House Bill 1171

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    Florida House of Representatives - 2000                HB 1171

        By Representatives Heyman, Futch, Henriquez, Russell,
    Healey, Kilmer, Goode, Putnam, J. Miller and Dockery





  1                      A bill to be entitled

  2         An act relating to sexual predators and sexual

  3         offenders; amending s. 775.21, F.S.; revising

  4         the definition of the term "conviction" to

  5         include a conviction in another jurisdiction;

  6         clarifying the definition of the term

  7         "temporary residence" to include an

  8         out-of-state address; revising criteria under

  9         which an offender may be designated as a sexual

10         predator; requiring that the Department of

11         Corrections or custodian of a local jail notify

12         the Department of Law Enforcement if a sexual

13         predator escapes from custody, absconds from

14         supervision, or dies; deleting a current

15         exemption from registration for sexual

16         predators whose civil rights are restored;

17         requiring that a sexual predator report in

18         person to the sheriff or the Department of Law

19         Enforcement prior to changing a place of

20         residence; revising criteria under which a

21         court may remove an offender's designation as a

22         sexual predator; revising provisions granting

23         certain agencies and personnel immunity from

24         civil liability for the release of information

25         concerning sexual predators; providing

26         legislative findings with respect to the

27         designation of sexual offenders; amending s.

28         943.0435, F.S.; revising criteria under which

29         an offender is required to register as a sexual

30         offender; revising reporting requirements for

31         sexual offenders; deleting current exemption

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  1         from lifetime registration if sexual offender

  2         has civil rights restored; revising provisions

  3         granting certain agencies and personnel

  4         immunity from civil liability for the release

  5         of information concerning sexual offenders;

  6         amending s. 944.606, F.S., relating to

  7         reporting requirements for sexual offenders

  8         upon release; revising criteria under which an

  9         offender is convicted as a sexual offender to

10         conform to other changes made by the act;

11         requiring that the Department of Corrections

12         notify the Department of Law Enforcement if a

13         sexual offender escapes, absconds, or dies;

14         amending s. 944.607, F.S., relating to

15         notification to the Department of Law

16         Enforcement of information on sexual offenders;

17         revising criteria under which an offender is

18         convicted as a sexual offender to conform to

19         other changes made by the act; correcting a

20         reference to refer to the Department of Law

21         Enforcement; clarifying requirements that a

22         sexual offender report his or her temporary

23         residence; providing an effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Section 775.21, Florida Statutes, is

28  amended to read:

29         775.21  The Florida Sexual Predators Act; definitions;

30  legislative findings, purpose, and intent; criteria;

31

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  1  designation; registration; community and public notification;

  2  immunity; penalties.--

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

  4  Florida Sexual Predators Act."

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

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

  7  officer of a municipality.

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

  9  predator lives or otherwise establishes or maintains a

10  temporary or permanent residence.

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

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

13  nolo contendere, regardless of whether adjudication is

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

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

16  tribunal, including courts-martial conducted by the Armed

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

18  state of the United States or other jurisdiction.

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

20  Enforcement.

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

22  from a correctional facility or jail or secure treatment

23  facility within the county or being under supervision within

24  the county for the commission of a violation enumerated in

25  subsection (4).

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

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

28  days.

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

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

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

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

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

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

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

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

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

  7  and which is not the person's permanent residence, including

  8  any out-of-state address.

  9         (3)  LEGISLATIVE FINDINGS AND PURPOSE; LEGISLATIVE

10  INTENT.--

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

12  physical violence, and sexual offenders who prey on children

13  are sexual predators who present an extreme threat to the

14  public safety. Sexual offenders are extremely likely to use

15  physical violence and to repeat their offenses, and most

16  sexual offenders commit many offenses, have many more victims

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

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

19  victimization to society at large, while incalculable, clearly

20  exorbitant.

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

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

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

24  sufficient justification to implement a strategy that

25  includes:

26         1.  Incarcerating sexual predators and maintaining

27  adequate facilities to ensure that decisions to release sexual

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

29  inadequate space.

30         2.  Providing for specialized supervision of sexual

31  predators who are in the community by specially trained

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

  2  947.1405(7) and 948.03(5). The sexual predator is subject to

  3  specified terms and conditions implemented at sentencing or at

  4  the time of release from incarceration, with a requirement

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

  6  the costs of supervision.

  7         3.  Requiring the registration of sexual predators,

  8  with a requirement that complete and accurate information be

  9  maintained and accessible for use by law enforcement

10  authorities, communities, and the public.

11         4.  Providing for community and public notification

12  concerning the presence of sexual predators.

13         5.  Prohibiting sexual predators from working with

14  children, either for compensation or as a volunteer.

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

16  the public from sexual predators and in protecting children

17  from predatory sexual activity, and there is sufficient

18  justification for requiring sexual predators to register and

19  for requiring community and public notification of the

20  presence of sexual predators.

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

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

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

24  the sexual predator be registered with the department and that

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

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

27  sexual predator is neither a sentence nor a punishment but

28  simply a status resulting from the conviction of certain

29  crimes.

