CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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10                                                                

11  Senator Brown-Waite moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 1, line 18,

15

16  insert:

17         Section 1.  Section 775.21, Florida Statutes, 1998

18  Supplement, is amended to read:

19         775.21  The Florida Sexual Predators Act; definitions;

20  legislative findings, purpose, and intent; criteria;

21  designation; registration; community and public notification;

22  immunity; penalties.--

23         (1)  SHORT TITLE.--This section may be cited as "The

24  Florida Sexual Predators Act."

25         (2)  DEFINITIONS.--As used in this section, the term:

26         (a)  "Chief of police" means the chief law enforcement

27  officer of a municipality.

28         (b)  "Community" means any county where the sexual

29  predator lives or otherwise establishes or maintains a

30  temporary or permanent residence; or any address used by the

31  person, including any out-of-state address.

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 1         (c)  "Conviction" means a determination of guilt which

 2  is the result of a trial or the entry of a plea of guilty or

 3  nolo contendere, regardless of whether adjudication is

 4  withheld. A conviction for a similar offense includes, but is

 5  not limited to, a conviction by a federal or military

 6  tribunal, including courts-martial conducted by the Armed

 7  Forces of the United States, and includes a conviction in any

 8  state of the United States.

 9         (d)  "Department" means the Department of Law

10  Enforcement.

11         (e)  "Entering the county" includes being discharged

12  from a correctional facility or jail or secure treatment

13  facility within the county or being under supervision within

14  the county for the commission of a violation enumerated in

15  subsection (4).

16         (f)  "Permanent residence" means a place where the

17  person abides, lodges, or resides for 14 or more consecutive

18  days.

19         (g)  "Temporary residence" means a place where the

20  person abides, lodges, or resides for a period of 14 or more

21  days in the aggregate during any calendar year and which is

22  not the person's permanent address; for a person whose

23  permanent residence is not in this state, a place where the

24  person is employed, practices a vocation, or is enrolled as a

25  student for any period of time in this state; or a place where

26  the person routinely abides, lodges, or resides for a period

27  of 4 or more consecutive or nonconsecutive days in any month

28  and which is not the person's permanent residence; or any

29  address used by the person, including any out-of-state

30  address.

31         (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE

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 1  INTENT.--

 2         (a)  Repeat sexual offenders, sexual offenders who use

 3  physical violence, and sexual offenders who prey on children

 4  are sexual predators who present an extreme threat to the

 5  public safety. Sexual offenders are extremely likely to use

 6  physical violence and to repeat their offenses, and most

 7  sexual offenders commit many offenses, have many more victims

 8  than are ever reported, and are prosecuted for only a fraction

 9  of their crimes. This makes the cost of sexual offender

10  victimization to society at large, while incalculable, clearly

11  exorbitant.

12         (b)  The high level of threat that a sexual predator

13  presents to the public safety, and the long-term effects

14  suffered by victims of sex offenses, provide the state with

15  sufficient justification to implement a strategy that

16  includes:

17         1.  Incarcerating sexual predators and maintaining

18  adequate facilities to ensure that decisions to release sexual

19  predators into the community are not made on the basis of

20  inadequate space.

21         2.  Providing for specialized supervision of sexual

22  predators who are in the community by specially trained

23  probation officers with low caseloads, as described in ss.

24  947.1405(7) and 948.03(5). The sexual predator is subject to

25  specified terms and conditions implemented at sentencing or at

26  the time of release from incarceration, with a requirement

27  that those who are financially able must pay all or part of

28  the costs of supervision.

29         3.  Requiring the registration of sexual predators,

30  with a requirement that complete and accurate information be

31  maintained and accessible for use by law enforcement

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 1  authorities, communities, and the public.

 2         4.  Providing for community and public notification

 3  concerning the presence of sexual predators.

 4         5.  Prohibiting sexual predators from working with

 5  children, either for compensation or as a volunteer.

 6         (c)  The state has a compelling interest in protecting

 7  the public from sexual predators and in protecting children

 8  from predatory sexual activity, and there is sufficient

 9  justification for requiring sexual predators to register and

10  for requiring community and public notification of the

11  presence of sexual predators.

12         (d)  It is the purpose of the Legislature that, upon

13  the court's written finding that an offender is a sexual

14  predator, in order to protect the public, it is necessary that

15  the sexual predator be registered with the department and that

16  members of the community and the public be notified of the

17  sexual predator's presence. The designation of a person as a

18  sexual predator is neither a sentence nor a punishment but

19  simply a status resulting from the conviction of certain

20  crimes.

21         (e)  It is the intent of the Legislature to address the

22  problem of sexual predators by:

23         1.  Requiring sexual predators supervised in the

24  community to have special conditions of supervision and to be

25  supervised by probation officers with low caseloads;

26         2.  Requiring sexual predators to register with the

27  Florida Department of Law Enforcement, as provided in this

28  section; and

29         3.  Requiring community and public notification of the

30  presence of a sexual predator, as provided in this section.

31         (4)  SEXUAL PREDATOR CRITERIA.--

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                                                  SENATE AMENDMENT

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 1         (a)  For a current offense committed on or after

 2  October 1, 1993, and before October 1, 1995:

 3         1.  An offender who was found by the court under former

 4  s. 775.22 or former s. 775.23 to be a sexual predator is a

 5  "sexual predator" if the court made a written finding that the

 6  offender was a sexual predator at the time of sentencing, as

 7  required by former s. 775.23. Such sexual predator must

 8  register or be registered as a sexual predator with the

 9  department as provided in subsection (6), and is subject to

10  community and public notification as provided in subsection

11  (7).  Upon notification of the presence of a sexual predator,

12  the sheriff of the county or the chief of police of the

13  municipality where the sexual predator establishes or

14  maintains a permanent or temporary residence shall notify

15  members of the community and the public of the presence of the

16  sexual predator in a manner deemed appropriate by the sheriff

17  or the chief of police.

18         2.  If an offender has been registered as a sexual

19  predator by the Department of Corrections, the department, or

20  any other law enforcement agency and:

21         a.  The court did not, for whatever reason, make a

22  written finding at the time of sentencing that the offender

23  was a sexual predator, or

24         b.  The offender was administratively registered as a

25  sexual predator because the Department of Corrections, the

26  department, or any other law enforcement agency obtained

27  information which indicated that the offender met the sexual

28  predator criteria based on a violation of a similar law in

29  another jurisdiction,

30

31  the department shall remove that offender from the

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 1  department's sexual predator list, and shall notify the state

 2  attorney who prosecuted the offense that triggered the

 3  administrative sexual predator designation for offenders

 4  described in sub-subparagraph a., or the state attorney of the

 5  county where the offender establishes or maintains a permanent

 6  or temporary residence on October 1, 1996, for offenders

 7  described in sub-subparagraph b. The state attorney may bring

 8  the matter to the court's attention in order to establish that

 9  the offender meets the sexual predator criteria. If the court

10  then makes a written finding that the offender is a sexual

11  predator, the offender is designated as a sexual predator,

12  must register or be registered as a sexual predator with the

13  department as provided in subsection (6), and is subject to

14  community and public notification requirements as provided in

15  subsection (7). If the court does not make a written finding

16  that the offender is a sexual predator, the offender is not

17  designated as a sexual predator with respect to that offense,

18  is not required to register or be registered as a sexual

19  predator with the department, and is not subject to the

20  requirements for community and public notification as a sexual

21  predator.

22         (b)  For a current offense committed on or after

23  October 1, 1995, and before October 1, 1996:

24         1.  An offender who was found by the court under former

25  s. 775.22 or former s. 775.23 to be a sexual predator is a

26  "sexual predator" if the court made a written finding that the

27  offender was a sexual predator at the time of sentencing, as

28  required by former s. 775.23. Such sexual predator must

29  register or be registered with the department as provided in

30  subsection (6), and is subject to community and public

31  notification as provided in subsection (7).  Upon notification

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 1  of the presence of a sexual predator, the sheriff of the

 2  county or the chief of police of the municipality where the

 3  sexual predator establishes or maintains a permanent or

 4  temporary residence shall notify the community and the public

 5  of the presence of the sexual predator in a manner deemed

 6  appropriate by the sheriff or the chief of police.

