1 | A bill to be entitled |
2 | An act relating to the designation and registration of |
3 | sexual predators and sexual offenders; amending s. 775.21, |
4 | F.S.; amending the definition of the term "conviction"; |
5 | providing that an offender who has been designated as a |
6 | sexually violent predator under the civil commitment |
7 | proceedings provided in ch. 394, F.S., or similarly |
8 | designated pursuant to a similar proceeding in another |
9 | state, meets the criteria for designation as a sexual |
10 | predator under the Florida Sexual Predators Act; providing |
11 | that such offender shall be subject to the registration |
12 | and notification requirements of the act; providing that |
13 | such offender shall be designated a sexual predator |
14 | pursuant to an order of the committing court; requiring |
15 | the committing court of such offender to make a written |
16 | finding that the offender is a sexual predator for |
17 | purposes of the act; requiring the clerk to transmit a |
18 | copy of the committing court's order to the Department of |
19 | Law Enforcement within a time certain; specifying |
20 | circumstances in which the state attorney shall seek a |
21 | hearing to determine whether the offender's criminal |
22 | record or record of civil commitment from another |
23 | jurisdiction meets the criteria for designation as a |
24 | sexual predator; clarifying circumstances related to the |
25 | registration requirements applicable to sexual predators; |
26 | clarifying that registration requirements apply each time |
27 | the driver's license or identification card of a sexual |
28 | predator is subject to renewal and also apply after each |
29 | change in specified information; specifying registration |
30 | and reporting requirements for sexual predators in |
31 | circumstances where the predator has vacated or intends to |
32 | vacate a permanent residence; specifying reporting |
33 | requirements in circumstances where the sexual predator |
34 | remains at or returns to a permanent residence; revising |
35 | and clarifying the circumstances in which criminal |
36 | penalties apply to sexual predators for acts or omissions |
37 | related to registration;; specifying venue for the |
38 | prosecution of a sexual predator in circumstances |
39 | involving acts or omissions concerning the failure to |
40 | register as required; providing that an arrest, |
41 | information, complaint, or arraignment related to charges |
42 | of failure to register constitutes actual notice of the |
43 | duty to register; providing that the failure of a sexual |
44 | predator to immediately register following such notice |
45 | constitutes grounds for a subsequent charge; requiring any |
46 | sexual predator who asserts, or intends to assert, a lack |
47 | of notice of the duty to register as a defense to a charge |
48 | of failure to register to immediately register as |
49 | required; providing that a sexual predator who is charged |
50 | with a subsequent failure to register may not assert the |
51 | defense of a lack of notice of the duty to register; |
52 | providing that registration following arrest, service, or |
53 | arraignment related to a charge of failure to register is |
54 | not a defense and does not relieve the sexual predator of |
55 | criminal liability for the failure to register; providing |
56 | that the lack of a permanent or temporary residence is not |
57 | a defense and does not relieve the sexual predator of his |
58 | or her responsibility to register as required; conforming |
59 | a cross reference; amending s. 943.0435, F.S.; amending |
60 | the definition of the term "convicted"; clarifying that |
61 | registration requirements apply each time the driver's |
62 | license or identification card of a sexual offender is |
63 | subject to renewal and also apply after each change in |
64 | specified information; specifying registration and |
65 | reporting requirements for sexual offenders in |
66 | circumstances where the offender has vacated or intends to |
67 | vacate a permanent residence; specifying reporting |
68 | requirements in circumstances where the sexual offender |
69 | remains at or returns to a permanent residence; revising |
70 | and clarifying the circumstances in which criminal |
71 | penalties apply to sexual offenders for acts or omissions |
72 | related to registration; specifying venue for the |
73 | prosecution of a sexual offender in circumstances |
74 | involving acts or omissions concerning the failure to |
75 | register as required; providing that an arrest, |
76 | information, complaint, or arraignment related to charges |
77 | of failure to register constitutes actual notice of the |
78 | duty to register; providing that the failure of a sexual |
79 | offender to immediately register following such notice |
80 | constitutes grounds for a subsequent charge; requiring any |
81 | sexual offender who asserts, or intends to assert, a lack |
82 | of notice of the duty to register as a defense to a charge |
83 | of failure to register to immediately register as |
84 | required; providing that a sexual offender who is charged |
85 | with a subsequent failure to register may not assert the |
86 | defense of a lack of notice of the duty to register; |
87 | providing that registration following arrest, service, or |
88 | arraignment related to a charge of failure to register is |
89 | not a defense and does not relieve the sexual offender of |
90 | criminal liability for the failure to register; providing |
91 | that the lack of a permanent or temporary residence is not |
92 | a defense and does not relieve the sexual offender of his |
93 | or her responsibility to register as required; revising a |
94 | cross reference; amending s. 944.606, F.S.; amending the |
95 | definition of the term "convicted"; amending s. 944.607, |
96 | F.S.; amending the definition of the term "conviction"; |
97 | clarifying circumstances relating to the registration |
98 | requirements applicable to sexual offenders; revising and |
99 | clarifying the circumstances in which criminal penalties |
100 | apply to sexual offenders for acts or omissions related to |
101 | registration; specifying venue for the prosecution of a |
102 | sexual offender in circumstances involving acts or |
103 | omissions concerning the failure to register as required; |
104 | providing that an arrest, information, complaint, or |
105 | arraignment related to charges of failure to register |
106 | constitutes actual notice of the duty to register; |
107 | providing that the failure of a sexual offender to |
108 | immediately register following such notice constitutes |
109 | grounds for a subsequent charge; requiring any sexual |
110 | offender who asserts, or intends to assert, a lack of |
111 | notice of the duty to register as a defense to a charge of |
112 | failure to register to immediately register as required; |
113 | providing that a sexual offender who is charged with a |
114 | subsequent failure to register may not assert the defense |
115 | of a lack of notice of the duty to register; providing |
116 | that registration following arrest, service, or |
117 | arraignment related to a charge of failure to register is |
118 | not a defense and does not relieve the sexual offender of |
119 | criminal liability for the failure to register; providing |
120 | that the lack of a permanent or temporary residence is not |
121 | a defense and does not relieve the sexual offender of his |
122 | or her responsibility to register as required; reenacting |
123 | s. 775.21(5)(d) and (6)(l), F.S., relating to the Florida |
124 | Sexual Predators Act, for the purpose of incorporating the |
125 | amendments to ss. 943.0435 and 944.607, F.S., in |
126 | references thereto; reenacting s. 943.0435(5), F.S., |
127 | relating to sexual offender registration requirements, for |
128 | the purpose of incorporating the amendment to s. 775.21, |
129 | F.S., in references thereto; reenacting s. 944.607(9), |
130 | F.S., relating to notification concerning sexual offenders |
131 | to the Department of Law Enforcement, for the purpose of |
132 | incorporating the amendments to ss. 775.21 and 943.0435, |
133 | F.S., in references thereto; reenacting ss. 775.24(2) and |
134 | 943.0436(2), F.S., relating to the duty of the court to |
135 | uphold laws governing sexual predators and sexual |
136 | offenders, for the purpose of incorporating the amendments |
137 | to ss. 943.0435, 944.606, and 944.607, F.S., in references |
138 | thereto; reenacting s. 775.25, F.S., relating to the venue |
139 | for prosecutions of sexual predators for acts or omissions |
140 | relating to registration requirements, for the purpose of |
141 | incorporating the amendments to ss. 775.21, 943.0435, |
142 | 944.606, and 944.607, F.S., in references thereto; |
143 | reenacting ss. 775.13(5) and 775.261(3)(b), F.S., relating |
144 | to the registration of convicted sexual predators and |
145 | sexual offenders and criteria for registration under the |
146 | Florida Career Offender Registration Act, respectively, |
147 | for the purpose of incorporating the amendments to ss. |
148 | 775.21, 943.0435, and 944.607, F.S., in references |
149 | thereto; reenacting s. 921.0022(3)(f), F.S., relating to |
150 | the ranking of criminal offenses related to the failure of |
151 | a sexual offender or sexual predator to register in the |
