House Bill hb0841

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




    Florida House of Representatives - 2002                 HB 841

        By Representative Bowen






  1                      A bill to be entitled

  2         An act relating to sexual predators and sexual

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

  4         the terms "institution of higher education" and

  5         "change in enrollment or employment status" for

  6         the purposes of the Florida Sexual Predators

  7         Act; providing additional registration

  8         requirements with respect to sexual predators

  9         who are enrolled, employed, or carrying on a

10         vocation at an institution of higher education;

11         providing requirements with respect to changes

12         in the name or residence of a sexual predator;

13         requiring the sheriff to promptly provide to

14         the Department of Law Enforcement certain

15         information received from the sexual predator;

16         amending s. 775.24, F.S.; increasing a time

17         period for an agency to move to modify or set

18         aside certain orders or injunctions with

19         respect to an agency's performance of a duty

20         imposed under the laws governing sexual

21         predators or sexual offenders; amending s.

22         943.0435, F.S.; redefining the term "sexual

23         offender"; defining the terms "institution of

24         higher education" and "change in enrollment or

25         employment status"; providing requirements with

26         respect to changes in the sexual offender's

27         residence or name; providing additional

28         registration requirements with respect to

29         sexual offenders who are enrolled, employed, or

30         carrying on a vocation at an institution of

31         higher education; requiring the sheriff to

                                  1

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1         provide certain information; revising

  2         provisions relating to sexual offenders who may

  3         petition for removal of registration

  4         requirements; providing legislative findings;

  5         creating s. 943.0436, F.S.; providing for the

  6         duty of the court to uphold laws governing

  7         sexual predators and sexual offenders; amending

  8         s. 944.606, F.S.; including a cross reference

  9         within the definition of the term "sexual

10         offender"; amending s. 944.607, F.S.;

11         redefining the term "sexual offender"; defining

12         the terms "institution of higher education" and

13         "change in enrollment or employment status";

14         providing additional registration requirements

15         with respect to sexual offenders who are

16         enrolled, employed, or carrying on a vocation

17         at an institution of higher education;

18         providing an effective date.

19

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

21

22         Section 1.  Subsections (2) and (6) of section 775.21,

23  Florida Statutes, are amended to read:

24         775.21  The Florida Sexual Predators Act; definitions;

25  legislative findings, purpose, and intent; criteria;

26  designation; registration; community and public notification;

27  immunity; penalties.--

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

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

30  officer of a municipality.

31

                                  2

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






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

  2  predator lives or otherwise establishes or maintains a

  3  temporary or permanent residence.

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

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

  6  nolo contendere, regardless of whether adjudication is

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

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

  9  tribunal, including courts-martial conducted by the Armed

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

11  state of the United States or other jurisdiction.

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

13  Enforcement.

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

15  from a correctional facility or jail or secure treatment

16  facility within the county or being under supervision within

17  the county for the commission of a violation enumerated in

18  subsection (4).

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

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

21  days.

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

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

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

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

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

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

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

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

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

31

                                  3

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






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

  2  any out-of-state address.

  3         (h)  "Institution of higher education" means a

  4  community college, state university, or independent

  5  postsecondary institution.

  6         (i)  "Change in enrollment or employment status" means

  7  the commencement or termination of enrollment or employment.

  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.

21         a.  If the sexual predator's place of residence is a

22  motor vehicle, trailer, mobile home, or manufactured home, as

23  defined in chapter 320, the sexual predator shall also provide

24  to the 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;

                                  4

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  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.

  4         b.  If the sexual predator is enrolled, employed, or

  5  carrying on a vocation at an institution of higher education

  6  in this state, the sexual predator shall also provide to the

  7  department the name, address, and county of each institution,

  8  including each campus attended, and the sexual predator's

  9  enrollment or employment status. Each change in enrollment or

10  employment status shall be reported in person at the sheriff's

11  office, or the Department of Corrections if the sexual

12  predator is in the custody or control of or under the

13  supervision of the Department of Corrections, within 48 hours

14  after any change in status. The sheriff or the Department of

15  Corrections shall promptly notify each institution of the

16  sexual predator's presence and any change in the sexual

17  predator's enrollment or employment status.

