Senate Bill 1260c1
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By the Committee on Criminal Justice and Senator Brown-Waite
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1 A bill to be entitled
2 An act relating to sexual predators and sexual
3 offenders; amending s. 775.21, F.S.;
4 streamlining sexual predator registration;
5 amending the sexual predator definition;
6 clarifying temporary residence; requiring that
7 the Department of Corrections or custodian of a
8 local jail notify the Department of Law
9 Enforcement if a sexual predator escapes from
10 custody, absconds from supervision, or dies;
11 deleting current exemption from registration if
12 sexual predator has civil rights restored;
13 amending s. 943.0435, F.S.; clarifying
14 temporary residence; deleting current exemption
15 from lifetime registration if sexual offender
16 has civil rights restored; authorizing a
17 petition for removal of registration
18 requirements by a minor if specific criteria
19 are met; amending s. 944.606, F.S., relating to
20 reporting requirements for sexual offenders
21 upon release; conforming a cross-reference;
22 deleting current exemption from lifetime
23 registration requirement if sexual offender has
24 civil rights restored; requiring that the
25 Department of Corrections notify the Department
26 of Law Enforcement if a sexual offender
27 escapes, absconds, or dies; amending s.
28 944.607, F.S.; relating to notification to the
29 Department of Law Enforcement of information on
30 sexual offenders; correcting a reference to
31 refer to the Department of Law Enforcement;
1
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1 clarifying temporary residence; amending s.
2 921.0022, F.S., relating to offense severity
3 ranking chart; correcting a statutory reference
4 relating to the ranking of an offense involving
5 a sexual predator's failure to follow specific
6 requirements under s. 775.21, F.S.; providing
7 an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Section 775.21, Florida Statutes, 1998
12 Supplement, is amended to read:
13 775.21 The Florida Sexual Predators Act; definitions;
14 legislative findings, purpose, and intent; criteria;
15 designation; registration; community and public notification;
16 immunity; penalties.--
17 (1) SHORT TITLE.--This section may be cited as "The
18 Florida Sexual Predators Act."
19 (2) DEFINITIONS.--As used in this section, the term:
20 (a) "Chief of police" means the chief law enforcement
21 officer of a municipality.
22 (b) "Community" means any county where the sexual
23 predator lives or otherwise establishes or maintains a
24 temporary or permanent residence; or any address used by the
25 person, including any out-of-state address.
26 (c) "Conviction" means a determination of guilt which
27 is the result of a trial or the entry of a plea of guilty or
28 nolo contendere, regardless of whether adjudication is
29 withheld. A conviction for a similar offense includes, but is
30 not limited to, a conviction by a federal or military
31 tribunal, including courts-martial conducted by the Armed
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1 Forces of the United States, and includes a conviction in any
2 state of the United States.
3 (d) "Department" means the Department of Law
4 Enforcement.
5 (e) "Entering the county" includes being discharged
6 from a correctional facility or jail or secure treatment
7 facility within the county or being under supervision within
8 the county for the commission of a violation enumerated in
9 subsection (4).
10 (f) "Permanent residence" means a place where the
11 person abides, lodges, or resides for 14 or more consecutive
12 days.
13 (g) "Temporary residence" means a place where the
14 person abides, lodges, or resides for a period of 14 or more
15 days in the aggregate during any calendar year and which is
16 not the person's permanent address; for a person whose
17 permanent residence is not in this state, a place where the
18 person is employed, practices a vocation, or is enrolled as a
19 student for any period of time in this state; or a place where
20 the person routinely abides, lodges, or resides for a period
21 of 4 or more consecutive or nonconsecutive days in any month
22 and which is not the person's permanent residence; or any
23 address used by the person, including any out-of-state
24 address.
25 (3) LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE
26 INTENT.--
27 (a) Repeat sexual offenders, sexual offenders who use
28 physical violence, and sexual offenders who prey on children
29 are sexual predators who present an extreme threat to the
30 public safety. Sexual offenders are extremely likely to use
31 physical violence and to repeat their offenses, and most
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1 sexual offenders commit many offenses, have many more victims
2 than are ever reported, and are prosecuted for only a fraction
3 of their crimes. This makes the cost of sexual offender
4 victimization to society at large, while incalculable, clearly
5 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
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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 members of the community and the public be notified of the
12 sexual predator's presence. The designation of a person as a
13 sexual predator is neither a sentence nor a punishment but
14 simply a status resulting from the conviction of certain
15 crimes.
16 (e) It is the intent of the Legislature to address the
17 problem of sexual predators by:
18 1. Requiring sexual predators supervised in the
19 community to have special conditions of supervision and to be
20 supervised by probation officers with low caseloads;
21 2. Requiring sexual predators to register with the
22 Florida Department of Law Enforcement, as provided in this
23 section; and
24 3. Requiring community and public notification of the
25 presence of a sexual predator, as provided in this section.
26 (4) SEXUAL PREDATOR CRITERIA.--
27 (a) For a current offense committed on or after
28 October 1, 1993, and before October 1, 1995:
29 1. An offender who was found by the court under former
30 s. 775.22 or former s. 775.23 to be a sexual predator is a
31 "sexual predator" if the court made a written finding that the
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1 offender was a sexual predator at the time of sentencing, as
2 required by former s. 775.23. Such sexual predator must
3 register or be registered as a sexual predator with the
4 department as provided in subsection (6), and is subject to
5 community and public notification as provided in subsection
6 (7). Upon notification of the presence of a sexual predator,
7 the sheriff of the county or the chief of police of the
8 municipality where the sexual predator establishes or
9 maintains a permanent or temporary residence shall notify
10 members of the community and the public of the presence of the
11 sexual predator in a manner deemed appropriate by the sheriff
12 or the chief of police.
13 2. If an offender has been registered as a sexual
14 predator by the Department of Corrections, the department, or
15 any other law enforcement agency and:
16 a. The court did not, for whatever reason, make a
17 written finding at the time of sentencing that the offender
18 was a sexual predator, or
19 b. The offender was administratively registered as a
20 sexual predator because the Department of Corrections, the
21 department, or any other law enforcement agency obtained
22 information which indicated that the offender met the sexual
23 predator criteria based on a violation of a similar law in
24 another jurisdiction,
25
26 the department shall remove that offender from the
27 department's sexual predator list, and shall notify the state
28 attorney who prosecuted the offense that triggered the
29 administrative sexual predator designation for offenders
30 described in sub-subparagraph a., or the state attorney of the
31 county where the offender establishes or maintains a permanent
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1 or temporary residence on October 1, 1996, for offenders
2 described in sub-subparagraph b. The state attorney may bring
3 the matter to the court's attention in order to establish that
4 the offender meets the sexual predator criteria. If the court
5 then makes a written finding that the offender is a sexual
6 predator, the offender is designated as a sexual predator,
7 must register or be registered as a sexual predator with the
8 department as provided in subsection (6), and is subject to
9 community and public notification requirements as provided in
10 subsection (7). If the court does not make a written finding
11 that the offender is a sexual predator, the offender is not
12 designated as a sexual predator with respect to that offense,
13 is not required to register or be registered as a sexual
14 predator with the department, and is not subject to the
15 requirements for community and public notification as a sexual
16 predator.