152 | offense severity ranking chart of the Criminal Punishment |
153 | Code, for the purpose of incorporating the amendments to |
154 | ss. 775.21 and 943.0435, F.S., in references thereto; |
155 | reenacting s. 944.608(7), F.S., relating to notification |
156 | to the Department of Law Enforcement of information on |
157 | career offenders, for the purpose of incorporating the |
158 | amendments to ss. 775.21 and 944.607, F.S., in references |
159 | thereto; reenacting ss. 39.806(1)(d), 63.089(4)(b), |
160 | 63.092(3), 944.609(4), 947.1405(2)(c), and 948.12(3), |
161 | F.S., relating to grounds for termination of parental |
162 | rights, findings of abandonment in proceedings to |
163 | terminate parental rights pending adoption, preliminary |
164 | studies of the homes of prospective adoptive parents, |
165 | career offender notification, the conditional release |
166 | program, and intensive supervision for postprison release |
167 | of violent offenders, respectively, for the purpose of |
168 | incorporating the amendment to s. 775.21, F.S., in |
169 | references thereto; providing an effective date. |
170 |
|
171 | WHEREAS, the Legislature finds that in order to protect the |
172 | public, a system of registration is required for sexual |
173 | predators and sexual offenders so that the public and law |
174 | enforcement agencies can keep track of the residences of |
175 | predators and offenders and possibly prevent future sex crimes |
176 | from being perpetrated, and |
177 | WHEREAS, the Legislature intends to clarify that sexual |
178 | predators and sexual offenders are, and have been, required to |
179 | register a change of residency when the driver's licenses of |
180 | such persons are subject to renewal and also when such persons |
181 | have changed places of residence, and |
182 | WHEREAS, the Legislature finds that gaps in time between |
183 | changes in the registered information concerning a sexual |
184 | predator or sexual offender weaken the effectiveness of the |
185 | registration system and pose a threat to public safety by making |
186 | it more difficult to quickly locate sexual predators and sexual |
187 | offenders residing in Florida, and |
188 | WHEREAS, the Legislature finds that persons who commit |
189 | sexually based offenses, especially those who have committed |
190 | offenses against minors, often pose a high risk of engaging in |
191 | sexually based offenses even after being released from |
192 | incarceration or commitment, and |
193 | WHEREAS, the Legislature finds that a small but extremely |
194 | dangerous number of sexually violent predators exist who |
195 | generally have antisocial personality features that are |
196 | unamenable to existing mental illness treatment modalities, and |
197 | those features render them likely to engage in criminal, |
198 | sexually violent behavior, and |
199 | WHEREAS, the Legislature finds that the likelihood that |
200 | sexually violent predators will engage in repeat acts of |
201 | predatory sexual violence is high, and |
202 | WHEREAS, the Legislature finds that the protection of the |
203 | public from persons who commit sexually based offenses, |
204 | especially those who are sexually violent predators, is a |
205 | paramount government interest, and |
206 | WHEREAS, the Legislature finds that persons who commit |
207 | sexually based offenses have a reduced expectation of privacy |
208 | because of the public's interest in public safety and in the |
209 | effective operation of government, and |
210 | WHEREAS, the Legislature finds that releasing information |
211 | concerning persons who commit sexually based offenses to law |
212 | enforcement agencies and to persons who request such information, |
213 | and the release of such information to the public by a law |
214 | enforcement agency or public agency, will further the |
215 | governmental interests of public safety, and |
216 | WHEREAS, the Legislature finds that the designation of a |
217 | person as a sexual offender or sexual predator is not a sentence |
218 | or a punishment but is simply a status that reflects the past |
219 | behavior of a person, NOW, THEREFORE, |
220 |
|
221 | Be It Enacted by the Legislature of the State of Florida: |
222 |
|
223 | Section 1. Paragraph (c) of subsection (2), paragraphs (a) |
224 | and (c) of subsection (5), paragraph (g) of subsection (6), and |
225 | subsection (10) of section 775.21, Florida Statutes, are |
226 | amended, paragraph (d) is added to subsection (4) of said |
227 | section, and paragraph (d) of subsection (5) and paragraph (l) |
228 | of subsection (6) of said section are reenacted for the purpose |
229 | of incorporating the amendments to sections 943.0435 and |
230 | 944.607, Florida Statutes, in references thereto, to read: |
231 | 775.21 The Florida Sexual Predators Act; definitions; |
232 | legislative findings, purpose, and intent; criteria; |
233 | designation; registration; community and public notification; |
234 | immunity; penalties.-- |
235 | (2) DEFINITIONS.--As used in this section, the term: |
236 | (c) "Conviction" means a determination of guilt which is |
237 | the result of a trial or the entry of a plea of guilty or nolo |
238 | contendere, regardless of whether adjudication is withheld. A |
239 | conviction for a similar offense includes, but is not limited |
240 | to, a conviction by a federal or military tribunal, including |
241 | courts-martial conducted by the Armed Forces of the United |
242 | States, and includes a conviction or entry of a plea of guilty |
243 | or nolo contendere resulting in a sanction in any state of the |
244 | United States or other jurisdiction. A sanction includes, but is |
245 | not limited to, a fine, probation, community control, parole, |
246 | conditional release, control release, or incarceration in a |
247 | state prison, federal prison, private correctional facility, or |
248 | local detention facility. |
249 | (4) SEXUAL PREDATOR CRITERIA.-- |
250 | (d) An offender who has been determined to be a sexually |
251 | violent predator pursuant to a civil commitment proceeding under |
252 | chapter 394 or who is the subject of a similar determination |
253 | pursuant to a similar proceeding in another state shall be |
254 | designated as a "sexual predator" under subsection (5) and |
255 | subject to registration under subsection (6) and community and |
256 | public notification under subsection (7). |
257 | (5) SEXUAL PREDATOR DESIGNATION.--An offender is |
258 | designated as a sexual predator as follows: |
259 | (a)1. An offender who meets the sexual predator criteria |
260 | described in paragraph (4)(d) is a sexual predator, and the |
261 | court must make a written finding at the time such offender is |
262 | determined to be a sexually violent predator under chapter 394 |
263 | that such person meets the criteria for designation as a sexual |
264 | predator for purposes of this section. The clerk shall transmit |
265 | a copy of the order containing the written finding to the |
266 | department within 48 hours after the entry of the order; |
267 | 2. An offender who meets the sexual predator criteria |
268 | described in paragraph (4)(a) who is before the court for |
269 | sentencing for a current offense committed on or after October |
270 | 1, 1993, is a sexual predator, and the sentencing court must |
271 | make a written finding at the time of sentencing that the |
272 | offender is a sexual predator, and the clerk of the court shall |
273 | transmit a copy of the order containing the written finding to |
274 | the department within 48 hours after the entry of the order; or |
275 | 3.2. If the Department of Corrections, the department, or |
276 | any other law enforcement agency obtains information which |
277 | indicates that an offender who establishes or maintains a |
278 | permanent or temporary residence in this state meets the sexual |
279 | predator criteria described in paragraph (4)(a) or (4)(d) |
280 | because the offender committed a similar violation or was |
281 | civilly committed in another jurisdiction on or after October 1, |
282 | 1993, the Department of Corrections, the department, or the law |
283 | enforcement agency shall notify the state attorney of the county |
284 | where the offender establishes or maintains a permanent or |
285 | temporary residence of the offender's presence in the community. |
286 | The state attorney shall file a petition with the criminal |
287 | division of the circuit court for the purpose of holding a |
288 | hearing to determine if the offender's criminal record or record |
289 | of civil commitment from another jurisdiction meets the sexual |
290 | predator criteria. If the court finds that the offender meets |
291 | the sexual predator criteria because the offender has violated a |
292 | similar law or similar laws in another jurisdiction, the court |
293 | shall make a written finding that the offender is a sexual |
294 | predator. |
295 |
|
296 | When the court makes a written finding that an offender is a |
297 | sexual predator, the court shall inform the sexual predator of |
298 | the registration and community and public notification |
299 | requirements described in this section. Within 48 hours after of |
300 | the court designating an offender as a sexual predator, the |
301 | clerk of the circuit court shall transmit a copy of the court's |
302 | written sexual predator finding to the department. If the |