18         2.  Any other information determined necessary by the

19  department, including criminal and corrections records;

20  nonprivileged personnel and treatment records; and evidentiary

21  genetic markers when available.

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

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

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

25  facility, the sexual predator must register with the

26  Department of Corrections. The Department of Corrections shall

27  provide to the department registration information and the

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

29  Corrections office that is responsible for supervising the

30  sexual predator. In addition, the Department of Corrections

31  shall notify the department if the sexual predator escapes or

                                  5

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  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 register in

26  person at an office of the department, or at the sheriff's

27  office in the county in which the predator establishes or

28  maintains a residence, within 48 hours after establishing

29  permanent or temporary residence in this state. Any change in

30  the sexual predator's permanent or temporary residence or

31  name, after the sexual predator registers in person at an

                                  6

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  office of the department or at the sheriff's office, shall be

  2  accomplished in the manner provided in paragraphs (g), (i),

  3  and (j). If a sexual predator registers with the sheriff's

  4  office, the sheriff shall take a photograph and a set of

  5  fingerprints of the predator and forward the photographs and

  6  fingerprints to the department, along with the information

  7  that the predator is required to provide pursuant to this

  8  section.

  9         (f)  Within 48 hours after the registration required

10  under paragraph (a) or paragraph (e), a sexual predator who is

11  not incarcerated and who resides in the community, including a

12  sexual predator under the supervision of the Department of

13  Corrections, shall register in person at a driver's license

14  office of the Department of Highway Safety and Motor Vehicles

15  and shall present proof of registration. At the driver's

16  license office the sexual predator shall:

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

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

19  identification card. The sexual predator shall identify

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

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

22  permanent or temporary residence, including a rural route

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

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

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

26  in maintaining current records of sexual predators. A post

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

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

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

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

31  predator shall also provide to the Department of Highway

                                  7

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  Safety and Motor Vehicles the vehicle identification number;

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

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

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

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

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

  7  shall also provide to the Department of Highway Safety and

  8  Motor Vehicles the hull identification number; the

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

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

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

12  live-aboard vessel, or houseboat.

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

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

15  license or identification card as required by this section.

16         3.  Provide, upon request, any additional information

17  necessary to confirm the identity of the sexual predator,

18  including a set of fingerprints.

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

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

21  after any change of the predator's residence or change in the

22  predator's name by reason of marriage or other legal process,

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

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

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

26  Vehicles shall forward to the department and to the Department

27  of Corrections all photographs and information provided by

28  sexual predators. Notwithstanding the restrictions set forth

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

30  Vehicles is authorized to release a reproduction of a

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

                                  8

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  Law Enforcement for purposes of public notification of sexual

  2  predators as provided in this section.

  3         (h)  If the sexual predator registers at an office of

  4  the department, the department must notify the sheriff and the

  5  state attorney of the county and, if applicable, the police

  6  chief of the municipality, where the sexual predator maintains

  7  a residence within 48 hours after the sexual predator

  8  registers with the department.

  9         (i)  A sexual predator who intends to establish

10  residence in another state or jurisdiction shall report in

11  person to the sheriff of the county of current residence or

12  the department within 48 hours before the date he or she

13  intends to leave this state to establish residence in another

14  state or jurisdiction. The sexual predator must provide to the

15  sheriff or department the address, municipality, county, and

16  state of intended residence. The sheriff shall promptly

17  provide to the department the information received from the

18  sexual predator. The department shall notify the statewide law

19  enforcement agency, or a comparable agency, in the intended

20  state or jurisdiction of residence of the sexual predator's

21  intended residence. The failure of a sexual predator to

22  provide his or her intended place of residence is punishable

23  as provided in subsection (10).

