The court has the discretion to
30 grant or deny such relief.
31 (7) COMMUNITY AND PUBLIC NOTIFICATION.--
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1 (a) Law enforcement agencies must inform the community
2 and the public of a sexual predator's presence. Upon
3 notification of the presence of a sexual predator, the sheriff
4 of the county or the chief of police of the municipality where
5 the sexual predator temporarily or permanently resides shall
6 notify the community and the public of the presence of the
7 sexual predator in a manner deemed appropriate by the sheriff
8 or the chief of police. Information provided to the community
9 and the public regarding a sexual predator must include:
10 1. The name of the sexual predator;
11 2. A description of the sexual predator, including a
12 photograph;
13 3. The sexual predator's current address, including
14 the name of the county or municipality;
15 4. The circumstances of the sexual predator's offense
16 or offenses; and
17 5. Whether The age of the victim of the sexual
18 predator's offense or offenses was, at the time of the
19 offense, a minor or an adult.
20
21 This paragraph does not authorize the release of the name of
22 any victim of the sexual predator.
23 (b) The sheriff or the police chief may coordinate the
24 community and public notification efforts with the department.
25 Statewide notification to the public is authorized, as deemed
26 appropriate by local law enforcement personnel and the
27 department.
28 (c) The department shall notify the public of all
29 designated sexual predators through the Internet. The
30 Internet notice shall include the information required by
31 paragraph (a).
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1 (d)(c) The department shall adopt a protocol to assist
2 law enforcement agencies in their efforts to notify the
3 community and the public of the presence of sexual predators.
4 The department, in consultation and cooperation with the
5 Department of Highway Safety and Motor Vehicles, shall
6 determine the feasibility of requiring sexual predators to
7 have a special designation on any drivers license,
8 identification card, or license tag issued in this state.
9 Section 2. Section 944.606, Florida Statutes, 1996
10 Supplement, is amended to read:
11 944.606 Sexual offenders; notification upon release.--
12 (1) As used in this section:
13 (a) "Conviction" means a determination of guilt that
14 is the result of a plea or a trial, regardless of whether
15 adjudication is withheld.
16 (b) "Sexual offender" means a person who has been
17 convicted of a felony violation of chapter 794, s. 800.04, s.
18 827.071, or s. 847.0145, or a violation of a similar law of
19 another jurisdiction, when the department has received
20 verified information regarding such conviction; an offender's
21 computerized criminal history record is not, in and of itself,
22 verified information.
23 (2) The Legislature finds that sexual offenders pose a
24 high risk of engaging in sexual offenses even after being
25 released from incarceration or commitment and that protection
26 of the public from sexual offenders is a paramount
27 governmental interest. Sexual offenders have a reduced
28 expectation of privacy because of the public's interest in
29 public safety and in the effective operation of government.
30 Releasing sexual offender information to law enforcement
31 agencies, and to persons who request such information, or
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1 whenever deemed appropriate by a law enforcement or public
2 agency to protect the public will further the governmental
3 interests of public safety.
4 (3)(a) The department must provide information
5 regarding any sexual offender who is being released after
6 serving a period of incarceration for any offense, as follows:
7 1. The department must provide: the sexual offender's
8 name, social security number, race, sex, date of birth,
9 height, weight, and hair and eye color; date and county of
10 sentence and each crime for which the offender was sentenced;
11 a copy of the offender's fingerprints and a photograph taken
12 within 90 days of release; and the offender's intended
13 residence address, if known.
14 2. The department may provide any other information
15 deemed necessary, including criminal and corrections records,
16 nonprivileged personnel and treatment records, when available.
17 (b) The department must provide the information
18 described in subparagraph (a)1. to:
19 1. The sheriff of the county from where the sexual
20 offender was sentenced;
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; and
24 3. Any person who requests such information,
25
26 either within 6 months prior to the anticipated release of a
27 sexual offender, or as soon as possible if an offender is
28 released earlier than anticipated.
29 (c) Upon request, the department must provide the
30 information described in subparagraph (a)2. to:
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1 1. The sheriff of the county from where the sexual
2 offender was sentenced; and
3 2. The sheriff of the county and, if applicable, the
4 police chief of the municipality, where the sexual offender
5 plans to reside,
6
7 either within 6 months prior to the anticipated release of a
8 sexual offender, or as soon as possible if an offender is
9 released earlier than anticipated.
10 (d) Upon receiving information regarding a sexual
11 offender from the department, the Department of Law
12 Enforcement, a sheriff, or the chief of police shall provide
13 the information described in subparagraph (a)1. to any
14 individual who requests such information, and may, to promote
15 or protect public safety, release the information to the
16 public in any manner deemed appropriate.
17 (4) This section authorizes does not authorize the
18 department or any law enforcement agency to notify the
19 community and the public of a sexual offender's presence in
20 the community in the interest of public safety. However, with
21 respect to a sexual offender who has been found to be a
22 "sexual predator" under chapter 775, the Florida Department of
23 Law Enforcement or any other law enforcement agency must
24 inform the community and the public of the sexual predator's
25 presence in the community, as provided in chapter 775.
26 (5) An elected or appointed official, public employee,
27 or agency is immune from civil liability for damages resulting
28 from the release of information under this section.
29 Section 3. This act shall take effect upon becoming a
30 law.
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