HB 1641

CS

CHAMBER ACTION

1	The Committee on Public Safety & Crime Prevention recommends the
2	following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to the designation and registration of
8	sexual predators and sexual offenders; amending s. 775.21,
9	F.S.; amending the definition of the term "conviction";
10	providing that an offender who has been designated as a
11	sexually violent predator under the civil commitment
12	proceedings provided in ch. 394, F.S., meets the criteria
13	for designation as a sexual predator under the Florida
14	Sexual Predators Act; providing that such offender shall
15	be subject to the registration and notification
16	requirements of the act; providing that such offender
17	shall be designated a sexual predator pursuant to an order
18	of the committing court; requiring the committing court of
19	such offender to make a written finding that the offender
20	is a sexual predator for purposes of the act; requiring
21	the clerk to transmit a copy of the committing court's
22	order to the Department of Law Enforcement within a time
23	certain; specifying circumstances in which the state
24	attorney shall seek a hearing to determine whether the
25	offender's record of civil commitment or criminal record
26	from another jurisdiction meets the criteria for
27	designation as a sexual predator; clarifying circumstances
28	related to the registration requirements applicable to
29	sexual predators; clarifying that registration
30	requirements apply each time the driver's license or
31	identification card of a sexual predator is subject to
32	renewal and also apply after each change in specified
33	information; specifying registration and reporting
34	requirements for sexual predators in circumstances where
35	the predator has vacated or intends to vacate a permanent
36	residence; specifying reporting requirements in
37	circumstances where the sexual predator remains at or
38	returns to a permanent residence; revising and clarifying
39	the circumstances in which criminal penalties apply to
40	sexual predators for acts or omissions related to
41	registration; specifying venue for the prosecution of a
42	sexual predator in circumstances involving acts or
43	omissions concerning the failure to register as required;
44	providing that an arrest, information, complaint, or
45	arraignment related to charges of failure to register
46	constitutes actual notice of the duty to register in
47	certain circumstances; providing that the failure of a
48	sexual predator to immediately register following such
49	notice constitutes grounds for a subsequent charge;
50	requiring any sexual predator who asserts, or intends to
51	assert, a lack of notice of the duty to register as a
52	defense to a charge of failure to register to immediately
53	register as required; providing that a sexual predator who
54	is charged with a subsequent failure to register may not
55	assert the defense of a lack of notice of the duty to
56	register; providing that registration following arrest,
57	service, or arraignment related to a charge of failure to
58	register is not a defense and does not relieve the sexual
59	predator of criminal liability for the failure to
60	register; conforming a cross reference; amending s.
61	943.0435, F.S.; amending the definition of the term
62	"convicted"; clarifying that registration requirements
63	apply each time the driver's license or identification
64	card of a sexual offender is subject to renewal and also
65	apply after each change in specified information;
66	specifying registration and reporting requirements for
67	sexual offenders in circumstances where the offender has
68	vacated or intends to vacate a permanent residence;
69	specifying reporting requirements in circumstances where
70	the sexual offender remains at or returns to a permanent
71	residence; revising and clarifying the circumstances in
72	which criminal penalties apply to sexual offenders for
73	acts or omissions related to registration; specifying
74	venue for the prosecution of a sexual offender in
75	circumstances involving acts or omissions concerning the
76	failure to register as required; providing that an arrest,
77	information, complaint, or arraignment related to charges
78	of failure to register constitutes actual notice of the
79	duty to register in certain circumstances; providing that
80	the failure of a sexual offender to immediately register
81	following such notice constitutes grounds for a subsequent
82	charge; requiring any sexual offender who asserts, or
83	intends to assert, a lack of notice of the duty to
84	register as a defense to a charge of failure to register
85	to immediately register as required; providing that a
86	sexual offender who is charged with a subsequent failure
87	to register may not assert the defense of a lack of notice
88	of the duty to register; providing that registration
89	following arrest, service, or arraignment related to a
90	charge of failure to register is not a defense and does
91	not relieve the sexual offender of criminal liability for
92	the failure to register; revising a cross reference;
93	amending s. 944.606, F.S.; amending the definition of the
94	term "convicted"; amending s. 944.607, F.S.; amending the
95	definition of the term "conviction"; clarifying
96	circumstances relating to the registration requirements
97	applicable to sexual offenders; revising and clarifying
98	the circumstances in which criminal penalties apply to
99	sexual offenders for acts or omissions related to
100	registration; specifying venue for the prosecution of a
101	sexual offender in circumstances involving acts or
102	omissions concerning the failure to register as required;
103	providing that an arrest, information, complaint, or
104	arraignment related to charges of failure to register
105	constitutes actual notice of the duty to register in
106	certain circumstances; providing that the failure of a
107	sexual offender to immediately register following such
108	notice constitutes grounds for a subsequent charge;
109	requiring any sexual offender who asserts, or intends to
110	assert, a lack of notice of the duty to register as a
111	defense to a charge of failure to register to immediately
112	register as required; providing that a sexual offender who
113	is charged with a subsequent failure to register may not
114	assert the defense of a lack of notice of the duty to
115	register; providing that registration following arrest,
116	service, or arraignment related to a charge of failure to
117	register is not a defense and does not relieve the sexual
118	offender of criminal liability for the failure to
119	register; reenacting s. 775.21(5)(d) and (6)(l), F.S.,
120	relating to the Florida Sexual Predators Act, for the
121	purpose of incorporating the amendments to ss. 943.0435
122	and 944.607, F.S., in references thereto; reenacting s.
123	943.0435(5), F.S., relating to sexual offender
124	registration requirements, for the purpose of
125	incorporating the amendment to s. 775.21, F.S., in
126	references thereto; reenacting s. 944.607(9), F.S.,
127	relating to notification concerning sexual offenders to
128	the Department of Law Enforcement, for the purpose of
129	incorporating the amendments to ss. 775.21 and 943.0435,
130	F.S., in references thereto; reenacting ss. 775.24(2) and
131	943.0436(2), F.S., relating to the duty of the court to
132	uphold laws governing sexual predators and sexual
133	offenders, for the purpose of incorporating the amendments
134	to ss. 943.0435, 944.606, and 944.607, F.S., in references
135	thereto; reenacting s. 775.25, F.S., relating to the venue
136	for prosecutions of sexual predators for acts or omissions
137	relating to registration requirements, for the purpose of
138	incorporating the amendments to ss. 775.21, 943.0435,
139	944.606, and 944.607, F.S., in references thereto;
140	reenacting ss. 775.13(5) and 775.261(3)(b), F.S., relating
141	to the registration of convicted sexual predators and
142	sexual offenders and criteria for registration under the
143	Florida Career Offender Registration Act, respectively,
144	for the purpose of incorporating the amendments to ss.