303 | offender is sentenced to a term of imprisonment or supervision, |
304 | a copy of the court's written sexual predator finding must be |
305 | submitted to the Department of Corrections. |
306 | (c) If the Department of Corrections, the department, or |
307 | any other law enforcement agency obtains information which |
308 | indicates that an offender meets the sexual predator criteria |
309 | but the court did not make a written finding that the offender |
310 | is a sexual predator as required in paragraph (a), the |
311 | Department of Corrections, the department, or the law |
312 | enforcement agency shall notify the state attorney who |
313 | prosecuted the offense for offenders described in subparagraph |
314 | (a)1., or the state attorney of the county where the offender |
315 | establishes or maintains a residence upon first entering the |
316 | state for offenders described in subparagraph (a)3.2. The state |
317 | attorney shall bring the matter to the court's attention in |
318 | order to establish that the offender meets the sexual predator |
319 | criteria. If the state attorney fails to establish that an |
320 | offender meets the sexual predator criteria and the court does |
321 | not make a written finding that an offender is a sexual |
322 | predator, the offender is not required to register with the |
323 | department as a sexual predator. The Department of Corrections, |
324 | the department, or any other law enforcement agency shall not |
325 | administratively designate an offender as a sexual predator |
326 | without a written finding from the court that the offender is a |
327 | sexual predator. |
328 | (d) A person who establishes or maintains a residence in |
329 | this state and who has not been designated as a sexual predator |
330 | by a court of this state but who has been designated as a sexual |
331 | predator, as a sexually violent predator, or by another sexual |
332 | offender designation in another state or jurisdiction and was, |
333 | as a result of such designation, subjected to registration or |
334 | community or public notification, or both, or would be if the |
335 | person was a resident of that state or jurisdiction, shall |
336 | register in the manner provided in s. 943.0435 or s. 944.607 and |
337 | shall be subject to community and public notification as |
338 | provided in s. 943.0435 or s. 944.607. A person who meets the |
339 | criteria of this section is subject to the requirements and |
340 | penalty provisions of s. 943.0435 or s. 944.607 until the person |
341 | provides the department with an order issued by the court that |
342 | designated the person as a sexual predator, as a sexually |
343 | violent predator, or by another sexual offender designation in |
344 | the state or jurisdiction in which the order was issued which |
345 | states that such designation has been removed or demonstrates to |
346 | the department that such designation, if not imposed by a court, |
347 | has been removed by operation of law or court order in the state |
348 | or jurisdiction in which the designation was made, and provided |
349 | such person no longer meets the criteria for registration as a |
350 | sexual offender under the laws of this state. |
351 | (6) REGISTRATION.-- |
352 | (g)1. Each time a sexual predator's driver's license or |
353 | identification card is subject to renewal, and, without regard |
354 | to the status of the predator's driver's license or |
355 | identification card, within 48 hours after any change of the |
356 | predator's residence or change in the predator's name by reason |
357 | of marriage or other legal process, the predator shall report in |
358 | person to a driver's license office, and shall be subject to the |
359 | requirements specified in paragraph (f). The Department of |
360 | Highway Safety and Motor Vehicles shall forward to the |
361 | department and to the Department of Corrections all photographs |
362 | and information provided by sexual predators. Notwithstanding |
363 | the restrictions set forth in s. 322.142, the Department of |
364 | Highway Safety and Motor Vehicles is authorized to release a |
365 | reproduction of a color-photograph or digital-image license to |
366 | the Department of Law Enforcement for purposes of public |
367 | notification of sexual predators as provided in this section. |
368 | 2. A sexual predator who vacates a permanent residence and |
369 | fails to establish or maintain another permanent or temporary |
370 | residence shall, within 48 hours after vacating the permanent |
371 | residence, report in person to the department or the sheriff's |
372 | office of the county in which he or she is located. The sexual |
373 | predator shall specify the date upon which he or she intends to |
374 | or did vacate such residence. The sexual predator must provide |
375 | or update all of the registration information required under |
376 | paragraph (a). The sexual predator must provide an address for |
377 | the residence or other location that he or she is or will be |
378 | occupying during the time in which he or she fails to establish |
379 | or maintain a permanent or temporary residence. |
380 | 3. A sexual predator who remains at a permanent residence |
381 | after reporting his or her intent to vacate such residence |
382 | shall, within 48 hours after the date upon which the predator |
383 | indicated he or she would or did vacate such residence, report |
384 | in person to the agency to which he or she reported pursuant to |
385 | subparagraph 2. for the purpose of reporting his or her address |
386 | at such residence. If the sheriff receives the report, the |
387 | sheriff shall promptly convey the information to the department. |
388 | An offender who makes a report as required under subparagraph 2. |
389 | but fails to make a report as required under this subparagraph |
390 | commits a felony of the second degree, punishable as provided in |
391 | s. 775.082, s. 775.083, or s. 775.084. |
392 | (l) A sexual predator must maintain registration with the |
393 | department for the duration of his or her life, unless the |
394 | sexual predator has received a full pardon or has had a |
395 | conviction set aside in a postconviction proceeding for any |
396 | offense that met the criteria for the sexual predator |
397 | designation. However, a sexual predator who was designated as a |
398 | sexual predator by a court before October 1, 1998, and who has |
399 | been lawfully released from confinement, supervision, or |
400 | sanction, whichever is later, for at least 10 years and has not |
401 | been arrested for any felony or misdemeanor offense since |
402 | release, may petition the criminal division of the circuit court |
403 | in the circuit in which the sexual predator resides for the |
404 | purpose of removing the sexual predator designation. A sexual |
405 | predator who was designated a sexual predator by a court on or |
406 | after October 1, 1998, who has been lawfully released from |
407 | confinement, supervision, or sanction, whichever is later, for |
408 | at least 20 years, and who has not been arrested for any felony |
409 | or misdemeanor offense since release may petition the criminal |
410 | division of the circuit court in the circuit in which the sexual |
411 | predator resides for the purpose of removing the sexual predator |
412 | designation. The court may grant or deny such relief if the |
413 | petitioner demonstrates to the court that he or she has not been |
414 | arrested for any crime since release, the requested relief |
415 | complies with the provisions of the federal Jacob Wetterling |
416 | Act, as amended, and any other federal standards applicable to |
417 | the removal of the designation as a sexual predator or required |
418 | to be met as a condition for the receipt of federal funds by the |
419 | state, and the court is otherwise satisfied that the petitioner |
420 | is not a current or potential threat to public safety. The state |
421 | attorney in the circuit in which the petition is filed must be |
422 | given notice of the petition at least 3 weeks before the hearing |
423 | on the matter. The state attorney may present evidence in |
424 | opposition to the requested relief or may otherwise demonstrate |
425 | the reasons why the petition should be denied. If the court |
426 | denies the petition, the court may set a future date at which |
427 | the sexual predator may again petition the court for relief, |
428 | subject to the standards for relief provided in this paragraph. |
429 | Unless specified in the order, a sexual predator who is granted |
430 | relief under this paragraph must comply with the requirements |
431 | for registration as a sexual offender and other requirements |
432 | provided under s. 943.0435 or s. 944.607. If a petitioner |
433 | obtains an order from the court that imposed the order |
434 | designating the petitioner as a sexual predator which removes |
435 | such designation, the petitioner shall forward a certified copy |
436 | of the written findings or order to the department in order to |
437 | have the sexual predator designation removed from the sexual |
438 | predator registry. |
439 |
|
440 | The sheriff shall promptly provide to the department the |
441 | information received from the sexual predator. |
442 | (10) PENALTIES.-- |
443 | (a) Except as otherwise specifically provided, a sexual |