 7         2.  If an offender has been registered as a sexual

 8  predator by the Department of Corrections, the department, or

 9  any other law enforcement agency and:

10         a.  The court did not, for whatever reason, make a

11  written finding at the time of sentencing that the offender

12  was a sexual predator, or

13         b.  The offender was administratively registered as a

14  sexual predator because the Department of Corrections, the

15  department, or any other law enforcement agency obtained

16  information which indicated that the offender met the sexual

17  predator criteria based on a violation of a similar law in

18  another jurisdiction,

19

20  the department shall remove that offender from the

21  department's sexual predator list, and shall notify the state

22  attorney who prosecuted the offense that triggered the

23  administrative sexual predator designation for offenders

24  described in sub-subparagraph a., or the state attorney of the

25  county where the offender establishes or maintains a permanent

26  or temporary residence on October 1, 1996, for offenders

27  described in sub-subparagraph b. The state attorney may bring

28  the matter to the court's attention in order to establish that

29  the offender meets the sexual predator criteria. If the court

30  makes a written finding that the offender is a sexual

31  predator, the offender is designated as a sexual predator,

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 1  must register or be registered as a sexual predator with the

 2  department as provided in subsection (6), and is subject to

 3  the community and public notification as provided in

 4  subsection (7). If the court does not make a written finding

 5  that the offender is a sexual predator, the offender is not

 6  designated as a sexual predator with respect to that offense

 7  and is not required to register or be registered as a sexual

 8  predator with the department.

 9         (a)(c)  For a current offense committed on or after

10  October 1, 1993 1996, upon conviction, an offender shall be

11  designated as a "sexual predator" under subsection (5), and

12  subject to registration under subsection (6) and community and

13  public notification under subsection (7) if:

14         1.  The felony meets the criteria of former ss.

15  775.22(2) and 775.23(2), specifically, The felony is:

16         a.  A capital, life, or first-degree felony violation

17  of s. 787.01 or s. 787.02, where the victim is a minor and the

18  defendant is not the victim's parent, or of chapter 794 or s.

19  847.0145, or a violation of a similar law of another

20  jurisdiction;

21         b.  An attempt to commit a capital, life, or

22  first-degree felony violation of chapter 794, where the victim

23  is a minor, or a violation of a similar law of another

24  jurisdiction; or

25         c.  Any second-degree or greater felony violation of s.

26  787.01 or s. 787.02, where the victim is a minor and the

27  defendant is not the victim's parent; chapter 794; s. 796.03;

28  s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or a

29  violation of a similar law of another jurisdiction, and the

30  offender has previously been convicted of or found to have

31  committed, or has pled nolo contendere or guilty to,

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 1  regardless of adjudication, any violation of s. 787.01 or s.

 2  787.02, where the victim is a minor and the defendant is not

 3  the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s.

 4  794.023; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

 5  847.0133; s. 847.0135; or s. 847.0145, or a violation of a

 6  similar law of another jurisdiction;

 7         2.  The offender has not received a pardon for any

 8  felony or similar law of another jurisdiction that is

 9  necessary for the operation of this paragraph; and

10         3.  A conviction of a felony or similar law of another

11  jurisdiction necessary to the operation of this paragraph has

12  not been set aside in any postconviction proceeding.

13         (b)(d)  In order to be counted as a prior felony for

14  purposes of this subsection, the felony must have resulted in

15  a conviction sentenced separately, or an adjudication of

16  delinquency entered separately, prior to the current offense

17  and sentenced or adjudicated separately from any other felony

18  conviction that is to be counted as a prior felony. If the

19  offender's prior enumerated felony was committed more than 10

20  years before the primary offense, it shall not be considered a

21  prior felony under this subsection if the offender has not

22  been convicted of any other crime for a period of 10

23  consecutive years from the most recent date of release from

24  confinement, supervision, or sanction, whichever is later.

25         (c)  If an offender has been registered as a sexual

26  predator by the Department of Corrections, the department, or

27  any other law enforcement agency and if:

28         1.  The court did not, for whatever reason, make a

29  written finding at the time of sentencing that the offender

30  was a sexual predator; or

31         2.  The offender was administratively registered as a

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 1  sexual predator because the Department of Corrections, the

 2  department, or any other law enforcement agency obtained

 3  information that indicated that the offender met the criteria

 4  for designation as a sexual predator based on a violation of a

 5  similar law in another jurisdiction,

 6

 7  the department shall remove that offender from the

 8  department's list of sexual predators and, for an offender

 9  described under subparagraph 1., shall notify the state

10  attorney who prosecuted the offense that met the criteria for

11  administrative designation as a sexual predator, and, for an

12  offender described under subparagraph 2., shall notify the

13  state attorney of the county where the offender establishes or

14  maintains a permanent or temporary residence. The state

15  attorney may bring the matter to the court's attention in

16  order to establish that the offender meets the criteria for

17  designation as a sexual predator. If the court makes a written

18  finding that the offender is a sexual predator, the offender

19  must be designated as a sexual predator, must register or be

20  registered as a sexual predator with the department as

21  provided in subsection (6), and is subject to the community

22  and public notification as provided in subsection (7). If the

23  court does not make a written finding that the offender is a

24  sexual predator, the offender may not be designated as a

25  sexual predator with respect to that offense and is not

26  required to register or be registered as a sexual predator

27  with the department.

28         (5)  SEXUAL PREDATOR DESIGNATION.--For a current

29  offense committed on or after October 1, 1993 1996, an

30  offender is designated as a sexual predator as follows:

31         (a)1.  An offender who meets the sexual predator

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 1  criteria described in paragraph (4)(a) (4)(c) who is before

 2  the court for sentencing for a current offense committed on or

 3  after October 1, 1993 1996, is a sexual predator, and the

 4  sentencing court must make a written finding at the time of

 5  sentencing that the offender is a sexual predator, and the

 6  clerk of the court shall transmit a copy of the order

 7  containing the written finding to the department within 48

 8  hours after the entry of the order; or

 9         2.  If the Department of Corrections, the department,

10  or any other law enforcement agency obtains information which

11  indicates that an offender who establishes or maintains a

12  permanent or temporary residence in this state meets the

13  sexual predator criteria described in paragraph (4)(a) (4)(c)

14  because the offender committed a similar violation in another

15  jurisdiction on or after October 1, 1993 1996, the Department

16  of Corrections, the department, or the law enforcement agency

17  shall notify the state attorney of the county where the

18  offender establishes or maintains a permanent or temporary

19  residence of the offender's presence in the community. The

20  state attorney shall file a petition with the criminal

21  division of the circuit court for the purpose of holding a

22  hearing to determine if the offender's criminal record from

23  another jurisdiction meets the sexual predator criteria. If

24  the court finds that the offender meets the sexual predator

25  criteria because the offender has violated a similar law or

26  similar laws in another jurisdiction, the court shall make a

27  written finding that the offender is a sexual predator.

28

29  When the court makes a written finding that an offender is a

30  sexual predator, the court shall inform the sexual predator of

31  the registration and community and public notification

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 1  requirements described in this section. Within 48 hours of the

 2  court designating an offender as a sexual predator, the clerk

 3  of the circuit court shall transmit a copy of the court's

 4  written sexual predator finding to the department. If the

 5  offender is sentenced to a term of imprisonment or

 6  supervision, a copy of the court's written sexual predator

 7  finding must be submitted to the Department of Corrections.

 8         (b)  If a sexual predator is not sentenced to a term of

 9  imprisonment, the clerk of the court shall ensure that the

10  sexual predator's fingerprints are taken and forwarded to the

11  department within 48 hours after the court renders its written

12  sexual predator finding. The fingerprint card shall be clearly

13  marked, "Sexual Predator Registration Card." The clerk of the

14  court that convicts and sentences the sexual predator for the

15  offense or offenses described in subsection (4) shall forward

16  to the department and to the Department of Corrections a

17  certified copy of any order entered by the court imposing any

18  special condition or restriction on the sexual predator which

19  restricts or prohibits access to the victim, if the victim is

20  a minor, or to other minors.