145	775.21, 943.0435, and 944.607, F.S., in references
146	thereto; reenacting s. 921.0022(3)(f), F.S., relating to
147	the ranking of criminal offenses related to the failure of
148	a sexual offender or sexual predator to register in the
149	offense severity ranking chart of the Criminal Punishment
150	Code, for the purpose of incorporating the amendments to
151	ss. 775.21 and 943.0435, F.S., in references thereto;
152	reenacting s. 944.608(7), F.S., relating to notification
153	to the Department of Law Enforcement of information on
154	career offenders, for the purpose of incorporating the
155	amendments to ss. 775.21 and 944.607, F.S., in references
156	thereto; reenacting ss. 39.806(1)(d), 63.089(4)(b),
157	63.092(3), 944.609(4), 947.1405(2)(c), and 948.12(3),
158	F.S., relating to grounds for termination of parental
159	rights, findings of abandonment in proceedings to
160	terminate parental rights pending adoption, preliminary
161	studies of the homes of prospective adoptive parents,
162	career offender notification, the conditional release
163	program, and intensive supervision for postprison release
164	of violent offenders, respectively, for the purpose of
165	incorporating the amendment to s. 775.21, F.S., in
166	references thereto; providing an effective date.
167
168	WHEREAS, the Legislature finds that in order to protect the
169	public, a system of registration is required for sexual
170	predators and sexual offenders so that the public and law
171	enforcement agencies can keep track of the residences of
172	predators and offenders and possibly prevent future sex crimes
173	from being perpetrated, and
174	WHEREAS, the Legislature intends to clarify that sexual
175	predators and sexual offenders are, and have been, required to
176	register a change of residency when the driver's licenses of
177	such persons are subject to renewal and also when such persons
178	have changed places of residence, and
179	WHEREAS, the Legislature finds that gaps in time between
180	changes in the registered information concerning a sexual
181	predator or sexual offender weaken the effectiveness of the
182	registration system and pose a threat to public safety by making
183	it more difficult to quickly locate sexual predators and sexual
184	offenders residing in Florida, and
185	WHEREAS, the Legislature finds that persons who commit
186	sexually based offenses, especially those who have committed
187	offenses against minors, often pose a high risk of engaging in
188	sexually based offenses even after being released from
189	incarceration or commitment, and
190	WHEREAS, the Legislature finds that a small but extremely
191	dangerous number of sexually violent predators exist who
192	generally have antisocial personality features that are
193	unamenable to existing mental illness treatment modalities, and
194	those features render them likely to engage in criminal,
195	sexually violent behavior, and
196	WHEREAS, the Legislature finds that the likelihood that
197	sexually violent predators will engage in repeat acts of
198	predatory sexual violence is high, and
199	WHEREAS, the Legislature finds that the protection of the
200	public from persons who commit sexually based offenses,
201	especially those who are sexually violent predators, is a
202	paramount government interest, and
203	WHEREAS, the Legislature finds that persons who commit
204	sexually based offenses have a reduced expectation of privacy
205	because of the public's interest in public safety and in the
206	effective operation of government, and
207	WHEREAS, the Legislature finds that releasing information
208	concerning persons who commit sexually based offenses to law
209	enforcement agencies and to persons who request such
210	information, and the release of such information to the public
211	by a law enforcement agency or public agency, will further the
212	governmental interests of public safety, and
213	WHEREAS, the Legislature finds that the designation of a
214	person as a sexual offender or sexual predator is not a sentence
215	or a punishment but is simply a status that reflects the past
216	behavior of a person, NOW, THEREFORE,
217
218	Be It Enacted by the Legislature of the State of Florida:
219
220	Section 1.  Paragraph (c) of subsection (2), paragraphs (a)
221	and (c) of subsection (5), paragraph (g) of subsection (6), and
222	subsection (10) of section 775.21, Florida Statutes, are
223	amended, paragraph (d) is added to subsection (4) of said
224	section, and paragraph (d) of subsection (5) and paragraph (l)
225	of subsection (6) of said section are reenacted for the purpose
226	of incorporating the amendments to sections 943.0435 and
227	944.607, Florida Statutes, in references thereto, to read:
228	775.21  The Florida Sexual Predators Act; definitions;
229	legislative findings, purpose, and intent; criteria;
230	designation; registration; community and public notification;
231	immunity; penalties.--
232	(2)  DEFINITIONS.--As used in this section, the term:
233	(c)  "Conviction" means a determination of guilt which is
234	the result of a trial or the entry of a plea of guilty or nolo
235	contendere, regardless of whether adjudication is withheld. A
236	conviction for a similar offense includes, but is not limited
237	to, a conviction by a federal or military tribunal, including
238	courts-martial conducted by the Armed Forces of the United
239	States, and includes a conviction or entry of a plea of guilty
240	or nolo contendere resulting in a sanction in any state of the
241	United States or other jurisdiction. A sanction includes, but is
242	not limited to, a fine, probation, community control, parole,
243	conditional release, control release, or incarceration in a
244	state prison, federal prison, private correctional facility, or
245	local detention facility.
246	(4)  SEXUAL PREDATOR CRITERIA.--
247	(d)  An offender who has been determined to be a sexually
248	violent predator pursuant to a civil commitment proceeding under
249	chapter 394 shall be designated as a "sexual predator" under
250	subsection (5) and subject to registration under subsection (6)
251	and community and public notification under subsection (7).
252	(5)  SEXUAL PREDATOR DESIGNATION.--An offender is
253	designated as a sexual predator as follows:
254	(a)1.  An offender who meets the sexual predator criteria
255	described in paragraph (4)(d) is a sexual predator, and the
256	court must make a written finding at the time such offender is
257	determined to be a sexually violent predator under chapter 394
258	that such person meets the criteria for designation as a sexual
259	predator for purposes of this section. The clerk shall transmit
260	a copy of the order containing the written finding to the
261	department within 48 hours after the entry of the order;
262	2.  An offender who meets the sexual predator criteria
263	described in paragraph (4)(a) who is before the court for
264	sentencing for a current offense committed on or after October
265	1, 1993, is a sexual predator, and the sentencing court must
266	make a written finding at the time of sentencing that the
267	offender is a sexual predator, and the clerk of the court shall
268	transmit a copy of the order containing the written finding to
269	the department within 48 hours after the entry of the order; or
270	3.2.  If the Department of Corrections, the department, or
271	any other law enforcement agency obtains information which
272	indicates that an offender who establishes or maintains a
273	permanent or temporary residence in this state meets the sexual
274	predator criteria described in paragraph (4)(a) or (4)(d)
275	because the offender was civilly committed or, committed a
276	similar violation in another jurisdiction on or after October 1,
277	1993, the Department of Corrections, the department, or the law
278	enforcement agency shall notify the state attorney of the county
279	where the offender establishes or maintains a permanent or
280	temporary residence of the offender's presence in the community.
281	The state attorney shall file a petition with the criminal
282	division of the circuit court for the purpose of holding a
283	hearing to determine if the offender's record of civil
284	commitment or criminal record from another jurisdiction meets
285	the sexual predator criteria. If the court finds that the
286	offender meets the sexual predator criteria because the offender
287	has violated a similar law or similar laws in another
288	jurisdiction, the court shall make a written finding that the
289	offender is a sexual predator.
290
291	When the court makes a written finding that an offender is a
292	sexual predator, the court shall inform the sexual predator of
293	the registration and community and public notification
294	requirements described in this section. Within 48 hours after of
295	the court designating an offender as a sexual predator, the
296	clerk of the circuit court shall transmit a copy of the court's
297	written sexual predator finding to the department. If the
298	offender is sentenced to a term of imprisonment or supervision,
299	a copy of the court's written sexual predator finding must be
300	submitted to the Department of Corrections.