444 | predator who fails to register; who fails, after registration, |
445 | to maintain, acquire, or renew a driver's license or |
446 | identification card; who fails to provide required location |
447 | information or change-of-name information; who fails to make a |
448 | required report in connection with vacating a permanent |
449 | residence; or who otherwise fails, by act or omission, to comply |
450 | with the requirements of this section, commits a felony of the |
451 | third degree, punishable as provided in s. 775.082, s. 775.083, |
452 | or s. 775.084. |
453 | (b) A sexual predator who has been convicted of or found |
454 | to have committed, or has pled nolo contendere or guilty to, |
455 | regardless of adjudication, any violation, or attempted |
456 | violation, of s. 787.01, s. 787.02, or s. 787.025, where the |
457 | victim is a minor and the defendant is not the victim's parent; |
458 | s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. |
459 | 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation |
460 | of a similar law of another jurisdiction, when the victim of the |
461 | offense was a minor, and who works, whether for compensation or |
462 | as a volunteer, at any business, school, day care center, park, |
463 | playground, or other place where children regularly congregate, |
464 | commits a felony of the third degree, punishable as provided in |
465 | s. 775.082, s. 775.083, or s. 775.084. |
466 | (c) Any person who misuses public records information |
467 | relating to a sexual predator, as defined in this section, or a |
468 | sexual offender, as defined in s. 943.0435 or s. 944.607, to |
469 | secure a payment from such a predator or offender; who knowingly |
470 | distributes or publishes false information relating to such a |
471 | predator or offender which the person misrepresents as being |
472 | public records information; or who materially alters public |
473 | records information with the intent to misrepresent the |
474 | information, including documents, summaries of public records |
475 | information provided by law enforcement agencies, or public |
476 | records information displayed by law enforcement agencies on |
477 | websites or provided through other means of communication, |
478 | commits a misdemeanor of the first degree, punishable as |
479 | provided in s. 775.082 or s. 775.083. |
480 | (d) A sexual predator who commits any act or omission in |
481 | violation of this section may be prosecuted for the act or |
482 | omission in the county in which the act or omission was |
483 | committed, the county of the last registered address of the |
484 | sexual predator, or the county in which the conviction occurred |
485 | for the offense or offenses that meet the criteria for |
486 | designating a person as a sexual predator. |
487 | (e) An arrest on charges of failure to register, the |
488 | service of an information or a complaint for a violation of this |
489 | section, or an arraignment on charges for a violation of this |
490 | section constitutes actual notice of the duty to register. A |
491 | sexual predator's failure to immediately register as required by |
492 | this section following such arrest, service, or arraignment |
493 | constitutes grounds for a subsequent charge of failure to |
494 | register. A sexual predator charged with the crime of failure to |
495 | register who asserts, or intends to assert, a lack of notice of |
496 | the duty to register as a defense to a charge of failure to |
497 | register shall immediately register as required by this section. |
498 | A sexual predator who is charged with a subsequent failure to |
499 | register may not assert the defense of a lack of notice of the |
500 | duty to register. |
501 | (f) Registration following such arrest, service, or |
502 | arraignment is not a defense and does not relieve the sexual |
503 | predator of criminal liability for the failure to register. |
504 | (g) The lack of a permanent or temporary residence is not |
505 | a defense and does not relieve the sexual predator of his or her |
506 | responsibility to register pursuant to the provisions of this |
507 | section. |
508 | Section 2. Paragraph (b) of subsection (1) and subsections |
509 | (3), (4), and (9) of section 943.0435, Florida Statutes, are |
510 | amended, and subsection (5) of said section is reenacted for the |
511 | purpose of incorporating the amendment to section 775.21, |
512 | Florida Statutes, in references thereto, to read: |
513 | 943.0435 Sexual offenders required to register with the |
514 | department; penalty.-- |
515 | (1) As used in this section, the term: |
516 | (b) "Convicted" means that there has been a determination |
517 | of guilt as a result of a trial or the entry of a plea of guilty |
518 | or nolo contendere, regardless of whether adjudication is |
519 | withheld. Conviction of a similar offense includes, but is not |
520 | limited to, a conviction by a federal or military tribunal, |
521 | including courts-martial conducted by the Armed Forces of the |
522 | United States, and includes a conviction or entry of a plea of |
523 | guilty or nolo contendere resulting in a sanction in any state of |
524 | the United States or other jurisdiction. A sanction includes, |
525 | but is not limited to, a fine, probation, community control, |
526 | parole, conditional release, control release, or incarceration |
527 | in a state prison, federal prison, private correctional |
528 | facility, or local detention facility. |
529 | (3) Within 48 hours after the report required under |
530 | subsection (2), a sexual offender shall report in person at a |
531 | driver's license office of the Department of Highway Safety and |
532 | Motor Vehicles, unless a driver's license or identification card |
533 | was previously secured or updated under s. 944.607(9). At the |
534 | driver's license office the sexual offender shall: |
535 | (a) If otherwise qualified, secure a Florida driver's |
536 | license, renew a Florida driver's license, or secure an |
537 | identification card. The sexual offender shall identify himself |
538 | or herself as a sexual offender who is required to comply with |
539 | this section and shall provide proof that the sexual offender |
540 | reported as required in subsection (2). The sexual offender |
541 | shall provide any of the information specified in subsection |
542 | (2), if requested. The sexual offender shall submit to the |
543 | taking of a photograph for use in issuing a driver's license, |
544 | renewed license, or identification card, and for use by the |
545 | department in maintaining current records of sexual offenders. |
546 | (b) Pay the costs assessed by the Department of Highway |
547 | Safety and Motor Vehicles for issuing or renewing a driver's |
548 | license or identification card as required by this section. |
549 | (c) Provide, upon request, any additional information |
550 | necessary to confirm the identity of the sexual offender, |
551 | including a set of fingerprints. |
552 | (4)(a) Each time a sexual offender's driver's license or |
553 | identification card is subject to renewal, and, without regard |
554 | to the status of the offender's driver's license or |
555 | identification card, within 48 hours after any change in the |
556 | offender's permanent or temporary residence or change in the |
557 | offender's name by reason of marriage or other legal process, |
558 | the offender shall report in person to a driver's license |
559 | office, and shall be subject to the requirements specified in |
560 | subsection (3). The Department of Highway Safety and Motor |
561 | Vehicles shall forward to the department all photographs and |
562 | information provided by sexual offenders. Notwithstanding the |
563 | restrictions set forth in s. 322.142, the Department of Highway |
564 | Safety and Motor Vehicles is authorized to release a |
565 | reproduction of a color-photograph or digital-image license to |
566 | the Department of Law Enforcement for purposes of public |
567 | notification of sexual offenders as provided in ss. 943.043, |
568 | 943.0435, and 944.606. |
569 | (b) A sexual offender who vacates a permanent residence |
570 | and fails to establish or maintain another permanent or |
571 | temporary residence shall, within 48 hours after vacating the |
572 | permanent residence, report in person to the department or the |
573 | sheriff's office of the county in which he or she is located. |
574 | The sexual offender shall specify the date upon which he or she |
575 | intends to or did vacate such residence. The sexual offender |
576 | must provide or update all of the registration information |
577 | required under paragraph (2)(b). The sexual offender must |
578 | provide an address for the residence or other location that he |
579 | or she is or will be occupying during the time in which he or |
580 | she fails to establish or maintain a permanent or temporary |
581 | residence. |
582 | (c) A sexual offender who remains at a permanent residence |
583 | after reporting his or her intent to vacate such residence |
584 | shall, within 48 hours after the date upon which the offender |
585 | indicated he or she would or did vacate such residence, report |
586 | in person to the agency to which he or she reported pursuant to |
587 | paragraph (b) for the purpose of reporting his or her address at |