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

31  problem of sexual predators by:

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  1         1.  Requiring sexual predators supervised in the

  2  community to have special conditions of supervision and to be

  3  supervised by probation officers with low caseloads;

  4         2.  Requiring sexual predators to register with the

  5  Florida Department of Law Enforcement, as provided in this

  6  section; and

  7         3.  Requiring community and public notification of the

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

  9         (4)  SEXUAL PREDATOR CRITERIA.--

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

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

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

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

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

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

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

17  register or be registered as a sexual predator with the

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

19  community and public notification as provided in subsection

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

21  the sheriff of the county or the chief of police of the

22  municipality where the sexual predator establishes or

23  maintains a permanent or temporary residence shall notify

24  members of the community and the public of the presence of the

25  sexual predator in a manner deemed appropriate by the sheriff

26  or the chief of police.

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

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

29  any other law enforcement agency and:

30

31

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

  2  written finding at the time of sentencing that the offender

  3  was a sexual predator, or

  4         b.  The offender was administratively registered as a

  5  sexual predator because the Department of Corrections, the

  6  department, or any other law enforcement agency obtained

  7  information which indicated that the offender met the sexual

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

  9  another jurisdiction,

10

11  the department shall remove that offender from the

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

13  attorney who prosecuted the offense that triggered the

14  administrative sexual predator designation for offenders

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

16  county where the offender establishes or maintains a permanent

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

18  described in sub-subparagraph b. The state attorney shall

19  bring the matter to the court's attention in order to

20  establish that the offender meets the sexual predator

21  criteria. If the court then makes a written finding that the

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

23  sexual predator, must register or be registered as a sexual

24  predator with the department as provided in subsection (6),

25  and is subject to community and public notification

26  requirements as provided in subsection (7). If the court does

27  not make a written finding that the offender is a sexual

28  predator, the offender is not designated as a sexual predator

29  with respect to that offense, is not required to register or

30  be registered as a sexual predator with the department, and is

31

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  1  not subject to the requirements for community and public

  2  notification as a sexual predator.

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

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

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

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

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

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

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

10  register or be registered with the department as provided in

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

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

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

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

15  sexual predator establishes or maintains a permanent or

16  temporary residence shall notify the community and the public

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

18  appropriate by the sheriff or the chief of police.

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

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

21  any other law enforcement agency and:

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

23  written finding at the time of sentencing that the offender

24  was a sexual predator, or

25         b.  The offender was administratively registered as a

26  sexual predator because the Department of Corrections, the

27  department, or any other law enforcement agency obtained

28  information which indicated that the offender met the sexual

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

30  another jurisdiction,

31

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  1  the department shall remove that offender from the

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

  3  attorney who prosecuted the offense that triggered the

  4  administrative sexual predator designation for offenders

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

  6  county where the offender establishes or maintains a permanent

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

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

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

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

11  makes a written finding that the offender is a sexual

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

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

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

15  the community and public notification as provided in

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

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

18  designated as a sexual predator with respect to that offense

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

20  predator with the department.

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

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

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

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

25  public notification under subsection (7) if:

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

27  775.22(2) and 775.23(2), specifically, The felony is:

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

29  or any attempt thereof, of s. 787.01 or s. 787.02, where the

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

31

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  1  parent, or of chapter 794, s. 800.04, or s. 847.0145, or a

  2  violation of a similar law of another jurisdiction; or

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

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

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

  6  jurisdiction; or

  7         b.c.  Any second-degree or greater felony violation, or

  8  any attempt thereof, of s. 787.01, or s. 787.02, or s.

  9  787.025, where the victim is a minor and the defendant is not

10  the victim's parent; chapter 794, excluding ss. 794.011(10)

11  and 794.0235; s. 796.03; s. 800.04; s. 825.1025(2)(b); s.

12  827.071; or s. 847.0145; or a violation of a similar law of

13  another jurisdiction, and the offender has previously been

14  convicted of or found to have committed, or has pled nolo

15  contendere or guilty to, regardless of adjudication, any

16  violation of s. 787.01, or s. 787.02, or s. 787.025, where the

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

18  parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05 s.

19  794.023; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

20  847.0133; s. 847.0135; or s. 847.0145, or a violation of a

21  similar law of another jurisdiction;

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

23  felony or similar law of another jurisdiction that is

24  necessary for the operation of this paragraph; and

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

26  jurisdiction necessary to the operation of this paragraph has

27  not been set aside in any postconviction proceeding.

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

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

30  a conviction sentenced separately, or an adjudication of

31  delinquency entered separately, prior to the current offense

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  1  and sentenced or adjudicated separately from any other felony

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

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

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

  5  prior felony under this subsection if the offender has not

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

  7  consecutive years from the most recent date of release from

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

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

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

11  any other law enforcement agency and if:

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

13  written finding at the time of sentencing that the offender

14  was a sexual predator; or

15         2.  The offender was administratively registered as a

16  sexual predator because the Department of Corrections, the

17  department, or any other law enforcement agency obtained

18  information that indicated that the offender met the criteria

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

20  similar law in another jurisdiction,

21

22  the department shall remove that offender from the

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

24  described under subparagraph 1., shall notify the state

25  attorney who prosecuted the offense that met the criteria for

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

27  offender described under subparagraph 2., shall notify the

28  state attorney of the county where the offender establishes or

29  maintains a permanent or temporary residence. The state

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

31  order to establish that the offender meets the criteria for

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

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

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

  4  registered as a sexual predator with the department as

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

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

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

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

  9  sexual predator with respect to that offense and is not

10  required to register or be registered as a sexual predator

11  with the department.

