Senate Bill sb1510
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Florida Senate - 2002 SB 1510
By Senator Burt
16-606-02
1 A bill to be entitled
2 An act relating to sexual offenders and sexual
3 predators; amending s. 775.21, F.S., the
4 Florida Sexual Predators Act; defining the term
5 "institution of higher education"; requiring a
6 sexual predator who is enrolled at or employed
7 by an institution of higher education to report
8 to the Department of Law Enforcement; requiring
9 the sexual predator to report upon terminating
10 enrollment or employment; requiring that the
11 sheriff or the Department of Corrections notify
12 an institution of higher education where a
13 sexual predator commences or terminates
14 enrollment or employment; requiring that a
15 sexual predator report any change in residence
16 or name; requiring that a sheriff promptly
17 report to the Department of Law Enforcement any
18 information received from a sexual predator;
19 amending s. 775.24, F.S.; increasing the period
20 during which a state agency may move the court
21 to set aside or modify an order or injunction
22 that affects the agency's performance of a duty
23 imposed under the laws governing sexual
24 predators or sexual offenders; creating s.
25 943.0434, F.S.; providing legislative findings
26 with respect to designating an offender as a
27 sexual offender and notifying the public of
28 such designation; amending s. 943.0435, F.S.;
29 redefining the term "sexual offender" to
30 include an offender who has been designated as
31 a sexual predator or sexual offender in another
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1 state or jurisdiction or who is under the
2 supervision of another state or jurisdiction as
3 the result of a conviction for certain
4 specified offenses; requiring a sexual offender
5 to report any change in residence or name;
6 requiring a sexual offender who is enrolled at
7 or employed by an institution of higher
8 education to report to the Department of Law
9 Enforcement, the sheriff, or the Department of
10 Corrections; requiring that the sheriff or the
11 Department of Corrections notify an institution
12 of higher education where a sexual predator
13 commences or terminates enrollment or
14 employment; revising conditions under which a
15 sexual offender may petition the court for
16 removing the requirement for registration;
17 creating s. 943.0436, F.S.; prohibiting the
18 court from exempting a person from designation
19 as a sexual predator or sexual offender or from
20 registration requirements; prohibiting the
21 court from taking certain other actions that
22 restrict the compiling, reporting, or release
23 of certain information or prevent a person or
24 entity from performing statutory duties with
25 respect to sexual offenders; authorizing a
26 state agency to move the court to set aside or
27 modify an order or injunction affecting the
28 agency's performance of a duty imposed under
29 the laws governing sexual predators or sexual
30 offenders; specifying grounds for granting such
31 motion; amending s. 944.606, F.S.; redefining
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1 the term "sexual offender" to include a person
2 convicted of committing, or attempting,
3 soliciting, or conspiring to commit, the
4 offense of transmitting pornography by
5 electronic device or equipment; amending s.
6 944.607, F.S.; redefining the term "sexual
7 offender," for purposes of requirements for
8 notifying the Department of Law Enforcement, to
9 include an offender who is under the
10 supervision of the Department of Corrections
11 and who has been designated as a sexual
12 predator or sexual offender in another state or
13 jurisdiction; requiring a sexual offender who
14 is enrolled at or employed by an institution of
15 higher education to report to the Department of
16 Corrections; requiring a sexual predator to
17 report upon terminating enrollment or
18 employment; requiring that the Department of
19 Corrections notify an institution of higher
20 education where a sexual predator commences or
21 terminates enrollment or employment; providing
22 an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Subsections (2) and (6) of section 775.21,
27 Florida Statutes, are amended to read:
28 775.21 The Florida Sexual Predators Act; definitions;
29 legislative findings, purpose, and intent; criteria;
30 designation; registration; community and public notification;
31 immunity; penalties.--
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1 (2) DEFINITIONS.--As used in this section, the term:
2 (a) "Chief of police" means the chief law enforcement
3 officer of a municipality.
4 (b) "Community" means any county where the sexual
5 predator lives or otherwise establishes or maintains a
6 temporary or permanent residence.
7 (c) "Conviction" means a determination of guilt which
8 is the result of a trial or the entry of a plea of guilty or
9 nolo contendere, regardless of whether adjudication is
10 withheld. A conviction for a similar offense includes, but is
11 not limited to, a conviction by a federal or military
12 tribunal, including courts-martial conducted by the Armed
13 Forces of the United States, and includes a conviction in any
14 state of the United States or other jurisdiction.
15 (d) "Department" means the Department of Law
16 Enforcement.
17 (e) "Entering the county" includes being discharged
18 from a correctional facility or jail or secure treatment
19 facility within the county or being under supervision within
20 the county for the commission of a violation enumerated in
21 subsection (4).