301	(c)  If the Department of Corrections, the department, or
302	any other law enforcement agency obtains information which
303	indicates that an offender meets the sexual predator criteria
304	but the court did not make a written finding that the offender
305	is a sexual predator as required in paragraph (a), the
306	Department of Corrections, the department, or the law
307	enforcement agency shall notify the state attorney who
308	prosecuted the offense for offenders described in subparagraph
309	(a)1., or the state attorney of the county where the offender
310	establishes or maintains a residence upon first entering the
311	state for offenders described in subparagraph (a)3.2. The state
312	attorney shall bring the matter to the court's attention in
313	order to establish that the offender meets the sexual predator
314	criteria. If the state attorney fails to establish that an
315	offender meets the sexual predator criteria and the court does
316	not make a written finding that an offender is a sexual
317	predator, the offender is not required to register with the
318	department as a sexual predator. The Department of Corrections,
319	the department, or any other law enforcement agency shall not
320	administratively designate an offender as a sexual predator
321	without a written finding from the court that the offender is a
322	sexual predator.
323	(d)  A person who establishes or maintains a residence in
324	this state and who has not been designated as a sexual predator
325	by a court of this state but who has been designated as a sexual
326	predator, as a sexually violent predator, or by another sexual
327	offender designation in another state or jurisdiction and was,
328	as a result of such designation, subjected to registration or
329	community or public notification, or both, or would be if the
330	person was a resident of that state or jurisdiction, shall
331	register in the manner provided in s. 943.0435 or s. 944.607 and
332	shall be subject to community and public notification as
333	provided in s. 943.0435 or s. 944.607. A person who meets the
334	criteria of this section is subject to the requirements and
335	penalty provisions of s. 943.0435 or s. 944.607 until the person
336	provides the department with an order issued by the court that
337	designated the person as a sexual predator, as a sexually
338	violent predator, or by another sexual offender designation in
339	the state or jurisdiction in which the order was issued which
340	states that such designation has been removed or demonstrates to
341	the department that such designation, if not imposed by a court,
342	has been removed by operation of law or court order in the state
343	or jurisdiction in which the designation was made, and provided
344	such person no longer meets the criteria for registration as a
345	sexual offender under the laws of this state.
346	(6)  REGISTRATION.--
347	(g)1.  Each time a sexual predator's driver's license or
348	identification card is subject to renewal, and, without regard
349	to the status of the predator's driver's license or
350	identification card, within 48 hours after any change of the
351	predator's residence or change in the predator's name by reason
352	of marriage or other legal process, the predator shall report in
353	person to a driver's license office, and shall be subject to the
354	requirements specified in paragraph (f). The Department of
355	Highway Safety and Motor Vehicles shall forward to the
356	department and to the Department of Corrections all photographs
357	and information provided by sexual predators. Notwithstanding
358	the restrictions set forth in s. 322.142, the Department of
359	Highway Safety and Motor Vehicles is authorized to release a
360	reproduction of a color-photograph or digital-image license to
361	the Department of Law Enforcement for purposes of public
362	notification of sexual predators as provided in this section.
363	2.  A sexual predator who vacates a permanent residence and
364	fails to establish or maintain another permanent or temporary
365	residence shall, within 48 hours after vacating the permanent
366	residence, report in person to the department or the sheriff's
367	office of the county in which he or she is located. The sexual
368	predator shall specify the date upon which he or she intends to
369	or did vacate such residence. The sexual predator must provide
370	or update all of the registration information required under
371	paragraph (a). The sexual predator must provide an address for
372	the residence or other location that he or she is or will be
373	occupying during the time in which he or she fails to establish
374	or maintain a permanent or temporary residence.
375	3.  A sexual predator who remains at a permanent residence
376	after reporting his or her intent to vacate such residence
377	shall, within 48 hours after the date upon which the predator
378	indicated he or she would or did vacate such residence, report
379	in person to the agency to which he or she reported pursuant to
380	subparagraph 2. for the purpose of reporting his or her address
381	at such residence. If the sheriff receives the report, the
382	sheriff shall promptly convey the information to the department.
383	An offender who makes a report as required under subparagraph 2.
384	but fails to make a report as required under this subparagraph
385	commits a felony of the second degree, punishable as provided in
386	s. 775.082, s. 775.083, or s. 775.084.
387	(l)  A sexual predator must maintain registration with the
388	department for the duration of his or her life, unless the
389	sexual predator has received a full pardon or has had a
390	conviction set aside in a postconviction proceeding for any
391	offense that met the criteria for the sexual predator
392	designation. However, a sexual predator who was designated as a
393	sexual predator by a court before October 1, 1998, and who has
394	been lawfully released from confinement, supervision, or
395	sanction, whichever is later, for at least 10 years and has not
396	been arrested for any felony or misdemeanor offense since
397	release, may petition the criminal division of the circuit court
398	in the circuit in which the sexual predator resides for the
399	purpose of removing the sexual predator designation. A sexual
400	predator who was designated a sexual predator by a court on or
401	after October 1, 1998, who has been lawfully released from
402	confinement, supervision, or sanction, whichever is later, for
403	at least 20 years, and who has not been arrested for any felony
404	or misdemeanor offense since release may petition the criminal
405	division of the circuit court in the circuit in which the sexual
406	predator resides for the purpose of removing the sexual predator
407	designation. The court may grant or deny such relief if the
408	petitioner demonstrates to the court that he or she has not been
409	arrested for any crime since release, the requested relief
410	complies with the provisions of the federal Jacob Wetterling
411	Act, as amended, and any other federal standards applicable to
412	the removal of the designation as a sexual predator or required
413	to be met as a condition for the receipt of federal funds by the
414	state, and the court is otherwise satisfied that the petitioner
415	is not a current or potential threat to public safety. The state
416	attorney in the circuit in which the petition is filed must be
417	given notice of the petition at least 3 weeks before the hearing
418	on the matter. The state attorney may present evidence in
419	opposition to the requested relief or may otherwise demonstrate
420	the reasons why the petition should be denied. If the court
421	denies the petition, the court may set a future date at which
422	the sexual predator may again petition the court for relief,
423	subject to the standards for relief provided in this paragraph.
424	Unless specified in the order, a sexual predator who is granted
425	relief under this paragraph must comply with the requirements
426	for registration as a sexual offender and other requirements
427	provided under s. 943.0435 or s. 944.607. If a petitioner
428	obtains an order from the court that imposed the order
429	designating the petitioner as a sexual predator which removes
430	such designation, the petitioner shall forward a certified copy
431	of the written findings or order to the department in order to
432	have the sexual predator designation removed from the sexual
433	predator registry.
434
435	The sheriff shall promptly provide to the department the
436	information received from the sexual predator.
437	(10)  PENALTIES.--
438	(a)  Except as otherwise specifically provided, a sexual
439	predator who fails to register; who fails, after registration,
440	to maintain, acquire, or renew a driver's license or
441	identification card; who fails to provide required location
442	information or change-of-name information; who fails to make a
443	required report in connection with vacating a permanent
444	residence; or who otherwise fails, by act or omission, to comply
445	with the requirements of this section, commits a felony of the
446	third degree, punishable as provided in s. 775.082, s. 775.083,
447	or s. 775.084.