588 | such residence. If the sheriff receives the report, the sheriff |
589 | shall promptly convey the information to the department. An |
590 | offender who makes a report as required under paragraph (b) but |
591 | fails to make a report as required under this paragraph commits |
592 | a felony of the second degree, punishable as provided in s. |
593 | 775.082, s. 775.083, or s. 775.084. |
594 | (5) This section does not apply to a sexual offender who |
595 | is also a sexual predator, as defined in s. 775.21. A sexual |
596 | predator must register as required under s. 775.21. |
597 | (9)(a) A sexual offender who does not comply with the |
598 | requirements of this section commits a felony of the third |
599 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
600 | 775.084. |
601 | (b) A sexual offender who commits any act or omission in |
602 | violation of this section may be prosecuted for the act or |
603 | omission in the county in which the act or omission was |
604 | committed, the county of the last registered address of the |
605 | sexual offender, or the county in which the conviction occurred |
606 | for the offense or offenses that meet the criteria for |
607 | designating a person as a sexual offender. |
608 | (c) An arrest on charges of failure to register, the |
609 | service of an information or a complaint for a violation of this |
610 | section, or an arraignment on charges for a violation of this |
611 | section constitutes actual notice of the duty to register. A |
612 | sexual offender's failure to immediately register as required by |
613 | this section following such arrest, service, or arraignment |
614 | constitutes grounds for a subsequent charge of failure to |
615 | register. A sexual offender charged with the crime of failure to |
616 | register who asserts, or intends to assert, a lack of notice of |
617 | the duty to register as a defense to a charge of failure to |
618 | register shall immediately register as required by this section. |
619 | A sexual offender who is charged with a subsequent failure to |
620 | register may not assert the defense of a lack of notice of the |
621 | duty to register. |
622 | (d) Registration following such arrest, service, or |
623 | arraignment is not a defense and does not relieve the sexual |
624 | offender of criminal liability for the failure to register. |
625 | (e) The lack of a permanent or temporary residence is not |
626 | a defense and does not relieve the sexual offender of his or her |
627 | responsibility to register pursuant to the provisions of this |
628 | section. |
629 | Section 3. Paragraph (a) of subsection (1) of section |
630 | 944.606, Florida Statutes, is amended to read: |
631 | 944.606 Sexual offenders; notification upon release.-- |
632 | (1) As used in this section: |
633 | (a) "Convicted" means there has been a determination of |
634 | guilt as a result of a trial or the entry of a plea of guilty or |
635 | nolo contendere, regardless of whether adjudication is withheld. |
636 | A conviction for a similar offense includes, but is not limited |
637 | to, a conviction by a federal or military tribunal, including |
638 | courts-martial conducted by the Armed Forces of the United |
639 | States, and includes a conviction or entry of a plea of guilty |
640 | or nolo contendere resulting in a sanction in any state of the |
641 | United States or other jurisdiction. A sanction includes, but is |
642 | not limited to, a fine, probation, community control, parole, |
643 | conditional release, control release, or incarceration in a |
644 | state prison, federal prison, private correctional facility, or |
645 | local detention facility. |
646 | Section 4. Paragraph (b) of subsection (1) and subsections |
647 | (4) and (10) of section 944.607, Florida Statutes, are amended, |
648 | and subsection (9) of said section is reenacted for the purpose |
649 | of incorporating the amendments to sections 775.21 and 943.0435, |
650 | Florida Statutes, in references thereto, to read: |
651 | 944.607 Notification to Department of Law Enforcement of |
652 | information on sexual offenders.-- |
653 | (1) As used in this section, the term: |
654 | (b) "Conviction" means a determination of guilt which is |
655 | the result of a trial or the entry of a plea of guilty or nolo |
656 | contendere, regardless of whether adjudication is withheld. |
657 | Conviction of a similar offense includes, but is not limited to, |
658 | a conviction by a federal or military tribunal, including |
659 | courts-martial conducted by the Armed Forces of the United |
660 | States, and includes a conviction or entry of a plea of guilty |
661 | or nolo contendere resulting in a sanction in any state of the |
662 | United States or other jurisdiction. A sanction includes, but is |
663 | not limited to, a fine, probation, community control, parole, |
664 | conditional release, control release, or incarceration in a |
665 | state prison, federal prison, private correctional facility, or |
666 | local detention facility. |
667 | (4) A sexual offender, as described in this section, who |
668 | is under the supervision of the Department of Corrections but is |
669 | not incarcerated must register with the Department of |
670 | Corrections and provide the following information as required by |
671 | this subsection.: |
672 | (a) The sexual offender must provide his or her name; date |
673 | of birth; social security number; race; sex; height; weight; |
674 | hair and eye color; tattoos or other identifying marks; and |
675 | permanent or legal residence and address of temporary residence |
676 | within the state or out of state while the sexual offender is |
677 | under supervision in this state, including any rural route |
678 | address or post office box. The Department of Corrections shall |
679 | verify the address of each sexual offender in the manner |
680 | described in ss. 775.21 and 943.0435. |
681 | (b) If the sexual offender is enrolled, employed, or |
682 | carrying on a vocation at an institution of higher education in |
683 | this state, the sexual offender must provide the name, address, |
684 | and county of each institution, including each campus attended, |
685 | and the sexual offender's enrollment or employment status. Each |
686 | change in enrollment or employment status shall be reported to |
687 | the department within 48 hours after the change in status. The |
688 | Department of Corrections shall promptly notify each institution |
689 | of the sexual offender's presence and any change in the sexual |
690 | offender's enrollment or employment status. |
691 | (9) A sexual offender, as described in this section, who |
692 | is under the supervision of the Department of Corrections but |
693 | who is not incarcerated shall, in addition to the registration |
694 | requirements provided in subsection (4), register in the manner |
695 | provided in s. 943.0435(3), (4), and (5), unless the sexual |
696 | offender is a sexual predator, in which case he or she shall |
697 | register as required under s. 775.21. A sexual offender who |
698 | fails to comply with the requirements of s. 943.0435 is subject |
699 | to the penalties provided in s. 943.0435(9). |
700 | (10)(a) The failure of a sexual offender to submit to the |
701 | taking of a digitized photograph, or to otherwise comply with |
702 | the requirements of this section, is a felony of the third |
703 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
704 | 775.084. |
705 | (b) A sexual offender who commits any act or omission in |
706 | violation of this section may be prosecuted for the act or |
707 | omission in the county in which the act or omission was |
708 | committed, the county of the last registered address of the |
709 | sexual offender, or the county in which the conviction occurred |
710 | for the offense or offenses that meet the criteria for |
711 | designating a person as a sexual offender. |
712 | (c) An arrest on charges of failure to register, the |
713 | service of an information or a complaint for a violation of this |
714 | section, or an arraignment on charges for a violation of this |
715 | section constitutes actual notice of the duty to register. A |
716 | sexual offender's failure to immediately register as required by |
717 | this section following such arrest, service, or arraignment |
718 | constitutes grounds for a subsequent charge of failure to |
719 | register. A sexual offender charged with the crime of failure to |
720 | register who asserts, or intends to assert, a lack of notice of |
721 | the duty to register as a defense to a charge of failure to |
722 | register shall immediately register as required by this section. |
723 | A sexual offender who is charged with a subsequent failure to |
724 | register may not assert the defense of a lack of notice of the |
725 | duty to register. |
726 | (d) Registration following such arrest, service, or |
727 | arraignment is not a defense and does not relieve the sexual |
728 | offender of criminal liability for the failure to register. |
729 | (e) The lack of a permanent or temporary residence is not |
730 | a defense and does not relieve the sexual offender of his or her |
731 | responsibility to register pursuant to the provisions of this |
732 | section. |
733 | Section 5. For the purpose of incorporating the amendments |
734 | to sections 775.21, 943.0435, and 944.607, Florida Statutes, in |
735 | references thereto, subsection (5) of section 775.13, Florida |
