Senate Bill sb1474

    Florida Senate - 2003                                  SB 1474

    By Senator Villalobos





    38-807-03                                             See HB 5

  1                      A bill to be entitled

  2         An act relating to sexual offenders; amending

  3         s. 943.0435, F.S.; permitting a judge presiding

  4         in a case in which certain minors are convicted

  5         of sexual battery or other sexual offenses to

  6         place the name of the convicted minor on the

  7         list of persons required to be registered with

  8         the Department of Law Enforcement as a sexual

  9         offender when the minor reaches a certain age;

10         providing a penalty; providing an effective

11         date.

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

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15         Section 1.  Subsection (11) of section 943.0435,

16  Florida Statutes, is amended to read:

17         943.0435  Sexual offenders required to register with

18  the department; penalty.--

19         (11)  A sexual offender must maintain registration with

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

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

22  conviction set aside in a postconviction proceeding for any

23  offense that meets the criteria for classifying the person as

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

25  sexual offender:

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

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

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

29  offense since release; or

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

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

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    Florida Senate - 2003                                  SB 1474
    38-807-03                                             See HB 5




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

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

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

  4  for any felony or misdemeanor offense since the date of

  5  conviction of the qualifying offense

  6

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

  8  circuit in which the sexual offender resides for the purpose

  9  of removing the requirement for registration as a sexual

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

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

12  arrested for any crime since release; the requested relief

13  complies with the provisions of the federal Jacob Wetterling

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

15  the removal of registration requirements for a sexual offender

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

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

18  satisfied that the offender is not a current or potential

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

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

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

22  The state attorney may present evidence in opposition to the

23  requested relief or may otherwise demonstrate the reasons why

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

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

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

27  the standards for relief provided in this subsection. The

28  department shall remove an offender from classification as a

29  sexual offender for purposes of registration if the offender

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

31  written findings or order that indicates that the offender is

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    Florida Senate - 2003                                  SB 1474
    38-807-03                                             See HB 5




  1  no longer required to comply with the requirements for

  2  registration as a sexual offender. A judge who presides over a

  3  case in which the convicted offender was under 18 years of age

  4  at the time of the offense may require that the minor who is

  5  convicted of sexual battery or other sexual offense be

  6  registered pursuant to this section and have his or her name

  7  included on the list of sexual offenders when the convicted

  8  offender reaches age 18.

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

10  registration with the department for the duration of his or

11  her life until the person provides the department with an

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

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

14  sexual offender designation in the state or jurisdiction in

15  which the order was issued which states that such designation

16  has been removed or demonstrates to the department that such

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

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

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

20  longer meets the criteria for registration as a sexual

21  offender under the laws of this state.

22         Section 2.  This act shall take effect July 1, 2003.

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