448	(b)  A sexual predator who has been convicted of or found
449	to have committed, or has pled nolo contendere or guilty to,
450	regardless of adjudication, any violation, or attempted
451	violation, of s. 787.01, s. 787.02, or s. 787.025, where the
452	victim is a minor and the defendant is not the victim's parent;
453	s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
454	800.04; s. 827.071; s. 847.0133; or s. 847.0145, or a violation
455	of a similar law of another jurisdiction, when the victim of the
456	offense was a minor, and who works, whether for compensation or
457	as a volunteer, at any business, school, day care center, park,
458	playground, or other place where children regularly congregate,
459	commits a felony of the third degree, punishable as provided in
460	s. 775.082, s. 775.083, or s. 775.084.
461	(c)  Any person who misuses public records information
462	relating to a sexual predator, as defined in this section, or a
463	sexual offender, as defined in s. 943.0435 or s. 944.607, to
464	secure a payment from such a predator or offender; who knowingly
465	distributes or publishes false information relating to such a
466	predator or offender which the person misrepresents as being
467	public records information; or who materially alters public
468	records information with the intent to misrepresent the
469	information, including documents, summaries of public records
470	information provided by law enforcement agencies, or public
471	records information displayed by law enforcement agencies on
472	websites or provided through other means of communication,
473	commits a misdemeanor of the first degree, punishable as
474	provided in s. 775.082 or s. 775.083.
475	(d)  A sexual predator who commits any act or omission in
476	violation of this section may be prosecuted for the act or
477	omission in the county in which the act or omission was
478	committed, the county of the last registered address of the
479	sexual predator, the county in which he or she was designated a
480	sexual predator, or the county in which the conviction occurred
481	for the offense or offenses that meet the criteria for
482	designating a person as a sexual predator.
483	(e)  An arrest on charges of failure to register, the
484	service of an information or a complaint for a violation of this
485	section, or an arraignment on charges for a violation of this
486	section constitutes actual notice of the duty to register when
487	the predator has been advised and provided with a copy of his or
488	her statutory obligation to register pursuant to subsection (6).
489	A sexual predator's failure to immediately register as required
490	by this section following such arrest, service, or arraignment
491	constitutes grounds for a subsequent charge of failure to
492	register. A sexual predator charged with the crime of failure to
493	register who asserts, or intends to assert, a lack of notice of
494	the duty to register as a defense to a charge of failure to
495	register shall immediately register as required by this section.
496	A sexual predator who is charged with a subsequent failure to
497	register may not assert the defense of a lack of notice of the
498	duty to register.
499	(f)  Registration following such arrest, service, or
500	arraignment is not a defense and does not relieve the sexual
501	predator of criminal liability for the failure to register.
502	Section 2.  Paragraph (b) of subsection (1) and subsections
503	(3), (4), and (9) of section 943.0435, Florida Statutes, are
504	amended, and subsection (5) of said section is reenacted for the
505	purpose of incorporating the amendment to section 775.21,
506	Florida Statutes, in references thereto, to read:
507	943.0435  Sexual offenders required to register with the
508	department; penalty.--
509	(1)  As used in this section, the term:
510	(b)  "Convicted" means that there has been a determination
511	of guilt as a result of a trial or the entry of a plea of guilty
512	or nolo contendere, regardless of whether adjudication is
513	withheld. Conviction of a similar offense includes, but is not
514	limited to, a conviction by a federal or military tribunal,
515	including courts-martial conducted by the Armed Forces of the
516	United States, and includes a conviction or entry of a plea of
517	guilty or nolo contendere resulting in a sanction in any state
518	of the United States or other jurisdiction. A sanction includes,
519	but is not limited to, a fine, probation, community control,
520	parole, conditional release, control release, or incarceration
521	in a state prison, federal prison, private correctional
522	facility, or local detention facility.
523	(3)  Within 48 hours after the report required under
524	subsection (2), a sexual offender shall report in person at a
525	driver's license office of the Department of Highway Safety and
526	Motor Vehicles, unless a driver's license or identification card
527	was previously secured or updated under s. 944.607(9). At the
528	driver's license office the sexual offender shall:
529	(a)  If otherwise qualified, secure a Florida driver's
530	license, renew a Florida driver's license, or secure an
531	identification card. The sexual offender shall identify himself
532	or herself as a sexual offender who is required to comply with
533	this section and shall provide proof that the sexual offender
534	reported as required in subsection (2). The sexual offender
535	shall provide any of the information specified in subsection
536	(2), if requested. The sexual offender shall submit to the
537	taking of a photograph for use in issuing a driver's license,
538	renewed license, or identification card, and for use by the
539	department in maintaining current records of sexual offenders.
540	(b)  Pay the costs assessed by the Department of Highway
541	Safety and Motor Vehicles for issuing or renewing a driver's
542	license or identification card as required by this section.
543	(c)  Provide, upon request, any additional information
544	necessary to confirm the identity of the sexual offender,
545	including a set of fingerprints.
546	(4)(a)  Each time a sexual offender's driver's license or
547	identification card is subject to renewal, and, without regard
548	to the status of the offender's driver's license or
549	identification card, within 48 hours after any change in the
550	offender's permanent or temporary residence or change in the
551	offender's name by reason of marriage or other legal process,
552	the offender shall report in person to a driver's license
553	office, and shall be subject to the requirements specified in
554	subsection (3). The Department of Highway Safety and Motor
555	Vehicles shall forward to the department all photographs and
556	information provided by sexual offenders. Notwithstanding the
557	restrictions set forth in s. 322.142, the Department of Highway
558	Safety and Motor Vehicles is authorized to release a
559	reproduction of a color-photograph or digital-image license to
560	the Department of Law Enforcement for purposes of public
561	notification of sexual offenders as provided in ss. 943.043,
562	943.0435, and 944.606.
563	(b)  A sexual offender who vacates a permanent residence
564	and fails to establish or maintain another permanent or
565	temporary residence shall, within 48 hours after vacating the
566	permanent residence, report in person to the department or the
567	sheriff's office of the county in which he or she is located.
568	The sexual offender shall specify the date upon which he or she
569	intends to or did vacate such residence. The sexual offender
570	must provide or update all of the registration information
571	required under paragraph (2)(b). The sexual offender must
572	provide an address for the residence or other location that he
573	or she is or will be occupying during the time in which he or
574	she fails to establish or maintain a permanent or temporary
575	residence.
576	(c)  A sexual offender who remains at a permanent residence
577	after reporting his or her intent to vacate such residence
578	shall, within 48 hours after the date upon which the offender
579	indicated he or she would or did vacate such residence, report
580	in person to the agency to which he or she reported pursuant to
581	paragraph (b) for the purpose of reporting his or her address at
582	such residence. If the sheriff receives the report, the sheriff
583	shall promptly convey the information to the department. An
584	offender who makes a report as required under paragraph (b) but
585	fails to make a report as required under this paragraph commits
586	a felony of the second degree, punishable as provided in s.
587	775.082, s. 775.083, or s. 775.084.
588	(5)  This section does not apply to a sexual offender who
589	is also a sexual predator, as defined in s. 775.21. A sexual
590	predator must register as required under s. 775.21.
