House Bill hb0841e2

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                                          HB 841, Second Engrossed



  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


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                                          HB 841, Second Engrossed



  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; amending

18         s. 960.003; providing for the testing of

19         certain persons for HIV under certain

20         circumstances; requiring the disclosure of the

21         results of such a test within a proscribed time

22         period; providing 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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                                          HB 841, Second Engrossed



  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)  "Permanent residence" means a place where the

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

24  days.

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

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

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

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

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

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

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


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                                          HB 841, Second Engrossed



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

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

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

  4  any out-of-state address.

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

  6  community college, college, state university, or independent

  7  postsecondary institution.

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

  9  the commencement or termination of enrollment or employment or

10  a change in location of enrollment or employment.

11         (6)  REGISTRATION.--

12         (a)  A sexual predator must register with the

13  department by providing the following information to the

14  department:

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

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

17  address of legal residence and address of any current

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

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

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

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

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

23  not be provided in lieu of a physical residential address.

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

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

26  defined in chapter 320, the sexual predator 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 a sexual

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


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                                          HB 841, Second Engrossed



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

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

  8  carrying on a vocation at an institution of higher education

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

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

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

12  enrollment or employment status. Each change in enrollment or

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

14  office, or the Department of Corrections if the sexual

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

16  supervision of the Department of Corrections, within 48 hours

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

18  Corrections shall promptly notify each institution of the

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

20  predator's enrollment or employment status.

21         2.  Any other information determined necessary by the

22  department, including criminal and corrections records;

23  nonprivileged personnel and treatment records; and evidentiary

24  genetic markers when available.

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

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

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

28  facility, the sexual predator must register with the

29  Department of Corrections. The Department of Corrections shall

30  provide to the department registration information and the

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


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                                          HB 841, Second Engrossed



  1  Corrections office that is responsible for supervising the

  2  sexual predator. In addition, the Department of Corrections

  3  shall notify the department if the sexual predator escapes or

  4  absconds from custody or supervision or if the sexual predator

  5  dies.

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

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

  8  sexual predator and forward the registration information to

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

10  take a digitized photograph of the sexual predator while the

11  sexual predator remains in custody and shall provide the

12  digitized photograph to the department. The custodian shall

13  notify the department if the sexual predator escapes from

14  custody or dies.

15         (d)  If the sexual predator is under federal

16  supervision, the federal agency responsible for supervising

17  the sexual predator may forward to the department any

18  information regarding the sexual predator which is consistent

19  with the information provided by the Department of Corrections

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

21  information is restricted to law enforcement purposes only or

22  may be used by the department for purposes of public

23  notification.

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

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

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

27  correctional facility, and establishes or maintains a

28  residence in the state, the sexual predator shall register in

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

30  office in the county in which the predator establishes or

31  maintains a residence, within 48 hours after establishing


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                                          HB 841, Second Engrossed



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

  2  the sexual predator's permanent or temporary residence or

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

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

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

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

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

  8  fingerprints of the predator and forward the photographs and

  9  fingerprints to the department, along with the information

10  that the predator is required to provide pursuant to this

11  section.

12         (f)  Within 48 hours after the registration required

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

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

15  sexual predator under the supervision of the Department of

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

17  office of the Department of Highway Safety and Motor Vehicles

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

19  license office the sexual predator shall:

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

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

22  identification card. The sexual predator shall identify

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

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

25  permanent or temporary residence, including a rural route

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

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

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

29  in maintaining current records of sexual predators. A post

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

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


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                                          HB 841, Second Engrossed



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

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

  3  predator shall also provide to the Department of Highway

  4  Safety and Motor Vehicles the vehicle identification number;

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

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

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

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

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

10  shall also provide to the Department of Highway Safety and

11  Motor Vehicles the hull identification number; the

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

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

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

15  live-aboard vessel, or houseboat.

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

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

18  license or identification card as required by this section.

19         3.  Provide, upon request, any additional information

20  necessary to confirm the identity of the sexual predator,

21  including a set of fingerprints.

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

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

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

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

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

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

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

29  Vehicles shall forward to the department and to the Department

30  of Corrections all photographs and information provided by

31  sexual predators. Notwithstanding the restrictions set forth


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                                          HB 841, Second Engrossed



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

  2  Vehicles is authorized to release a reproduction of a

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

  4  Law Enforcement for purposes of public notification of sexual

  5  predators as provided in this section.