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

13  offense committed on or after October 1, 1996, An offender is

14  designated as a sexual predator as follows:

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

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

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

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

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

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

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

22  containing the written finding to the department within 48

23  hours after the entry of the order; or

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

25  or any other law enforcement agency obtains information which

26  indicates that an offender who establishes or maintains a

27  permanent or temporary residence in this state meets the

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

29  because the offender committed a similar violation in another

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

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

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  1  shall notify the state attorney of the county where the

  2  offender establishes or maintains a permanent or temporary

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

  4  state attorney shall file a petition with the criminal

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

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

  7  another jurisdiction meets the sexual predator criteria. If

  8  the court finds that the offender meets the sexual predator

  9  criteria because the offender has violated a similar law or

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

11  written finding that the offender is a sexual predator.

12

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

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

15  the registration and community and public notification

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

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

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

19  written sexual predator finding to the department. If the

20  offender is sentenced to a term of imprisonment or

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

22  finding must be submitted to the Department of Corrections.

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

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

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

26  department within 48 hours after the court renders its written

27  sexual predator finding. The fingerprint card shall be clearly

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

29  court that convicts and sentences the sexual predator for the

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

31  to the department and to the Department of Corrections a

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

  2  special condition or restriction on the sexual predator which

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

  4  a minor, or to other minors.

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

  6  or any other law enforcement agency obtains information which

  7  indicates that an offender meets the sexual predator criteria

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

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

10  Department of Corrections, the department, or the law

11  enforcement agency shall notify the state attorney who

12  prosecuted the offense for offenders described in subparagraph

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

14  establishes or maintains a residence upon first entering the

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

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

17  order to establish that the offender meets the sexual predator

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

19  offender meets the sexual predator criteria and the court does

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

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

22  department as a sexual predator. The Department of

23  Corrections, the department, or any other law enforcement

24  agency shall not administratively designate an offender as a

25  sexual predator without a written finding from the court that

26  the offender is a sexual predator.

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

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

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

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

31  another sexual offender designation in another state or

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

  2  subjected to registration or community or public notification,

  3  or both, or would be if the person was a resident of that

  4  state or jurisdiction, shall register in the manner provided

  5  in s. 943.0435 or s. 944.607 and shall be subject to community

  6  and public notification as provided in s. 943.0435 or s.

  7  944.607. A person who meets the criteria of this section is

  8  subject to the requirements and penalty provisions of s.

  9  943.0435 or s. 944.607 until the person provides the

10  department with an order issued by the court that designated

11  the person as a sexual predator, as a sexually violent

12  predator, or by another sexual offender designation in the

13  another state or jurisdiction in which the order was issued

14  which states that such designation has been removed or

15  demonstrates to the department that such designation, if not

16  imposed by a court, has been removed by operation of law or

17  court order in the state or jurisdiction in which the

18  designation was made, and provided such person no longer meets

19  the criteria for registration as a sexual offender under the

20  laws of this state.

21         (6)  REGISTRATION.--

22         (a)  A sexual predator must register with the

23  department by providing the following information to the

24  department:

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

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

27  address of legal residence and address of any current

28  temporary residence, within the state or out of state,

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

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

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

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

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

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

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

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

  6  department written notice of the vehicle identification

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

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

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

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

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

12  shall also provide to the department written notice of the

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

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

15  registration number; and a description, including color

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

17         2.  Any other information determined necessary by the

18  department, including criminal and corrections records;

19  nonprivileged personnel, treatment, and abuse registry

20  records; and evidentiary genetic markers when available.

21         (b)  If the sexual predator is in the custody or

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

23  Corrections, or is in the custody of a private correctional

24  facility, the sexual predator must register with the

25  Department of Corrections. The Department of Corrections shall

26  provide to the department registration information and the

27  location of, and local telephone number for, any Department of

28  Corrections office that is responsible for supervising the

29  sexual predator. In addition, the Department of Corrections

30  shall notify the department if the sexual predator escapes or

31

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  1  absconds from custody or supervision or if the sexual predator

  2  dies.

  3         (c)  If the sexual predator is in the custody of a

  4  local jail, the custodian of the local jail shall register the

  5  sexual predator and forward the registration information to

  6  the department. The custodian of the local jail shall also

  7  take a digitized photograph of the sexual predator while the

  8  sexual predator remains in custody and shall provide the

  9  digitized photograph to the department. The custodian shall

10  notify the department if the sexual predator escapes from

11  custody or dies.

12         (d)  If the sexual predator is under federal

13  supervision, the federal agency responsible for supervising

14  the sexual predator may forward to the department any

15  information regarding the sexual predator which is consistent

16  with the information provided by the Department of Corrections

17  under this section, and may indicate whether use of the

18  information is restricted to law enforcement purposes only or

19  may be used by the department for purposes of public

20  notification.

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

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

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

24  correctional facility, and establishes or maintains a

25  residence in the state, the sexual predator shall initially

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

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

28  establishes or maintains a residence, within 48 hours after

29  establishing permanent or temporary residence in this state.

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

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

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  1  the predator and forward the photographs and fingerprints to

  2  the department, along with the information that the predator

  3  is required to provide pursuant to this section.