22 (f) "Institution of higher education" means a
23 community college, state university, or independent
24 postsecondary institution.
25 (g)(f) "Permanent residence" means a place where the
26 person abides, lodges, or resides for 14 or more consecutive
27 days.
28 (h)(g) "Temporary residence" means a place where the
29 person abides, lodges, or resides for a period of 14 or more
30 days in the aggregate during any calendar year and which is
31 not the person's permanent address; for a person whose
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1 permanent residence is not in this state, a place where the
2 person is employed, practices a vocation, or is enrolled as a
3 student for any period of time in this state; or a place where
4 the person routinely abides, lodges, or resides for a period
5 of 4 or more consecutive or nonconsecutive days in any month
6 and which is not the person's permanent residence, including
7 any out-of-state address.
8 (6) REGISTRATION.--
9 (a) A sexual predator must register with the
10 department by providing the following information to the
11 department:
12 1. Name, social security number, age, race, sex, date
13 of birth, height, weight, hair and eye color, photograph,
14 address of legal residence and address of any current
15 temporary residence, within the state or out of state,
16 including a rural route address and a post office box, date
17 and place of any employment, date and place of each
18 conviction, fingerprints, and a brief description of the crime
19 or crimes committed by the offender. A post office box shall
20 not be provided in lieu of a physical residential address. If
21 the sexual predator's place of residence is a motor vehicle,
22 trailer, mobile home, or manufactured home, as defined in
23 chapter 320, the sexual predator shall also provide to the
24 department written notice of the vehicle identification
25 number; the license tag number; the registration number; and a
26 description, including color scheme, of the motor vehicle,
27 trailer, mobile home, or manufactured home. If a sexual
28 predator's place of residence is a vessel, live-aboard vessel,
29 or houseboat, as defined in chapter 327, the sexual predator
30 shall also provide to the department written notice of the
31 hull identification number; the manufacturer's serial number;
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1 the name of the vessel, live-aboard vessel, or houseboat; the
2 registration number; and a description, including color
3 scheme, of the vessel, live-aboard vessel, or houseboat. If
4 the sexual predator is enrolled at, employed by, or carries on
5 a vocation at an institution of higher education in this
6 state, the sexual predator shall provide to the department the
7 name, address, and county of the institution, including the
8 name of the campus, and his or her enrollment status or
9 employment position. The sexual predator must report in person
10 to the sheriff's office, or the Department of Corrections if
11 the sexual predator is in the custody or control of or under
12 the supervision of the Department of Corrections, within 48
13 hours after the sexual predator commences or terminates
14 enrollment or employment at the institution of higher
15 education. The sheriff or the Department of Corrections shall
16 promptly notify an institution of higher education if a sexual
17 predator commences or terminates enrollment or employment at
18 that institution.
19 2. Any other information determined necessary by the
20 department, including criminal and corrections records;
21 nonprivileged personnel and treatment records; and evidentiary
22 genetic markers when available.
23 (b) If the sexual predator is in the custody or
24 control of, or under the supervision of, the Department of
25 Corrections, or is in the custody of a private correctional
26 facility, the sexual predator must register with the
27 Department of Corrections. The Department of Corrections shall
28 provide to the department registration information and the
29 location of, and local telephone number for, any Department of
30 Corrections office that is responsible for supervising the
31 sexual predator. In addition, the Department of Corrections
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1 shall notify the department if the sexual predator escapes or
2 absconds from custody or supervision or if the sexual predator
3 dies.
4 (c) If the sexual predator is in the custody of a
5 local jail, the custodian of the local jail shall register the
6 sexual predator and forward the registration information to
7 the department. The custodian of the local jail shall also
8 take a digitized photograph of the sexual predator while the
9 sexual predator remains in custody and shall provide the
10 digitized photograph to the department. The custodian shall
11 notify the department if the sexual predator escapes from
12 custody or dies.
13 (d) If the sexual predator is under federal
14 supervision, the federal agency responsible for supervising
15 the sexual predator may forward to the department any
16 information regarding the sexual predator which is consistent
17 with the information provided by the Department of Corrections
18 under this section, and may indicate whether use of the
19 information is restricted to law enforcement purposes only or
20 may be used by the department for purposes of public
21 notification.