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

  7  the department, the department must notify the sheriff and the

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

  9  chief of the municipality, where the sexual predator maintains

10  a residence within 48 hours after the sexual predator

11  registers with the department.

12         (i)  A sexual predator who intends to establish

13  residence in another state or jurisdiction shall report in

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

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

16  intends to leave this state to establish residence in another

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

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

19  state of intended residence. The sheriff shall promptly

20  provide to the department the information received from the

21  sexual predator. The department shall notify the statewide law

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

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

24  intended residence. The failure of a sexual predator to

25  provide his or her intended place of residence is punishable

26  as provided in subsection (10).

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

28  to reside in another state or jurisdiction and later decides

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

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

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


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                                          HB 841, Second Engrossed



  1  whichever agency is the agency to which the sexual predator

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

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

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

  5  state, the sheriff shall promptly report this information to

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

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

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

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

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

11  775.082, s. 775.083, or s. 775.084.

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

13  maintenance of current information regarding each registered

14  sexual predator. The department must maintain hotline access

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

16  obtain instantaneous locator file and offender characteristics

17  information on all released registered sexual predators for

18  purposes of monitoring, tracking, and prosecution. The

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

20  computerized format.

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

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

23  a public record. The department is authorized to disseminate

24  this public information by any means deemed appropriate,

25  including operating a toll-free telephone number for this

26  purpose. When the department provides information regarding a

27  registered sexual predator to the public, department personnel

28  must advise the person making the inquiry that positive

29  identification of a person believed to be a sexual predator

30  cannot be established unless a fingerprint comparison is made,

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


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                                          HB 841, Second Engrossed



  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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                                          HB 841, Second Engrossed



  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

25  The sheriff shall promptly provide to the department the

26  information received from the sexual predator.

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

28  Statutes, is amended to read:

29         775.24  Duty of the court to uphold laws governing

30  sexual predators and sexual offenders.--

31


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                                          HB 841, Second Engrossed



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

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

  3  governing sexual predators or sexual offenders, or that limits

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

  5  the Legislature strongly encourages the affected agency to

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

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

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

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

10  dissolve the injunction. Grounds for granting any such motion

11  include, but need not be limited to:

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

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

14  operation of a statute that has been duly adjudged

15  constitutional and operative unless the statute is illegally

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

17  unconstitutional on adjudicated grounds.

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

19  the parties.

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

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

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

23  challenged in appropriate proceedings to determine their

24  enforceability.

25         (e)  The injunction affects the public interest and

26  would cause injury to the public.

27         (f)  The order creates an unenforceable, perpetual

28  injunction.

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

30  performance of its duties outside the court's territorial

31  jurisdiction.


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                                          HB 841, Second Engrossed



  1         Section 3.  Section 943.0435, Florida Statutes, is

  2  amended to read:

  3         943.0435  Sexual offenders required to register with

  4  the department; penalty.--

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

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

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

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

  9  offenses proscribed in the following statutes in this state or

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

11  787.02, or s. 787.025, where the victim is a minor and the

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

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

14  825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137;

15  s. 847.0138; s. 847.0145; or any similar offense committed in

16  this state which has been redesignated from a former statute

17  number to one of those listed in this subparagraph; and.

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

19  the sanction imposed for any conviction of an offense

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

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

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

23  control, parole, conditional release, control release, or

24  incarceration in a state prison, federal prison, private

25  correctional facility, or local detention facility; or.

26         3.  Establishes or maintains a residence in this state

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

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

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

30  offender designation in another state or jurisdiction and was,

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


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                                          HB 841, Second Engrossed



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

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

  3         4.  Establishes or maintains a residence in this state

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

  5  of, any other state or jurisdiction 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 or similar offense in another

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

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

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

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

13  847.0135; s. 847.0137; s. 847.0138; 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 subparagraph.

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

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

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

20  adjudication is withheld. Conviction of a similar offense

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

22  military tribunal, including courts-martial conducted by the

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

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

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

26  have the same meaning ascribed in s. 775.21.

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

28  community college, college, state university, or independent

29  postsecondary institution.

30

31


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                                          HB 841, Second Engrossed



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

  2  the commencement or termination of enrollment or employment or

  3  a change in location of enrollment or employment.