591	(9)(a)  A sexual offender who does not comply with the
592	requirements of this section commits a felony of the third
593	degree, punishable as provided in s. 775.082, s. 775.083, or s.
594	775.084.
595	(b)  A sexual offender who commits any act or omission in
596	violation of this section may be prosecuted for the act or
597	omission in the county in which the act or omission was
598	committed, the county of the last registered address of the
599	sexual offender, the county in which he or she was designated a
600	sexual offender, or the county in which the conviction occurred
601	for the offense or offenses that meet the criteria for
602	designating a person as a sexual offender.
603	(c)  An arrest on charges of failure to register, the
604	service of an information or a complaint for a violation of this
605	section, or an arraignment on charges for a violation of this
606	section constitutes actual notice of the duty to register when
607	the offender has been advised and provided with a copy of his or
608	her statutory obligation to register pursuant to subsection (2).
609	A sexual offender's failure to immediately register as required
610	by this section following such arrest, service, or arraignment
611	constitutes grounds for a subsequent charge of failure to
612	register. A sexual offender charged with the crime of failure to
613	register who asserts, or intends to assert, a lack of notice of
614	the duty to register as a defense to a charge of failure to
615	register shall immediately register as required by this section.
616	A sexual offender who is charged with a subsequent failure to
617	register may not assert the defense of a lack of notice of the
618	duty to register.
619	(d)  Registration following such arrest, service, or
620	arraignment is not a defense and does not relieve the sexual
621	offender of criminal liability for the failure to register.
622	Section 3.  Paragraph (a) of subsection (1) of section
623	944.606, Florida Statutes, is amended to read:
624	944.606  Sexual offenders; notification upon release.--
625	(1)  As used in this section:
626	(a)  "Convicted" means there has been a determination of
627	guilt as a result of a trial or the entry of a plea of guilty or
628	nolo contendere, regardless of whether adjudication is withheld.
629	A conviction for a similar offense includes, but is not limited
630	to, a conviction by a federal or military tribunal, including
631	courts-martial conducted by the Armed Forces of the United
632	States, and includes a conviction or entry of a plea of guilty
633	or nolo contendere resulting in a sanction in any state of the
634	United States or other jurisdiction. A sanction includes, but is
635	not limited to, a fine, probation, community control, parole,
636	conditional release, control release, or incarceration in a
637	state prison, federal prison, private correctional facility, or
638	local detention facility.
639	Section 4.  Paragraph (b) of subsection (1) and subsections
640	(4) and (10) of section 944.607, Florida Statutes, are amended,
641	and subsection (9) of said section is reenacted for the purpose
642	of incorporating the amendments to sections 775.21 and 943.0435,
643	Florida Statutes, in references thereto, to read:
644	944.607  Notification to Department of Law Enforcement of
645	information on sexual offenders.--
646	(1)  As used in this section, the term:
647	(b)  "Conviction" means a determination of guilt which is
648	the result of a trial or the entry of a plea of guilty or nolo
649	contendere, regardless of whether adjudication is withheld.
650	Conviction of a similar offense includes, but is not limited to,
651	a conviction by a federal or military tribunal, including
652	courts-martial conducted by the Armed Forces of the United
653	States, and includes a conviction or entry of a plea of guilty
654	or nolo contendere resulting in a sanction in any state of the
655	United States or other jurisdiction. A sanction includes, but is
656	not limited to, a fine, probation, community control, parole,
657	conditional release, control release, or incarceration in a
658	state prison, federal prison, private correctional facility, or
659	local detention facility.
660	(4)  A sexual offender, as described in this section, who
661	is under the supervision of the Department of Corrections but is
662	not incarcerated must register with the Department of
663	Corrections and provide the following information as required by
664	this subsection.:
665	(a)  The sexual offender must provide his or her name; date
666	of birth; social security number; race; sex; height; weight;
667	hair and eye color; tattoos or other identifying marks; and
668	permanent or legal residence and address of temporary residence
669	within the state or out of state while the sexual offender is
670	under supervision in this state, including any rural route
671	address or post office box. The Department of Corrections shall
672	verify the address of each sexual offender in the manner
673	described in ss. 775.21 and 943.0435.
674	(b)  If the sexual offender is enrolled, employed, or
675	carrying on a vocation at an institution of higher education in
676	this state, the sexual offender must provide the name, address,
677	and county of each institution, including each campus attended,
678	and the sexual offender's enrollment or employment status. Each
679	change in enrollment or employment status shall be reported to
680	the department within 48 hours after the change in status. The
681	Department of Corrections shall promptly notify each institution
682	of the sexual offender's presence and any change in the sexual
683	offender's enrollment or employment status.
684	(9)  A sexual offender, as described in this section, who
685	is under the supervision of the Department of Corrections but
686	who is not incarcerated shall, in addition to the registration
687	requirements provided in subsection (4), register in the manner
688	provided in s. 943.0435(3), (4), and (5), unless the sexual
689	offender is a sexual predator, in which case he or she shall
690	register as required under s. 775.21. A sexual offender who
691	fails to comply with the requirements of s. 943.0435 is subject
692	to the penalties provided in s. 943.0435(9).
693	(10)(a)  The failure of a sexual offender to submit to the
694	taking of a digitized photograph, or to otherwise comply with
695	the requirements of this section, is a felony of the third
696	degree, punishable as provided in s. 775.082, s. 775.083, or s.
697	775.084.
698	(b)   A sexual offender who commits any act or omission in
699	violation of this section may be prosecuted for the act or
700	omission in the county in which the act or omission was
701	committed, the county of the last registered address of the
702	sexual offender, the county in which he or she was designated a
703	sexual offender, or the county in which the conviction occurred
704	for the offense or offenses that meet the criteria for
705	designating a person as a sexual offender.
706	(c)  An arrest on charges of failure to register, the
707	service of an information or a complaint for a violation of this
708	section, or an arraignment on charges for a violation of this
709	section constitutes actual notice of the duty to register when
710	the offender has been advised and provided with a copy of his or
711	her statutory obligation to register pursuant to subsection (4).
712	A sexual offender's failure to immediately register as required
713	by this section following such arrest, service, or arraignment
714	constitutes grounds for a subsequent charge of failure to
715	register. A sexual offender charged with the crime of failure to
716	register who asserts, or intends to assert, a lack of notice of
717	the duty to register as a defense to a charge of failure to
718	register shall immediately register as required by this section.
719	A sexual offender who is charged with a subsequent failure to
720	register may not assert the defense of a lack of notice of the
721	duty to register.
722	(d)  Registration following such arrest, service, or
723	arraignment is not a defense and does not relieve the sexual
724	offender of criminal liability for the failure to register.