21         (c)  If the Department of Corrections, the department,

22  or any other law enforcement agency obtains information which

23  indicates that an offender meets the sexual predator criteria

24  but the court did not make a written finding that the offender

25  is a sexual predator as required in paragraph (a), the

26  Department of Corrections, the department, or the law

27  enforcement agency shall notify the state attorney who

28  prosecuted the offense for offenders described in subparagraph

29  (a)1., or the state attorney of the county where the offender

30  establishes or maintains a residence upon first entering the

31  state for offenders described in subparagraph (a)2. The state

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 1  attorney shall bring the matter to the court's attention in

 2  order to establish that the offender meets the sexual predator

 3  criteria. If the state attorney fails to establish that an

 4  offender meets the sexual predator criteria and the court does

 5  not make a written finding that an offender is a sexual

 6  predator, the offender is not required to register with the

 7  department as a sexual predator. The Department of

 8  Corrections, the department, or any other law enforcement

 9  agency shall not administratively designate an offender as a

10  sexual predator without a written finding from the court that

11  the offender is a sexual predator.

12         (d)  A person who establishes or maintains a residence

13  in this state and who has not been designated as a sexual

14  predator by a court of this state but who has been designated

15  as a sexual predator, as a sexually violent predator, or by

16  another sexual offender designation in another state or

17  jurisdiction and was, as a result of such designation,

18  subjected to registration or community or public notification,

19  or both, shall register in the manner provided in s. 943.0435

20  or s. 944.607 and shall be subject to community and public

21  notification as provided in s. 943.0435 or s. 944.607. A

22  person who meets the criteria of this section is subject to

23  the requirements and penalty provisions of s. 943.0435 or s.

24  944.607 until the person provides the department with an order

25  issued by the court that designated the person as a sexual

26  predator, as a sexually violent predator, or by another sexual

27  offender designation in another state or jurisdiction in which

28  the order was issued which states that such designation has

29  been removed, and provided such person no longer meets the

30  criteria for registration as a sexual offender under the laws

31  of this state.

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 1         (6)  REGISTRATION.--

 2         (a)  A sexual predator must register with the

 3  department by providing the following information to the

 4  department:

 5         1.  Name, social security number, age, race, sex, date

 6  of birth, height, weight, hair and eye color, photograph,

 7  address of legal residence and address of any current

 8  temporary residence, both within the state and out-of-state,

 9  including a rural route address and a post office box, date

10  and place of any employment, date and place of each

11  conviction, fingerprints, and a brief description of the crime

12  or crimes committed by the offender. A post office box shall

13  not be provided in lieu of a physical residential address. If

14  the sexual predator's place of residence is a motor vehicle,

15  trailer, mobile home, or manufactured home, as defined in

16  chapter 320, the sexual predator shall also provide to the

17  department written notice of the vehicle identification

18  number; the license tag number; the registration number; and a

19  description, including color scheme, of the motor vehicle,

20  trailer, mobile home, or manufactured home. If a sexual

21  predator's place of residence is a vessel, live-aboard vessel,

22  or houseboat, as defined in chapter 327, the sexual predator

23  shall also provide to the department written notice of the

24  hull identification number; the manufacturer's serial number;

25  the name of the vessel, live-aboard vessel, or houseboat; the

26  registration number; and a description, including color

27  scheme, of the vessel, live-aboard vessel, or houseboat.

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         (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.

31         (e)  If the sexual predator is not in the custody or

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 1  control of, or under the supervision of, the Department of

 2  Corrections, or is not in the custody of a private

 3  correctional facility, and establishes or maintains a

 4  residence in the state, the sexual predator shall initially

 5  register in person at an office of the department, or at the

 6  sheriff's office in the county in which the predator

 7  establishes or maintains a residence, within 48 hours after

 8  establishing permanent or temporary residence in this state.

 9  If a sexual predator registers with the sheriff's office, the

10  sheriff shall take a photograph and a set of fingerprints of

11  the predator and forward the photographs and fingerprints to

12  the department, along with the information that the predator

13  is required to provide pursuant to this section.

14         (f)  Within 48 hours after the initial registration

15  required under paragraph (a) or paragraph (e), a sexual

16  predator who is not incarcerated and who resides in the

17  community, including a sexual predator under the supervision

18  of the Department of Corrections, shall register in person at

19  a driver's license office of the Department of Highway Safety

20  and Motor Vehicles and shall present proof of initial

21  registration. At the driver's license office the sexual

22  predator shall:

23         1.  If otherwise qualified, secure a Florida driver's

24  license, renew a Florida driver's license, or secure an

25  identification card. The sexual predator shall identify

26  himself or herself as a sexual predator who is required to

27  comply with this section, provide his or her place of

28  permanent or temporary residence, including a rural route

29  address and a post office box, and submit to the taking of a

30  photograph for use in issuing a driver's license, renewed

31  license, or identification card, and for use by the department

                                  16
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                                                  SENATE AMENDMENT

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 1  in maintaining current records of sexual predators. A post

 2  office box shall not be provided in lieu of a physical

 3  residential address. If the sexual predator's place of

 4  residence is a motor vehicle, trailer, mobile home, or

 5  manufactured home, as defined in chapter 320, the sexual

 6  predator shall also provide to the Department of Highway

 7  Safety and Motor Vehicles the vehicle identification number;

 8  the license tag number; the registration number; and a

 9  description, including color scheme, of the motor vehicle,

10  trailer, mobile home, or manufactured home. If a sexual

11  predator's place of residence is a vessel, live-aboard vessel,

12  or houseboat, as defined in chapter 327, the sexual predator

13  shall also provide to the Department of Highway Safety and

14  Motor Vehicles the hull identification number; the

15  manufacturer's serial number; the name of the vessel,

16  live-aboard vessel, or houseboat; the registration number; and

17  a description, including color scheme, of the vessel,

18  live-aboard vessel, or houseboat.

19         2.  Pay the costs assessed by the Department of Highway

20  Safety and Motor Vehicles for issuing or renewing a driver's

21  license or identification card as required by this section.

22         3.  Provide, upon request, any additional information

23  necessary to confirm the identity of the sexual predator,

24  including a set of fingerprints.

25         (g)  Each time a sexual predator's driver's license or

26  identification card is subject to renewal, and within 48 hours

27  after any change of the predator's residence, the predator

28  shall report in person to a driver's license office, and shall

29  be subject to the requirements specified in paragraph (f). The

30  Department of Highway Safety and Motor Vehicles shall forward

31  to the department and to the Department of Corrections all

                                  17
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                                                  SENATE AMENDMENT

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 1  photographs and information provided by sexual predators.

 2  Notwithstanding the restrictions set forth in s. 322.142, the

 3  Department of Highway Safety and Motor Vehicles is authorized

 4  to release a reproduction of a color-photograph or

 5  digital-image license to the Department of Law Enforcement for

 6  purposes of public notification of sexual predators as

 7  provided in this section.

 8         (h)  If the sexual predator initially registers at an

 9  office of the department, the department must notify the

10  sheriff and the state attorney of the county and, if

11  applicable, the police chief of the municipality, where the

12  sexual predator maintains a residence within 48 hours after

13  the sexual predator registers with the department.

14         (i)  A sexual predator who intends to establish

15  residence in another state or jurisdiction shall notify the

16  sheriff of the county of current residence or the department

17  within 48 hours before the date he or she intends to leave

18  this state to establish residence in another state or

19  jurisdiction. The notification must include the address,

20  municipality, county, and state of intended residence. The

21  sheriff shall promptly provide to the department the

22  information received from the sexual predator. The department

23  shall notify the statewide law enforcement agency, or a

24  comparable agency, in the intended state or jurisdiction of

25  residence of the sexual predator's intended residence. The

26  failure of a sexual predator to provide his or her intended

27  place of residence is punishable as provided in subsection

28  (10).

29         (j)  A sexual predator who indicates his or her intent

30  to reside in another state or jurisdiction and later decides

31  to remain in this state shall, within 48 hours after the date

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                                                  SENATE AMENDMENT

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 1  upon which the sexual predator indicated he or she would leave

 2  this state, notify the sheriff or the department, whichever

 3  agency is the agency to which the sexual predator reported the

 4  intended change of residence, of his or her intent to remain

 5  in this state. If the sheriff is notified by the sexual

 6  predator that he or she intends to remain in this state, the

 7  sheriff shall promptly report this information to the

 8  department. A sexual predator who reports his or her intent to

 9  reside in another state or jurisdiction, but who remains in

10  this state without reporting to the sheriff or the department

11  in the manner required by this paragraph, commits a felony of

12  the second degree, punishable as provided in s. 775.082, s.