  4         (2)  A sexual offender shall:

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

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

  7  establishes or maintains a permanent or temporary residence,

  8  within 48 hours after establishing permanent or temporary

  9  residence in this state or within 48 hours after being

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

11  Department of Corrections or from the custody of a private

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

13  permanent or temporary residence or name, after the sexual

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

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

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

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

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

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

20  marks, occupation and place of employment, address of

21  permanent or legal residence or address of any current

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

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

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

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

26  shall not be provided in lieu of a physical residential

27  address.

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

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

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

31  to the department written notice of the vehicle identification


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                                          HB 841, Second Engrossed



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

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

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

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

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

  6  shall also provide to the department written notice of the

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

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

  9  registration number; and a description, including color

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

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

12  carrying on a vocation at an institution of higher education

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

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

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

16  enrollment or employment status. Each change in enrollment or

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

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

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

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

21  change in the sexual offender's enrollment or employment

22  status.

23

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

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

26  the offender and forward the photographs and fingerprints to

27  the department, along with the information provided by the

28  sexual offender. The sheriff shall promptly provide to the

29  department the information received from the sexual offender.

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

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


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                                          HB 841, Second Engrossed



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

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

  3  identification card was previously secured or updated under s.

  4  944.607(9). At the driver's license office the sexual offender

  5  shall:

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

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

  8  identification card. The sexual offender shall identify

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

10  comply with this section and shall provide proof that the

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

12  sexual offender shall provide any of the information specified

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

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

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

16  for use by the department in maintaining current records of

17  sexual offenders.

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

19  Highway Safety and Motor Vehicles for issuing or renewing a

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

21  section.

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

23  necessary to confirm the identity of the sexual offender,

24  including a set of fingerprints.

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

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

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

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

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

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

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


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                                          HB 841, Second Engrossed



  1  of Highway Safety and Motor Vehicles shall forward to the

  2  department all photographs and information provided by sexual

  3  offenders. Notwithstanding the restrictions set forth in s.

  4  322.142, the Department of Highway Safety and Motor Vehicles

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

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

  7  for purposes of public notification of sexual offenders as

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

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

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

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

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

13  conjunction with the department, shall verify the addresses of

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

15  or supervision of the Department of Corrections in a manner

16  that is consistent with the provisions of the federal Jacob

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

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

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

20         (7)  A sexual offender who intends to establish

21  residence in another state or jurisdiction shall report in

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

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

24  intends to leave this state to establish residence in another

25  state or jurisdiction. The notification must include the

26  address, municipality, county, and state of intended

27  residence. The sheriff shall promptly provide to the

28  department the information received from the sexual offender.

29  The department shall notify the statewide law enforcement

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

31  jurisdiction of residence of the sexual offender's intended


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                                          HB 841, Second Engrossed



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

  2  her intended place of residence is punishable as provided in

  3  subsection (9).

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

  5  to reside in another state or jurisdiction and later decides

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

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

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

  9  whichever agency is the agency to which the sexual offender

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

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

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

13  state, the sheriff shall promptly report this information to

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

15  intent to reside in another state or jurisdiction but who

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

17  department in the manner required by this subsection commits a

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

19  775.082, s. 775.083, or s. 775.084.

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

21  requirements of this section commits a felony of the third

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

23  s. 775.084.

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

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

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

27  departments; an elected or appointed official, public

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

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

30  direction of any law enforcement agency is immune from civil

31  liability for damages for good faith compliance with the


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                                          HB 841, Second Engrossed



  1  requirements of this section or for the release of information

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

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

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

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

  6  the Department of Highway Safety and Motor Vehicles, the

  7  Department of Corrections, the personnel of those departments,

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

  9  direction of any of those departments in compiling or

10  providing information, or if information is incomplete or

11  incorrect because a sexual offender fails to report or falsely

12  reports his or her current place of permanent or temporary

13  residence.

14         (11)  A sexual offender must maintain registration with

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

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

17  conviction set aside in a postconviction proceeding for any

18  offense that meets the criteria for classifying the person as

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

20  sexual offender:

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

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

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

24  offense since release; or

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

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

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

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

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

30  for any felony or misdemeanor offense since the date of

31  conviction of the qualifying offense release


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                                          HB 841, Second Engrossed



  1

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

  3  circuit in which the sexual offender resides for the purpose

  4  of removing the requirement for registration as a sexual

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

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

  7  arrested for any crime since release; the requested relief

  8  complies with the provisions of the federal Jacob Wetterling

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

10  the removal of registration requirements for a sexual offender

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

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

13  satisfied that the offender is not a current or potential

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

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

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

17  The state attorney may present evidence in opposition to the

18  requested relief or may otherwise demonstrate the reasons why

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

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

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

22  the standards for relief provided in this subsection. The

23  department shall remove an offender from classification as a

24  sexual offender for purposes of registration if the offender

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

26  written findings or order that indicates that the offender is

27  no longer required to comply with the requirements for

28  registration as a sexual offender.