17 (b) For a current offense committed on or after
18 October 1, 1995, and before October 1, 1996:
19 1. An offender who was found by the court under former
20 s. 775.22 or former s. 775.23 to be a sexual predator is a
21 "sexual predator" if the court made a written finding that the
22 offender was a sexual predator at the time of sentencing, as
23 required by former s. 775.23. Such sexual predator must
24 register or be registered with the department as provided in
25 subsection (6), and is subject to community and public
26 notification as provided in subsection (7). Upon notification
27 of the presence of a sexual predator, the sheriff of the
28 county or the chief of police of the municipality where the
29 sexual predator establishes or maintains a permanent or
30 temporary residence shall notify the community and the public
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1 of the presence of the sexual predator in a manner deemed
2 appropriate by the sheriff or the chief of police.
3 2. If an offender has been registered as a sexual
4 predator by the Department of Corrections, the department, or
5 any other law enforcement agency and:
6 a. The court did not, for whatever reason, make a
7 written finding at the time of sentencing that the offender
8 was a sexual predator, or
9 b. The offender was administratively registered as a
10 sexual predator because the Department of Corrections, the
11 department, or any other law enforcement agency obtained
12 information which indicated that the offender met the sexual
13 predator criteria based on a violation of a similar law in
14 another jurisdiction,
15
16 the department shall remove that offender from the
17 department's sexual predator list, and shall notify the state
18 attorney who prosecuted the offense that triggered the
19 administrative sexual predator designation for offenders
20 described in sub-subparagraph a., or the state attorney of the
21 county where the offender establishes or maintains a permanent
22 or temporary residence on October 1, 1996, for offenders
23 described in sub-subparagraph b. The state attorney may bring
24 the matter to the court's attention in order to establish that
25 the offender meets the sexual predator criteria. If the court
26 makes a written finding that the offender is a sexual
27 predator, the offender is designated as a sexual predator,
28 must register or be registered as a sexual predator with the
29 department as provided in subsection (6), and is subject to
30 the community and public notification as provided in
31 subsection (7). If the court does not make a written finding
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1 that the offender is a sexual predator, the offender is not
2 designated as a sexual predator with respect to that offense
3 and is not required to register or be registered as a sexual
4 predator with the department.
5 (a)(c) For a current offense committed on or after
6 October 1, 1993 1996, upon conviction, an offender shall be
7 designated as a "sexual predator" under subsection (5), and
8 subject to registration under subsection (6) and community and
9 public notification under subsection (7) if:
10 1. The felony meets the criteria of former ss.
11 775.22(2) and 775.23(2), specifically, The felony is:
12 a. A capital, life, or first-degree felony violation
13 of s. 787.01 or s. 787.02, where the victim is a minor and the
14 defendant is not the victim's parent, or of chapter 794 or s.
15 847.0145, or a violation of a similar law of another
16 jurisdiction;
17 b. An attempt to commit a capital, life, or
18 first-degree felony violation of chapter 794, where the victim
19 is a minor, or a violation of a similar law of another
20 jurisdiction; or
21 c. Any second-degree or greater felony violation of s.
22 787.01 or s. 787.02, where the victim is a minor and the
23 defendant is not the victim's parent; chapter 794; s. 796.03;
24 s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a
25 violation of a similar law of another jurisdiction, and the
26 offender has previously been convicted of or found to have
27 committed, or has pled nolo contendere or guilty to,
28 regardless of adjudication, any violation of s. 787.01 or s.
29 787.02, where the victim is a minor and the defendant is not
30 the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s.
31 794.023; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
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1 847.0133; s. 847.0135; or s. 847.0145, or a violation of a
2 similar law of another jurisdiction;
3 2. The offender has not received a pardon for any
4 felony or similar law of another jurisdiction that is
5 necessary for the operation of this paragraph; and
6 3. A conviction of a felony or similar law of another
7 jurisdiction necessary to the operation of this paragraph has
8 not been set aside in any postconviction proceeding.
9 (b)(d) In order to be counted as a prior felony for
10 purposes of this subsection, the felony must have resulted in
11 a conviction sentenced separately, or an adjudication of
12 delinquency entered separately, prior to the current offense
13 and sentenced or adjudicated separately from any other felony
14 conviction that is to be counted as a prior felony. If the
15 offender's prior enumerated felony was committed more than 10
16 years before the primary offense, it shall not be considered a
17 prior felony under this subsection if the offender has not
18 been convicted of any other crime for a period of 10
19 consecutive years from the most recent date of release from
20 confinement, supervision, or sanction, whichever is later.
21 (c) If an offender has been registered as a sexual
22 predator by the Department of Corrections, the department, or
23 any other law enforcement agency and if:
24 1. The court did not, for whatever reason, make a
25 written finding at the time of sentencing that the offender
26 was a sexual predator; or
27 2. The offender was administratively registered as a
28 sexual predator because the Department of Corrections, the
29 department, or any other law enforcement agency obtained
30 information that indicated that the offender met the criteria
31
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1 for designation as a sexual predator based on a violation of a
2 similar law in another jurisdiction,
3
4 the department shall remove that offender from the
5 department's list of sexual predators and, for an offender
6 described under subparagraph 1., shall notify the state
7 attorney who prosecuted the offense that met the criteria for
8 administrative designation as a sexual predator, and, for an
9 offender described under subparagraph 2., shall notify the
10 state attorney of the county where the offender establishes or
11 maintains a permanent or temporary residence. The state
12 attorney may bring the matter to the court's attention in
13 order to establish that the offender meets the criteria for
14 designation as a sexual predator. If the court makes a written
15 finding that the offender is a sexual predator, the offender
16 must be designated as a sexual predator, must register or be
17 registered as a sexual predator with the department as
18 provided in subsection (6), and is subject to the community
19 and public notification as provided in subsection (7). If the
20 court does not make a written finding that the offender is a
21 sexual predator, the offender may not be designated as a
22 sexual predator with respect to that offense and is not
23 required to register or be registered as a sexual predator
24 with the department.