  4         (f)  Within 48 hours after the initial registration

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

  6  predator who is not incarcerated and who resides in the

  7  community, including a sexual predator under the supervision

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

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

10  and Motor Vehicles and shall present proof of initial

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

12  predator shall:

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

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

15  identification card. The sexual predator shall identify

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

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

18  permanent or temporary residence, including a rural route

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

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

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

22  in maintaining current records of sexual predators. A post

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

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

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

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

27  predator shall also provide to the Department of Highway

28  Safety and Motor Vehicles the vehicle identification number;

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

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

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

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

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

  3  shall also provide to the Department of Highway Safety and

  4  Motor Vehicles the hull identification number; the

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

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

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

  8  live-aboard vessel, or houseboat.

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

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

11  license or identification card as required by this section.

12         3.  Provide, upon request, any additional information

13  necessary to confirm the identity of the sexual predator,

14  including a set of fingerprints.

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

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

17  after any change of the predator's residence or legal name,

18  the predator shall report in person to a driver's license

19  office, and shall be subject to the requirements specified in

20  paragraph (f). The Department of Highway Safety and Motor

21  Vehicles shall forward to the department and to the Department

22  of Corrections all photographs and information provided by

23  sexual predators. Notwithstanding the restrictions set forth

24  in s. 322.142, the Department of Highway Safety and Motor

25  Vehicles is authorized to release a reproduction of a

26  color-photograph or digital-image license to the Department of

27  Law Enforcement for purposes of public notification of sexual

28  predators as provided in this section.

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

30  office of the department, the department must notify the

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

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

  2  sexual predator maintains a residence within 48 hours after

  3  the sexual predator registers with the department.

  4         (i)  A sexual predator who intends to establish

  5  residence in another state or jurisdiction shall report in

  6  person to notify the sheriff of the county of current

  7  residence or the department within 48 hours before the date he

  8  or she intends to leave this state to establish residence in

  9  another state or jurisdiction. The sexual predator

10  notification must provide to the sheriff or department include

11  the address, municipality, county, and state of intended

12  residence. The sheriff shall promptly provide to the

13  department the information received from the sexual predator.

14  The department shall notify the statewide law enforcement

15  agency, or a comparable agency, in the intended state or

16  jurisdiction of residence of the sexual predator's intended

17  residence. The failure of a sexual predator to provide his or

18  her intended place of residence is punishable as provided in

19  subsection (10).

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

21  to reside in another state or jurisdiction and later decides

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

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

24  this state, report in person to notify the sheriff or the

25  department, whichever agency is the agency to which the sexual

26  predator reported the intended change of residence, of his or

27  her intent to remain in this state. If the sheriff is notified

28  by the sexual predator that he or she intends to remain in

29  this state, the sheriff shall promptly report this information

30  to the department. A sexual predator who reports his or her

31  intent to reside in another state or jurisdiction, but who

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  1  remains in this state without reporting to the sheriff or the

  2  department in the manner required by this paragraph, commits a

  3  felony of the second degree, punishable as provided in s.

  4  775.082, s. 775.083, or s. 775.084.

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

  6  maintenance of current information regarding each registered

  7  sexual predator. The department must maintain hotline access

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

  9  obtain instantaneous locator file and offender characteristics

10  information on all released registered sexual predators for

11  purposes of monitoring, tracking, and prosecution. The

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

13  computerized format.

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

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

16  a public record. The department is authorized to disseminate

17  this public information by any means deemed appropriate,

18  including operating a toll-free telephone number for this

19  purpose. When the department provides information regarding a

20  registered sexual predator to the public, department personnel

21  must advise the person making the inquiry that positive

22  identification of a person believed to be a sexual predator

23  cannot be established unless a fingerprint comparison is made,

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

25  registered sexual predator to facilitate the commission of a

26  crime.

27         3.  The department shall adopt guidelines as necessary

28  regarding the registration of sexual predators and the

29  dissemination of information regarding sexual predators as

30  required by this section.

31

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  1         (l)  A sexual predator must maintain registration with

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

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

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

  5  in a postconviction proceeding for any felony sex offense that

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

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

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

  9  released from confinement, supervision, or sanction, whichever

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

11  any felony or misdemeanor offense since release, may petition

12  the criminal division of the circuit court in the circuit in

13  which the sexual predator resides for the purpose of removing

14  the sexual predator designation. A sexual predator who was

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

16  1998, who has been lawfully released from confinement,

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

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

19  misdemeanor offense since release may petition the criminal

20  division of the circuit court in the circuit in which the

21  sexual predator resides for the purpose of removing the sexual

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

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

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

25  relief complies with the provisions of the federal Jacob

26  Wetterling Act, as amended, and any other federal standards

27  applicable to the removal of the designation as a sexual

28  predator or required to be met as a condition for the receipt

29  of federal funds by the state, and the court is otherwise

30  satisfied that the petitioner is not a current or potential

31  threat to public safety. The state attorney in the circuit in

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  1  which the petition is filed must be given notice of the

  2  petition at least 3 weeks before the hearing on the matter.

  3  The state attorney may present evidence in opposition to the

  4  requested relief or may otherwise demonstrate the reasons why

  5  the petition should be denied. If the court denies the

  6  petition, the court may set a future date at which the sexual

  7  predator may again petition the court for relief, subject to

  8  the standards for relief provided in this paragraph. Unless

  9  specified in the order, a sexual predator who is granted

10  relief under this paragraph must comply with the requirements

11  for registration as a sexual offender and other requirements

12  provided under s. 943.0435 or s. 944.607. If a petitioner

13  obtains an order from the court that imposed the order

14  designating the petitioner as a sexual predator which removes

15  such designation, the petitioner shall forward a certified

16  copy of the written findings or order to the department in

17  order to have the sexual predator designation removed from the

18  sexual predator registry.