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

25  to reside in another state or jurisdiction and later decides

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

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

28  this state, report in person to the sheriff or the department,

29  whichever agency is the agency to which the sexual predator

30  reported the intended change of residence, of his or her

31  intent to remain in this state. If the sheriff is notified by

                                  9

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  the sexual predator that he or she intends to remain in this

  2  state, the sheriff shall promptly report this information to

  3  the department. A sexual predator who reports his or her

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

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

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

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

  8  775.082, s. 775.083, or s. 775.084.

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

10  maintenance of current information regarding each registered

11  sexual predator. The department must maintain hotline access

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

13  obtain instantaneous locator file and offender characteristics

14  information on all released registered sexual predators for

15  purposes of monitoring, tracking, and prosecution. The

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

17  computerized format.

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

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

20  a public record. The department is authorized to disseminate

21  this public information by any means deemed appropriate,

22  including operating a toll-free telephone number for this

23  purpose. When the department provides information regarding a

24  registered sexual predator to the public, department personnel

25  must advise the person making the inquiry that positive

26  identification of a person believed to be a sexual predator

27  cannot be established unless a fingerprint comparison is made,

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

29  registered sexual predator to facilitate the commission of a

30  crime.

31

                                  10

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1         3.  The department shall adopt guidelines as necessary

  2  regarding the registration of sexual predators and the

  3  dissemination of information regarding sexual predators as

  4  required by this section.

  5         (l)  A sexual predator must maintain registration with

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

  7  sexual predator has received a full pardon or has had a

  8  conviction set aside in a postconviction proceeding for any

  9  offense that met the criteria for the sexual predator

10  designation. However, a sexual predator who was designated as

11  a sexual predator by a court before October 1, 1998, and who

12  has been lawfully released from confinement, supervision, or

13  sanction, whichever is later, for at least 10 years and has

14  not been arrested for any felony or misdemeanor offense since

15  release, may petition the criminal division of the circuit

16  court in the circuit in which the sexual predator resides for

17  the purpose of removing the sexual predator designation. A

18  sexual predator who was designated a sexual predator by a

19  court on or after October 1, 1998, who has been lawfully

20  released from confinement, supervision, or sanction, whichever

21  is later, for at least 20 years, and who has not been arrested

22  for any felony or misdemeanor offense since release may

23  petition the criminal division of the circuit court in the

24  circuit in which the sexual predator resides for the purpose

25  of removing the sexual predator designation. The court may

26  grant or deny such relief if the petitioner demonstrates to

27  the court that he or she has not been arrested for any crime

28  since release, the requested relief complies with the

29  provisions of the federal Jacob Wetterling Act, as amended,

30  and any other federal standards applicable to the removal of

31  the designation as a sexual predator or required to be met as

                                  11

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  a condition for the receipt of federal funds by the state, and

  2  the court is otherwise satisfied that the petitioner is not a

  3  current or potential threat to public safety. The state

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

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

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

  7  in opposition to the requested relief or may otherwise

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

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

10  at which the sexual predator may again petition the court for

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

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

13  who is granted relief under this paragraph must comply with

14  the requirements for registration as a sexual offender and

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

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

17  the order designating the petitioner as a sexual predator

18  which removes such designation, the petitioner shall forward a

19  certified copy of the written findings or order to the

20  department in order to have the sexual predator designation

21  removed from the sexual predator registry.

22

23  The sheriff shall promptly provide to the department the

24  information received from the sexual predator.

25         Section 2.  Subsection (3) of section 775.24, Florida

26  Statutes, is amended to read:

27         775.24  Duty of the court to uphold laws governing

28  sexual predators and sexual offenders.--

29         (3)  If the court enters an order that affects an

30  agency's performance of a duty imposed under the laws

31  governing sexual predators or sexual offenders, or that limits

                                  12

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  the agency's exercise of authority conferred under such laws,

  2  the Legislature strongly encourages the affected agency to

  3  file a motion in the court that entered such order. The

  4  affected agency may, within 1 year 60 days after the receipt

  5  of any such order, move to modify or set aside the order or,

  6  if such order is in the nature of an injunction, move to

  7  dissolve the injunction. Grounds for granting any such motion

  8  include, but need not be limited to:

  9         (a)  The affected agency was not properly noticed.