13  775.083, or s. 775.084.

14         (k)1.  The department is responsible for the on-line

15  maintenance of current information regarding each registered

16  sexual predator. The department must maintain hotline access

17  for state, local, and federal law enforcement agencies to

18  obtain instantaneous locator file and offender characteristics

19  information on all released registered sexual predators for

20  purposes of monitoring, tracking, and prosecution. The

21  photograph and fingerprints do not have to be stored in a

22  computerized format.

23         2.  The department's sexual predator registration list,

24  containing the information described in subparagraph (a)1., is

25  a public record. The department is authorized to disseminate

26  this public information by any means deemed appropriate,

27  including operating a toll-free telephone number for this

28  purpose. When the department provides information regarding a

29  registered sexual predator to the public, department personnel

30  must advise the person making the inquiry that positive

31  identification of a person believed to be a sexual predator

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  cannot be established unless a fingerprint comparison is made,

 2  and that it is illegal to use public information regarding a

 3  registered sexual predator to facilitate the commission of a

 4  crime.

 5         3.  The department shall adopt guidelines as necessary

 6  regarding the registration of sexual predators and the

 7  dissemination of information regarding sexual predators as

 8  required by this section.

 9         (l)  A sexual predator must maintain registration with

10  the department for the duration of his or her life, unless the

11  sexual predator has had his or her civil rights restored, or

12  has received a full pardon or has had a conviction set aside

13  in a postconviction proceeding for any felony sex offense that

14  met the criteria for the sexual predator designation. However,

15  a sexual predator who was designated as a sexual predator by a

16  court before October 1, 1998, and who has been lawfully

17  released from confinement, supervision, or sanction, whichever

18  is later, for at least 10 years and has not been arrested for

19  any felony or misdemeanor offense since release, may petition

20  the criminal division of the circuit court in the circuit in

21  which the sexual predator resides for the purpose of removing

22  the sexual predator designation. A sexual predator who was

23  designated a sexual predator by a court on or after October 1,

24  1998, who has been lawfully released from confinement,

25  supervision, or sanction, whichever is later, for at least 20

26  years, and who has not been arrested for any felony or

27  misdemeanor offense since release may petition the criminal

28  division of the circuit court in the circuit in which the

29  sexual predator resides for the purpose of removing the sexual

30  predator designation. The court may grant or deny such relief

31  if the petitioner demonstrates to the court that he or she has

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                                                  SENATE AMENDMENT

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 1  not been arrested for any crime since release, the requested

 2  relief complies with federal standards applicable to the

 3  removal of the designation as a sexual predator, and the court

 4  is otherwise satisfied that the petitioner is not a current or

 5  potential threat to public safety. The state attorney in the

 6  circuit in which the petition is filed must be given notice of

 7  the petition at least 3 weeks before the hearing on the

 8  matter. The state attorney may present evidence in opposition

 9  to the requested relief or may otherwise demonstrate the

10  reasons why the petition should be denied. If the court denies

11  the petition, the court may set a future date at which the

12  sexual predator may again petition the court for relief,

13  subject to the standards for relief provided in this

14  paragraph. Unless specified in the order, a sexual predator

15  who is granted relief under this paragraph must comply with

16  the requirements for registration as a sexual offender and

17  other requirements provided under s. 943.0435 or s. 944.607.

18  If a petitioner obtains an order from the court that imposed

19  the order designating the petitioner as a sexual predator

20  which removes such designation, the petitioner shall forward a

21  certified copy of the written findings or order to the

22  department in order to have the sexual predator designation

23  removed from the sexual predator registry.

24         (7)  COMMUNITY AND PUBLIC NOTIFICATION.--

25         (a)  Law enforcement agencies must inform members of

26  the community and the public of a sexual predator's presence.

27  Upon notification of the presence of a sexual predator, the

28  sheriff of the county or the chief of police of the

29  municipality where the sexual predator establishes or

30  maintains a permanent or temporary residence shall notify

31  members of the community and the public of the presence of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  sexual predator in a manner deemed appropriate by the sheriff

 2  or the chief of police. Within 48 hours after receiving

 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 each licensed day care center, elementary school,

 7  middle school, and high school within a 1-mile radius of the

 8  temporary or permanent residence of the sexual predator of the

 9  presence of the sexual predator.  Information provided to

10  members of the community and the public regarding a sexual

11  predator must include:

12         1.  The name of the sexual predator;

13         2.  A description of the sexual predator, including a

14  photograph;

15         3.  The sexual predator's current address, including

16  the name of the county or municipality if known;

17         4.  The circumstances of the sexual predator's offense

18  or offenses; and

19         5.  Whether the victim of the sexual predator's offense

20  or offenses was, at the time of the offense, a minor or an

21  adult.

22

23  This paragraph does not authorize the release of the name of

24  any victim of the sexual predator.

25         (b)  The sheriff or the police chief may coordinate the

26  community and public notification efforts with the department.

27  Statewide notification to the public is authorized, as deemed

28  appropriate by local law enforcement personnel and the

29  department.

30         (c)  The department shall notify the public of all

31  designated sexual predators through the Internet.  The

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  Internet notice shall include the information required by

 2  paragraph (a).

 3         (d)  The department shall adopt a protocol to assist

 4  law enforcement agencies in their efforts to notify the

 5  community and the public of the presence of sexual predators.

 6         (8)  VERIFICATION.--The department and the Department

 7  of Corrections shall implement a system for verifying the

 8  addresses of sexual predators. The system must be consistent

 9  with federal requirements that apply to the laws of this state

10  governing sexual predators. The Department of Corrections

11  shall verify the addresses of sexual predators who are not

12  incarcerated but who reside in the community under the

13  supervision of the Department of Corrections. The department

14  shall verify the addresses of sexual predators who are not

15  under the care, custody, control, or supervision of the

16  Department of Corrections.

17         (9)  IMMUNITY.--When the court has made a written

18  finding that an offender is a sexual predator, an elected or

19  appointed official, public employee, school administrator or

20  employee, agency, or any individual or entity acting at the

21  request or upon the direction of any law enforcement agency is

22  immune from civil liability for damages resulting from the

23  release of information under this section.

24         (10)  PENALTIES.--

25         (a)  Except as otherwise specifically provided, a

26  sexual predator who fails to register or who fails, after

27  registration, to maintain, acquire, or renew a driver's

28  license or identification card or provide required location

29  information, or who otherwise fails, by act or omission, to

30  comply with the requirements of this section, commits a felony

31  of the third degree, punishable as provided in s. 775.082, s.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  775.083, or s. 775.084.

 2         (b)  A sexual predator who has been convicted of or

 3  found to have committed, or has pled nolo contendere or guilty

 4  to, regardless of adjudication, any violation of s.

 5  794.011(2), (3), (4), (5), or (8); s. 794.023; s. 800.04; s.

 6  827.071; s. 847.0133; or s. 847.0145, or a violation of a

 7  similar law of another jurisdiction, when the victim of the

 8  offense was a minor, and who works, whether for compensation

 9  or as a volunteer, at any business, school, day care center,

10  park, playground, or other place where children regularly

11  congregate, commits a felony of the third degree, punishable

12  as provided in s. 775.082, s. 775.083, or s. 775.084.

13         (c)  Any person who misuses public records information

14  relating to a sexual predator, as defined in this section, or

15  a sexual offender, as defined in s. 943.0435 or s. 944.607, to

16  secure a payment from such a predator or offender; who

17  knowingly distributes or publishes false information relating

18  to such a predator or offender which the person misrepresents

19  as being public records information; or who materially alters

20  public records information with the intent to misrepresent the

21  information, including documents, summaries of public records

22  information provided by law enforcement agencies, or public

23  records information displayed by law enforcement agencies on

24  web sites or provided through other means of communication,

25  commits a misdemeanor of the first degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         Section 2.  Section 943.0435, Florida Statutes, 1998

28  Supplement, is amended to read:

29         943.0435  Sexual offenders required to register with

30  the department; penalty.--

31         (1)  As used in this section, the term:

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1         (a)  "Sexual offender" means a person who has been:

 2         1.  Convicted of committing, or attempting, soliciting,

 3  or conspiring to commit, any of the criminal offenses

 4  proscribed in the following statutes in this state or similar

 5  offenses in another jurisdiction: s. 787.01 or s. 787.02,

 6  where the victim is a minor and the defendant is not the

 7  victim's parent; s. 787.025; chapter 794; s. 796.03; s.