19         (7)  COMMUNITY AND PUBLIC NOTIFICATION.--

20         (a)  Law enforcement agencies must inform members of

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

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

23  sheriff of the county or the chief of police of the

24  municipality where the sexual predator establishes or

25  maintains a permanent or temporary residence shall notify

26  members of the community and the public of the presence of the

27  sexual predator in a manner deemed appropriate by the sheriff

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

29  notification of the presence of a sexual predator, the sheriff

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

31  the sexual predator temporarily or permanently resides shall

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  1  notify each licensed day care center, elementary school,

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

  3  temporary or permanent residence of the sexual predator of the

  4  presence of the sexual predator.  Information provided to

  5  members of the community and the public regarding a sexual

  6  predator must include:

  7         1.  The name of the sexual predator;

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

  9  photograph;

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

11  the name of the county or municipality if known;

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

13  or offenses; and

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

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

16  adult.

17

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

19  any victim of the sexual predator.

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

21  community and public notification efforts with the department.

22  Statewide notification to the public is authorized, as deemed

23  appropriate by local law enforcement personnel and the

24  department.

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

26  designated sexual predators through the Internet.  The

27  Internet notice shall include the information required by

28  paragraph (a).

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

30  law enforcement agencies in their efforts to notify the

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

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

  2  of Corrections shall implement a system for verifying the

  3  addresses of sexual predators. The system must be consistent

  4  with the provisions of the federal Jacob Wetterling Act, as

  5  amended, and any other federal standards applicable to such

  6  verification or required to be met as a condition for the

  7  receipt of federal funds by the state requirements that apply

  8  to the laws of this state governing sexual predators. The

  9  Department of Corrections shall verify the addresses of sexual

10  predators who are not incarcerated but who reside in the

11  community under the supervision of the Department of

12  Corrections. County and local law enforcement agencies, in

13  conjunction with the department, shall verify the addresses of

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

15  or supervision of the Department of Corrections.

16         (9)  IMMUNITY.--The department, the Department of

17  Highway Safety and Motor Vehicles, the Department of

18  Corrections, any law enforcement agency in this state, and the

19  personnel of those departments; When the court has made a

20  written finding that an offender is a sexual predator, an

21  elected or appointed official, public employee, or school

22  administrator; or an employee, agency, or any individual or

23  entity acting at the request or upon the direction of any law

24  enforcement agency is immune from civil liability for damages

25  for good-faith compliance with the requirements of this

26  section or for resulting from the release of information under

27  this section, and shall be presumed to have acted in good

28  faith in compiling, recording, reporting, or releasing the

29  information. The presumption of good faith is not overcome if

30  a technical or clerical error is made by the department, the

31  Department of Highway Safety and Motor Vehicles, the

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  1  Department of Corrections, the personnel of those departments,

  2  or any 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 predator fails to report or falsely

  6  reports his or her current place of permanent or temporary

  7  residence.

  8         (10)  PENALTIES.--

  9         (a)  Except as otherwise specifically provided, a

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

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

12  license or identification card or provide required location

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

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

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

16  775.083, or s. 775.084.

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

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

19  to, regardless of adjudication, any violation, or attempted

20  violation, of s. 787.01, s. 787.02, or s. 787.025, where the

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

22  parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.

23  796.03; s. 794.023; s. 800.04; s. 827.071; s. 847.0133; or s.

24  847.0145, or a violation of a similar law of another

25  jurisdiction, when the victim of the offense was a minor, and

26  who works, whether for compensation or as a volunteer, at any

27  business, school, day care center, park, playground, or other

28  place where children regularly congregate, commits a felony of

29  the third degree, punishable as provided in s. 775.082, s.

30  775.083, or s. 775.084.

31

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  1         (c)  Any person who misuses public records information

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

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

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

  5  knowingly distributes or publishes false information relating

  6  to such a predator or offender which the person misrepresents

  7  as being public records information; or who materially alters

  8  public records information with the intent to misrepresent the

  9  information, including documents, summaries of public records

10  information provided by law enforcement agencies, or public

11  records information displayed by law enforcement agencies on

12  web sites or provided through other means of communication,

13  commits a misdemeanor of the first degree, punishable as

14  provided in s. 775.082 or s. 775.083.

15         Section 2.  Legislative findings.--The Legislature

16  finds that sexual offenders, especially those who have

17  committed their offenses against minors, often pose a high

18  risk of engaging in sexual offenses, even after being released

19  from incarceration or commitment, and that protection of the

20  public from sexual offenders is a paramount government

21  interest. Sexual offenders have a reduced expectation of

22  privacy because of the public's interest in public safety and

23  in the effective operation of government. Releasing

24  information concerning sexual offenders to law enforcement

25  agencies and to persons who request such information, and the

26  release of such information to the public by a law enforcement

27  agency or public agency, will further the governmental

28  interests of public safety. The designation of a person as a

29  sexual offender is not a sentence or a punishment, but is

30  simply the status of the offender which is the result of a

31  conviction for having committed certain crimes.