736 | Statutes, is reenacted to read: |
737 | 775.13 Registration of convicted felons, exemptions; |
738 | penalties.-- |
739 | (5) This section does not apply to an offender: |
740 | (a) Who has had his or her civil rights restored; |
741 | (b) Who has received a full pardon for the offense for |
742 | which convicted; |
743 | (c) Who has been lawfully released from incarceration or |
744 | other sentence or supervision for a felony conviction for more |
745 | than 5 years prior to such time for registration, unless the |
746 | offender is a fugitive from justice on a felony charge or has |
747 | been convicted of any offense since release from such |
748 | incarceration or other sentence or supervision; |
749 | (d) Who is a parolee or probationer under the supervision |
750 | of the United States Parole Commission if the commission knows |
751 | of and consents to the presence of the offender in Florida or is |
752 | a probationer under the supervision of any federal probation |
753 | officer in the state or who has been lawfully discharged from |
754 | such parole or probation; |
755 | (e) Who is a sexual predator and has registered as |
756 | required under s. 775.21; |
757 | (f) Who is a sexual offender and has registered as |
758 | required in s. 943.0435 or s. 944.607; or |
759 | (g) Who is a career offender who has registered as |
760 | required in s. 775.261 or s. 944.609. |
761 | Section 6. For the purpose of incorporating the amendments |
762 | to sections 943.0435, 944.606, and 944.607, Florida Statutes, in |
763 | references thereto, subsection (2) of section 943.0436, Florida |
764 | Statutes, is reenacted to read: |
765 | 943.0436 Duty of the court to uphold laws governing sexual |
766 | predators and sexual offenders.-- |
767 | (2) If a person meets the criteria in chapter 775 for |
768 | designation as a sexual predator or meets the criteria in s. |
769 | 943.0435, s. 944.606, s. 944.607, or any other law for |
770 | classification as a sexual offender, the court may not enter an |
771 | order, for the purpose of approving a plea agreement or for any |
772 | other reason, which: |
773 | (a) Exempts a person who meets the criteria for |
774 | designation as a sexual predator or classification as a sexual |
775 | offender from such designation or classification, or exempts |
776 | such person from the requirements for registration or community |
777 | and public notification imposed upon sexual predators and sexual |
778 | offenders; |
779 | (b) Restricts the compiling, reporting, or release of |
780 | public records information that relates to sexual predators or |
781 | sexual offenders; or |
782 | (c) Prevents any person or entity from performing its |
783 | duties or operating within its statutorily conferred authority |
784 | as such duty or authority relates to sexual predators or sexual |
785 | offenders. |
786 | Section 7. For the purpose of incorporating the amendments |
787 | to sections 943.0435, 944.606, and 944.607, Florida Statutes, in |
788 | references thereto, subsection (2) of section 775.24, Florida |
789 | Statutes, is reenacted to read: |
790 | 775.24 Duty of the court to uphold laws governing sexual |
791 | predators and sexual offenders.-- |
792 | (2) If a person meets the criteria in this chapter for |
793 | designation as a sexual predator or meets the criteria in s. |
794 | 943.0435, s. 944.606, s. 944.607, or any other law for |
795 | classification as a sexual offender, the court may not enter an |
796 | order, for the purpose of approving a plea agreement or for any |
797 | other reason, which: |
798 | (a) Exempts a person who meets the criteria for |
799 | designation as a sexual predator or classification as a sexual |
800 | offender from such designation or classification, or exempts |
801 | such person from the requirements for registration or community |
802 | and public notification imposed upon sexual predators and sexual |
803 | offenders; |
804 | (b) Restricts the compiling, reporting, or release of |
805 | public records information that relates to sexual predators or |
806 | sexual offenders; or |
807 | (c) Prevents any person or entity from performing its |
808 | duties or operating within its statutorily conferred authority |
809 | as such duty or authority relates to sexual predators or sexual |
810 | offenders. |
811 | Section 8. For the purpose of incorporating the amendments |
812 | to sections 775.21, 943.0435, 944.606, and 944.607, Florida |
813 | Statutes, in references thereto, section 775.25, Florida |
814 | Statutes, is reenacted to read: |
815 | 775.25 Prosecutions for acts or omissions.--A sexual |
816 | predator or sexual offender who commits any act or omission in |
817 | violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. |
818 | 944.607, or s. 947.177 may be prosecuted for the act or omission |
819 | in the county in which the act or omission was committed, the |
820 | county of the last registered address of the sexual predator or |
821 | sexual offender, or the county in which the conviction occurred |
822 | for the offense or offenses that meet the criteria for |
823 | designating a person as a sexual predator or sexual offender. In |
824 | addition, a sexual predator may be prosecuted for any such act |
825 | or omission in the county in which he or she was designated a |
826 | sexual predator. |
827 | Section 9. For the purpose of incorporating the amendments |
828 | to sections 775.21, 943.0435, and 944.607, Florida Statutes, in |
829 | references thereto, paragraph (b) of subsection (3) of section |
830 | 775.261, Florida Statutes, is reenacted to read: |
831 | 775.261 The Florida Career Offender Registration Act; |
832 | definitions; criteria; designation; registration; community |
833 | notification; immunity; penalties.-- |
834 | (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.-- |
835 | (b) This section does not apply to any person who has been |
836 | designated as a sexual predator and required to register under |
837 | s. 775.21 or who is required to register as a sexual offender |
838 | under s. 943.0435 or s. 944.607. However, if a person is no |
839 | longer required to register as a sexual predator under s. 775.21 |
840 | or as a sexual offender under s. 943.0435 or s. 944.607, the |
841 | person must register as a career offender under this section if |
842 | the person is otherwise designated as a career offender as |
843 | provided in this section. |
844 | Section 10. For the purpose of incorporating the |
845 | amendments to sections 775.21 and 943.0435, Florida Statutes, in |
846 | references thereto, paragraph (f) of subsection (3) of section |
847 | 921.0022, Florida Statutes, is reenacted to read: |
848 | 921.0022 Criminal Punishment Code; offense severity |
849 | ranking chart.-- |
850 | (3) OFFENSE SEVERITY RANKING CHART |
| |
FloridaStatute | FelonyDegree | Description |
|
851 |
|
| |
852 |
|
| |
316.193(2)(b) | 3rd | Felony DUI, 4th or subsequent conviction. |
|
853 |
|
| |
499.0051(3) | 2nd | Forgery of pedigree papers. |
|
854 |
|
| |
499.0051(4) | 2nd | Purchase or receipt of legend drug from unauthorized person. |
|
855 |
|
| |
499.0051(5) | 2nd | Sale of legend drug to unauthorized person. |
|
856 |
|
| |
775.0875(1) | 3rd | Taking firearm from law enforcement officer. |
|
857 |
|
| |
775.21(10) | 3rd | Sexual predators; failure to register; failure to renew driver's license or identification card. |
|
858 |
|
| |
784.021(1)(a) | 3rd | Aggravated assault; deadly weapon without intent to kill. |
|
859 |
|
| |
784.021(1)(b) | 3rd | Aggravated assault; intent to commit felony. |
|
860 |
|
| |
784.041 | 3rd | Felony battery. |
|
861 |
|
| |
784.048(3) | 3rd | Aggravated stalking; credible threat. |
|
862 |
|
| |
784.048(5) | 3rd | Aggravated stalking of person under 16. |
|
863 |
|
| |
784.07(2)(c) | 2nd | Aggravated assault on law enforcement officer. |
|
864 |
|
| |
784.074(1)(b) | 2nd | Aggravated assault on sexually violent predators facility staff. |
|
865 |
|
| |
784.08(2)(b) | 2nd | Aggravated assault on a person 65 years of age or older. |
|
866 |
|
| |
784.081(2) | 2nd | Aggravated assault on specified official or employee. |
|
867 |
|
| |
784.082(2) | 2nd | Aggravated assault by detained person on visitor or other detainee. |
|
868 |
|
| |
784.083(2) | 2nd | Aggravated assault on code inspector. |
|
869 |
|
| |
787.02(2) | 3rd | False imprisonment; restraining with purpose other than those in s. 787.01. |
|
870 |
|
| |
790.115(2)(d) | 2nd | Discharging firearm or weapon on school property. |
|
871 |
|
| |
790.161(2) | 2nd | Make, possess, or throw destructive device with intent to do bodily harm or damage property. |
|
872 |
|
| |
790.164(1) | 2nd | False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property. |
|
873 |
|
| |
790.19 | 2nd | Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. |
|
874 |
|
| |
794.011(8)(a) | 3rd | Solicitation of minor to participate in sexual activity by custodial adult. |
|
875 |
|
| |
794.05(1) | 2nd | Unlawful sexual activity with specified minor. |
|
876 |
|
| |
800.04(5)(d) | 3rd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. |
|
877 |
|
| |
800.04(6)(b) | 2nd | Lewd or lascivious conduct; offender 18 years of age or older. |
|
878 |
|
| |
806.031(2) | 2nd | Arson resulting in great bodily harm to firefighter or any other person. |
|
879 |
|
| |
810.02(3)(c) | 2nd | Burglary of occupied structure; unarmed; no assault or battery. |