10         (b)  The court is not authorized to enjoin the

11  operation of a statute that has been duly adjudged

12  constitutional and operative unless the statute is illegally

13  applied or unless the statute or the challenged part of it is

14  unconstitutional on adjudicated grounds.

15         (c)  Jurisdiction may not be conferred by consent of

16  the parties.

17         (d)  To the extent that the order is based upon actions

18  the agency might take, the court's order is premature and, if

19  and when such actions are taken, these actions may be

20  challenged in appropriate proceedings to determine their

21  enforceability.

22         (e)  The injunction affects the public interest and

23  would cause injury to the public.

24         (f)  The order creates an unenforceable, perpetual

25  injunction.

26         (g)  The order seeks to restrict the agency in the

27  performance of its duties outside the court's territorial

28  jurisdiction.

29         Section 3.  Section 943.0435, Florida Statutes, is

30  amended to read:

31

                                  13

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1         943.0435  Sexual offenders required to register with

  2  the department; penalty.--

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

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

  5         1.  Has been convicted of committing, or attempting,

  6  soliciting, or conspiring to commit, any of the criminal

  7  offenses proscribed in the following statutes in this state or

  8  similar offenses in another jurisdiction: s. 787.01, s.

  9  787.02, or s. 787.025, where the victim is a minor and the

10  defendant is not the victim's parent; chapter 794, excluding

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

12  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137;

13  s. 847.0145; or any similar offense committed in this state

14  which has been redesignated from a former statute number to

15  one of those listed in this subparagraph; and.

16         2.  Has been released on or after October 1, 1997, from

17  the sanction imposed for any conviction of an offense

18  described in subparagraph 1. For purposes of subparagraph 1.,

19  a sanction imposed in this state or in any other jurisdiction

20  includes, but is not limited to, a fine, probation, community

21  control, parole, conditional release, control release, or

22  incarceration in a state prison, federal prison, private

23  correctional facility, or local detention facility; or.

24         3.  Establishes or maintains a residence in this state

25  and who has not been designated as a sexual predator by a

26  court of this state but who has been designated as a sexual

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

28  offender designation in another state or jurisdiction and was,

29  as a result of such designation, subjected to registration or

30  community or public notification, or both, or would be if the

31  person were a resident of that state or jurisdiction; or

                                  14

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1         4.  Establishes or maintains a residence in this state

  2  who is in the custody or control of, or under the supervision

  3  of, any other state or jurisdiction as a result of a

  4  conviction for committing, or attempting, soliciting, or

  5  conspiring to commit, any of the criminal offenses proscribed

  6  in the following statutes or similar offense in another

  7  jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where the

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

  9  parent; chapter 794, excluding ss. 794.011(10) and 794.0235;

10  s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.

11  847.0135; s. 847.0137; s. 847.0145; or any similar offense

12  committed in this state which has been redesignated from a

13  former statute number to one of those listed in this

14  subparagraph.

15         (b)  "Convicted" means that there has been a

16  determination of guilt as a result of a trial or the entry of

17  a plea of guilty or nolo contendere, regardless of whether

18  adjudication is withheld. Conviction of a similar offense

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

20  military tribunal, including courts-martial conducted by the

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

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

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

24  have the same meaning ascribed in s. 775.21.

25         (d)  "Institution of higher education" means a

26  community college, state university, or independent

27  postsecondary institution.

28         (e)  "Change in enrollment or employment status" means

29  the commencement or termination of enrollment or employment.

30         (2)  A sexual offender shall:

31

                                  15

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1         (a)  Report in person at an office of the department,

  2  or at the sheriff's office in the county in which the offender

  3  establishes or maintains a permanent or temporary residence,

  4  within 48 hours after establishing permanent or temporary

  5  residence in this state or within 48 hours after being

  6  released from the custody, control, or supervision of the

  7  Department of Corrections or from the custody of a private

  8  correctional facility. Any change in the sexual offender's

  9  permanent or temporary residence or name, after the sexual

10  offender reports in person at an office of the department or

11  at the sheriff's office, shall be accomplished in the manner

12  provided in subsections (4), (7), and (8).