725	Section 5.  For the purpose of incorporating the amendments
726	to sections 775.21, 943.0435, and 944.607, Florida Statutes, in
727	references thereto, subsection (5) of section 775.13, Florida
728	Statutes, is reenacted to read:
729	775.13  Registration of convicted felons, exemptions;
730	penalties.--
731	(5)  This section does not apply to an offender:
732	(a)  Who has had his or her civil rights restored;
733	(b)  Who has received a full pardon for the offense for
734	which convicted;
735	(c)  Who has been lawfully released from incarceration or
736	other sentence or supervision for a felony conviction for more
737	than 5 years prior to such time for registration, unless the
738	offender is a fugitive from justice on a felony charge or has
739	been convicted of any offense since release from such
740	incarceration or other sentence or supervision;
741	(d)  Who is a parolee or probationer under the supervision
742	of the United States Parole Commission if the commission knows
743	of and consents to the presence of the offender in Florida or is
744	a probationer under the supervision of any federal probation
745	officer in the state or who has been lawfully discharged from
746	such parole or probation;
747	(e)  Who is a sexual predator and has registered as
748	required under s. 775.21;
749	(f)  Who is a sexual offender and has registered as
750	required in s. 943.0435 or s. 944.607; or
751	(g)  Who is a career offender who has registered as
752	required in s. 775.261 or s. 944.609.
753	Section 6.  For the purpose of incorporating the amendments
754	to sections 943.0435, 944.606, and 944.607, Florida Statutes, in
755	references thereto, subsection (2) of section 943.0436, Florida
756	Statutes, is reenacted to read:
757	943.0436  Duty of the court to uphold laws governing sexual
758	predators and sexual offenders.--
759	(2)  If a person meets the criteria in chapter 775 for
760	designation as a sexual predator or meets the criteria in s.
761	943.0435, s. 944.606, s. 944.607, or any other law for
762	classification as a sexual offender, the court may not enter an
763	order, for the purpose of approving a plea agreement or for any
764	other reason, which:
765	(a)  Exempts a person who meets the criteria for
766	designation as a sexual predator or classification as a sexual
767	offender from such designation or classification, or exempts
768	such person from the requirements for registration or community
769	and public notification imposed upon sexual predators and sexual
770	offenders;
771	(b)  Restricts the compiling, reporting, or release of
772	public records information that relates to sexual predators or
773	sexual offenders; or
774	(c)  Prevents any person or entity from performing its
775	duties or operating within its statutorily conferred authority
776	as such duty or authority relates to sexual predators or sexual
777	offenders.
778	Section 7.  For the purpose of incorporating the amendments
779	to sections 943.0435, 944.606, and 944.607, Florida Statutes, in
780	references thereto, subsection (2) of section 775.24, Florida
781	Statutes, is reenacted to read:
782	775.24  Duty of the court to uphold laws governing sexual
783	predators and sexual offenders.--
784	(2)  If a person meets the criteria in this chapter for
785	designation as a sexual predator or meets the criteria in s.
786	943.0435, s. 944.606, s. 944.607, or any other law for
787	classification as a sexual offender, the court may not enter an
788	order, for the purpose of approving a plea agreement or for any
789	other reason, which:
790	(a)  Exempts a person who meets the criteria for
791	designation as a sexual predator or classification as a sexual
792	offender from such designation or classification, or exempts
793	such person from the requirements for registration or community
794	and public notification imposed upon sexual predators and sexual
795	offenders;
796	(b)  Restricts the compiling, reporting, or release of
797	public records information that relates to sexual predators or
798	sexual offenders; or
799	(c)  Prevents any person or entity from performing its
800	duties or operating within its statutorily conferred authority
801	as such duty or authority relates to sexual predators or sexual
802	offenders.
803	Section 8.  For the purpose of incorporating the amendments
804	to sections 775.21, 943.0435, 944.606, and 944.607, Florida
805	Statutes, in references thereto, section 775.25, Florida
806	Statutes, is reenacted to read:
807	775.25  Prosecutions for acts or omissions.--A sexual
808	predator or sexual offender who commits any act or omission in
809	violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
810	944.607, or s. 947.177 may be prosecuted for the act or omission
811	in the county in which the act or omission was committed, the
812	county of the last registered address of the sexual predator or
813	sexual offender, or the county in which the conviction occurred
814	for the offense or offenses that meet the criteria for
815	designating a person as a sexual predator or sexual offender. In
816	addition, a sexual predator may be prosecuted for any such act
817	or omission in the county in which he or she was designated a
818	sexual predator.
819	Section 9.  For the purpose of incorporating the amendments
820	to sections 775.21, 943.0435, and 944.607, Florida Statutes, in
821	references thereto, paragraph (b) of subsection (3) of section
822	775.261, Florida Statutes, is reenacted to read:
823	775.261  The Florida Career Offender Registration Act;
824	definitions; criteria; designation; registration; community
825	notification; immunity; penalties.--
826	(3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
827	(b)  This section does not apply to any person who has been
828	designated as a sexual predator and required to register under
829	s. 775.21 or who is required to register as a sexual offender
830	under s. 943.0435 or s. 944.607. However, if a person is no
831	longer required to register as a sexual predator under s. 775.21
832	or as a sexual offender under s. 943.0435 or s. 944.607, the
833	person must register as a career offender under this section if
834	the person is otherwise designated as a career offender as
835	provided in this section.
836	Section 10.  For the purpose of incorporating the
837	amendments to sections 775.21 and 943.0435, Florida Statutes, in
838	references thereto, paragraph (f) of subsection (3) of section
839	921.0022, Florida Statutes, is reenacted to read:
840	921.0022  Criminal Punishment Code; offense severity
841	ranking chart.--
842	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
843
	(f)  LEVEL 6
844
	316.193(2)(b) 3rd Felony DUI, 4th or subsequent conviction.
845
	499.0051(3) 2nd Forgery of pedigree papers.
846
	499.0051(4) 2nd Purchase or receipt of legend drug from unauthorized person.
847
	499.0051(5) 2nd Sale of legend drug to unauthorized person.
848
	775.0875(1) 3rd Taking firearm from law enforcement officer.
849
	775.21(10) 3rd Sexual predators; failure to register; failure to renew driver's license or identification card.
850
	784.021(1)(a) 3rd Aggravated assault; deadly weapon without intent to kill.
851
	784.021(1)(b) 3rd Aggravated assault; intent to commit felony.
852
	784.041 3rd Felony battery.
853
	784.048(3) 3rd Aggravated stalking; credible threat.
854
	784.048(5) 3rd Aggravated stalking of person under 16.
855
	784.07(2)(c) 2nd Aggravated assault on law enforcement officer.
856
	784.074(1)(b) 2nd Aggravated assault on sexually violent predators facility staff.
857
	784.08(2)(b) 2nd Aggravated assault on a person 65 years of age or older.
858
	784.081(2) 2nd Aggravated assault on specified official or employee.
859
	784.082(2) 2nd Aggravated assault by detained person on visitor or other detainee.
860
	784.083(2) 2nd Aggravated assault on code inspector.
861
	787.02(2) 3rd False imprisonment; restraining with purpose other than those in s. 787.01.
862
	790.115(2)(d) 2nd Discharging firearm or weapon on school property.
863
	790.161(2) 2nd Make, possess, or throw destructive device with intent to do bodily harm or damage property.
864
	790.164(1) 2nd False report of deadly explosive, weapon of mass destruction, or act of arson or violence to state property.
865
	790.19 2nd Shooting or throwing deadly missiles into dwellings, vessels, or vehicles.
866
	794.011(8)(a) 3rd Solicitation of minor to participate in sexual activity by custodial adult.
867
	794.05(1) 2nd Unlawful sexual activity with specified minor.
868
	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.