22 (e) If the sexual predator is not in the custody or
23 control of, or under the supervision of, the Department of
24 Corrections, or is not in the custody of a private
25 correctional facility, and establishes or maintains a
26 residence in the state, the sexual predator shall register in
27 person at an office of the department, or at the sheriff's
28 office in the county in which the predator establishes or
29 maintains a residence, within 48 hours after establishing
30 permanent or temporary residence in this state. After a sexual
31 predator has registered in person at an office of the
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1 department or a sheriff's office, the sexual predator must
2 report any change of his or her permanent or temporary place
3 of residence and any change in his or her name in the manner
4 provided in paragraph (g), paragraph (i), or paragraph (j).
5 If a sexual predator registers with the sheriff's office, the
6 sheriff shall take a photograph and a set of fingerprints of
7 the predator and promptly forward the photographs and
8 fingerprints to the department, along with the information
9 that the predator is required to provide pursuant to this
10 section.
11 (f) Within 48 hours after the registration required
12 under paragraph (a) or paragraph (e), a sexual predator who is
13 not incarcerated and who resides in the community, including a
14 sexual predator under the supervision of the Department of
15 Corrections, shall register in person at a driver's license
16 office of the Department of Highway Safety and Motor Vehicles
17 and shall present proof of registration. At the driver's
18 license office the sexual predator shall:
19 1. If otherwise qualified, secure a Florida driver's
20 license, renew a Florida driver's license, or secure an
21 identification card. The sexual predator shall identify
22 himself or herself as a sexual predator who is required to
23 comply with this section, provide his or her place of
24 permanent or temporary residence, including a rural route
25 address and a post office box, and submit to the taking of a
26 photograph for use in issuing a driver's license, renewed
27 license, or identification card, and for use by the department
28 in maintaining current records of sexual predators. A post
29 office box shall not be provided in lieu of a physical
30 residential address. If the sexual predator's place of
31 residence is a motor vehicle, trailer, mobile home, or
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1 manufactured home, as defined in chapter 320, the sexual
2 predator shall also provide to the Department of Highway
3 Safety and Motor Vehicles the vehicle identification number;
4 the license tag number; the registration number; and a
5 description, including color scheme, of the motor vehicle,
6 trailer, mobile home, or manufactured home. If a sexual
7 predator's place of residence is a vessel, live-aboard vessel,
8 or houseboat, as defined in chapter 327, the sexual predator
9 shall also provide to the Department of Highway Safety and
10 Motor Vehicles the hull identification number; the
11 manufacturer's serial number; the name of the vessel,
12 live-aboard vessel, or houseboat; the registration number; and
13 a description, including color scheme, of the vessel,
14 live-aboard vessel, or houseboat.
15 2. Pay the costs assessed by the Department of Highway
16 Safety and Motor Vehicles for issuing or renewing a driver's
17 license or identification card as required by this section.
18 3. Provide, upon request, any additional information
19 necessary to confirm the identity of the sexual predator,
20 including a set of fingerprints.
21 (g) Each time a sexual predator's driver's license or
22 identification card is subject to renewal, and within 48 hours
23 after any change of the predator's residence or change in the
24 predator's name by reason of marriage or other legal process,
25 the predator shall report in person to a driver's license
26 office, and shall be subject to the requirements specified in
27 paragraph (f). The Department of Highway Safety and Motor
28 Vehicles shall forward to the department and to the Department
29 of Corrections all photographs and information provided by
30 sexual predators. Notwithstanding the restrictions set forth
31 in s. 322.142, the Department of Highway Safety and Motor
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1 Vehicles is authorized to release a reproduction of a
2 color-photograph or digital-image license to the Department of
3 Law Enforcement for purposes of public notification of sexual
4 predators as provided in this section.
5 (h) If the sexual predator registers at an office of
6 the department, the department must notify the sheriff and the
7 state attorney of the county and, if applicable, the police
8 chief of the municipality, where the sexual predator maintains
9 a residence within 48 hours after the sexual predator
10 registers with the department.
11 (i) A sexual predator who intends to establish
12 residence in another state or jurisdiction shall report in
13 person to the sheriff of the county of current residence or
14 the department within 48 hours before the date he or she
15 intends to leave this state to establish residence in another
16 state or jurisdiction. The sexual predator must provide to the
17 sheriff or department the address, municipality, county, and
18 state of intended residence. The sheriff shall promptly
19 provide to the department the information received from the
20 sexual predator. The department shall notify the statewide law
21 enforcement agency, or a comparable agency, in the intended
22 state or jurisdiction of residence of the sexual predator's
23 intended residence. The failure of a sexual predator to
24 provide his or her intended place of residence is punishable
25 as provided in subsection (10).