13         (b)  The sexual offender shall Provide his or her name,

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

15  weight, hair and eye color, tattoos or other identifying

16  marks, occupation and place of employment, address of

17  permanent or legal residence or address of any current

18  temporary residence, within the state and out of state,

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

20  and place of each conviction, and a brief description of the

21  crime or crimes committed by the offender. A post office box

22  shall not be provided in lieu of a physical residential

23  address.

24         1.  If the sexual offender's place of residence is a

25  motor vehicle, trailer, mobile home, or manufactured home, as

26  defined in chapter 320, the sexual offender shall also provide

27  to the department written notice of the vehicle identification

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

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

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

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

                                  16

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






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

  2  shall also provide to the department written notice of the

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

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

  5  registration number; and a description, including color

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

  7         2.  If the sexual offender is enrolled, employed, or

  8  carrying on a vocation at an institution of higher education

  9  in this state, the sexual offender shall also provide to the

10  department the name, address, and county of each institution,

11  including each campus attended, and the sexual offender's

12  enrollment or employment status. Each change in enrollment or

13  employment status shall be reported in person at an office of

14  the department, or at the sheriff's office, within 48 hours

15  after any change in status. The sheriff shall promptly notify

16  each institution of the sexual offender's presence and any

17  change in the sexual offender's enrollment or employment

18  status.

19

20  If a sexual offender reports at the sheriff's office, the

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

22  the offender and forward the photographs and fingerprints to

23  the department, along with the information provided by the

24  sexual offender. The sheriff shall promptly provide to the

25  department the information received from the sexual offender.

26         (3)  Within 48 hours after the report required under

27  subsection (2), a sexual offender shall report in person at a

28  driver's license office of the Department of Highway Safety

29  and Motor Vehicles, unless a driver's license or

30  identification card was previously secured or updated under s.

31

                                  17

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  944.607(9). At the driver's license office the sexual offender

  2  shall:

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

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

  5  identification card. The sexual offender shall identify

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

  7  comply with this section and shall provide proof that the

  8  sexual offender reported as required in subsection (2). The

  9  sexual offender shall provide any of the information specified

10  in subsection (2), if requested. The sexual offender shall

11  submit to the taking of a photograph for use in issuing a

12  driver's license, renewed license, or identification card, and

13  for use by the department in maintaining current records of

14  sexual offenders.

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

16  Highway Safety and Motor Vehicles for issuing or renewing a

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

18  section.

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

20  necessary to confirm the identity of the sexual offender,

21  including a set of fingerprints.

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

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

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

25  residence or change in the offender's name by reason of

26  marriage or other legal process, the offender shall report in

27  person to a driver's license office, and shall be subject to

28  the requirements specified in subsection (3). The Department

29  of Highway Safety and Motor Vehicles shall forward to the

30  department all photographs and information provided by sexual

31  offenders. Notwithstanding the restrictions set forth in s.

                                  18

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  322.142, the Department of Highway Safety and Motor Vehicles

  2  is authorized to release a reproduction of a color-photograph

  3  or digital-image license to the Department of Law Enforcement

  4  for purposes of public notification of sexual offenders as

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

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

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

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

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

10  conjunction with the department, shall verify the addresses of

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

12  or supervision of the Department of Corrections in a manner

13  that is consistent with the provisions of the federal Jacob

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

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

16  condition for the receipt of federal funds by the state.

17         (7)  A sexual offender who intends to establish

18  residence in another state or jurisdiction shall report in

19  person to the sheriff of the county of current residence or

20  the department within 48 hours before the date he or she

21  intends to leave this state to establish residence in another

22  state or jurisdiction. The notification must include the

23  address, municipality, county, and state of intended

24  residence. The sheriff shall promptly provide to the

25  department the information received from the sexual offender.