869
	800.04(6)(b) 2nd Lewd or lascivious conduct; offender 18 years of age or older.
870
	806.031(2) 2nd Arson resulting in great bodily harm to firefighter or any other person.
871
	810.02(3)(c) 2nd Burglary of occupied structure; unarmed; no assault or battery.
872
	812.014(2)(b)1. 2nd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree.
873
	812.014(2)(b)2. 2nd Property stolen; cargo valued at less than $50,000, grand theft in 2nd degree.
874
	812.015(9) 2nd Retail theft; property stolen $300 or more; second or subsequent conviction.
875
	812.13(2)(c) 2nd Robbery, no firearm or other weapon (strong-arm robbery).
876
	817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
877
	817.4821(5) 2nd Possess cloning paraphernalia with intent to create cloned cellular telephones.
878
	825.102(1) 3rd Abuse of an elderly person or disabled adult.
879
	825.102(3)(c) 3rd Neglect of an elderly person or disabled adult.
880
	825.1025(3) 3rd Lewd or lascivious molestation of an elderly person or disabled adult.
881
	825.103(2)(c) 3rd Exploiting an elderly person or disabled adult and property is valued at less than $20,000.
882
	827.03(1) 3rd Abuse of a child.
883
	827.03(3)(c) 3rd Neglect of a child.
884
	827.071(2)&(3) 2nd Use or induce a child in a sexual performance, or promote or direct such performance.
885
	836.05 2nd Threats; extortion.
886
	836.10 2nd Written threats to kill or do bodily injury.
887
	843.12 3rd Aids or assists person to escape.
888
	847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
889
	914.23 2nd Retaliation against a witness, victim, or informant, with bodily injury.
890
	943.0435(9) 3rd Sex offenders; failure to comply with reporting requirements.
891
	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.
892
	944.40 2nd Escapes.
893
	944.46 3rd Harboring, concealing, aiding escaped prisoners.
894
	944.47(1)(a)5. 2nd Introduction of contraband (firearm, weapon, or explosive) into correctional facility.
895
	951.22(1) 3rd Intoxicating drug, firearm, or weapon introduced into county facility.
896
897	Section 11.  For the purpose of incorporating the
898	amendments to sections 775.21 and 944.607, Florida Statutes, in
899	references thereto, subsection (7) of section 944.608, Florida
900	Statutes, is reenacted to read:
901	944.608  Notification to Department of Law Enforcement of
902	information on career offenders.--
903	(7)  A career offender who is under the supervision of the
904	department but who is not incarcerated shall, in addition to the
905	registration requirements provided in subsection (3), register
906	in the manner provided in s. 775.261(4)(c), unless the career
907	offender is a sexual predator, in which case he or she shall
908	register as required under s. 775.21, or is a sexual offender,
909	in which case he or she shall register as required in s.
910	944.607. A career offender who fails to comply with the
911	requirements of s. 775.261(4) is subject to the penalties
912	provided in s. 775.261(8).
913	Section 12.  For the purpose of incorporating the amendment
914	to section 775.21, Florida Statutes, in a reference thereto,
915	paragraph (d) of subsection (1) of section 39.806, Florida
916	Statutes, is reenacted to read:
917	39.806  Grounds for termination of parental rights.--
918	(1)  The department, the guardian ad litem, or any person
919	who has knowledge of the facts alleged or who is informed of
920	those facts and believes that they are true may petition for the
921	termination of parental rights under any of the following
922	circumstances:
923	(d)  When the parent of a child is incarcerated in a state
924	or federal correctional institution and either:
925	1.  The period of time for which the parent is expected to
926	be incarcerated will constitute a substantial portion of the
927	period of time before the child will attain the age of 18 years;
928	2.  The incarcerated parent has been determined by the
929	court to be a violent career criminal as defined in s. 775.084,
930	a habitual violent felony offender as defined in s. 775.084, or
931	a sexual predator as defined in s. 775.21; has been convicted of
932	first degree or second degree murder in violation of s. 782.04
933	or a sexual battery that constitutes a capital, life, or first
934	degree felony violation of s. 794.011; or has been convicted of
935	an offense in another jurisdiction which is substantially
936	similar to one of the offenses listed in this paragraph. As used
937	in this section, the term "substantially similar offense" means
938	any offense that is substantially similar in elements and
939	penalties to one of those listed in this subparagraph, and that
940	is in violation of a law of any other jurisdiction, whether that
941	of another state, the District of Columbia, the United States or
942	any possession or territory thereof, or any foreign
943	jurisdiction; or
944	3.  The court determines by clear and convincing evidence
945	that continuing the parental relationship with the incarcerated
946	parent would be harmful to the child and, for this reason, that
947	termination of the parental rights of the incarcerated parent is
948	in the best interest of the child.
949	Section 13.  For the purpose of incorporating the amendment
950	to section 775.21, Florida Statutes, in a reference thereto,
951	paragraph (b) of subsection (4) of section 63.089, Florida
952	Statutes, is reenacted to read:
953	63.089  Proceeding to terminate parental rights pending
954	adoption; hearing; grounds; dismissal of petition; judgment.--
955	(4)  FINDING OF ABANDONMENT.--A finding of abandonment
956	resulting in a termination of parental rights must be based upon
957	clear and convincing evidence that a parent or person having
958	legal custody has abandoned the child in accordance with the
959	definition contained in s. 63.032(1). A finding of abandonment
960	may be based upon emotional abuse or a refusal to provide
961	reasonable financial support, when able, to a birth mother
962	during her pregnancy. If, in the opinion of the court, the
963	efforts of a parent or person having legal custody of the child
964	to support and communicate with the child are only marginal
965	efforts that do not evince a settled purpose to assume all
966	parental duties, the court may declare the child to be
967	abandoned. In making this decision, the court may consider the
968	conduct of a father toward the child's mother during her
969	pregnancy.
970	(b)  The child has been abandoned when the parent of a
971	child is incarcerated on or after October 1, 2001, in a state or
972	federal correctional institution and:
973	1.  The period of time for which the parent is expected to
974	be incarcerated will constitute a substantial portion of the
975	period of time before the child will attain the age of 18 years;
976	2.  The incarcerated parent has been determined by the
977	court to be a violent career criminal as defined in s. 775.084,
978	a habitual violent felony offender as defined in s. 775.084,
979	convicted of child abuse as defined in s. 827.03, or a sexual
980	predator as defined in s. 775.21; has been convicted of first
981	degree or second degree murder in violation of s. 782.04 or a
982	sexual battery that constitutes a capital, life, or first degree
983	felony violation of s. 794.011; or has been convicted of an
984	offense in another jurisdiction which is substantially similar
985	to one of the offenses listed in this subparagraph. As used in
986	this section, the term "substantially similar offense" means any
987	offense that is substantially similar in elements and penalties
988	to one of those listed in this subparagraph, and that is in
989	violation of a law of any other jurisdiction, whether that of
990	another state, the District of Columbia, the United States or
991	any possession or territory thereof, or any foreign
992	jurisdiction; or
993	3.  The court determines by clear and convincing evidence
994	that continuing the parental relationship with the incarcerated
995	parent would be harmful to the child and, for this reason, that
996	termination of the parental rights of the incarcerated parent is
997	in the best interest of the child.