26 (j) A sexual predator who indicates his or her intent
27 to reside in another state or jurisdiction and later decides
28 to remain in this state shall, within 48 hours after the date
29 upon which the sexual predator indicated he or she would leave
30 this state, report in person to the sheriff or the department,
31 whichever agency is the agency to which the sexual predator
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1 reported the intended change of residence, of his or her
2 intent to remain in this state. If the sheriff is notified by
3 the sexual predator that he or she intends to remain in this
4 state, the sheriff shall promptly report this information to
5 the department. A sexual predator who reports his or her
6 intent to reside in another state or jurisdiction, but who
7 remains in this state without reporting to the sheriff or the
8 department in the manner required by this paragraph, commits a
9 felony of the second degree, punishable as provided in s.
10 775.082, s. 775.083, or s. 775.084.
11 (k)1. The department is responsible for the on-line
12 maintenance of current information regarding each registered
13 sexual predator. The department must maintain hotline access
14 for state, local, and federal law enforcement agencies to
15 obtain instantaneous locator file and offender characteristics
16 information on all released registered sexual predators for
17 purposes of monitoring, tracking, and prosecution. The
18 photograph and fingerprints do not have to be stored in a
19 computerized format.
20 2. The department's sexual predator registration list,
21 containing the information described in subparagraph (a)1., is
22 a public record. The department is authorized to disseminate
23 this public information by any means deemed appropriate,
24 including operating a toll-free telephone number for this
25 purpose. When the department provides information regarding a
26 registered sexual predator to the public, department personnel
27 must advise the person making the inquiry that positive
28 identification of a person believed to be a sexual predator
29 cannot be established unless a fingerprint comparison is made,
30 and that it is illegal to use public information regarding a
31
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1 registered sexual predator to facilitate the commission of a
2 crime.
3 3. The department shall adopt guidelines as necessary
4 regarding the registration of sexual predators and the
5 dissemination of information regarding sexual predators as
6 required by this section.
7 (l) A sexual predator must maintain registration with
8 the department for the duration of his or her life, unless the
9 sexual predator has received a full pardon or has had a
10 conviction set aside in a postconviction proceeding for any
11 offense that met the criteria for the sexual predator
12 designation. However, a sexual predator who was designated as
13 a sexual predator by a court before October 1, 1998, and who
14 has been lawfully released from confinement, supervision, or
15 sanction, whichever is later, for at least 10 years and has
16 not been arrested for any felony or misdemeanor offense since
17 release, may petition the criminal division of the circuit
18 court in the circuit in which the sexual predator resides for
19 the purpose of removing the sexual predator designation. A
20 sexual predator who was designated a sexual predator by a
21 court on or after October 1, 1998, who has been lawfully
22 released from confinement, supervision, or sanction, whichever
23 is later, for at least 20 years, and who has not been arrested
24 for any felony or misdemeanor offense since release may
25 petition the criminal division of the circuit court in the
26 circuit in which the sexual predator resides for the purpose
27 of removing the sexual predator designation. The court may
28 grant or deny such relief if the petitioner demonstrates to
29 the court that he or she has not been arrested for any crime
30 since release, the requested relief complies with the
31 provisions of the federal Jacob Wetterling Act, as amended,
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1 and any other federal standards applicable to the removal of
2 the designation as a sexual predator or required to be met as
3 a condition for the receipt of federal funds by the state, and
4 the court is otherwise satisfied that the petitioner is not a
5 current or potential threat to public safety. The state
6 attorney in the circuit in which the petition is filed must be
7 given notice of the petition at least 3 weeks before the
8 hearing on the matter. The state attorney may present evidence
9 in opposition to the requested relief or may otherwise
10 demonstrate the reasons why the petition should be denied. If
11 the court denies the petition, the court may set a future date
12 at which the sexual predator may again petition the court for
13 relief, 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 Section 2. Subsection (3) of section 775.24, Florida
25 Statutes, is amended to read:
26 775.24 Duty of the court to uphold laws governing
27 sexual predators and sexual offenders.--
28 (3) If the court enters an order that affects an
29 agency's performance of a duty imposed under the laws
30 governing sexual predators or sexual offenders, or that limits
31 the agency's exercise of authority conferred under such laws,
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1 the Legislature strongly encourages the affected agency to
2 file a motion in the court that entered such order. The
3 affected agency may, within 1 year 60 days after the receipt
4 of any such order, move to modify or set aside the order or,
5 if such order is in the nature of an injunction, move to
6 dissolve the injunction. Grounds for granting any such motion
7 include, but need not be limited to:
8 (a) The affected agency was not properly noticed.
9 (b) The court is not authorized to enjoin the
10 operation of a statute that has been duly adjudged
11 constitutional and operative unless the statute is illegally
12 applied or unless the statute or the challenged part of it is
13 unconstitutional on adjudicated grounds.