 8  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.

 9  847.0145; or any similar offense committed in this state which

10  has been redesignated from a former statute number to one of

11  those listed in this subparagraph.

12         2.  Released on or after October 1, 1997, from the

13  sanction imposed for any conviction of an offense described in

14  subparagraph 1. For purposes of subparagraph 1., a sanction

15  imposed in this state or in any other jurisdiction includes,

16  but is not limited to, a fine, probation, community control,

17  parole, conditional release, control release, or incarceration

18  in a state prison, federal prison, private correctional

19  facility, or local detention facility.

20         (b)  "Convicted" means that, regarding the person's

21  offense, there has been a determination of guilt as a result

22  of a trial or the entry of a plea of guilty or nolo

23  contendere, regardless of whether adjudication is withheld.

24  Conviction of a similar offense includes, but is not limited

25  to, a conviction by a federal or military tribunal, including

26  courts-martial conducted by the Armed Forces of the United

27  States, and includes a conviction in any state of the United

28  States.

29         (c)  "Permanent residence" and "temporary residence"

30  have the same meaning ascribed in s. 775.21.

31         (2)  A sexual offender shall initially report in person

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  at an office of the department, or at the sheriff's office in

 2  the county in which the offender establishes or maintains a

 3  permanent or temporary residence, within 48 hours after

 4  establishing permanent or temporary residence in this state.

 5  The sexual offender shall provide his or her name, date of

 6  birth, social security number, race, sex, height, weight, hair

 7  and eye color, tattoos or other identifying marks, occupation

 8  and place of employment, address of permanent or legal

 9  residence or address of any current temporary residence, both

10  within the state and out-of-state, including a rural route

11  address and a post office box, date and place of each

12  conviction, and a brief description of the crime or crimes

13  committed by the offender. A post office box shall not be

14  provided in lieu of a physical residential address. If the

15  sexual offender's place of residence is a motor vehicle,

16  trailer, mobile home, or manufactured home, as defined in

17  chapter 320, the sexual offender shall also provide to the

18  department written notice of the vehicle identification

19  number; the license tag number; the registration number; and a

20  description, including color scheme, of the motor vehicle,

21  trailer, mobile home, or manufactured home. If the sexual

22  offender's place of residence is a vessel, live-aboard vessel,

23  or houseboat, as defined in chapter 327, the sexual offender

24  shall also provide to the department written notice of the

25  hull identification number; the manufacturer's serial number;

26  the name of the vessel, live-aboard vessel, or houseboat; the

27  registration number; and a description, including color

28  scheme, of the vessel, live-aboard vessel, or houseboat. If a

29  sexual offender reports at the sheriff's office, the sheriff

30  shall take a photograph and a set of fingerprints of the

31  offender and forward the photographs and fingerprints to the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  department, along with the information provided by the sexual

 2  offender.

 3         (3)  Within 48 hours after the initial report required

 4  under subsection (2), a sexual offender shall report in person

 5  at a driver's license office of the Department of Highway

 6  Safety and Motor Vehicles. At the driver's license office the

 7  sexual offender shall:

 8         (a)  If otherwise qualified, secure a Florida driver's

 9  license, renew a Florida driver's license, or secure an

10  identification card. The sexual offender shall identify

11  himself or herself as a sexual offender who is required to

12  comply with this section and shall provide proof that the

13  sexual offender initially reported as required in subsection

14  (2). The sexual offender shall provide any of the information

15  specified in subsection (2), if requested. The sexual offender

16  shall submit to the taking of a photograph for use in issuing

17  a driver's license, renewed license, or identification card,

18  and for use by the department in maintaining current records

19  of sexual offenders.

20         (b)  Pay the costs assessed by the Department of

21  Highway Safety and Motor Vehicles for issuing or renewing a

22  driver's license or identification card as required by this

23  section.

24         (c)  Provide, upon request, any additional information

25  necessary to confirm the identity of the sexual offender,

26  including a set of fingerprints.

27         (4)  Each time a sexual offender's driver's license or

28  identification card is subject to renewal, and within 48 hours

29  after any change in the offender's permanent or temporary

30  residence, the offender shall report in person to a driver's

31  license office, and shall be subject to the requirements

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  specified in subsection (3). The Department of Highway Safety

 2  and Motor Vehicles shall forward to the department all

 3  photographs and information provided by sexual offenders.

 4  Notwithstanding the restrictions set forth in s. 322.142, the

 5  Department of Highway Safety and Motor Vehicles is authorized

 6  to release a reproduction of a color-photograph or

 7  digital-image license to the Department of Law Enforcement for

 8  purposes of public notification of sexual offenders as

 9  provided in ss. 943.043, 943.0435, and 944.606.

10         (5)  This section does not apply to a sexual offender

11  who is also a sexual predator, as defined in s. 775.21. A

12  sexual predator must register as required under s. 775.21.

13         (6)  The department shall verify the addresses of

14  sexual offenders who are not under the care, custody, control,

15  or supervision of the Department of Corrections in a manner

16  that is consistent with federal requirements.

17         (7)  A sexual offender who intends to establish

18  residence in another state or jurisdiction shall notify the

19  sheriff of the county of current residence or the department

20  within 48 hours before the date he or she intends to leave

21  this state to establish residence in another state or

22  jurisdiction. The notification must include the address,

23  municipality, county, and state of intended residence. The

24  sheriff shall promptly provide to the department the

25  information received from the sexual offender. The department

26  shall notify the statewide law enforcement agency, or a

27  comparable agency, in the intended state or jurisdiction of

28  residence of the sexual offender's intended residence. The

29  failure of a sexual offender to provide his or her intended

30  place of residence is punishable as provided in subsection

31  (9).

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1         (8)  A sexual offender who indicates his or her intent

 2  to reside in another state or jurisdiction and later decides

 3  to remain in this state shall, within 48 hours after the date

 4  upon which the sexual offender indicated he or she would leave

 5  this state, notify the sheriff or department, whichever agency

 6  is the agency to which the sexual offender reported the

 7  intended change of residence, of his or her intent to remain

 8  in this state. If the sheriff is notified by the sexual

 9  offender that he or she intends to remain in this state, the

10  sheriff shall promptly report this information to the

11  department. A sexual offender who reports his or her intent to

12  reside in another state or jurisdiction but who remains in

13  this state without reporting to the sheriff or the department

14  in the manner required by this subsection commits a felony of

15  the second degree, punishable as provided in s. 775.082, s.

16  775.083, or s. 775.084.

17         (9)  A sexual offender who does not comply with the

18  requirements of this section commits a felony of the third

19  degree, punishable as provided in s. 775.082, s. 775.083, or

20  s. 775.084.

21         (10)  The department, the Department of Highway Safety

22  and Motor Vehicles, the Department of Corrections, the

23  personnel of those departments, and any individual or entity

24  acting at the request or upon the direction of any of those

25  departments are immune from civil liability for damages for

26  good faith compliance with the requirements of this section,

27  and shall be presumed to have acted in good faith in

28  compiling, recording, and reporting information. The

29  presumption of good faith is not overcome if a technical or

30  clerical error is made by the department, the Department of

31  Highway Safety and Motor Vehicles, the Department of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  Corrections, the personnel of those departments, or any

 2  individual or entity acting at the request or upon the

 3  direction of any of those departments in compiling or

 4  providing information, or if information is incomplete or

 5  incorrect because a sexual offender fails to report or falsely

 6  reports his or her current place of permanent or temporary

 7  residence.