25 (5) SEXUAL PREDATOR DESIGNATION.--For a current
26 offense committed on or after October 1, 1993 1996, an
27 offender is designated as a sexual predator as follows:
28 (a)1. An offender who meets the sexual predator
29 criteria described in paragraph (4)(a) (4)(c) who is before
30 the court for sentencing for a current offense committed on or
31 after October 1, 1993 1996, is a sexual predator, and the
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1 sentencing court must make a written finding at the time of
2 sentencing that the offender is a sexual predator, and the
3 clerk of the court shall transmit a copy of the order
4 containing the written finding to the department within 48
5 hours after the entry of the order; or
6 2. If the Department of Corrections, the department,
7 or any other law enforcement agency obtains information which
8 indicates that an offender who establishes or maintains a
9 permanent or temporary residence in this state meets the
10 sexual predator criteria described in paragraph (4)(a) (4)(c)
11 because the offender committed a similar violation in another
12 jurisdiction on or after October 1, 1993 1996, the Department
13 of Corrections, the department, or the law enforcement agency
14 shall notify the state attorney of the county where the
15 offender establishes or maintains a permanent or temporary
16 residence of the offender's presence in the community. The
17 state attorney shall file a petition with the criminal
18 division of the circuit court for the purpose of holding a
19 hearing to determine if the offender's criminal record from
20 another jurisdiction meets the sexual predator criteria. If
21 the court finds that the offender meets the sexual predator
22 criteria because the offender has violated a similar law or
23 similar laws in another jurisdiction, the court shall make a
24 written finding that the offender is a sexual predator.
25
26 When the court makes a written finding that an offender is a
27 sexual predator, the court shall inform the sexual predator of
28 the registration and community and public notification
29 requirements described in this section. Within 48 hours of the
30 court designating an offender as a sexual predator, the clerk
31 of the circuit court shall transmit a copy of the court's
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1 written sexual predator finding to the department. If the
2 offender is sentenced to a term of imprisonment or
3 supervision, a copy of the court's written sexual predator
4 finding must be submitted to the Department of Corrections.
5 (b) If a sexual predator is not sentenced to a term of
6 imprisonment, the clerk of the court shall ensure that the
7 sexual predator's fingerprints are taken and forwarded to the
8 department within 48 hours after the court renders its written
9 sexual predator finding. The fingerprint card shall be clearly
10 marked, "Sexual Predator Registration Card." The clerk of the
11 court that convicts and sentences the sexual predator for the
12 offense or offenses described in subsection (4) shall forward
13 to the department and to the Department of Corrections a
14 certified copy of any order entered by the court imposing any
15 special condition or restriction on the sexual predator which
16 restricts or prohibits access to the victim, if the victim is
17 a minor, or to other minors.
18 (c) If the Department of Corrections, the department,
19 or any other law enforcement agency obtains information which
20 indicates that an offender meets the sexual predator criteria
21 but the court did not make a written finding that the offender
22 is a sexual predator as required in paragraph (a), the
23 Department of Corrections, the department, or the law
24 enforcement agency shall notify the state attorney who
25 prosecuted the offense for offenders described in subparagraph
26 (a)1., or the state attorney of the county where the offender
27 establishes or maintains a residence upon first entering the
28 state for offenders described in subparagraph (a)2. The state
29 attorney shall bring the matter to the court's attention in
30 order to establish that the offender meets the sexual predator
31 criteria. If the state attorney fails to establish that an
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1 offender meets the sexual predator criteria and the court does
2 not make a written finding that an offender is a sexual
3 predator, the offender is not required to register with the
4 department as a sexual predator. The Department of
5 Corrections, the department, or any other law enforcement
6 agency shall not administratively designate an offender as a
7 sexual predator without a written finding from the court that
8 the offender is a sexual predator.
9 (d) A person who establishes or maintains a residence
10 in this state and who has not been designated as a sexual
11 predator by a court of this state but who has been designated
12 as a sexual predator, as a sexually violent predator, or by
13 another sexual offender designation in another state or
14 jurisdiction and was, as a result of such designation,
15 subjected to registration or community or public notification,
16 or both, shall register in the manner provided in s. 943.0435
17 or s. 944.607 and shall be subject to community and public
18 notification as provided in s. 943.0435 or s. 944.607. A
19 person who meets the criteria of this section is subject to
20 the requirements and penalty provisions of s. 943.0435 or s.
21 944.607 until the person provides the department with an order
22 issued by the court that designated the person as a sexual
23 predator, as a sexually violent predator, or by another sexual
24 offender designation in another state or jurisdiction in which
25 the order was issued which states that such designation has
26 been removed, and provided such person no longer meets the
27 criteria for registration as a sexual offender under the laws
28 of this state.
29 (6) REGISTRATION.--
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1 (a) A sexual predator must register with the
2 department by providing the following information to the
3 department:
4 1. Name, social security number, age, race, sex, date
5 of birth, height, weight, hair and eye color, photograph,
6 address of legal residence and address of any current
7 temporary residence, both within the state and out-of-state,
8 including a rural route address and a post office box, date
9 and place of any employment, date and place of each
10 conviction, fingerprints, and a brief description of the crime
11 or crimes committed by the offender. A post office box shall
12 not be provided in lieu of a physical residential address. If
13 the sexual predator's place of residence is a motor vehicle,
14 trailer, mobile home, or manufactured home, as defined in
15 chapter 320, the sexual predator shall also provide to the
16 department written notice of the vehicle identification
17 number; the license tag number; the registration number; and a
18 description, including color scheme, of the motor vehicle,
19 trailer, mobile home, or manufactured home. If a sexual
20 predator's place of residence is a vessel, live-aboard vessel,
21 or houseboat, as defined in chapter 327, the sexual predator
22 shall also provide to the department written notice of the
23 hull identification number; the manufacturer's serial number;
24 the name of the vessel, live-aboard vessel, or houseboat; the
25 registration number; and a description, including color
26 scheme, of the vessel, live-aboard vessel, or houseboat.
27 2. Any other information determined necessary by the
28 department, including criminal and corrections records;
29 nonprivileged personnel, treatment, and abuse registry
30 records; and evidentiary genetic markers when available.
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1 (b) If the sexual predator is in the custody or
2 control of, or under the supervision of, the Department of
3 Corrections, or is in the custody of a private correctional
4 facility, the sexual predator must register with the
5 Department of Corrections. The Department of Corrections shall
6 provide to the department registration information and the
7 location of, and local telephone number for, any Department of
8 Corrections office that is responsible for supervising the
9 sexual predator. In addition, the Department of Corrections
10 shall notify the department if the sexual predator escapes or
11 absconds from custody or supervision or if the sexual predator
12 dies.
13 (c) If the sexual predator is in the custody of a
14 local jail, the custodian of the local jail shall register the
15 sexual predator and forward the registration information to
16 the department. The custodian of the local jail shall also
17 take a digitized photograph of the sexual predator while the
18 sexual predator remains in custody and shall provide the
19 digitized photograph to the department. The custodian shall
20 notify the department if the sexual predator escapes from
21 custody or dies.
22 (d) If the sexual predator is under federal
23 supervision, the federal agency responsible for supervising
24 the sexual predator may forward to the department any
25 information regarding the sexual predator which is consistent
26 with the information provided by the Department of Corrections
27 under this section, and may indicate whether use of the
28 information is restricted to law enforcement purposes only or
29 may be used by the department for purposes of public
30 notification.