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  1         Section 3.  Section 943.0435, Florida Statutes, is

  2  amended to read:

  3         943.0435  Sexual offenders required to register with

  4  the department; penalty.--

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

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

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

  8  or conspiring to commit, any of the criminal offenses

  9  proscribed in the following statutes in this state or similar

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

11  s. 787.025, where the victim is a minor and the defendant is

12  not the victim's parent; s. 787.025; chapter 794, excluding

13  ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.

14  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145;

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

16  redesignated from a former statute number to one of those

17  listed in this subparagraph.

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

19  sanction imposed for any conviction of an offense described in

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

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

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

23  parole, conditional release, control release, or incarceration

24  in a state prison, federal prison, private correctional

25  facility, or local detention facility.

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

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

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

29  contendere, regardless of whether adjudication is withheld.

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

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

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

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

  3  States or other jurisdiction.

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

  5  have the same meaning ascribed in s. 775.21.

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

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

  8  the county in which the offender establishes or maintains a

  9  permanent or temporary residence, within 48 hours after

10  establishing permanent or temporary residence in this state or

11  within 48 hours after being released from the custody,

12  control, or supervision of the Department of Corrections or

13  from the custody of a private correctional facility. The

14  sexual offender shall provide his or her name, date of birth,

15  social security number, race, sex, height, weight, hair and

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

17  place of employment, address of permanent or legal residence

18  or address of any current temporary residence, within the

19  state and out of state, including a rural route address and a

20  post office box, date and place of each conviction, and a

21  brief description of the crime or crimes committed by the

22  offender. A post office box shall not be provided in lieu of a

23  physical residential address. If the sexual offender's place

24  of residence is a motor vehicle, trailer, mobile home, or

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

26  offender shall also provide to the department written notice

27  of the vehicle identification number; the license tag number;

28  the registration number; and a description, including color

29  scheme, of the motor vehicle, trailer, mobile home, or

30  manufactured home. If the sexual offender's place of residence

31  is a vessel, live-aboard vessel, or houseboat, as defined in

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  1  chapter 327, the sexual offender shall also provide to the

  2  department written notice of the hull identification number;

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

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

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

  6  live-aboard vessel, or houseboat. If a sexual offender reports

  7  at the sheriff's office, the sheriff shall take a photograph

  8  and a set of fingerprints of the offender and forward the

  9  photographs and fingerprints to the department, along with the

10  information provided by the sexual offender.

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

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

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

14  Safety and Motor Vehicles, unless a driver's license or

15  identification card was previously secured or updated under s.

16  944.607(9). At the driver's license office the sexual offender

17  shall:

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

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

20  identification card. The sexual offender shall identify

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

22  comply with this section and shall provide proof that the

23  sexual offender initially reported as required in subsection

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

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

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

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

28  and for use by the department in maintaining current records

29  of sexual offenders.

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

31  Highway Safety and Motor Vehicles for issuing or renewing a

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

  2  section.

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

  4  necessary to confirm the identity of the sexual offender,

  5  including a set of fingerprints.

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

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

  8  after any change to the offender's legal name or in the

  9  offender's permanent or temporary residence, the offender

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

11  be subject to the requirements specified in subsection (3).

12  The Department of Highway Safety and Motor Vehicles shall

13  forward to the department all photographs and information

14  provided by sexual offenders. Notwithstanding the restrictions

15  set forth in s. 322.142, the Department of Highway Safety and

16  Motor Vehicles is authorized to release a reproduction of a

17  color-photograph or digital-image license to the Department of

18  Law Enforcement for purposes of public notification of sexual

19  offenders as provided in ss. 943.043, 943.0435, and 944.606.

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

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

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

23         (6)  County and local law enforcement agencies, in

24  conjunction with the department, shall verify the addresses of

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

26  or supervision of the Department of Corrections in a manner

27  that is consistent with the provisions of the federal Jacob

28  Wetterling Act, as amended, and any other federal standards

29  applicable to such verification or required to be met as a

30  condition for the receipt of federal funds by the state

31  requirements.

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  1         (7)  A sexual offender who intends to establish

  2  residence in another state or jurisdiction shall report in

  3  person to notify the sheriff of the county of current

  4  residence or the department within 48 hours before the date he

  5  or she intends to leave this state to establish residence in

  6  another state or jurisdiction. The notification must include

  7  the address, municipality, county, and state of intended

  8  residence. The sheriff shall promptly provide to the

  9  department the information received from the sexual offender.

10  The department shall notify the statewide law enforcement

11  agency, or a comparable agency, in the intended state or

12  jurisdiction of residence of the sexual offender's intended

13  residence. The failure of a sexual offender to provide his or

14  her intended place of residence is punishable as provided in

15  subsection (9).

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

17  to reside in another state or jurisdiction and later decides

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

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

20  this state, report in person to notify the sheriff or

21  department, whichever agency is the agency to which the sexual

22  offender reported the intended change of residence, of his or

23  her intent to remain in this state. If the sheriff is notified

24  by the sexual offender that he or she intends to remain in

25  this state, the sheriff shall promptly report this information

26  to the department. A sexual offender who reports his or her

27  intent to reside in another state or jurisdiction but who

28  remains in this state without reporting to the sheriff or the

29  department in the manner required by this subsection commits a

30  felony of the second degree, punishable as provided in s.