 8         (11)  A sexual offender must maintain registration with

 9  the department for the duration of his or her life, unless the

10  sexual offender has had his or her civil rights restored or

11  has received a full pardon or has had a conviction set aside

12  in a postconviction proceeding for any felony sex offense that

13  meets the criteria for classifying the person as a sexual

14  offender for purposes of registration. However, a sexual

15  offender who:

16         (a)  Has been lawfully released from confinement,

17  supervision, or sanction, whichever is later, for at least 20

18  years and has not been arrested for any felony or misdemeanor

19  offense since release; or

20         (b)  Was 18 years of age or under at the time the

21  offense was committed and received a withhold of adjudication,

22  and who has been lawfully released from confinement,

23  supervision, or sanction, whichever occurred later, for at

24  least 10 years and has not been arrested for any felony or

25  misdemeanor offense since release,

26

27  may petition the criminal division of the circuit court of the

28  circuit in which the sexual offender resides for the purpose

29  of removing the requirement for registration as a sexual

30  offender. The court may grant or deny such relief if the

31  offender demonstrates to the court that he or she has not been

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  arrested for any crime since release, the requested relief

 2  complies with federal standards applicable to the removal of

 3  registration requirements for a sexual offender, and the court

 4  is otherwise satisfied that the offender is not a current or

 5  potential threat to public safety. The state attorney in the

 6  circuit in which the petition is filed must be given notice of

 7  the petition at least 3 weeks before the hearing on the

 8  matter. The state attorney may present evidence in opposition

 9  to the requested relief or may otherwise demonstrate the

10  reasons why the petition should be denied. If the court denies

11  the petition, the court may set a future date at which the

12  sexual offender may again petition the court for relief,

13  subject to the standards for relief provided in this

14  subsection. The department shall remove an offender from

15  classification as a sexual offender for purposes of

16  registration if the offender provides to the department a

17  certified copy of the court's written findings or order that

18  indicates that the offender is no longer required to comply

19  with the requirements for registration as a sexual offender.

20         Section 3.  Subsections (1) and (3) of section 944.606,

21  Florida Statutes, 1998 Supplement, are amended to read:

22         944.606  Sexual offenders; notification upon release.--

23         (1)  As used in this section:

24         (a)  "Conviction" means a determination of guilt which

25  is the result of a trial or the entry of a plea of guilty or

26  nolo contendere, regardless of whether adjudication is

27  withheld. A conviction for a violation of a similar law of

28  another jurisdiction includes, but is not limited to, a

29  conviction by a federal or military tribunal, including

30  courts-martial conducted by the Armed Forces of the United

31  States, and includes a conviction in any state of the United

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 1  States.

 2         (b)  "Sexual offender" means a person who has been

 3  convicted of committing, or attempting, soliciting, or

 4  conspiring to commit, any of the criminal offenses proscribed

 5  in the following statutes in this state or similar offenses in

 6  another jurisdiction:  s. 787.01 or s. 787.02 s. 782.02, where

 7  the victim is a minor and the defendant is not the victim's

 8  parent; s. 787.025; chapter 794; s. 796.03; s. 800.04; s.

 9  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145;

10  or any similar offense committed in this state which has been

11  redesignated from a former statute number to one of those

12  listed in this subsection, when the department has received

13  verified information regarding such conviction; an offender's

14  computerized criminal history record is not, in and of itself,

15  verified information.

16         (3)(a)  The department must provide information

17  regarding any sexual offender who is being released after

18  serving a period of incarceration for any offense, as follows:

19         1.  The department must provide: the sexual offender's

20  name and any alias, if known; the correctional facility from

21  which the sexual offender is released; the sexual offender's

22  social security number, race, sex, date of birth, height,

23  weight, and hair and eye color; date and county of sentence

24  and each crime for which the offender was sentenced; a copy of

25  the offender's fingerprints and a digitized photograph taken

26  within 60 days before release; the date of release of the

27  sexual offender; and the offender's intended residence

28  address, if known; and shall notify the Department of Law

29  Enforcement if the sexual predator escapes, absconds, or dies.

30  If the sexual offender is in the custody of a private

31  correctional facility, the facility shall take the digitized

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                                                  SENATE AMENDMENT

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 1  photograph of the sexual offender within 60 days before the

 2  sexual offender's release and provide this photograph to the

 3  Department of Corrections and also place it in the sexual

 4  offender's file. If the sexual offender is in the custody of a

 5  local jail, the custodian of the local jail shall notify the

 6  Department of Law Enforcement of the sexual offender's release

 7  and provide to the Department of Law Enforcement the

 8  information specified in this paragraph and any information

 9  specified in subparagraph 2. that the Department of Law

10  Enforcement requests.

11         2.  The department may provide any other information

12  deemed necessary, including criminal and corrections records,

13  nonprivileged personnel and treatment records, when available.

14         (b)  The department must provide the information

15  described in subparagraph (a)1. to:

16         1.  The sheriff of the county from where the sexual

17  offender was sentenced;

18         2.  The sheriff of the county and, if applicable, the

19  police chief of the municipality, where the sexual offender

20  plans to reside;

21         3.  The Florida Department of Law Enforcement; and

22         4.  Any person who requests such information,

23

24  either within 6 months prior to the anticipated release of a

25  sexual offender, or as soon as possible if an offender is

26  released earlier than anticipated. All such information

27  provided to the Department of Law Enforcement must be

28  available electronically as soon as the information is in the

29  agency's database and must be in a format that is compatible

30  with the requirements of the Florida Crime Information Center.

31         (c)  Upon request, the department must provide the

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                                                  SENATE AMENDMENT

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 1  information described in subparagraph (a)2. to:

 2         1.  The sheriff of the county from where the sexual

 3  offender was sentenced; and

 4         2.  The sheriff of the county and, if applicable, the

 5  police chief of the municipality, where the sexual offender

 6  plans to reside,

 7

 8  either within 6 months prior to the anticipated release of a

 9  sexual offender, or as soon as possible if an offender is

10  released earlier than anticipated.

11         (d)  Upon receiving information regarding a sexual

12  offender from the department, the Department of Law

13  Enforcement, the sheriff or the chief of police shall provide

14  the information described in subparagraph (a)1. to any

15  individual who requests such information and may release the

16  information to the public in any manner deemed appropriate,

17  unless the information so received is confidential or exempt

18  from s. 119.07(1) and s. 24(a), Art. I of the State

19  Constitution.

20         Section 4.  Subsections (3), (4), and (6) of section

21  944.607, Florida Statutes, 1998 Supplement, are amended to

22  read:

23         944.607  Notification to Department of Law Enforcement

24  of information on sexual offenders.--

25         (3)  If a sexual offender is not sentenced to a term of

26  imprisonment, the clerk of the court shall ensure that the

27  sexual offender's fingerprints are taken and forwarded to the

28  Department of Law Enforcement department within 48 hours after

29  the court sentences the offender. The fingerprint card shall

30  be clearly marked "Sexual Offender Registration Card."

31         (4)  A sexual offender, as described in this section,

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 1  who is under the supervision of the Department of Corrections

 2  but is not incarcerated must register with the Department of

 3  Corrections and provide the following information: name; date

 4  of birth; social security number; race; sex; height; weight;

 5  hair and eye color; tattoos or other identifying marks; and

 6  permanent or legal residence and address of temporary

 7  residence, both within the state and out-of-state, while the

 8  sexual offender is under supervision in this state, including

 9  any rural route address or post office box. The Department of

10  Corrections shall verify the address of each sexual offender

11  in the manner described in ss. 775.21 and 943.0435.

12         (6)  The information provided to the Department of Law

13  Enforcement must include:

14         (a)  The information obtained from the sexual offender

15  under subsection (4);

16         (b)  The sexual offender's most current address and

17  place of permanent and temporary residence, both within the

18  state and out-of-state, while the sexual offender is under

19  supervision in this state, including the name of the county or

20  municipality in which the offender permanently or temporarily

21  resides and, if known, the intended place of permanent or

22  temporary residence upon satisfaction of all sanctions;

23         (c)  The legal status of the sexual offender and the

24  scheduled termination date of that legal status;

25         (d)  The location of, and local telephone number for,

26  any Department of Corrections' office that is responsible for

27  supervising the sexual offender;

28         (e)  An indication of whether the victim of the offense

29  that resulted in the offender's status as a sexual offender

30  was a minor;

31         (f)  The offense or offenses at conviction which

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                                                  SENATE AMENDMENT

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 1  resulted in the determination of the offender's status as a

 2  sex offender; and

 3         (g)  A digitized photograph of the sexual offender

 4  which must have been taken within 60 days before the offender

 5  is released from the custody of the department or a private

 6  correctional facility by expiration of sentence under s.