14 (c) Jurisdiction may not be conferred by consent of
15 the parties.
16 (d) To the extent that the order is based upon actions
17 the agency might take, the court's order is premature and, if
18 and when such actions are taken, these actions may be
19 challenged in appropriate proceedings to determine their
20 enforceability.
21 (e) The injunction affects the public interest and
22 would cause injury to the public.
23 (f) The order creates an unenforceable, perpetual
24 injunction.
25 (g) The order seeks to restrict the agency in the
26 performance of its duties outside the court's territorial
27 jurisdiction.
28 Section 3. Section 943.0434, Florida Statutes, is
29 created to read:
30 943.0434 Legislative findings.--The Legislature finds
31 that sexual offenders, especially those who have committed
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1 their offenses against minors, often pose a high risk of
2 engaging in sexual offenses, even after being released from
3 incarceration or commitment, and that protection of the public
4 from sexual offenders is a paramount government interest.
5 Sexual offenders have a reduced expectation of privacy because
6 of the public's interest in public safety and in the effective
7 operation of government. Releasing information concerning
8 sexual offenders to law enforcement agencies and to persons
9 who request such information, and the release of such
10 information to the public by a law enforcement agency or
11 public agency, will further the governmental interests of
12 public safety. The designation of a person as a sexual
13 offender is not a sentence or a punishment, but is simply the
14 status of the offender which is the result of a conviction for
15 having committed certain crimes.
16 Section 4. Subsections (1), (2), and (11) of section
17 943.0435, Florida Statutes, are amended, and subsection (12)
18 is added to that section, to read:
19 943.0435 Sexual offenders required to register with
20 the department; penalty.--
21 (1) As used in this section, the term:
22 (a) "Sexual offender" means a person who has been:
23 1. Has been convicted of committing, or attempting,
24 soliciting, or conspiring to commit, any of the criminal
25 offenses proscribed in the following statutes in this state or
26 similar offenses in another jurisdiction: s. 787.01, s.
27 787.02, or s. 787.025, where the victim is a minor and the
28 defendant is not the victim's parent; chapter 794, excluding
29 ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
30 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145;
31 or any similar offense committed in this state which has been
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1 redesignated from a former statute number to one of those
2 listed in this subparagraph;.
3 2. Has been released on or after October 1, 1997, from
4 the sanction imposed for any conviction of an offense
5 described in subparagraph 1. For purposes of subparagraph 1.,
6 a sanction imposed in this state or in any other jurisdiction
7 includes, but is not limited to, a fine, probation, community
8 control, parole, conditional release, control release, or
9 incarceration in a state prison, federal prison, private
10 correctional facility, or local detention facility;.
11 3. Establishes or maintains a residence in this state
12 and has not been designated as a sexual predator by a court of
13 this state but has been designated as a sexual predator, a
14 sexually violent predator, or any other type of sexual
15 offender in another state or jurisdiction and, as a result of
16 such designation, was subject to registration or community or
17 public notification, or both, or would be subject to such
18 registration or public notification if the person were a
19 resident of that state or jurisdiction; or
20 4. Establishes or maintains a residence in this state
21 and is under the supervision of any other state or
22 jurisdiction as a result of a conviction for committing, or
23 attempting, soliciting, or conspiring to commit, any offense
24 of the other state or jurisdiction which is similar to: s.
25 787.01, s. 787.02, or s. 787.025, where the victim is a minor
26 and the defendant is not the victim's parent; chapter 794,
27 excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04;
28 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
29 847.0145; or any similar offense that has been redesignated
30 from a former statute number to one of those listed in this
31 subparagraph.
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1 (b) "Convicted" means that there has been a
2 determination of guilt as a result of a trial or the entry of
3 a plea of guilty or nolo contendere, regardless of whether
4 adjudication is withheld. Conviction of a similar offense
5 includes, but is not limited to, a conviction by a federal or
6 military tribunal, including courts-martial conducted by the
7 Armed Forces of the United States, and includes a conviction
8 in any state of the United States or other jurisdiction.
9 (c) "Permanent residence" and "temporary residence"
10 have the same meaning ascribed in s. 775.21.
11 (d) "Institution of higher education" means a
12 community college, state university, or independent
13 postsecondary institution.
14 (2)(a) A sexual offender shall report in person at an
15 office of the department, or at the sheriff's office in the
16 county in which the offender establishes or maintains a
17 permanent or temporary residence, within 48 hours after
18 establishing permanent or temporary residence in this state or
19 within 48 hours after being released from the custody,
20 control, or supervision of the Department of Corrections or
21 from the custody of a private correctional facility. After a
22 sexual offender has registered in person at an office of the
23 department or a sheriff's office, the sexual predator must
24 report any change of his or her permanent or temporary place
25 of residence and any change in his or her name in the manner
26 provided in subsection (4), subsection (7), or subsection (8).