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1 (e) If the sexual predator is not in the custody or
2 control of, or under the supervision of, the Department of
3 Corrections, or is not in the custody of a private
4 correctional facility, and establishes or maintains a
5 residence in the state, the sexual predator shall initially
6 register in person at an office of the department, or at the
7 sheriff's office in the county in which the predator
8 establishes or maintains a residence, within 48 hours after
9 establishing permanent or temporary residence in this state.
10 If a sexual predator registers with the sheriff's office, the
11 sheriff shall take a photograph and a set of fingerprints of
12 the predator and forward the photographs and fingerprints to
13 the department, along with the information that the predator
14 is required to provide pursuant to this section.
15 (f) Within 48 hours after the initial registration
16 required under paragraph (a) or paragraph (e), a sexual
17 predator who is not incarcerated and who resides in the
18 community, including a sexual predator under the supervision
19 of the Department of Corrections, shall register in person at
20 a driver's license office of the Department of Highway Safety
21 and Motor Vehicles and shall present proof of initial
22 registration. At the driver's license office the sexual
23 predator shall:
24 1. If otherwise qualified, secure a Florida driver's
25 license, renew a Florida driver's license, or secure an
26 identification card. The sexual predator shall identify
27 himself or herself as a sexual predator who is required to
28 comply with this section, provide his or her place of
29 permanent or temporary residence, including a rural route
30 address and a post office box, and submit to the taking of a
31 photograph for use in issuing a driver's license, renewed
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1 license, or identification card, and for use by the department
2 in maintaining current records of sexual predators. A post
3 office box shall not be provided in lieu of a physical
4 residential address. If the sexual predator's place of
5 residence is a motor vehicle, trailer, mobile home, or
6 manufactured home, as defined in chapter 320, the sexual
7 predator shall also provide to the Department of Highway
8 Safety and Motor Vehicles the vehicle identification number;
9 the license tag number; the registration number; and a
10 description, including color scheme, of the motor vehicle,
11 trailer, mobile home, or manufactured home. If a sexual
12 predator's place of residence is a vessel, live-aboard vessel,
13 or houseboat, as defined in chapter 327, the sexual predator
14 shall also provide to the Department of Highway Safety and
15 Motor Vehicles the hull identification number; the
16 manufacturer's serial number; the name of the vessel,
17 live-aboard vessel, or houseboat; the registration number; and
18 a description, including color scheme, of the vessel,
19 live-aboard vessel, or houseboat.
20 2. Pay the costs assessed by the Department of Highway
21 Safety and Motor Vehicles for issuing or renewing a driver's
22 license or identification card as required by this section.
23 3. Provide, upon request, any additional information
24 necessary to confirm the identity of the sexual predator,
25 including a set of fingerprints.
26 (g) Each time a sexual predator's driver's license or
27 identification card is subject to renewal, and within 48 hours
28 after any change of the predator's residence, the predator
29 shall report in person to a driver's license office, and shall
30 be subject to the requirements specified in paragraph (f). The
31 Department of Highway Safety and Motor Vehicles shall forward
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1 to the department and to the Department of Corrections all
2 photographs and information provided by sexual predators.
3 Notwithstanding the restrictions set forth in s. 322.142, the
4 Department of Highway Safety and Motor Vehicles is authorized
5 to release a reproduction of a color-photograph or
6 digital-image license to the Department of Law Enforcement for
7 purposes of public notification of sexual predators as
8 provided in this section.
9 (h) If the sexual predator initially registers at an
10 office of the department, the department must notify the
11 sheriff and the state attorney of the county and, if
12 applicable, the police chief of the municipality, where the
13 sexual predator maintains a residence within 48 hours after
14 the sexual predator registers with the department.
15 (i) A sexual predator who intends to establish
16 residence in another state or jurisdiction shall notify the
17 sheriff of the county of current residence or the department
18 within 48 hours before the date he or she intends to leave
19 this state to establish residence in another state or
20 jurisdiction. The notification must include the address,
21 municipality, county, and state of intended residence. The
22 sheriff shall promptly provide to the department the
23 information received from the sexual predator. The department
24 shall notify the statewide law enforcement agency, or a
25 comparable agency, in the intended state or jurisdiction of
26 residence of the sexual predator's intended residence. The
27 failure of a sexual predator to provide his or her intended
28 place of residence is punishable as provided in subsection
29 (10).
30 (j) A sexual predator who indicates his or her intent
31 to reside in another state or jurisdiction and later decides
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1 to remain in this state shall, within 48 hours after the date
2 upon which the sexual predator indicated he or she would leave
3 this state, notify the sheriff or the department, whichever
4 agency is the agency to which the sexual predator reported the
5 intended change of residence, of his or her intent to remain
6 in this state. If the sheriff is notified by the sexual
7 predator that he or she intends to remain in this state, the
8 sheriff shall promptly report this information to the
9 department. A sexual predator who reports his or her intent to
10 reside in another state or jurisdiction, but who remains in
11 this state without reporting to the sheriff or the department
12 in the manner required by this paragraph, commits a felony of
13 the second degree, punishable as provided in s. 775.082, s.
14 775.083, or s. 775.084.
15 (k)1. The department is responsible for the on-line
16 maintenance of current information regarding each registered
17 sexual predator. The department must maintain hotline access
18 for state, local, and federal law enforcement agencies to
19 obtain instantaneous locator file and offender characteristics
20 information on all released registered sexual predators for
21 purposes of monitoring, tracking, and prosecution. The
22 photograph and fingerprints do not have to be stored in a
23 computerized format.
24 2. The department's sexual predator registration list,
25 containing the information described in subparagraph (a)1., is
26 a public record. The department is authorized to disseminate
27 this public information by any means deemed appropriate,
28 including operating a toll-free telephone number for this
29 purpose. When the department provides information regarding a
30 registered sexual predator to the public, department personnel
31 must advise the person making the inquiry that positive
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1 identification of a person believed to be a sexual predator
2 cannot be established unless a fingerprint comparison is made,
3 and that it is illegal to use public information regarding a
4 registered sexual predator to facilitate the commission of a
5 crime.
6 3. The department shall adopt guidelines as necessary
7 regarding the registration of sexual predators and the
8 dissemination of information regarding sexual predators as
9 required by this section.