26  The department shall notify the statewide law enforcement

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

28  jurisdiction of residence of the sexual offender's intended

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

30  her intended place of residence is punishable as provided in

31  subsection (9).

                                  19

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






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

  2  to reside in another state or jurisdiction and later decides

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

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

  5  this state, report in person to the sheriff or department,

  6  whichever agency is the agency to which the sexual offender

  7  reported the intended change of residence, of his or her

  8  intent to remain in this state. If the sheriff is notified by

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

10  state, the sheriff shall promptly report this information to

11  the department. A sexual offender who reports his or her

12  intent to reside in another state or jurisdiction but who

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

14  department in the manner required by this subsection commits a

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

16  775.082, s. 775.083, or s. 775.084.

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

18  requirements of this section commits a felony of the third

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

20  s. 775.084.

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

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

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

24  departments; an elected or appointed official, public

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

26  any individual or entity acting at the request or upon the

27  direction of any law enforcement agency is immune from civil

28  liability for damages for good faith compliance with the

29  requirements of this section or for the release of information

30  under this section, and shall be presumed to have acted in

31  good faith in compiling, recording, reporting, or releasing

                                  20

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  the information. The presumption of good faith is not overcome

  2  if a technical or clerical error is made by the department,

  3  the Department of Highway Safety and Motor Vehicles, the

  4  Department of Corrections, the personnel of those departments,

  5  or any individual or entity acting at the request or upon the

  6  direction of any of those departments in compiling or

  7  providing information, or if information is incomplete or

  8  incorrect because a sexual offender fails to report or falsely

  9  reports his or her current place of permanent or temporary

10  residence.

11         (11)  A sexual offender must maintain registration with

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

13  sexual offender has received a full pardon or has had a

14  conviction set aside in a postconviction proceeding for any

15  offense that meets the criteria for classifying the person as

16  a sexual offender for purposes of registration. However, a

17  sexual offender:

18         (a)  Who has been lawfully released from confinement,

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

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

21  offense since release; or

22         (b)  Who was 18 years of age or under at the time the

23  offense was committed and the victim was 12 years of age or

24  older and adjudication was withheld for that offense, who is

25  released from all sanctions, who has had 10 years elapse since

26  having been placed on probation, and who has not been arrested

27  for any felony or misdemeanor offense since the date of

28  conviction of the qualifying offense release

29

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

31  circuit in which the sexual offender resides for the purpose

                                  21

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  of removing the requirement for registration as a sexual

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

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

  4  arrested for any crime since release; the requested relief

  5  complies with the provisions of the federal Jacob Wetterling

  6  Act, as amended, and any other federal standards applicable to

  7  the removal of registration requirements for a sexual offender

  8  or required to be met as a condition for the receipt of

  9  federal funds by the state; and the court is otherwise

10  satisfied that the offender is not a current or potential

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

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

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

14  The state attorney may present evidence in opposition to the

15  requested relief or may otherwise demonstrate the reasons why

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

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

18  offender may again petition the court for relief, subject to

19  the standards for relief provided in this subsection. The

20  department shall remove an offender from classification as a

21  sexual offender for purposes of registration if the offender

22  provides to the department a certified copy of the court's

23  written findings or order that indicates that the offender is

24  no longer required to comply with the requirements for

25  registration as a sexual offender.

26         (c)  As defined in subparagraph (1)(a)3. must maintain

27  registration with the department for the duration of his or

28  her life until the person provides the department with an

29  order issued by the court that designated the person as a

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

31  sexual offender designation in the state or jurisdiction in

                                  22

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  which the order was issued which states that such designation

  2  has been removed or demonstrates to the department that such

  3  designation, if not imposed by a court, has been removed by

  4  operation of law or court order in the state or jurisdiction

  5  in which the designation was made, and provided such person no

  6  longer meets the criteria for registration as a sexual

  7  offender under the laws of this state.