27 (b) The sexual offender shall provide his or her name,
28 date of birth, social security number, race, sex, height,
29 weight, hair and eye color, tattoos or other identifying
30 marks, occupation and place of employment, address of
31 permanent or legal residence or address of any current
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1 temporary residence, within the state and out of state,
2 including a rural route address and a post office box, date
3 and place of each conviction, and a brief description of the
4 crime or crimes committed by the offender. A post office box
5 shall not be provided in lieu of a physical residential
6 address.
7 1. If the sexual offender's place of residence is a
8 motor vehicle, trailer, mobile home, or manufactured home, as
9 defined in chapter 320, the sexual offender shall also provide
10 to the department written notice of the vehicle identification
11 number; the license tag number; the registration number; and a
12 description, including color scheme, of the motor vehicle,
13 trailer, mobile home, or manufactured home. If the sexual
14 offender's place of residence is a vessel, live-aboard vessel,
15 or houseboat, as defined in chapter 327, the sexual offender
16 shall also provide to the department written notice of the
17 hull identification number; the manufacturer's serial number;
18 the name of the vessel, live-aboard vessel, or houseboat; the
19 registration number; and a description, including color
20 scheme, of the vessel, live-aboard vessel, or houseboat.
21 2. If the sexual offender is enrolled at, employed by,
22 or carries on a vocation at an institution of higher education
23 in this state, the sexual offender shall provide to the
24 department the name, address, and county of the institution,
25 including the name of the campus, and his or her enrollment
26 status or employment position. The sexual offender must report
27 in person to the sheriff's office, or the Department of
28 Corrections if the sexual offender is in the custody or
29 control of or under the supervision of the Department of
30 Corrections, within 48 hours after the sexual offender
31 commences or terminates enrollment or employment at the
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1 institution of higher education. The sheriff or the Department
2 of Corrections shall promptly notify an institution of higher
3 education if a sexual offender commences or terminates
4 enrollment or employment at that institution. If a sexual
5 offender reports at the sheriff's office, the sheriff shall
6 take a photograph and a set of fingerprints of the offender
7 and promptly forward the photographs and fingerprints to the
8 department, along with the information provided by the sexual
9 offender.
10 (11) A sexual offender must maintain registration with
11 the department for the duration of his or her life, unless the
12 sexual offender has received a full pardon or has had a
13 conviction set aside in a postconviction proceeding for any
14 offense that meets the criteria for classifying the person as
15 a sexual offender for purposes of registration. However, a
16 sexual offender:
17 (a) Who has been lawfully released from confinement,
18 supervision, or sanction, whichever is later, for at least 20
19 years and has not been arrested for any felony or misdemeanor
20 offense since release; or
21 (b) Who was 18 years of age or under at the time the
22 offense was committed, the victim was 12 years of age or
23 older, and adjudication was withheld for that offense, who has
24 been released from all sanctions, who has had 10 years elapse
25 since having been placed on probation, and who has not been
26 arrested for any felony or misdemeanor offense since the date
27 of conviction for the qualifying offense, release
28
29 may petition the criminal division of the circuit court of the
30 circuit in which the sexual offender resides for the purpose
31 of removing the requirement for registration as a sexual
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1 offender. The court may grant or deny such relief if the
2 offender demonstrates to the court that he or she has not been
3 arrested for any crime since release; the requested relief
4 complies with the provisions of the federal Jacob Wetterling
5 Act, as amended, and any other federal standards applicable to
6 the removal of registration requirements for a sexual offender
7 or required to be met as a condition for the receipt of
8 federal funds by the state; and the court is otherwise
9 satisfied that the offender is not a current or potential
10 threat to public safety. The state attorney in the circuit in
11 which the petition is filed must be given notice of the
12 petition at least 3 weeks before the hearing on the matter.
13 The state attorney may present evidence in opposition to the
14 requested relief or may otherwise demonstrate the reasons why
15 the petition should be denied. If the court denies the
16 petition, the court may set a future date at which the sexual
17 offender may again petition the court for relief, subject to
18 the standards for relief provided in this subsection. The
19 department shall remove an offender from classification as a
20 sexual offender for purposes of registration if the offender
21 provides to the department a certified copy of the court's
22 written findings or order that indicates that the offender is
23 no longer required to comply with the requirements for
24 registration as a sexual offender.