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

30  registration with the department for the duration of his or

31  her life until the person provides the department with an


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                                          HB 841, Second Engrossed



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

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

  3  sexual offender designation in the state or jurisdiction in

  4  which the order was issued which states that such designation

  5  has been removed or demonstrates to the department that such

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

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

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

  9  longer meets the criteria for registration as a sexual

10  offender under the laws of this state.

11         (12)  The Legislature finds that sexual offenders,

12  especially those who have committed offenses against minors,

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

14  after being released from incarceration or commitment and that

15  protection of the public from sexual offenders is a paramount

16  government interest. Sexual offenders have a reduced

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

18  public safety and in the effective operation of government.

19  Releasing information concerning sexual offenders to law

20  enforcement agencies and to persons who request such

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

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

23  governmental interests of public safety. The designation of a

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

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

26  of a conviction for having committed certain crimes.

27         Section 4.  Section 943.0436, Florida Statutes, is

28  created to read:

29         943.0436  Duty of the court to uphold laws governing

30  sexual predators and sexual offenders.--

31


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                                          HB 841, Second Engrossed



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

  2  approving a plea agreement or for other reasons, certain

  3  courts enter orders that effectively limit or nullify

  4  requirements imposed upon sexual predators and sexual

  5  offenders pursuant to the laws of this state and prevent

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

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

  8  relating to sexual predators and sexual offenders are

  9  substantive law. Furthermore, the Congress of the United

10  States has expressly encouraged every state to enact such

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

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

13  significant federal funding provided to the state for law

14  enforcement and public safety programs. Unless a court that

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

16  operating in accordance with the laws governing sexual

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

18  of such laws are unconstitutional or unconstitutionally

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

20  exclusive power to make laws and places at risk significant

21  public interests of the state.

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

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

24  943.0435, s. 944.606, s. 944.607, or any other law for

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

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

27  any other reason, which:

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

29  designation as a sexual predator or classification as a sexual

30  offender from such designation or classification, or exempts

31  such person from the requirements for registration or


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                                          HB 841, Second Engrossed



  1  community and public notification imposed upon sexual

  2  predators and sexual offenders;

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

  4  public records information that relates to sexual predators or

  5  sexual offenders; or

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

  7  duties or operating within its statutorily conferred authority

  8  as such duty or authority relates to sexual predators or

  9  sexual offenders.

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

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

12  governing sexual predators or sexual offenders, or that limits

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

14  the Legislature strongly encourages the affected agency to

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

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

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

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

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

20  need not be limited to:

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

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

23  operation of a statute that has been duly adjudged

24  constitutional and operative unless the statute is illegally

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

26  unconstitutional on adjudicated grounds.

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

28  the parties.

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

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

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


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                                          HB 841, Second Engrossed



  1  challenged in appropriate proceedings to determine their

  2  enforceability.

  3         (e)  The injunction affects the public interest and

  4  would cause injury to the public.

  5         (f)  The order creates an unenforceable, perpetual

  6  injunction.

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

  8  performance of its duties outside the court's territorial

  9  jurisdiction.

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

11  944.606, Florida Statutes, is amended to read:

12         944.606  Sexual offenders; notification upon release.--

13         (1)  As used in this section:

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

15  convicted of committing, or attempting, soliciting, or

16  conspiring to commit, any of the criminal offenses proscribed

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

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

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

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

21  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

22  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;

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

24  redesignated from a former statute number to one of those

25  listed in this subsection, when the department has received

26  verified information regarding such conviction; an offender's

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

28  verified information.

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

30  Florida Statutes, are amended to read:

31


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                                          HB 841, Second Engrossed



  1         944.607  Notification to Department of Law Enforcement

  2  of information on sexual offenders.--

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

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

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

  6  department or is in the custody of a private correctional

  7  facility:

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

  9  conviction for committing, or attempting, soliciting, or

10  conspiring to commit, any of the criminal offenses proscribed

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

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

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

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

15  794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.

16  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;

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

18  redesignated from a former statute number to one of those

19  listed in this paragraph; or

20         2.  Who establishes or maintains a residence in this

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

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

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

24  offender designation in another state or jurisdiction and was,

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

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

27  person were a resident of that state or jurisdiction.