  8         (12)  The Legislature finds that sexual offenders,

  9  especially those who have committed offenses against minors,

10  often pose a high risk of engaging in sexual offenses even

11  after being released from incarceration or commitment and that

12  protection of the public from sexual offenders is a paramount

13  government interest. Sexual offenders have a reduced

14  expectation of privacy because of the public's interest in

15  public safety and in the effective operation of government.

16  Releasing information concerning sexual offenders to law

17  enforcement agencies and to persons who request such

18  information, and the release of such information to the public

19  by a law enforcement agency or public agency, will further the

20  governmental interests of public safety. The designation of a

21  person as a sexual offender is not a sentence or a punishment

22  but is simply the status of the offender which is the result

23  of a conviction for having committed certain crimes.

24         Section 4.  Section 943.0436, Florida Statutes, is

25  created to read:

26         943.0436  Duty of the court to uphold laws governing

27  sexual predators and sexual offenders.--

28         (1)  The Legislature finds that, for the purpose of

29  approving a plea agreement or for other reasons, certain

30  courts enter orders that effectively limit or nullify

31  requirements imposed upon sexual predators and sexual

                                  23

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1  offenders pursuant to the laws of this state and prevent

  2  persons or entities from carrying out the duties imposed, or

  3  exercising the authority conferred, by such laws. The laws

  4  relating to sexual predators and sexual offenders are

  5  substantive law. Furthermore, the Congress of the United

  6  States has expressly encouraged every state to enact such

  7  laws, and has provided that, to the extent that a state's laws

  8  do not meet certain federal requirements, the state will lose

  9  significant federal funding provided to the state for law

10  enforcement and public safety programs. Unless a court that

11  enters such an order determines that a person or entity is not

12  operating in accordance with the laws governing sexual

13  predators or sexual offenders, or that such laws or any part

14  of such laws are unconstitutional or unconstitutionally

15  applied, the court unlawfully encroaches on the Legislature's

16  exclusive power to make laws and places at risk significant

17  public interests of the state.

18         (2)  If a person meets the criteria in chapter 775 for

19  designation as a sexual predator or meets the criteria in s.

20  943.0435, s. 944.606, s. 944.607, or any other law for

21  classification as a sexual offender, the court may not enter

22  an order, for the purpose of approving a plea agreement or for

23  any other reason, which:

24         (a)  Exempts a person who meets the criteria for

25  designation as a sexual predator or classification as a sexual

26  offender from such designation or classification, or exempts

27  such person from the requirements for registration or

28  community and public notification imposed upon sexual

29  predators and sexual offenders;

30

31

                                  24

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1         (b)  Restricts the compiling, reporting, or release of

  2  public records information that relates to sexual predators or

  3  sexual offenders; or

  4         (c)  Prevents any person or entity from performing its

  5  duties or operating within its statutorily conferred authority

  6  as such duty or authority relates to sexual predators or

  7  sexual offenders.

  8         (3)  If the court enters an order that affects an

  9  agency's performance of a duty imposed under the laws

10  governing sexual predators or sexual offenders, or that limits

11  the agency's exercise of authority conferred under such laws,

12  the Legislature strongly encourages the affected agency to

13  file a motion in the court that entered such order. The

14  affected agency may, within 1 year after the receipt of any

15  such order, move to modify or set aside the order or, if such

16  order is in the nature of an injunction, move to dissolve the

17  injunction. Grounds for granting any such motion include, but

18  need not be limited to:

19         (a)  The affected agency was not properly noticed.

20         (b)  The court is not authorized to enjoin the

21  operation of a statute that has been duly adjudged

22  constitutional and operative unless the statute is illegally

23  applied or unless the statute or the challenged part of it is

24  unconstitutional on adjudicated grounds.

25         (c)  Jurisdiction may not be conferred by consent of

26  the parties.

27         (d)  To the extent that the order is based upon actions

28  the agency might take, the court's order is premature and, if

29  and when such actions are taken, these actions may be

30  challenged in appropriate proceedings to determine their

31  enforceability.