25 (12) A sexual offender, as defined in subparagraph
26 (1)(a)3., must maintain registration with the department for
27 the duration of his or her life or, if the offender does not
28 meet the criteria for registration as a sexual offender under
29 the laws of this state, until the offender provides the
30 department with an order issued by the court that designated
31 the person as a sexual predator, as a sexually violent
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1 predator, or by any other type of sexual offender in the state
2 or jurisdiction in which that order was issued. The order must
3 state that the offender's designation has been removed or that
4 such designation, if not imposed by a court, has been removed
5 by operation of law or court order in the state or
6 jurisdiction in which the designation was made.
7 Section 5. Section 943.0436, Florida Statutes, is
8 created to read:
9 943.0436 Duty of the court to uphold laws governing
10 sexual predators and sexual offenders.--
11 (1) The Legislature finds that, for the purpose of
12 approving a plea agreement or for other reasons, certain
13 courts enter orders that effectively limit or nullify
14 requirements imposed upon sexual predators and sexual
15 offenders pursuant to the laws of this state and prevent
16 persons or entities from carrying out the duties imposed, or
17 exercising the authority conferred, by such laws. The laws
18 relating to sexual predators and sexual offenders are
19 substantive laws. Furthermore, the Congress of the United
20 States has expressly encouraged every state to enact such
21 laws, and has provided that, to the extent that a state's laws
22 do not meet certain federal requirements, the state will lose
23 significant federal funding provided to the state for law
24 enforcement and public-safety programs. Unless a court that
25 enters such an order determines that a person or entity is not
26 operating in accordance with the laws governing sexual
27 predators or sexual offenders, or that such laws or any part
28 of such laws are unconstitutional or unconstitutionally
29 applied, the court unlawfully encroaches on the Legislature's
30 exclusive power to make laws and places at risk significant
31 public interests of the state.
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1 (2) If a person meets the criteria in chapter 775 for
2 designation as a sexual predator or meets the criteria in s.
3 943.0435, s. 944.606, s. 944.607, or any other law for
4 classification as a sexual offender, the court may not enter
5 an order, for the purpose of approving a plea agreement or for
6 any other reason, which:
7 (a) Exempts a person who meets the criteria for
8 designation as a sexual predator or classification as a sexual
9 offender from such designation or classification or exempts
10 such person from the requirements for registration or
11 community and public notification imposed upon sexual
12 predators and sexual offenders;
13 (b) Restricts the compiling, reporting, or release of
14 public records information that relates to sexual predators or
15 sexual offenders; or
16 (c) Prevents any person or entity from performing its
17 duties or operating within its statutorily conferred authority
18 as such duty or authority relates to sexual predators or
19 sexual offenders.
20 (3) If the court enters an order that affects an
21 agency's performance of a duty imposed under the laws
22 governing sexual predators or sexual offenders or that limits
23 the agency's exercise of authority conferred under such laws,
24 the Legislature strongly encourages the affected agency to
25 file a motion in the court that entered such order. The
26 affected agency may, within 1 year after the receipt of any
27 such order, move to modify or set aside the order or, if such
28 order is in the nature of an injunction, move to dissolve the
29 injunction. Grounds for granting any such motion include, but
30 need not be limited to:
31 (a) The affected agency was not properly noticed.
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1 (b) The court is not authorized to enjoin the
2 operation of a statute that has been duly adjudged
3 constitutional and operative unless the statute is illegally
4 applied or unless the statute or the challenged part of it is
5 unconstitutional on adjudicated grounds.
6 (c) Jurisdiction may not be conferred by consent of
7 the parties.
8 (d) To the extent that the order is based upon actions
9 the agency might take, the court's order is premature and, if
10 and when such actions are taken, these actions may be
11 challenged in appropriate proceedings to determine their
12 enforceability.
13 (e) The injunction affects the public interest and
14 would cause injury to the public.
15 (f) The order creates an unenforceable, perpetual
16 injunction.
17 (g) The order seeks to restrict the agency in the
18 performance of its duties outside the court's territorial
19 jurisdiction.
20 Section 6. Paragraph (b) of subsection (1) of section
21 944.606, Florida Statutes, is amended to read:
22 944.606 Sexual offenders; notification upon release.--
23 (1) As used in this section:
24 (b) "Sexual offender" means a person who has been
25 convicted of committing, or attempting, soliciting, or
26 conspiring to commit, any of the criminal offenses proscribed
27 in the following statutes in this state or similar offenses in
28 another jurisdiction: s. 787.01, s. 787.02, or s. 787.025,
29 where the victim is a minor and the defendant is not the
30 victim's parent; chapter 794, excluding ss. 794.011(10) and
31 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
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1 847.0133; s. 847.0135; s. 847.0137; s. 847.0145; or any
2 similar offense committed in this state which has been
3 redesignated from a former statute number to one of those
4 listed in this subsection, when the department has received
5 verified information regarding such conviction; an offender's
6 computerized criminal history record is not, in and of itself,
7 verified information.