 7  944.275 or must have been taken by January 1, 1998, or within

 8  60 days after the onset of the department's supervision of any

 9  sexual offender who is on probation, community control,

10  conditional release, parole, provisional release, or control

11  release or who is supervised by the department under the

12  Interstate Compact Agreement for Probationers and Parolees. If

13  the sexual offender is in the custody of a private

14  correctional facility, the facility shall take a digitized

15  photograph of the sexual offender within the time period

16  provided in this paragraph and shall provide the photograph to

17  the department.

18

19  If any information provided by the department changes during

20  the time the sexual offender is under the department's

21  control, custody, or supervision, the department shall, in a

22  timely manner, update the information and provide it to the

23  Department of Law Enforcement in the manner prescribed in

24  subsection (2).

25         Section 5.  Paragraph (f) of subsection (3) of section

26  921.0022, Florida Statutes, 1998 Supplement, is amended to

27  read:

28         (3)  OFFENSE SEVERITY RANKING CHART

29

30

31

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                                                  SENATE AMENDMENT

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 1  Florida           Felony

 2  Statute           Degree             Description

 3

 4

 5                              (f)  LEVEL 6

 6  316.027(1)(b)      2nd      Accident involving death, failure

 7                              to stop; leaving scene.

 8  316.193(2)(b)      3rd      Felony DUI, 4th or subsequent

 9                              conviction.

10  775.0875(1)        3rd      Taking firearm from law

11                              enforcement officer.

12  775.21(10) 775.21(9)3rd      Sexual predators; failure to

13                              register; failure to renew

14                              driver's license or

15                              identification card.

16  784.021(1)(a)      3rd      Aggravated assault; deadly weapon

17                              without intent to kill.

18  784.021(1)(b)      3rd      Aggravated assault; intent to

19                              commit felony.

20  784.041            3rd      Felony battery.

21  784.048(3)         3rd      Aggravated stalking; credible

22                              threat.

23  784.048(5)         3rd      Aggravated stalking of person

24                              under 16.

25  784.07(2)(c)       2nd      Aggravated assault on law

26                              enforcement officer.

27  784.08(2)(b)       2nd      Aggravated assault on a person 65

28                              years of age or older.

29  784.081(2)         2nd      Aggravated assault on specified

30                              official or employee.

31

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 1  784.082(2)         2nd      Aggravated assault by detained

 2                              person on visitor or other

 3                              detainee.

 4  784.083(2)         2nd      Aggravated assault on code

 5                              inspector.

 6  787.02(2)          3rd      False imprisonment; restraining

 7                              with purpose other than those in

 8                              s. 787.01.

 9  790.115(2)(d)      2nd      Discharging firearm or weapon on

10                              school property.

11  790.161(2)         2nd      Make, possess, or throw

12                              destructive device with intent to

13                              do bodily harm or damage

14                              property.

15  790.164(1)         2nd      False report of deadly explosive

16                              or act of arson or violence to

17                              state property.

18  790.19             2nd      Shooting or throwing deadly

19                              missiles into dwellings, vessels,

20                              or vehicles.

21  794.011(8)(a)      3rd      Solicitation of minor to

22                              participate in sexual activity by

23                              custodial adult.

24  794.05(1)          2nd      Unlawful sexual activity with

25                              specified minor.

26  806.031(2)         2nd      Arson resulting in great bodily

27                              harm to firefighter or any other

28                              person.

29  810.02(3)(c)       2nd      Burglary of occupied structure;

30                              unarmed; no assault or battery.

31

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 1  812.014(2)(b)      2nd      Property stolen $20,000 or more,

 2                              but less than $100,000, grand

 3                              theft in 2nd degree.

 4  812.13(2)(c)       2nd      Robbery, no firearm or other

 5                              weapon (strong-arm robbery).

 6  817.034(4)(a)1.    1st      Communications fraud, value

 7                              greater than $50,000.

 8  817.4821(5)        2nd      Possess cloning paraphernalia

 9                              with intent to create cloned

10                              cellular telephones.

11  825.102(1)         3rd      Abuse of an elderly person or

12                              disabled adult.

13  825.102(3)(c)      3rd      Neglect of an elderly person or

14                              disabled adult.

15  825.1025(3)        3rd      Lewd or lascivious molestation of

16                              an elderly person or disabled

17                              adult.

18  825.103(2)(c)      3rd      Exploiting an elderly person or

19                              disabled adult and property is

20                              valued at less than $20,000.

21  827.03(1)          3rd      Abuse of a child.

22  827.03(3)(c)       3rd      Neglect of a child.

23  827.071(2)&(3)     2nd      Use or induce a child in a sexual

24                              performance, or promote or direct

25                              such performance.

26  836.05             2nd      Threats; extortion.

27  836.10             2nd      Written threats to kill or do

28                              bodily injury.

29  843.12             3rd      Aids or assists person to escape.

30  847.0135(3)        3rd      Solicitation of a child, via a

31                              computer service, to commit an

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                                                  SENATE AMENDMENT

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 1                              unlawful sex act.

 2  914.23             2nd      Retaliation against a witness,

 3                              victim, or informant, with bodily

 4                              injury.

 5  943.0435(6)        3rd      Sex offenders; failure to comply

 6                              with reporting requirements.

 7  944.35(3)(a)2.     3rd      Committing malicious battery upon

 8                              or inflicting cruel or inhuman

 9                              treatment on an inmate or

10                              offender on community

11                              supervision, resulting in great

12                              bodily harm.

13  944.40             2nd      Escapes.

14  944.46             3rd      Harboring, concealing, aiding

15                              escaped prisoners.

16  944.47(1)(a)5.     2nd      Introduction of contraband

17                              (firearm, weapon, or explosive)

18                              into correctional facility.

19  951.22(1)          3rd      Intoxicating drug, firearm, or

20                              weapon introduced into county

21                              facility.

22         Section 6.  Subsection (4) of section 943.13, Florida

23  Statutes, is amended to read:

24         943.13  Officers' minimum qualifications for employment

25  or appointment.--On or after October 1, 1984, any person

26  employed or appointed as a full-time, part-time, or auxiliary

27  law enforcement officer or correctional officer; on or after

28  October 1, 1986, any person employed as a full-time,

29  part-time, or auxiliary correctional probation officer; and on

30  or after October 1, 1986, any person employed as a full-time,

31  part-time, or auxiliary correctional officer by a private

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  entity under contract to the Department of Corrections, to a

 2  county commission, or to the Correctional Privatization

 3  Commission shall:

 4         (4)  Not have been convicted of any felony or of a

 5  violation of ss. 817.49, 837.012, 837.05, 837.06, or 944.35(4)

 6  (b) misdemeanor involving perjury or a false statement, or

 7  have received a dishonorable discharge from any of the Armed

 8  Forces of the United States. Any person who, after July 1,

 9  1981, pleads guilty or nolo contendere to or is found guilty

10  of any felony or of a misdemeanor involving perjury or a false

11  statement is not eligible for employment or appointment as an

12  officer, notwithstanding suspension of sentence or withholding

13  of adjudication. Notwithstanding this subsection, any person

14  who has pled nolo contendere to a misdemeanor involving a

15  false statement, prior to December 1, 1985, and has had such

16  record sealed or expunged shall not be deemed ineligible for

17  employment or appointment as an officer.

18         Section 7.  Section 943.1395, Florida Statutes, is

19  amended to read:

20         943.1395  Certification for employment or appointment;

21  concurrent certification; reemployment or reappointment;

22  inactive status; revocation; suspension; investigation.--

23         (1)  The commission shall certify, under procedures

24  established by rule, any person for employment or appointment

25  as an officer if:

26         (a)  The person complies with s. 943.13(1)-(10); and

27         (b)  The employing agency complies with s. 943.133(2)

28  and (3).

29         (2)  An officer who is certified in one discipline and

30  who complies with s. 943.13 in another discipline shall hold

31  concurrent certification and may be assigned in either

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  discipline within his or her employing agency.

 2         (3)  Any certified officer who has separated from

 3  employment or appointment and who is not reemployed or

 4  reappointed by an employing agency within 4 years after the

 5  date of separation must meet the minimum qualifications

 6  described in s. 943.13, except for the requirement found in s.

 7  943.13(9).  Further, such officer must complete any training

 8  required by the commission by rule.

 9         (4)  The certification of an officer who fails to

10  comply with s. 943.135(1) shall be inactive, and the officer

11  may not be employed or appointed as an officer until he or she

12  complies with the provisions of s. 943.135(1).