31  775.082, s. 775.083, or s. 775.084.

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

  2  requirements of this section commits a felony of the third

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

  4  s. 775.084.

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

  6  and Motor Vehicles, the Department of Corrections, any law

  7  enforcement agency in this state, and the personnel of those

  8  departments; an elected or appointed official, public

  9  employee, or school administrator; an employee, agency, or,

10  and any individual or entity acting at the request or upon the

11  direction of any law enforcement agency is of those

12  departments are immune from civil liability for damages for

13  good faith compliance with the requirements of this section or

14  for the release of information under this section, and shall

15  be presumed to have acted in good faith in compiling,

16  recording, and reporting, or releasing the information. The

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

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

19  Highway Safety and Motor Vehicles, the Department of

20  Corrections, the personnel of those departments, or any

21  individual or entity acting at the request or upon the

22  direction of any of those departments in compiling or

23  providing information, or if information is incomplete or

24  incorrect because a sexual offender fails to report or falsely

25  reports his or her current place of permanent or temporary

26  residence.

27         (11)  A sexual offender must maintain registration with

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

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

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

31  in a postconviction proceeding for any felony sex offense that

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  1  meets the criteria for classifying the person as a sexual

  2  offender for purposes of registration. However, a sexual

  3  offender who has been lawfully released from confinement,

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

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

  6  offense since release may petition the criminal division of

  7  the circuit court of the circuit in which the sexual offender

  8  resides for the purpose of removing the requirement for

  9  registration as a sexual offender. The court may grant or deny

10  such relief if the offender demonstrates to the court that he

11  or she has not been arrested for any crime since release, the

12  requested relief complies with the provisions of the federal

13  Jacob Wetterling Act, as amended, and any other federal

14  standards applicable to the removal of registration

15  requirements for a sexual offender or required to be met as a

16  condition for the receipt of federal funds by the state, and

17  the court is otherwise satisfied that the offender is not a

18  current or potential threat to public safety. The state

19  attorney in the circuit in which the petition is filed must be

20  given notice of the petition at least 3 weeks before the

21  hearing on the matter. The state attorney may present evidence

22  in opposition to the requested relief or may otherwise

23  demonstrate the reasons why the petition should be denied. If

24  the court denies the petition, the court may set a future date

25  at which the sexual offender may again petition the court for

26  relief, subject to the standards for relief provided in this

27  subsection. The department shall remove an offender from

28  classification as a sexual offender for purposes of

29  registration if the offender provides to the department a

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

31

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  1  indicates that the offender is no longer required to comply

  2  with the requirements for registration as a sexual offender.

  3         Section 4.  Subsections (1) and (3) of section 944.606,

  4  Florida Statutes, are amended to read:

  5         944.606  Sexual offenders; notification upon release.--

  6         (1)  As used in this section:

  7         (a)  "Convicted" "Conviction" means there has been a

  8  determination of guilt as a which is the result of a trial or

  9  the entry of a plea of guilty or nolo contendere, regardless

10  of whether adjudication is withheld. A conviction for a

11  violation of a similar offense law of another jurisdiction

12  includes, but is not limited to, a conviction by a federal or

13  military tribunal, including courts-martial conducted by the

14  Armed Forces of the United States, and includes a conviction

15  in any state of the United States or other jurisdiction.

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

17  convicted of committing, or attempting, soliciting, or

18  conspiring to commit, any of the criminal offenses proscribed

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

20  another jurisdiction:  s. 787.01, or s. 787.02, or s. 787.025,

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

22  victim's parent; s. 787.025; chapter 794, excluding ss.

23  794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025;

24  s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145; or any

25  similar offense committed in this state which has been

26  redesignated from a former statute number to one of those

27  listed in this subsection, when the department has received

28  verified information regarding such conviction; an offender's

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

30  verified information.

31

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

  2  regarding any sexual offender who is being released after

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

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

  5  name, any legal name change, and any alias, if known; the

  6  correctional facility from which the sexual offender is

  7  released; the sexual offender's social security number, race,

  8  sex, date of birth, height, weight, and hair and eye color;

  9  date and county of sentence and each crime for which the

10  offender was sentenced; a copy of the offender's fingerprints

11  and a digitized photograph taken within 60 days before

12  release; the date of release of the sexual offender; and the

13  offender's intended residence address, if known. The

14  department shall notify the Department of Law Enforcement if

15  the sexual predator escapes, absconds, or dies.  If the sexual

16  offender is in the custody of a private correctional facility,

17  the facility shall take the digitized photograph of the sexual

18  offender within 60 days before the sexual offender's release

19  and provide this photograph to the Department of Corrections

20  and also place it in the sexual offender's file. If the sexual

21  offender is in the custody of a local jail, the custodian of

22  the local jail shall notify the Department of Law Enforcement

23  of the sexual offender's release and provide to the Department

24  of Law Enforcement the information specified in this paragraph

25  and any information specified in subparagraph 2. that the

26  Department of Law Enforcement requests.

27         2.  The department may provide any other information

28  deemed necessary, including criminal and corrections records,

29  nonprivileged personnel and treatment records, when available.