8 Section 7. Subsections (1) and (4) of section 944.607,
9 Florida Statutes, are amended to read:
10 944.607 Notification to Department of Law Enforcement
11 of information on sexual offenders.--
12 (1) As used in this section, the term:
13 (a) "Sexual offender" means a person who:
14 1. Is in the custody or control of, or under the
15 supervision of, the department or is in the custody of a
16 private correctional facility on or after October 1, 1997, as
17 a result of a conviction for committing, or attempting,
18 soliciting, or conspiring to commit, any of the criminal
19 offenses proscribed in the following statutes in this state or
20 similar offenses in another jurisdiction: s. 787.01, s.
21 787.02, or s. 787.025, where the victim is a minor and the
22 defendant is not the victim's parent; chapter 794, excluding
23 ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
24 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0145;
25 or any similar offense committed in this state which has been
26 redesignated from a former statute number to one of those
27 listed in this paragraph; or.
28 2. Is under the supervision of the department and who
29 establishes or maintains a residence in this state and who has
30 not been designated as a sexual offender or sexual predator by
31 a court of this state but has been designated as a sexual
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1 predator, a sexually violent predator, or any other type of
2 sexual offender by another state or jurisdiction and, as a
3 result of such designation, was subject to registration or
4 community or public notification, or both, or would be subject
5 to such registration or public notification if the person were
6 a resident of that state or jurisdiction.
7 (b) "Conviction" means a determination of guilt which
8 is the result of a trial or the entry of a plea of guilty or
9 nolo contendere, regardless of whether adjudication is
10 withheld. Conviction of a similar offense includes, but is not
11 limited to, a conviction by a federal or military tribunal,
12 including courts-martial conducted by the Armed Forces of the
13 United States, and includes a conviction in any state of the
14 United States or other jurisdiction.
15 (c) "Institution of higher education" means a
16 community college, state university, or independent
17 postsecondary institution.
18 (4)(a) A sexual offender, as described in this
19 section, who is under the supervision of the Department of
20 Corrections but is not incarcerated must register with the
21 Department of Corrections and provide the following
22 information: name; date of birth; social security number;
23 race; sex; height; weight; hair and eye color; tattoos or
24 other identifying marks; and permanent or legal residence and
25 address of temporary residence within the state or out of
26 state while the sexual offender is under supervision in this
27 state, including any rural route address or post office box.
28 The Department of Corrections shall verify the address of each
29 sexual offender in the manner described in ss. 775.21 and
30 943.0435.
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1 (b) If the sexual offender is enrolled at, employed
2 by, or carries on a vocation at an institution of higher
3 education in this state, the sexual offender shall provide to
4 the Department of Corrections the name, address, and county of
5 the institution, including the name of the campus, and his or
6 her enrollment status or employment position. The sexual
7 predator must report to the department within 48 hours after
8 the sexual offender commences or terminates enrollment or
9 employment at the institution of higher education. The
10 department shall promptly notify an institution of higher
11 education if a sexual offender commences or terminates
12 enrollment or employment at that institution.
13 Section 8. This act shall take effect October 1, 2002.
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16 SENATE SUMMARY
17 Requires that a sexual predator or sexual offender who is
enrolled at or employed by an institution of higher
18 education to report to the sheriff, the Department of Law
Enforcement, or the Department of Corrections, as
19 appropriate. Requires that a sexual predator report upon
terminating enrollment or employment. Requires that the
20 sheriff or Department of Corrections notify an
institution of higher education where a sexual predator
21 commences or terminates enrollment or employment.
Increases from 60 days to 1 year the period during which
22 a state agency may petition the court to set aside or
modify an order or injunction that affects the agency's
23 performance of a duty imposed under laws governing sexual
predators or sexual offenders. Redefines the term "sexual
24 offender" to include an offender who has been designated
as a sexual predator or sexual offender in another state
25 or jurisdiction or who is under the supervision of
another state or jurisdiction as the result of a
26 conviction for certain specified offenses. Revises
conditions under which a sexual offender may petition the
27 court for removing the requirement for registration.
Redefines the term "sexual offender" to include a person
28 convicted of committing, or attempting, soliciting, or
conspiring to commit, the offense of transmitting
29 pornography by electronic device or equipment. (See bill
for details.)
30
31
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