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

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

30  nolo contendere, regardless of whether adjudication is

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


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                                          HB 841, Second Engrossed



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

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

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

  4  United States or other jurisdiction.

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

  6  community college, college, state university, or independent

  7  postsecondary institution.

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

  9  the commencement or termination of enrollment or employment or

10  a change in location of enrollment or employment.

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

12  who is under the supervision of the Department of Corrections

13  but is not incarcerated must register with the Department of

14  Corrections and provide the following information:

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

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

17  identifying marks; and permanent or legal residence and

18  address of temporary residence within the state or out of

19  state while the sexual offender is under supervision in this

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

21  The Department of Corrections shall verify the address of each

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

23  943.0435.

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

25  carrying on a vocation at an institution of higher education

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

27  institution, including each campus attended, and the sexual

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

29  enrollment or employment status shall be reported to the

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

31  Department of Corrections shall promptly notify each


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                                          HB 841, Second Engrossed



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

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

  3         Section 7.  Section 960.003, of the Florida Statutes,

  4  is amended to read:

  5         960.003  Human immunodeficiency virus testing for

  6  persons charged with or alleged by petition for delinquency to

  7  have committed certain offenses; disclosure of results to

  8  victims.--

  9         (1)  LEGISLATIVE INTENT.--The Legislature finds that a

10  victim of a criminal offense which involves the transmission

11  of body fluids, or which involves certain sexual offenses in

12  which the victim is a minor, disabled adult, or elderly

13  person, is entitled to know at the earliest possible

14  opportunity whether the person charged with or alleged by

15  petition for delinquency to have committed the offense has

16  tested positive for human immunodeficiency virus (HIV)

17  infection. The Legislature finds that to deny victims access

18  to HIV test results causes unnecessary mental anguish in

19  persons who have already suffered trauma. The Legislature

20  further finds that since medical science now recognizes that

21  early diagnosis is a critical factor in the treatment of HIV

22  infection, both the victim and the person charged with or

23  alleged by petition for delinquency to have committed the

24  offense benefit from prompt disclosure of HIV test results.

25         (2)  TESTING OF PERSON CHARGED WITH OR ALLEGED BY

26  PETITION FOR DELINQUENCY TO HAVE COMMITTED CERTAIN OFFENSES.--

27         (a)  In any case in which a person has been charged by

28  information or indictment with or alleged by petition for

29  delinquency to have committed any offense enumerated in s.

30  775.0877(1)(a)-(n), which involves the transmission of body

31  fluids from one person to another, upon request of the victim


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                                          HB 841, Second Engrossed



  1  or the victim's legal guardian, or of the parent or legal

  2  guardian of the victim if the victim is a minor, the court

  3  shall order such person to undergo HIV testing.

  4         (b)  However, when a victim of any sexual offense

  5  enumerated in s. 775.0877(1)(a)-(n) is under the age of 18 at

  6  the time the offense was committed or when a victim of any

  7  sexual offense enumerated in s. 775.0877(1)(a)-(n) or s.

  8  825.1025 is a disabled adult or elderly person as defined in

  9  s. 825.1025 regardless of whether the offense involves the

10  transmission of bodily fluids from one person to another, then

11  upon the request of the victim or the victim's legal guardian,

12  or of the parent or legal guardian, the court shall order such

13  person to undergo HIV testing. The testing shall be performed

14  under the direction of the Department of Health in accordance

15  with s. 381.004.  The results of an HIV test performed on a

16  defendant or juvenile offender pursuant to this subsection

17  shall not be admissible in any criminal or juvenile proceeding

18  arising out of the alleged offense.

19         (3)  DISCLOSURE OF RESULTS.--

20         (a)  The results of the test shall be disclosed no

21  later than two weeks after the court receives such results,

22  under the direction of the Department of Health, to the person

23  charged with or alleged by petition for delinquency to have

24  committed or to the person convicted of or adjudicated

25  delinquent for any offense enumerated in s.