10 (l) A sexual predator must maintain registration with
11 the department for the duration of his or her life, unless the
12 sexual predator has had his or her civil rights restored, or
13 has received a full pardon or has had a conviction set aside
14 in a postconviction proceeding for any felony sex offense that
15 met the criteria for the sexual predator designation. However,
16 a sexual predator who was designated as a sexual predator by a
17 court before October 1, 1998, and who has been lawfully
18 released from confinement, supervision, or sanction, whichever
19 is later, for at least 10 years and has not been arrested for
20 any felony or misdemeanor offense since release, may petition
21 the criminal division of the circuit court in the circuit in
22 which the sexual predator resides for the purpose of removing
23 the sexual predator designation. A sexual predator who was
24 designated a sexual predator by a court on or after October 1,
25 1998, who has been lawfully released from confinement,
26 supervision, or sanction, whichever is later, for at least 20
27 years, and who has not been arrested for any felony or
28 misdemeanor offense since release may petition the criminal
29 division of the circuit court in the circuit in which the
30 sexual predator resides for the purpose of removing the sexual
31 predator designation. The court may grant or deny such relief
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1 if the petitioner demonstrates to the court that he or she has
2 not been arrested for any crime since release, the requested
3 relief complies with federal standards applicable to the
4 removal of the designation as a sexual predator, and the court
5 is otherwise satisfied that the petitioner is not a current or
6 potential threat to public safety. The state attorney in the
7 circuit in which the petition is filed must be given notice of
8 the petition at least 3 weeks before the hearing on the
9 matter. The state attorney may present evidence in opposition
10 to the requested relief or may otherwise demonstrate the
11 reasons why the petition should be denied. If the court denies
12 the petition, the court may set a future date at which the
13 sexual predator may again petition the court for relief,
14 subject to the standards for relief provided in this
15 paragraph. Unless specified in the order, a sexual predator
16 who is granted relief under this paragraph must comply with
17 the requirements for registration as a sexual offender and
18 other requirements provided under s. 943.0435 or s. 944.607.
19 If a petitioner obtains an order from the court that imposed
20 the order designating the petitioner as a sexual predator
21 which removes such designation, the petitioner shall forward a
22 certified copy of the written findings or order to the
23 department in order to have the sexual predator designation
24 removed from the sexual predator registry.
25 (7) COMMUNITY AND PUBLIC NOTIFICATION.--
26 (a) Law enforcement agencies must inform members of
27 the community and the public of a sexual predator's presence.
28 Upon notification of the presence of a sexual predator, the
29 sheriff of the county or the chief of police of the
30 municipality where the sexual predator establishes or
31 maintains a permanent or temporary residence shall notify
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1 members of 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. Within 48 hours after receiving
4 notification of the presence of a sexual predator, the sheriff
5 of the county or the chief of police of the municipality where
6 the sexual predator temporarily or permanently resides shall
7 notify each licensed day care center, elementary school,
8 middle school, and high school within a 1-mile radius of the
9 temporary or permanent residence of the sexual predator of the
10 presence of the sexual predator. Information provided to
11 members of the community and the public regarding a sexual
12 predator must include:
13 1. The name of the sexual predator;
14 2. A description of the sexual predator, including a
15 photograph;
16 3. The sexual predator's current address, including
17 the name of the county or municipality if known;
18 4. The circumstances of the sexual predator's offense
19 or offenses; and
20 5. Whether the victim of the sexual predator's offense
21 or offenses was, at the time of the offense, a minor or an
22 adult.
23
24 This paragraph does not authorize the release of the name of
25 any victim of the sexual predator.
26 (b) The sheriff or the police chief may coordinate the
27 community and public notification efforts with the department.
28 Statewide notification to the public is authorized, as deemed
29 appropriate by local law enforcement personnel and the
30 department.
31
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1 (c) The department shall notify the public of all
2 designated sexual predators through the Internet. The
3 Internet notice shall include the information required by
4 paragraph (a).
5 (d) The department shall adopt a protocol to assist
6 law enforcement agencies in their efforts to notify the
7 community and the public of the presence of sexual predators.
8 (8) VERIFICATION.--The department and the Department
9 of Corrections shall implement a system for verifying the
10 addresses of sexual predators. The system must be consistent
11 with federal requirements that apply to the laws of this state
12 governing sexual predators. The Department of Corrections
13 shall verify the addresses of sexual predators who are not
14 incarcerated but who reside in the community under the
15 supervision of the Department of Corrections. The department
16 shall verify the addresses of sexual predators who are not
17 under the care, custody, control, or supervision of the
18 Department of Corrections.
19 (9) IMMUNITY.--When the court has made a written
20 finding that an offender is a sexual predator, an elected or
21 appointed official, public employee, school administrator or
22 employee, agency, or any individual or entity acting at the
23 request or upon the direction of any law enforcement agency is
24 immune from civil liability for damages resulting from the
25 release of information under this section.
26 (10) PENALTIES.--
27 (a) Except as otherwise specifically provided, a
28 sexual predator who fails to register or who fails, after
29 registration, to maintain, acquire, or renew a driver's
30 license or identification card or provide required location
31 information, or who otherwise fails, by act or omission, to
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1 comply with the requirements of this section, commits a felony
2 of the third degree, punishable as provided in s. 775.082, s.
3 775.083, or s. 775.084.
4 (b) A sexual predator who has been convicted of or
5 found to have committed, or has pled nolo contendere or guilty
6 to, regardless of adjudication, any violation of s.
7 794.011(2), (3), (4), (5), or (8); s. 794.023; s. 800.04; s.
8 827.071; s. 847.0133; or s. 847.0145, or a violation of a
9 similar law of another jurisdiction, when the victim of the
10 offense was a minor, and who works, whether for compensation
11 or as a volunteer, at any business, school, day care center,
12 park, playground, or other place where children regularly
13 congregate, commits a felony of the third degree, punishable
14 as provided in s. 775.082, s. 775.083, or s. 775.084.
15 (c) Any person who misuses public records information
16 relating to a sexual predator, as defined in this section, or
17 a sexual offender, as defined in s. 943.0435 or s. 944.607, to
18 secure a payment from such a predator or offender; who
19 knowingly distributes or publishes false information relating
20 to such a predator or offender which the person misrepresents
21 as being public records information; or who materially alters
22 public records information with the intent to misrepresent the
23 information, including documents, summaries of public records
24 information provided by law enforcement agencies, or public
25 records information displayed by law enforcement agencies on
26 web sites or provided through other means of communication,
27 commits a misdemeanor of the first degree, punishable as
28 provided in s. 775.082 or s. 775.083.
29 Section 2. Section 943.0435, Florida Statutes, 1998
30 Supplement, is amended to read:
31
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1 943.0435 Sexual offenders required to register with
2 the department; penalty.--
3 (1) As used in this section, the term:
4 (a) "Sexual offender" means a person who has been:
5 1. Convicted of committing, or attempting, soliciting,
6 or conspiring to commit, any of the criminal offenses
7 proscribed in the following statutes in this state or similar
8 offenses in another jurisdiction: s. 787.01 or s. 787.02,
9 where the victim is a minor and the defendant is not the
10 victim's parent; s. 787.025; chapter 794; s. 796.03; s.
11 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
12 847.0145; or any similar offense committed in this state which
13 has been redesignated from a former statute number to one of
14 those listed in this subparagraph.
15 2. Released on or after October 1, 1997, from the
16 sanction imposed for any conviction of an offense described in
17 subparagraph 1. For purposes of subparagraph 1., a sanction
18 imposed in this state or in any other jurisdiction includes,
19 but is not limited to, a fine, probation, community control,
20 parole, conditional release, control release, or incarceration
21 in a state prison, federal prison, private correctional
22 facility, or local detention facility.