13         (5)  The employing agency must conduct an internal

14  investigation if it has cause to suspect that an officer is

15  not in compliance with, or has failed to maintain compliance

16  with, s. 943.13(4) or (7).  If an officer is not in compliance

17  with, or has failed to maintain compliance with, s. 943.13(4)

18  or (7), the employing agency must submit the investigative

19  findings and supporting information and documentation to the

20  commission in accordance with rules adopted by the commission.

21         (6)  The commission shall revoke the certification of

22  any officer who is not in compliance with the provisions of s.

23  943.13(4) or who intentionally executes a false affidavit

24  established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).

25         (a)  The commission shall cause to be investigated any

26  ground for revocation from the employing agency pursuant to s.

27  943.139 or from the Governor, and the commission may

28  investigate verifiable complaints. Any investigation initiated

29  by the commission pursuant to this section must be completed

30  within 6 months after receipt of the completed report of the

31  disciplinary or internal affairs investigation from the

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  employing agency or Governor's office.  A verifiable complaint

 2  shall be completed within 1 year after receipt of the

 3  complaint.  An investigation shall be considered completed

 4  upon a finding by a probable cause panel of the commission.

 5  These time periods shall be tolled during the period of any

 6  criminal prosecution of the officer.

 7         (b)  The report of misconduct and all records or

 8  information provided to or developed by the commission during

 9  the course of an investigation conducted by the commission are

10  exempt from the provisions of s. 119.07(1) and s. 24(a), Art.

11  I of the State Constitution and, except as otherwise provided

12  by law, such information shall be subject to public disclosure

13  only after a determination as to probable cause has been made

14  or until the investigation becomes inactive.

15         (c)  When an officer's certification is revoked in any

16  discipline, his or her certification in any other discipline

17  shall simultaneously be revoked.

18         (7)  The commission shall revoke the certification of

19  any officer who is not in compliance with the provisions of s.

20  943.13(4) or who intentionally executes a false affidavit

21  established in s. 943.13(8), s. 943.133(2), or s. 943.139(2).

22  Upon receipt of documentation that a certified officer is not

23  in compliance with s. 943.13(4), the commission shall, after

24  notice and the opportunity for a hearing pursuant to s.

25  120.57(2), issue an order revoking the officer's

26  certification.  Upon a finding that the judgment has been

27  vacated, or the officer has been granted a full or conditional

28  pardon pursuant to s. 940.01, the commission shall rescind its

29  final order revoking the officer's certification.

30         (8)(7)  Upon a finding by the commission that a

31  certified officer has not maintained good moral character, the

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                                                  SENATE AMENDMENT

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    Amendment No.    





 1  definition of which has been adopted by rule and is

 2  established as a statewide standard, as required by s.

 3  943.13(7), the commission may enter an order imposing one or

 4  more of the following penalties:

 5         (a)  Revocation of certification.

 6         (b)  Suspension of certification for a period not to

 7  exceed 2 years.

 8         (c)  Placement on a probationary status for a period

 9  not to exceed 2 years, subject to terms and conditions imposed

10  by the commission.  Upon the violation of such terms and

11  conditions, the commission may revoke certification or impose

12  additional penalties as enumerated in this subsection.

13         (d)  Successful completion by the officer of any basic

14  recruit, advanced, or career development training or such

15  retraining deemed appropriate by the commission.

16         (e)  Issuance of a reprimand.

17         (9)(8)(a)  The commission shall, by rule, adopt

18  disciplinary guidelines and procedures to administer the

19  penalties provided in subsections (7) and (8) (6) and (7). The

20  commission may, by rule, prescribe penalties for certain

21  offenses. The commission shall, by rule, set forth aggravating

22  and mitigating circumstances to be considered when imposing

23  the penalties provided in subsection (8) (7).

24         (b)  The disciplinary guidelines and prescribed

25  penalties must be based upon the severity of specific

26  offenses.  The guidelines must provide reasonable and

27  meaningful notice to officers and to the public of penalties

28  that may be imposed for prohibited conduct.  The penalties

29  must be consistently applied by the commission.

30         (c)  For the purpose of implementing the penalties

31  provided in subsections (7) and (8) (6) and (7), the chair of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  the commission may appoint one or more panels of three

 2  commissioners each to determine probable cause.  In lieu of a

 3  finding of probable cause, the probable cause panel may issue

 4  a letter of guidance to the officer. However, when an

 5  employing agency disciplines an officer and the officer's

 6  employment is continued or reinstated by the agency, a

 7  probable cause panel may review the sustained disciplinary

 8  charges and disciplinary penalty, determine whether or not the

 9  penalty conforms to the disciplinary penalties prescribed by

10  rule, and, in writing and on behalf of the commission, notify

11  the employing agency and officer of the results of the review.

12  If the penalty conforms to the disciplinary penalty provided

13  by rule, the officer and employing agency shall be notified,

14  in writing, that no further action shall be taken.  If the

15  penalty does not conform to such disciplinary penalty

16  prescribed by rule, the officer and employer shall be

17  notified, in writing, of further action to be taken.

18         (d)  An administrative law judge assigned to conduct a

19  hearing under ss. 120.569 and 120.57(1) regarding allegations

20  that an officer is not in compliance with, or has failed to

21  maintain compliance with, s. 943.13(4) or (7) must, in his or

22  her recommended order:

23         1.  Adhere to the disciplinary guidelines and penalties

24  set forth in subsections (7) and (8) (6) and (7) and the rules

25  adopted by the commission for the type of offense committed.

26         2.  Specify, in writing, any aggravating or mitigating

27  circumstance that he or she considered in determining the

28  recommended penalty.

29

30  Any deviation from the disciplinary guidelines or prescribed

31  penalty must be based upon circumstances or factors that

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  reasonably justify the aggravation or mitigation of the

 2  penalty. Any deviation from the disciplinary guidelines or

 3  prescribed penalty must be explained, in writing, by the

 4  administrative law judge.

 5         Section 8.  Subsection (5) of section 943.22, Florida

 6  Statutes, is amended to read:

 7         943.22  Salary incentive program for full-time

 8  officers.--

 9         (5)  An officer is not entitled to full or proportional

10  salary incentive payments for training completed pursuant to

11  s. 943.1395(8)(7).

12

13  (Redesignate subsequent sections.)

14

15

16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 1, line 2, delete that line

19

20  and insert:  An act relating to law enforcement; amending s.

21  775.21, F.S.; streamlining sexual predator registration;

22  amending the sexual predator definition; clarifying temporary

23  residence; requiring that the Department of Corrections or

24  custodian of a local jail notify the Department of Law

25  Enforcement if a sexual predator escapes from custody,

26  absconds from supervision, or dies; deleting current exemption

27  from registration if sexual predator has civil rights

28  restored; amending s. 943.0435, F.S.; clarifying temporary

29  residence; deleting current exemption from lifetime

30  registration if sexual offender has civil rights restored;

31  authorizing a petition for removal of registration

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 1478

    Amendment No.    





 1  requirements by a minor if specific criteria are met; amending

 2  s. 944.606, F.S., relating to reporting requirements for

 3  sexual offenders upon release; conforming a cross-reference;

 4  deleting current exemption from lifetime registration

 5  requirement if sexual offender has civil rights restored;

 6  requiring that the Department of Corrections notify the

 7  Department of Law Enforcement if a sexual offender escapes,

 8  absconds, or dies; amending s. 944.607, F.S.; relating to

 9  notification to the Department of Law Enforcement of

10  information on sexual offenders; correcting a reference to

11  refer to the Department of Law Enforcement; clarifying

12  temporary residence; amending s. 921.0022, F.S., relating to

13  offense severity ranking chart; correcting a statutory

14  reference relating to the ranking of an offense involving a

15  sexual predator's failure to follow specific requirements

16  under s. 775.21, F.S.; amending s. 943.13, F.S.; specifying

17  misdemeanor violations which affect eligibility for employment

18  or appointment as an officer; amending s. 943.1395, F.S.;

19  requiring the Criminal Justice Standards and Training

20  Commission, after notice and hearing, to issue an order

21  revoking certification upon conviction for a felony or

22  specified misdemeanor; providing for rescission of the order

23  under certain circumstances; amending s. 943.22, F.S.;

24  conforming a cross-reference;

25

26

27

28

29

30

31

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