26  775.0877(1)(a)-(n), which involves the transmission of body

27  fluids from one person to another, and, upon request, to the

28  victim or the victim's legal guardian, or the parent or legal

29  guardian of the victim if the victim is a minor, and to public

30  health agencies pursuant to s. 775.0877. If the alleged

31  offender is a juvenile, the test results shall also be


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                                          HB 841, Second Engrossed



  1  disclosed to the parent or guardian. When the victim is a

  2  victim as described in (2)(b), the test results must also be

  3  disclosed no later than two weeks after the court receives

  4  such results, to the person charged with or alleged by

  5  petition for delinquency to have committed or to the person

  6  convicted of or adjudicated delinquent for any offense

  7  enumerated in s. 775.0877(1)(a)-(n), or s. 825.1025 regardless

  8  of whether the offense involves the transmission of bodily

  9  fluids from one person to another, and, upon request, to the

10  victim or the victim's legal guardian, or the parent or legal

11  guardian of the victim, and to public health agencies pursuant

12  to s. 775.0877. Otherwise, HIV test results obtained pursuant

13  to this section are confidential and exempt from the

14  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

15  Constitution and shall not be disclosed to any other person

16  except as expressly authorized by law or court order.

17         (b)  At the time that the results are disclosed to the

18  victim or the victim's legal guardian, or to the parent or

19  legal guardian of a victim if the victim is a minor, the same

20  immediate opportunity for face-to-face counseling which must

21  be made available under s. 381.004(3)(e) to those who undergo

22  HIV testing shall also be afforded to the victim or the

23  victim's legal guardian, or to the parent or legal guardian of

24  the victim if the victim is a minor.

25         (4)  POSTCONVICTION TESTING.--If, for any reason, the

26  testing requested under subsection (2) has not been

27  undertaken, then upon request of the victim or the victim's

28  legal guardian, or the parent or legal guardian of the victim

29  if the victim is a minor, the court shall order the offender

30  to undergo HIV testing following conviction or delinquency

31  adjudication. The testing shall be performed under the


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                                          HB 841, Second Engrossed



  1  direction of the Department of Health, and the results shall

  2  be disclosed in accordance with the provisions of subsection

  3  (3).

  4         (5)  EXCEPTIONS.--The provisions of subsections (2) and

  5  (4) do not apply if:

  6         (a)  The person charged with or convicted of or alleged

  7  by petition for delinquency to have committed or been

  8  adjudicated delinquent for an offense described in subsection

  9  (2) has undergone HIV testing voluntarily or pursuant to

10  procedures established in s. 381.004(3)(h)6. or s. 951.27, or

11  any other applicable law or rule providing for HIV testing of

12  criminal defendants, inmates, or juvenile offenders,

13  subsequent to his or her arrest, conviction, or delinquency

14  adjudication for the offense for which he or she was charged

15  or alleged by petition for delinquency to have committed; and

16         (b)  The results of such HIV testing have been

17  furnished to the victim or the victim's legal guardian, or the

18  parent or legal guardian of the victim if the victim is a

19  minor.

20         (6)  TESTING DURING INCARCERATION, DETENTION, OR

21  PLACEMENT; DISCLOSURE.--In any case in which a person

22  convicted of or adjudicated delinquent for an offense

23  described in subsection (2) has not been tested under

24  subsection (2), but undergoes HIV testing during his or her

25  incarceration, detention, or placement, the results of the

26  initial HIV testing shall be disclosed in accordance with the

27  provisions of subsection (3). Except as otherwise requested by

28  the victim or the victim's legal guardian, or the parent or

29  guardian of the victim if the victim is a minor, if the

30  initial test is conducted within the first year of the

31  imprisonment, detention, or placement, the request for


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                                          HB 841, Second Engrossed



  1  disclosure shall be considered a standing request for any

  2  subsequent HIV test results obtained within 1 year after the

  3  initial HIV test performed, and need not be repeated for each

  4  test administration. Where the inmate or juvenile offender has

  5  previously been tested pursuant to subsection (2) the request

  6  for disclosure under this subsection shall be considered a

  7  standing request for subsequent HIV results conducted within 1

  8  year of the test performed pursuant to subsection (2). If the

  9  HIV testing is performed by an agency other than the

10  Department of Health, that agency shall be responsible for

11  forwarding the test results to the Department of Health for

12  disclosure in accordance with the provisions of subsection

13  (3). This subsection shall not be limited to results of HIV

14  tests administered subsequent to June 27, 1990, but shall also

15  apply to the results of all HIV tests performed on inmates

16  convicted of or juvenile offenders adjudicated delinquent for

17  sex offenses as described in subsection (2) during their

18  incarceration, detention, or placement prior to June 27, 1990.

19         Section 8.  This act shall take effect July 1, 2002.

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