23 (b) "Convicted" means that, regarding the person's
24 offense, there has been a determination of guilt as a result
25 of a trial or the entry of a plea of guilty or nolo
26 contendere, regardless of whether adjudication is withheld.
27 Conviction of a similar offense includes, but is not limited
28 to, a conviction by a federal or military tribunal, including
29 courts-martial conducted by the Armed Forces of the United
30 States, and includes a conviction in any state of the United
31 States.
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1 (c) "Permanent residence" and "temporary residence"
2 have the same meaning ascribed in s. 775.21.
3 (2) A sexual offender shall initially report in person
4 at an office of the department, or at the sheriff's office in
5 the county in which the offender establishes or maintains a
6 permanent or temporary residence, within 48 hours after
7 establishing permanent or temporary residence in this state.
8 The sexual offender shall provide his or her name, date of
9 birth, social security number, race, sex, height, weight, hair
10 and eye color, tattoos or other identifying marks, occupation
11 and place of employment, address of permanent or legal
12 residence or address of any current temporary residence, both
13 within the state and out-of-state, including a rural route
14 address and a post office box, date and place of each
15 conviction, and a brief description of the crime or crimes
16 committed by the offender. A post office box shall not be
17 provided in lieu of a physical residential address. If the
18 sexual offender's place of residence is a motor vehicle,
19 trailer, mobile home, or manufactured home, as defined in
20 chapter 320, the sexual offender shall also provide to the
21 department written notice of the vehicle identification
22 number; the license tag number; the registration number; and a
23 description, including color scheme, of the motor vehicle,
24 trailer, mobile home, or manufactured home. If the sexual
25 offender's place of residence is a vessel, live-aboard vessel,
26 or houseboat, as defined in chapter 327, the sexual offender
27 shall also provide to the department written notice of the
28 hull identification number; the manufacturer's serial number;
29 the name of the vessel, live-aboard vessel, or houseboat; the
30 registration number; and a description, including color
31 scheme, of the vessel, live-aboard vessel, or houseboat. If a
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1 sexual offender reports at the sheriff's office, the sheriff
2 shall take a photograph and a set of fingerprints of the
3 offender and forward the photographs and fingerprints to the
4 department, along with the information provided by the sexual
5 offender.
6 (3) Within 48 hours after the initial report required
7 under subsection (2), a sexual offender shall report in person
8 at a driver's license office of the Department of Highway
9 Safety and Motor Vehicles. At the driver's license office the
10 sexual offender shall:
11 (a) If otherwise qualified, secure a Florida driver's
12 license, renew a Florida driver's license, or secure an
13 identification card. The sexual offender shall identify
14 himself or herself as a sexual offender who is required to
15 comply with this section and shall provide proof that the
16 sexual offender initially reported as required in subsection
17 (2). The sexual offender shall provide any of the information
18 specified in subsection (2), if requested. The sexual offender
19 shall submit to the taking of a photograph for use in issuing
20 a driver's license, renewed license, or identification card,
21 and for use by the department in maintaining current records
22 of sexual offenders.
23 (b) Pay the costs assessed by the Department of
24 Highway Safety and Motor Vehicles for issuing or renewing a
25 driver's license or identification card as required by this
26 section.
27 (c) Provide, upon request, any additional information
28 necessary to confirm the identity of the sexual offender,
29 including a set of fingerprints.
30 (4) Each time a sexual offender's driver's license or
31 identification card is subject to renewal, and within 48 hours
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1 after any change in the offender's permanent or temporary
2 residence, the offender shall report in person to a driver's
3 license office, and shall be subject to the requirements
4 specified in subsection (3). The Department of Highway Safety
5 and Motor Vehicles shall forward to the department all
6 photographs and information provided by sexual offenders.
7 Notwithstanding the restrictions set forth in s. 322.142, the
8 Department of Highway Safety and Motor Vehicles is authorized
9 to release a reproduction of a color-photograph or
10 digital-image license to the Department of Law Enforcement for
11 purposes of public notification of sexual offenders as
12 provided in ss. 943.043, 943.0435, and 944.606.
13 (5) This section does not apply to a sexual offender
14 who is also a sexual predator, as defined in s. 775.21. A
15 sexual predator must register as required under s. 775.21.
16 (6) The department shall verify the addresses of
17 sexual offenders who are not under the care, custody, control,
18 or supervision of the Department of Corrections in a manner
19 that is consistent with federal requirements.
20 (7) A sexual offender who intends to establish
21 residence in another state or jurisdiction shall notify the
22 sheriff of the county of current residence or the department
23 within 48 hours before the date he or she intends to leave
24 this state to establish residence in another state or
25 jurisdiction. The notification must include the address,
26 municipality, county, and state of intended residence. The
27 sheriff shall promptly provide to the department the
28 information received from the sexual offender. The department
29 shall notify the statewide law enforcement agency, or a
30 comparable agency, in the intended state or jurisdiction of
31 residence of the sexual offender's intended residence. The
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1 failure of a sexual offender to provide his or her intended
2 place of residence is punishable as provided in subsection
3 (9).
4 (8) A sexual offender who indicates his or her intent
5 to reside in another state or jurisdiction and later decides
6 to remain in this state shall, within 48 hours after the date
7 upon which the sexual offender indicated he or she would leave
8 this state, notify the sheriff or department, whichever agency
9 is the agency to which the sexual offender reported the
10 intended change of residence, of his or her intent to remain
11 in this state. If the sheriff is notified by the sexual
12 offender that he or she intends to remain in this state, the
13 sheriff shall promptly report this information to the
14 department. A sexual offender who reports his or her intent to
15 reside in another state or jurisdiction but who remains in
16 this state without reporting to the sheriff or the department
17 in the manner required by this subsection commits a felony of
18 the second degree, punishable as provided in s. 775.082, s.
19 775.083, or s. 775.084.
20 (9) A sexual offender who does not comply with the
21 requirements of this section commits a felony of the third
22 degree, punishable as provided in s. 775.082, s. 775.083, or
23 s. 775.084.
24 (10) The department, the Department of Highway Safety
25 and Motor Vehicles, the Department of Corrections, the
26 personnel of those departments, and any individual or entity
27 acting at the request or upon the direction of any of those
28 departments are immune from civil liability for damages for
29 good faith compliance with the requirements of this section,
30 and shall be presumed to have acted in good faith in
31 compiling, recording, and reporting information. The
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1 presumption of good faith is not overcome if a technical or
2 clerical error is made by the department, the Department of
3 Highway Safety and Motor Vehicles, the Department of
4 Corrections, the personnel of those departments, or any
5 individual or entity acting at the request or upon the
6 direction of any of those departments in compiling or
7 providing information, or if information is incomplete or
8 incorrect because a sexual offender fails to report or falsely
9 reports his or her current place of permanent or temporary
10 residence.