|
880 |
|
| |
812.014(2)(b)1. | 2nd | Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. |
|
881 |
|
| |
812.014(2)(b)2. | 2nd | Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree. |
|
882 |
|
| |
812.015(9) | 2nd | Retail theft; property stolen $300 or more; second or subsequent conviction. |
|
883 |
|
| |
812.13(2)(c) | 2nd | Robbery, no firearm or other weapon (strong-arm robbery). |
|
884 |
|
| |
817.034(4)(a)1. | 1st | Communications fraud, value greater than $50,000. |
|
885 |
|
| |
817.4821(5) | 2nd | Possess cloning paraphernalia with intent to create cloned cellular telephones. |
|
886 |
|
| |
825.102(1) | 3rd | Abuse of an elderly person or disabled adult. |
|
887 |
|
| |
825.102(3)(c) | 3rd | Neglect of an elderly person or disabled adult. |
|
888 |
|
| |
825.1025(3) | 3rd | Lewd or lascivious molestation of an elderly person or disabled adult. |
|
889 |
|
| |
825.103(2)(c) | 3rd | Exploiting an elderly person or disabled adult and property is valued at less than $20,000. |
|
890 |
|
| |
827.03(1) | 3rd | Abuse of a child. |
|
891 |
|
| |
827.03(3)(c) | 3rd | Neglect of a child. |
|
892 |
|
| |
827.071(2)&(3) | 2nd | Use or induce a child in a sexual performance, or promote or direct such performance. |
|
893 |
|
| |
836.05 | 2nd | Threats; extortion. |
|
894 |
|
| |
836.10 | 2nd | Written threats to kill or do bodily injury. |
|
895 |
|
| |
843.12 | 3rd | Aids or assists person to escape. |
|
896 |
|
| |
847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. |
|
897 |
|
| |
914.23 | 2nd | Retaliation against a witness, victim, or informant, with bodily injury. |
|
898 |
|
| |
943.0435(9) | 3rd | Sex offenders; failure to comply with reporting requirements. |
|
899 |
|
| |
944.35(3)(a)2. | 3rd | Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. |
|
900 |
|
| |
901 |
|
| |
944.46 | 3rd | Harboring, concealing, aiding escaped prisoners. |
|
902 |
|
| |
944.47(1)(a)5. | 2nd | Introduction of contraband (firearm, weapon, or explosive) into correctional facility. |
|
903 |
|
| |
951.22(1) | 3rd | Intoxicating drug, firearm, or weapon introduced into county facility. |
|
904 |
|
905 | Section 11. For the purpose of incorporating the |
906 | amendments to sections 775.21 and 944.607, Florida Statutes, in |
907 | references thereto, subsection (7) of section 944.608, Florida |
908 | Statutes, is reenacted to read: |
909 | 944.608 Notification to Department of Law Enforcement of |
910 | information on career offenders.-- |
911 | (7) A career offender who is under the supervision of the |
912 | department but who is not incarcerated shall, in addition to the |
913 | registration requirements provided in subsection (3), register |
914 | in the manner provided in s. 775.261(4)(c), unless the career |
915 | offender is a sexual predator, in which case he or she shall |
916 | register as required under s. 775.21, or is a sexual offender, |
917 | in which case he or she shall register as required in s. |
918 | 944.607. A career offender who fails to comply with the |
919 | requirements of s. 775.261(4) is subject to the penalties |
920 | provided in s. 775.261(8). |
921 | Section 12. For the purpose of incorporating the amendment |
922 | to section 775.21, Florida Statutes, in a reference thereto, |
923 | paragraph (d) of subsection (1) of section 39.806, Florida |
924 | Statutes, is reenacted to read: |
925 | 39.806 Grounds for termination of parental rights.-- |
926 | (1) The department, the guardian ad litem, or any person |
927 | who has knowledge of the facts alleged or who is informed of |
928 | those facts and believes that they are true may petition for the |
929 | termination of parental rights under any of the following |
930 | circumstances: |
931 | (d) When the parent of a child is incarcerated in a state |
932 | or federal correctional institution and either: |
933 | 1. The period of time for which the parent is expected to |
934 | be incarcerated will constitute a substantial portion of the |
935 | period of time before the child will attain the age of 18 years; |
936 | 2. The incarcerated parent has been determined by the |
937 | court to be a violent career criminal as defined in s. 775.084, |
938 | a habitual violent felony offender as defined in s. 775.084, or |
939 | a sexual predator as defined in s. 775.21; has been convicted of |
940 | first degree or second degree murder in violation of s. 782.04 |
941 | or a sexual battery that constitutes a capital, life, or first |
942 | degree felony violation of s. 794.011; or has been convicted of |
943 | an offense in another jurisdiction which is substantially |
944 | similar to one of the offenses listed in this paragraph. As used |
945 | in this section, the term "substantially similar offense" means |
946 | any offense that is substantially similar in elements and |
947 | penalties to one of those listed in this subparagraph, and that |
948 | is in violation of a law of any other jurisdiction, whether that |
949 | of another state, the District of Columbia, the United States or |
950 | any possession or territory thereof, or any foreign |
951 | jurisdiction; or |
952 | 3. The court determines by clear and convincing evidence |
953 | that continuing the parental relationship with the incarcerated |
954 | parent would be harmful to the child and, for this reason, that |
955 | termination of the parental rights of the incarcerated parent is |
956 | in the best interest of the child. |
957 | Section 13. For the purpose of incorporating the amendment |
958 | to section 775.21, Florida Statutes, in a reference thereto, |
959 | paragraph (b) of subsection (4) of section 63.089, Florida |
960 | Statutes, is reenacted to read: |
961 | 63.089 Proceeding to terminate parental rights pending |
962 | adoption; hearing; grounds; dismissal of petition; judgment.-- |
963 | (4) FINDING OF ABANDONMENT.--A finding of abandonment |
964 | resulting in a termination of parental rights must be based upon |
965 | clear and convincing evidence that a parent or person having |
966 | legal custody has abandoned the child in accordance with the |
967 | definition contained in s. 63.032(1). A finding of abandonment |
968 | may be based upon emotional abuse or a refusal to provide |
969 | reasonable financial support, when able, to a birth mother |
970 | during her pregnancy. If, in the opinion of the court, the |
971 | efforts of a parent or person having legal custody of the child |
972 | to support and communicate with the child are only marginal |
973 | efforts that do not evince a settled purpose to assume all |
974 | parental duties, the court may declare the child to be |
975 | abandoned. In making this decision, the court may consider the |
976 | conduct of a father toward the child's mother during her |
977 | pregnancy. |
978 | (b) The child has been abandoned when the parent of a |
979 | child is incarcerated on or after October 1, 2001, in a state or |
980 | federal correctional institution and: |
981 | 1. The period of time for which the parent is expected to |
982 | be incarcerated will constitute a substantial portion of the |
983 | period of time before the child will attain the age of 18 years; |
984 | 2. The incarcerated parent has been determined by the |
985 | court to be a violent career criminal as defined in s. 775.084, |
986 | a habitual violent felony offender as defined in s. 775.084, |
987 | convicted of child abuse as defined in s. 827.03, or a sexual |
988 | predator as defined in s. 775.21; has been convicted of first |
989 | degree or second degree murder in violation of s. 782.04 or a |
990 | sexual battery that constitutes a capital, life, or first degree |
991 | felony violation of s. 794.011; or has been convicted of an |
992 | offense in another jurisdiction which is substantially similar |
993 | to one of the offenses listed in this subparagraph. As used in |
994 | this section, the term "substantially similar offense" means any |
995 | offense that is substantially similar in elements and penalties |
996 | to one of those listed in this subparagraph, and that is in |
997 | violation of a law of any other jurisdiction, whether that of |
998 | another state, the District of Columbia, the United States or |
999 | any possession or territory thereof, or any foreign |
1000 | jurisdiction; or |
1001 | 3. The court determines by clear and convincing evidence |
1002 | that continuing the parental relationship with the incarcerated |
1003 | parent would be harmful to the child and, for this reason, that |
1004 | termination of the parental rights of the incarcerated parent is |
1005 | in the best interest of the child. |
1006 | Section 14. For the purpose of incorporating the amendment |
1007 | to section 775.21, Florida Statutes, in a reference thereto, |
1008 | subsection (3) of section 63.092, Florida Statutes, is reenacted |
1009 | to read: |
1010 | 63.092 Report to the court of intended placement by an |
1011 | adoption entity; at-risk placement; preliminary study.-- |
1012 | (3) PRELIMINARY HOME STUDY.--Before placing the minor in |
1013 | the intended adoptive home, a preliminary home study must be |
1014 | performed by a licensed child-placing agency, a child-caring |
1015 | agency registered under s. 409.176, a licensed professional, or |
1016 | agency described in s. 61.20(2), unless the adoptee is an adult |
1017 | or the petitioner is a stepparent or a relative. If the adoptee |