                                  25

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1         (e)  The injunction affects the public interest and

  2  would cause injury to the public.

  3         (f)  The order creates an unenforceable, perpetual

  4  injunction.

  5         (g)  The order seeks to restrict the agency in the

  6  performance of its duties outside the court's territorial

  7  jurisdiction.

  8         Section 5.  Paragraph (b) of subsection (1) of section

  9  944.606, Florida Statutes, is amended to read:

10         944.606  Sexual offenders; notification upon release.--

11         (1)  As used in this section:

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

13  convicted of committing, or attempting, soliciting, or

14  conspiring to commit, any of the criminal offenses proscribed

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

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

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

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

19  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

20  847.0133; s. 847.0135; s. 847.0137; s. 847.0145; or any

21  similar offense committed in this state which has been

22  redesignated from a former statute number to one of those

23  listed in this subsection, when the department has received

24  verified information regarding such conviction; an offender's

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

26  verified information.

27         Section 6.  Subsections (1) and (4) of section 944.607,

28  Florida Statutes, are amended to read:

29         944.607  Notification to Department of Law Enforcement

30  of information on sexual offenders.--

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

                                  26

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






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

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

  3  department or is in the custody of a private correctional

  4  facility:

  5         1.  On or after October 1, 1997, as a result of a

  6  conviction for committing, or attempting, soliciting, or

  7  conspiring to commit, any of the criminal offenses proscribed

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

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

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

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

12  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

13  847.0133; s. 847.0135; s. 847.0137; s. 847.0145; or any

14  similar offense committed in this state which has been

15  redesignated from a former statute number to one of those

16  listed in this paragraph; or

17         2.  Who establishes or maintains a residence in this

18  state and who has not been designated as a sexual predator by

19  a court of this state but who has been designated as a sexual

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

21  offender designation in another state or jurisdiction and was,

22  as a result of such designation, subjected to registration or

23  community or public notification, or both, or would be if the

24  person were a resident of that state or jurisdiction.

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

                                  27

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






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

  2  United States or other jurisdiction.

  3         (c)  "Institution of higher education" means a

  4  community college, state university, or independent

  5  postsecondary institution.

  6         (d)  "Change in enrollment or employment status" means

  7  the commencement or termination of enrollment or employment.

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

  9  who is under the supervision of the Department of Corrections

10  but is not incarcerated must register with the Department of

11  Corrections and provide the following information:

12         (a)  Name; date of birth; social security number; race;

13  sex; height; weight; hair and eye color; tattoos or other

14  identifying marks; and permanent or legal residence and

15  address of temporary residence within the state or out of

16  state while the sexual offender is under supervision in this

17  state, including any rural route address or post office box.

18  The Department of Corrections shall verify the address of each

19  sexual offender in the manner described in ss. 775.21 and

20  943.0435.

21         (b)  If the sexual offender is enrolled, employed, or

22  carrying on a vocation at an institution of higher education

23  in this state, the name, address, and county of each

24  institution, including each campus attended, and the sexual

25  offender's enrollment or employment status. Each change in

26  enrollment or employment status shall be reported to the

27  department within 48 hours after the change in status. The

28  Department of Corrections shall promptly notify each

29  institution of the sexual offender's presence and any change

30  in the sexual offender's enrollment or employment status.

31         Section 7.  This act shall take effect July 1, 2002.

                                  28

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






    Florida House of Representatives - 2002                 HB 841

    753-107A-02






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises provisions of law governing sexual predators and
  4    sexual offenders to provide consistent language with
      respect to sexual predators and sexual offenders. Defines
  5    the terms "institution of higher education" and "change
      in enrollment or employment status" with respect to
  6    sexual predators and sexual offenders and provides
      additional registration requirements with respect to
  7    sexual predators and sexual offenders who are enrolled,
      employed, or carrying on a vocation at an institution of
  8    higher education. Provides requirements with respect to
      changes in the name or residence of the sexual predator
  9    or sexual offender. See bill for details.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  29

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