11 (11) A sexual offender must maintain registration with
12 the department for the duration of his or her life, unless the
13 sexual offender has had his or her civil rights restored or
14 has received a full pardon or has had a conviction set aside
15 in a postconviction proceeding for any felony sex offense that
16 meets the criteria for classifying the person as a sexual
17 offender for purposes of registration. However, a sexual
18 offender who:
19 (a) Has been lawfully released from confinement,
20 supervision, or sanction, whichever is later, for at least 20
21 years and has not been arrested for any felony or misdemeanor
22 offense since release; or
23 (b) Was 18 years of age or under at the time the
24 offense was committed and received a withhold of adjudication,
25 and who has been lawfully released from confinement,
26 supervision, or sanction, whichever occurred later, for at
27 least 10 years and has not been arrested for any felony or
28 misdemeanor offense since release,
29
30 may petition the criminal division of the circuit court of the
31 circuit in which the sexual offender resides for the purpose
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1 of removing the requirement for registration as a sexual
2 offender. The court may grant or deny such relief if the
3 offender demonstrates to the court that he or she has not been
4 arrested for any crime since release, the requested relief
5 complies with federal standards applicable to the removal of
6 registration requirements for a sexual offender, and the court
7 is otherwise satisfied that the offender is not a current or
8 potential threat to public safety. The state attorney in the
9 circuit in which the petition is filed must be given notice of
10 the petition at least 3 weeks before the hearing on the
11 matter. The state attorney may present evidence in opposition
12 to the requested relief or may otherwise demonstrate the
13 reasons why the petition should be denied. If the court denies
14 the petition, the court may set a future date at which the
15 sexual offender may again petition the court for relief,
16 subject to the standards for relief provided in this
17 subsection. The department shall remove an offender from
18 classification as a sexual offender for purposes of
19 registration if the offender provides to the department a
20 certified copy of the court's written findings or order that
21 indicates that the offender is no longer required to comply
22 with the requirements for registration as a sexual offender.
23 Section 3. Subsections (1) and (3) of section 944.606,
24 Florida Statutes, 1998 Supplement, are amended to read:
25 944.606 Sexual offenders; notification upon release.--
26 (1) As used in this section:
27 (a) "Conviction" means a determination of guilt which
28 is the result of a trial or the entry of a plea of guilty or
29 nolo contendere, regardless of whether adjudication is
30 withheld. A conviction for a violation of a similar law of
31 another jurisdiction includes, but is not limited to, a
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1 conviction by a federal or military tribunal, including
2 courts-martial conducted by the Armed Forces of the United
3 States, and includes a conviction in any state of the United
4 States.
5 (b) "Sexual offender" means a person who has been
6 convicted of committing, or attempting, soliciting, or
7 conspiring to commit, any of the criminal offenses proscribed
8 in the following statutes in this state or similar offenses in
9 another jurisdiction: s. 787.01 or s. 787.02 s. 782.02, where
10 the victim is a minor and the defendant is not the victim's
11 parent; s. 787.025; chapter 794; s. 796.03; s. 800.04; s.
12 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145;
13 or any similar offense committed in this state which has been
14 redesignated from a former statute number to one of those
15 listed in this subsection, when the department has received
16 verified information regarding such conviction; an offender's
17 computerized criminal history record is not, in and of itself,
18 verified information.
19 (3)(a) The department must provide information
20 regarding any sexual offender who is being released after
21 serving a period of incarceration for any offense, as follows:
22 1. The department must provide: the sexual offender's
23 name and any alias, if known; the correctional facility from
24 which the sexual offender is released; the sexual offender's
25 social security number, race, sex, date of birth, height,
26 weight, and hair and eye color; date and county of sentence
27 and each crime for which the offender was sentenced; a copy of
28 the offender's fingerprints and a digitized photograph taken
29 within 60 days before release; the date of release of the
30 sexual offender; and the offender's intended residence
31 address, if known; and shall notify the Department of Law
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1 Enforcement if the sexual predator escapes, absconds, or dies.
2 If the sexual offender is in the custody of a private
3 correctional facility, the facility shall take the digitized
4 photograph of the sexual offender within 60 days before the
5 sexual offender's release and provide this photograph to the
6 Department of Corrections and also place it in the sexual
7 offender's file. If the sexual offender is in the custody of a
8 local jail, the custodian of the local jail shall notify the
9 Department of Law Enforcement of the sexual offender's release
10 and provide to the Department of Law Enforcement the
11 information specified in this paragraph and any information
12 specified in subparagraph 2. that the Department of Law
13 Enforcement requests.
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;
24 3. The Florida Department of Law Enforcement; and
25 4. Any person who requests such information,
26
27 either within 6 months prior to the anticipated release of a
28 sexual offender, or as soon as possible if an offender is
29 released earlier than anticipated. All such information
30 provided to the Department of Law Enforcement must be
31 available electronically as soon as the information is in the
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1 agency's database and must be in a format that is compatible
2 with the requirements of the Florida Crime Information Center.
3 (c) Upon request, the department must provide the
4 information described in subparagraph (a)2. to:
5 1. The sheriff of the county from where the sexual
6 offender was sentenced; and
7 2. The sheriff of the county and, if applicable, the
8 police chief of the municipality, where the sexual offender
9 plans to reside,
10
11 either within 6 months prior to the anticipated release of a
12 sexual offender, or as soon as possible if an offender is
13 released earlier than anticipated.
14 (d) Upon receiving information regarding a sexual
15 offender from the department, the Department of Law
16 Enforcement, the sheriff or the chief of police shall provide
17 the information described in subparagraph (a)1. to any
18 individual who requests such information and may release the
19 information to the public in any manner deemed appropriate,
20 unless the information so received is confidential or exempt
21 from s. 119.07(1) and s. 24(a), Art. I of the State
22 Constitution.
23 Section 4. Subsections (3), (4), and (6) of section
24 944.607, Florida Statutes, 1998 Supplement, are amended to
25 read:
26 944.607 Notification to Department of Law Enforcement
27 of information on sexual offenders.--
28 (3) If a sexual offender is not sentenced to a term of
29 imprisonment, the clerk of the court shall ensure that the
30 sexual offender's fingerprints are taken and forwarded to the
31 Department of Law Enforcement department within 48 hours after
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1 the court sentences the offender. The fingerprint card shall
2 be clearly marked "Sexual Offender Registration Card."
3 (4) A sexual offender, as described in this section,
4 who is under the supervision of the Department of Corrections
5 but is not incarcerated must register with the Department of
6 Corrections and provide the following information: name; date
7 of birth; social security number; race; sex; height; weight;
8 hair and eye color; tattoos or other identifying marks; and
9 permanent or legal residence and address of temporary
10 residence, both within the state and out-of-state, while the
11 sexual offender is under supervision in this state, including
12 any rural route address or post office box. The Department of
13 Corrections shall verify the address of each sexual offender
14 in the manner described in ss. 775.21 and 943.0435.