1018 | is an adult or the petitioner is a stepparent or a relative, a |
1019 | preliminary home study may be required by the court for good |
1020 | cause shown. The department is required to perform the |
1021 | preliminary home study only if there is no licensed child- |
1022 | placing agency, child-caring agency registered under s. 409.176, |
1023 | licensed professional, or agency described in s. 61.20(2), in |
1024 | the county where the prospective adoptive parents reside. The |
1025 | preliminary home study must be made to determine the suitability |
1026 | of the intended adoptive parents and may be completed prior to |
1027 | identification of a prospective adoptive minor. A favorable |
1028 | preliminary home study is valid for 1 year after the date of its |
1029 | completion. Upon its completion, a copy of the home study must |
1030 | be provided to the intended adoptive parents who were the |
1031 | subject of the home study. A minor may not be placed in an |
1032 | intended adoptive home before a favorable preliminary home study |
1033 | is completed unless the adoptive home is also a licensed foster |
1034 | home under s. 409.175. The preliminary home study must include, |
1035 | at a minimum: |
1036 | (a) An interview with the intended adoptive parents; |
1037 | (b) Records checks of the department's central abuse |
1038 | registry and criminal records correspondence checks pursuant to |
1039 | s. 435.045 through the Department of Law Enforcement on the |
1040 | intended adoptive parents; |
1041 | (c) An assessment of the physical environment of the home; |
1042 | (d) A determination of the financial security of the |
1043 | intended adoptive parents; |
1044 | (e) Documentation of counseling and education of the |
1045 | intended adoptive parents on adoptive parenting; |
1046 | (f) Documentation that information on adoption and the |
1047 | adoption process has been provided to the intended adoptive |
1048 | parents; |
1049 | (g) Documentation that information on support services |
1050 | available in the community has been provided to the intended |
1051 | adoptive parents; and |
1052 | (h) A copy of each signed acknowledgment of receipt of |
1053 | disclosure required by s. 63.085. |
1054 |
|
1055 | If the preliminary home study is favorable, a minor may be |
1056 | placed in the home pending entry of the judgment of adoption. A |
1057 | minor may not be placed in the home if the preliminary home |
1058 | study is unfavorable. If the preliminary home study is |
1059 | unfavorable, the adoption entity may, within 20 days after |
1060 | receipt of a copy of the written recommendation, petition the |
1061 | court to determine the suitability of the intended adoptive |
1062 | home. A determination as to suitability under this subsection |
1063 | does not act as a presumption of suitability at the final |
1064 | hearing. In determining the suitability of the intended adoptive |
1065 | home, the court must consider the totality of the circumstances |
1066 | in the home. No minor may be placed in a home in which there |
1067 | resides any person determined by the court to be a sexual |
1068 | predator as defined in s. 775.21 or to have been convicted of an |
1069 | offense listed in s. 63.089(4)(b)2. |
1070 | Section 15. For the purpose of incorporating the amendment |
1071 | to section 775.21, Florida Statutes, in references thereto, |
1072 | subsection (4) of section 944.609, Florida Statutes, is |
1073 | reenacted to read: |
1074 | 944.609 Career offenders; notification upon release.-- |
1075 | (4) The department or any law enforcement agency may |
1076 | notify the community and the public of a career offender's |
1077 | presence in the community. However, with respect to a career |
1078 | offender who has been found to be a sexual predator under s. |
1079 | 775.21, the Department of Law Enforcement or any other law |
1080 | enforcement agency must inform the community and the public of |
1081 | the career offender's presence in the community, as provided in |
1082 | s. 775.21. |
1083 | Section 16. For the purpose of incorporating the amendment |
1084 | to section 775.21, Florida Statutes, in a reference thereto, |
1085 | paragraph (c) of subsection (2) of section 947.1405, Florida |
1086 | Statutes, is reenacted to read: |
1087 | 947.1405 Conditional release program.-- |
1088 | (2) Any inmate who: |
1089 | (c) Is found to be a sexual predator under s. 775.21 or |
1090 | former s. 775.23, |
1091 |
|
1092 | shall, upon reaching the tentative release date or provisional |
1093 | release date, whichever is earlier, as established by the |
1094 | Department of Corrections, be released under supervision subject |
1095 | to specified terms and conditions, including payment of the cost |
1096 | of supervision pursuant to s. 948.09. Such supervision shall be |
1097 | applicable to all sentences within the overall term of sentences |
1098 | if an inmate's overall term of sentences includes one or more |
1099 | sentences that are eligible for conditional release supervision |
1100 | as provided herein. Effective July 1, 1994, and applicable for |
1101 | offenses committed on or after that date, the commission may |
1102 | require, as a condition of conditional release, that the |
1103 | releasee make payment of the debt due and owing to a county or |
1104 | municipal detention facility under s. 951.032 for medical care, |
1105 | treatment, hospitalization, or transportation received by the |
1106 | releasee while in that detention facility. The commission, in |
1107 | determining whether to order such repayment and the amount of |
1108 | such repayment, shall consider the amount of the debt, whether |
1109 | there was any fault of the institution for the medical expenses |
1110 | incurred, the financial resources of the releasee, the present |
1111 | and potential future financial needs and earning ability of the |
1112 | releasee, and dependents, and other appropriate factors. If any |
1113 | inmate placed on conditional release supervision is also subject |
1114 | to probation or community control, resulting from a probationary |
1115 | or community control split sentence within the overall term of |
1116 | sentences, the Department of Corrections shall supervise such |
1117 | person according to the conditions imposed by the court and the |
1118 | commission shall defer to such supervision. If the court revokes |
1119 | probation or community control and resentences the offender to a |
1120 | term of incarceration, such revocation also constitutes a |
1121 | sufficient basis for the revocation of the conditional release |
1122 | supervision on any nonprobationary or noncommunity control |
1123 | sentence without further hearing by the commission. If any such |
1124 | supervision on any nonprobationary or noncommunity control |
1125 | sentence is revoked, such revocation may result in a forfeiture |
1126 | of all gain-time, and the commission may revoke the resulting |
1127 | deferred conditional release supervision or take other action it |
1128 | considers appropriate. If the term of conditional release |
1129 | supervision exceeds that of the probation or community control, |
1130 | then, upon expiration of the probation or community control, |
1131 | authority for the supervision shall revert to the commission and |
1132 | the supervision shall be subject to the conditions imposed by |
1133 | the commission. A panel of no fewer than two commissioners shall |
1134 | establish the terms and conditions of any such release. If the |
1135 | offense was a controlled substance violation, the conditions |
1136 | shall include a requirement that the offender submit to random |
1137 | substance abuse testing intermittently throughout the term of |
1138 | conditional release supervision, upon the direction of the |
1139 | correctional probation officer as defined in s. 943.10(3). The |
1140 | commission shall also determine whether the terms and conditions |
1141 | of such release have been violated and whether such violation |
1142 | warrants revocation of the conditional release. |
1143 | Section 17. For the purpose of incorporating the amendment |
1144 | to section 775.21, Florida Statutes, in a reference thereto, |
1145 | subsection (3) of section 948.12, Florida Statutes, is reenacted |
1146 | to read: |
1147 | 948.12 Intensive supervision for postprison release of |
1148 | violent offenders.--It is the finding of the Legislature that |
1149 | the population of violent offenders released from state prison |
1150 | into the community poses the greatest threat to the public |
1151 | safety of the groups of offenders under community supervision. |
1152 | Therefore, for the purpose of enhanced public safety, any |
1153 | offender released from state prison who: |
1154 | (3) Has been found to be a sexual predator pursuant to s. |
1155 | 775.21, |
1156 |
|
1157 | and who has a term of probation to follow the period of |
1158 | incarceration shall be provided intensive supervision by |
1159 | experienced correctional probation officers. Subject to specific |
1160 | appropriation by the Legislature, caseloads may be restricted to |
1161 | a maximum of 40 offenders per officer to provide for enhanced |
1162 | public safety as well as to effectively monitor conditions of |
1163 | electronic monitoring or curfews, if such was ordered by the |
1164 | court. |
1165 | Section 18. This act shall take effect July 1, 2004. |