30         (b)  The department must provide the information

31  described in subparagraph (a)1. to:

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

  2  offender was sentenced;

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

  4  police chief of the municipality, where the sexual offender

  5  plans to reside;

  6         3.  The Florida Department of Law Enforcement; and

  7         4.  Any person who requests such information,

  8

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

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

11  released earlier than anticipated. All such information

12  provided to the Department of Law Enforcement must be

13  available electronically as soon as the information is in the

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

15  with the requirements of the Florida Crime Information Center.

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

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

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

19  offender was sentenced; and

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

21  police chief of the municipality, where the sexual offender

22  plans to reside,

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.

27         (d)  Upon receiving information regarding a sexual

28  offender from the department, the Department of Law

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

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

31  individual who requests such information and may release the

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  1  information to the public in any manner deemed appropriate,

  2  unless the information so received is confidential or exempt

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

  4  Constitution.

  5         Section 5.  Subsections (1), (3), (4), (6), and (9) of

  6  section 944.607, Florida Statutes, are amended to read:

  7         944.607  Notification to Department of Law Enforcement

  8  of information on sexual offenders.--

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

10         (a)  "Sexual offender" means a person who is in the

11  custody or control of, or under the supervision of, the

12  department or is in the custody of a private correctional

13  facility on or after October 1, 1997, as a result of a

14  conviction for committing, or attempting, soliciting, or

15  conspiring to commit, any of the criminal offenses proscribed

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

17  another jurisdiction:  s. 787.01, or s. 787.02, or s. 787.025,

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

19  victim's parent; s. 787.025; chapter 794, excluding ss.

20  794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025;

21  s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145; or any

22  similar offense committed in this state which has been

23  redesignated from a former statute number to one of those

24  listed in this paragraph.

25         (b)  "Conviction" means a determination of guilt which

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

27  nolo contendere, regardless of whether adjudication is

28  withheld. Conviction of a similar offense includes, but is not

29  limited to, a conviction by a federal or military tribunal,

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

31

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

  2  United States or other jurisdiction.

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

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

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

  6  Department of Law Enforcement within 48 hours after the court

  7  sentences the offender. The fingerprint card shall be clearly

  8  marked "Sexual Offender Registration Card."

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

10  who is under the supervision of the Department of Corrections

11  but is not incarcerated must register with the Department of

12  Corrections and provide the following information: name; date

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

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

15  permanent or legal residence and address of temporary

16  residence within the state or out of state while the sexual

17  offender is under supervision in this state, including any

18  rural route address or post office box. The Department of

19  Corrections shall verify the address of each sexual offender

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

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

22  Enforcement must include:

23         (a)  The information obtained from the sexual offender

24  under subsection (4);

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

26  place of permanent and temporary residence within the state or

27  out of state while the sexual offender is under supervision in

28  this state, including the name of the county or municipality

29  in which the offender permanently or temporarily resides and,

30  if known, the intended place of permanent or temporary

31  residence upon satisfaction of all sanctions;

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

  2  scheduled termination date of that legal status;

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

  4  any Department of Corrections' office that is responsible for

  5  supervising the sexual offender;

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

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

  8  was a minor;

  9         (f)  The offense or offenses at conviction which

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

11  sex offender; and

12         (g)  A digitized photograph of the sexual offender

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

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

15  correctional facility by expiration of sentence under s.

16  944.275 or must have been taken by January 1, 1998, or within

17  60 days after the onset of the department's supervision of any

18  sexual offender who is on probation, community control,

19  conditional release, parole, provisional release, or control

20  release or who is supervised by the department under the

21  Interstate Compact Agreement for Probationers and Parolees. If

22  the sexual offender is in the custody of a private

23  correctional facility, the facility shall take a digitized

24  photograph of the sexual offender within the time period

25  provided in this paragraph and shall provide the photograph to

26  the department.

27

28  If any information provided by the department changes during

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

30  control, custody, or supervision, including a change in the

31  offender's legal name, the department shall, in a timely

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  1  manner, update the information and provide it to the

  2  Department of Law Enforcement in the manner prescribed in

  3  subsection (2).

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

  5  who is under the supervision of the Department of Corrections

  6  but who is not incarcerated shall, in addition to the

  7  registration requirements provided in subsection (4), register

  8  in the manner provided in s. 943.0435(3), (4), and (5), unless

  9  the sexual offender is a sexual predator, in which case he or

10  she shall register as required under s. 775.21. A sexual

11  offender who fails to comply with the requirements of s.

12  943.0435 is subject to the penalties provided in s.

13  943.0435(9) s. 943.0435(10).

14         Section 6.  This act shall take effect upon becoming a

15  law.

16

17            *****************************************

18                          SENATE SUMMARY

19    Revises various provisions of the Florida Sexual
      Predators Act and laws requiring that sexual offenders
20    register with the Department of Law Enforcement. Revises
      the criteria under which an offender may be designated as
21    a sexual predator. Requires that the Department of
      Corrections or custodian of a local jail notify the
22    Department of Law Enforcement if a sexual predator or
      sexual offender escapes from custody, absconds from
23    supervision, or dies. Deletes the exemption from
      registration for a sexual predator whose civil rights are
24    restored. Requires that a sexual predator report in
      person to the sheriff or the Department of Law
25    Enforcement prior to changing a place of residence.
      Revises criteria under which an offender is required to
26    register as a sexual offender. Deletes the exemption from
      lifetime registration for a sexual offender whose civil
27    rights are restored. (See bill for details.)

28

29

30

31

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