15 (6) The information provided to the Department of Law
16 Enforcement must include:
17 (a) The information obtained from the sexual offender
18 under subsection (4);
19 (b) The sexual offender's most current address and
20 place of permanent and temporary residence, both within the
21 state and out-of-state, while the sexual offender is under
22 supervision in this state, including the name of the county or
23 municipality in which the offender permanently or temporarily
24 resides and, if known, the intended place of permanent or
25 temporary residence upon satisfaction of all sanctions;
26 (c) The legal status of the sexual offender and the
27 scheduled termination date of that legal status;
28 (d) The location of, and local telephone number for,
29 any Department of Corrections' office that is responsible for
30 supervising the sexual offender;
31
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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 offender
3 was a minor;
4 (f) The offense or offenses at conviction which
5 resulted in the determination of the offender's status as a
6 sex offender; and
7 (g) A digitized photograph of the sexual offender
8 which must have been taken within 60 days before the offender
9 is released from the custody of the department or a private
10 correctional facility by expiration of sentence under s.
11 944.275 or must have been taken by January 1, 1998, or within
12 60 days after the onset of the department's supervision of any
13 sexual offender who is on probation, community control,
14 conditional release, parole, provisional release, or control
15 release or who is supervised by the department under the
16 Interstate Compact Agreement for Probationers and Parolees. If
17 the sexual offender is in the custody of a private
18 correctional facility, the facility shall take a digitized
19 photograph of the sexual offender within the time period
20 provided in this paragraph and shall provide the photograph to
21 the department.
22
23 If any information provided by the department changes during
24 the time the sexual offender is under the department's
25 control, custody, or supervision, the department shall, in a
26 timely manner, update the information and provide it to the
27 Department of Law Enforcement in the manner prescribed in
28 subsection (2).
29 Section 5. Paragraph (f) of subsection (3) of section
30 921.0022, Florida Statutes, 1998 Supplement, is amended to
31 read:
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1 (3) OFFENSE SEVERITY RANKING CHART
2
3 Florida Felony
4 Statute Degree Description
5
6
7 (f) LEVEL 6
8 316.027(1)(b) 2nd Accident involving death, failure
9 to stop; leaving scene.
10 316.193(2)(b) 3rd Felony DUI, 4th or subsequent
11 conviction.
12 775.0875(1) 3rd Taking firearm from law
13 enforcement officer.
14 775.21(10) 775.21(9)3rd Sexual predators; failure to
15 register; failure to renew
16 driver's license or
17 identification card.
18 784.021(1)(a) 3rd Aggravated assault; deadly weapon
19 without intent to kill.
20 784.021(1)(b) 3rd Aggravated assault; intent to
21 commit felony.
22 784.041 3rd Felony battery.
23 784.048(3) 3rd Aggravated stalking; credible
24 threat.
25 784.048(5) 3rd Aggravated stalking of person
26 under 16.
27 784.07(2)(c) 2nd Aggravated assault on law
28 enforcement officer.
29 784.08(2)(b) 2nd Aggravated assault on a person 65
30 years of age or older.
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1 784.081(2) 2nd Aggravated assault on specified
2 official or employee.
3 784.082(2) 2nd Aggravated assault by detained
4 person on visitor or other
5 detainee.
6 784.083(2) 2nd Aggravated assault on code
7 inspector.
8 787.02(2) 3rd False imprisonment; restraining
9 with purpose other than those in
10 s. 787.01.
11 790.115(2)(d) 2nd Discharging firearm or weapon on
12 school property.
13 790.161(2) 2nd Make, possess, or throw
14 destructive device with intent to
15 do bodily harm or damage
16 property.
17 790.164(1) 2nd False report of deadly explosive
18 or act of arson or violence to
19 state property.
20 790.19 2nd Shooting or throwing deadly
21 missiles into dwellings, vessels,
22 or vehicles.
23 794.011(8)(a) 3rd Solicitation of minor to
24 participate in sexual activity by
25 custodial adult.
26 794.05(1) 2nd Unlawful sexual activity with
27 specified minor.
28 806.031(2) 2nd Arson resulting in great bodily
29 harm to firefighter or any other
30 person.
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1 810.02(3)(c) 2nd Burglary of occupied structure;
2 unarmed; no assault or battery.
3 812.014(2)(b) 2nd Property stolen $20,000 or more,
4 but less than $100,000, grand
5 theft in 2nd degree.
6 812.13(2)(c) 2nd Robbery, no firearm or other
7 weapon (strong-arm robbery).
8 817.034(4)(a)1. 1st Communications fraud, value
9 greater than $50,000.
10 817.4821(5) 2nd Possess cloning paraphernalia
11 with intent to create cloned
12 cellular telephones.
13 825.102(1) 3rd Abuse of an elderly person or
14 disabled adult.
15 825.102(3)(c) 3rd Neglect of an elderly person or
16 disabled adult.
17 825.1025(3) 3rd Lewd or lascivious molestation of
18 an elderly person or disabled
19 adult.
20 825.103(2)(c) 3rd Exploiting an elderly person or
21 disabled adult and property is
22 valued at less than $20,000.
23 827.03(1) 3rd Abuse of a child.
24 827.03(3)(c) 3rd Neglect of a child.
25 827.071(2)&(3) 2nd Use or induce a child in a sexual
26 performance, or promote or direct
27 such performance.
28 836.05 2nd Threats; extortion.
29 836.10 2nd Written threats to kill or do
30 bodily injury.
31 843.12 3rd Aids or assists person to escape.
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1 847.0135(3) 3rd Solicitation of a child, via a
2 computer service, to commit an
3 unlawful sex act.
4 914.23 2nd Retaliation against a witness,
5 victim, or informant, with bodily
6 injury.
7 943.0435(6) 3rd Sex offenders; failure to comply
8 with reporting requirements.
9 944.35(3)(a)2. 3rd Committing malicious battery upon
10 or inflicting cruel or inhuman
11 treatment on an inmate or
12 offender on community
13 supervision, resulting in great
14 bodily harm.
15 944.40 2nd Escapes.
16 944.46 3rd Harboring, concealing, aiding
17 escaped prisoners.
18 944.47(1)(a)5. 2nd Introduction of contraband
19 (firearm, weapon, or explosive)
20 into correctional facility.
21 951.22(1) 3rd Intoxicating drug, firearm, or
22 weapon introduced into county
23 facility.
24 Section 6. This act shall take effect upon becoming a
25 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1260
3
4 - Clarifies the term "temporary residence" for the purpose
of both sexual predator and sexual offender
5 registration.
6 - Amends the definition of sexual predator to clarify that
the attempted offenses that qualify for sexual predator
7 designation apply, regardless of the age of the victim.
8 - Permits a sexual offender to petition the court for
removal of the registration requirement if:
9
- the offender was 18 years of age or younger at the
10 time of the offense;
11 - adjudication was withheld; and
12 - the offender was lawfully released from
confinement, supervision, or sanction, whichever
13 occurred later, for at least 10 years and has not
been arrested for any felony or misdemeanor
14 offense since release.
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