998	Section 14.  For the purpose of incorporating the amendment
999	to section 775.21, Florida Statutes, in a reference thereto,
1000	subsection (3) of section 63.092, Florida Statutes, is reenacted
1001	to read:
1002	63.092  Report to the court of intended placement by an
1003	adoption entity; at-risk placement; preliminary study.--
1004	(3)  PRELIMINARY HOME STUDY.--Before placing the minor in
1005	the intended adoptive home, a preliminary home study must be
1006	performed by a licensed child-placing agency, a child-caring
1007	agency registered under s. 409.176, a licensed professional, or
1008	agency described in s. 61.20(2), unless the adoptee is an adult
1009	or the petitioner is a stepparent or a relative. If the adoptee
1010	is an adult or the petitioner is a stepparent or a relative, a
1011	preliminary home study may be required by the court for good
1012	cause shown. The department is required to perform the
1013	preliminary home study only if there is no licensed child-
1014	placing agency, child-caring agency registered under s. 409.176,
1015	licensed professional, or agency described in s. 61.20(2), in
1016	the county where the prospective adoptive parents reside. The
1017	preliminary home study must be made to determine the suitability
1018	of the intended adoptive parents and may be completed prior to
1019	identification of a prospective adoptive minor. A favorable
1020	preliminary home study is valid for 1 year after the date of its
1021	completion. Upon its completion, a copy of the home study must
1022	be provided to the intended adoptive parents who were the
1023	subject of the home study. A minor may not be placed in an
1024	intended adoptive home before a favorable preliminary home study
1025	is completed unless the adoptive home is also a licensed foster
1026	home under s. 409.175. The preliminary home study must include,
1027	at a minimum:
1028	(a)  An interview with the intended adoptive parents;
1029	(b)  Records checks of the department's central abuse
1030	registry and criminal records correspondence checks pursuant to
1031	s. 435.045 through the Department of Law Enforcement on the
1032	intended adoptive parents;
1033	(c)  An assessment of the physical environment of the home;
1034	(d)  A determination of the financial security of the
1035	intended adoptive parents;
1036	(e)  Documentation of counseling and education of the
1037	intended adoptive parents on adoptive parenting;
1038	(f)  Documentation that information on adoption and the
1039	adoption process has been provided to the intended adoptive
1040	parents;
1041	(g)  Documentation that information on support services
1042	available in the community has been provided to the intended
1043	adoptive parents; and
1044	(h)  A copy of each signed acknowledgment of receipt of
1045	disclosure required by s. 63.085.
1046
1047	If the preliminary home study is favorable, a minor may be
1048	placed in the home pending entry of the judgment of adoption. A
1049	minor may not be placed in the home if the preliminary home
1050	study is unfavorable. If the preliminary home study is
1051	unfavorable, the adoption entity may, within 20 days after
1052	receipt of a copy of the written recommendation, petition the
1053	court to determine the suitability of the intended adoptive
1054	home. A determination as to suitability under this subsection
1055	does not act as a presumption of suitability at the final
1056	hearing. In determining the suitability of the intended adoptive
1057	home, the court must consider the totality of the circumstances
1058	in the home. No minor may be placed in a home in which there
1059	resides any person determined by the court to be a sexual
1060	predator as defined in s. 775.21 or to have been convicted of an
1061	offense listed in s. 63.089(4)(b)2.
1062	Section 15.  For the purpose of incorporating the amendment
1063	to section 775.21, Florida Statutes, in references thereto,
1064	subsection (4) of section 944.609, Florida Statutes, is
1065	reenacted to read:
1066	944.609  Career offenders; notification upon release.--
1067	(4)  The department or any law enforcement agency may
1068	notify the community and the public of a career offender's
1069	presence in the community. However, with respect to a career
1070	offender who has been found to be a sexual predator under s.
1071	775.21, the Department of Law Enforcement or any other law
1072	enforcement agency must inform the community and the public of
1073	the career offender's presence in the community, as provided in
1074	s. 775.21.
1075	Section 16.  For the purpose of incorporating the amendment
1076	to section 775.21, Florida Statutes, in a reference thereto,
1077	paragraph (c) of subsection (2) of section 947.1405, Florida
1078	Statutes, is reenacted to read:
1079	947.1405  Conditional release program.--
1080	(2)  Any inmate who:
1081	(c)  Is found to be a sexual predator under s. 775.21 or
1082	former s. 775.23,
1083
1084	shall, upon reaching the tentative release date or provisional
1085	release date, whichever is earlier, as established by the
1086	Department of Corrections, be released under supervision subject
1087	to specified terms and conditions, including payment of the cost
1088	of supervision pursuant to s. 948.09. Such supervision shall be
1089	applicable to all sentences within the overall term of sentences
1090	if an inmate's overall term of sentences includes one or more
1091	sentences that are eligible for conditional release supervision
1092	as provided herein. Effective July 1, 1994, and applicable for
1093	offenses committed on or after that date, the commission may
1094	require, as a condition of conditional release, that the
1095	releasee make payment of the debt due and owing to a county or
1096	municipal detention facility under s. 951.032 for medical care,
1097	treatment, hospitalization, or transportation received by the
1098	releasee while in that detention facility. The commission, in
1099	determining whether to order such repayment and the amount of
1100	such repayment, shall consider the amount of the debt, whether
1101	there was any fault of the institution for the medical expenses
1102	incurred, the financial resources of the releasee, the present
1103	and potential future financial needs and earning ability of the
1104	releasee, and dependents, and other appropriate factors. If any
1105	inmate placed on conditional release supervision is also subject
1106	to probation or community control, resulting from a probationary
1107	or community control split sentence within the overall term of
1108	sentences, the Department of Corrections shall supervise such
1109	person according to the conditions imposed by the court and the
1110	commission shall defer to such supervision. If the court revokes
1111	probation or community control and resentences the offender to a
1112	term of incarceration, such revocation also constitutes a
1113	sufficient basis for the revocation of the conditional release
1114	supervision on any nonprobationary or noncommunity control
1115	sentence without further hearing by the commission. If any such
1116	supervision on any nonprobationary or noncommunity control
1117	sentence is revoked, such revocation may result in a forfeiture
1118	of all gain-time, and the commission may revoke the resulting
1119	deferred conditional release supervision or take other action it
1120	considers appropriate. If the term of conditional release
1121	supervision exceeds that of the probation or community control,
1122	then, upon expiration of the probation or community control,
1123	authority for the supervision shall revert to the commission and
1124	the supervision shall be subject to the conditions imposed by
1125	the commission. A panel of no fewer than two commissioners shall
1126	establish the terms and conditions of any such release. If the
1127	offense was a controlled substance violation, the conditions
1128	shall include a requirement that the offender submit to random
1129	substance abuse testing intermittently throughout the term of
1130	conditional release supervision, upon the direction of the
1131	correctional probation officer as defined in s. 943.10(3). The
1132	commission shall also determine whether the terms and conditions
1133	of such release have been violated and whether such violation
1134	warrants revocation of the conditional release.
1135	Section 17.  For the purpose of incorporating the amendment
1136	to section 775.21, Florida Statutes, in a reference thereto,
1137	subsection (3) of section 948.12, Florida Statutes, is reenacted
1138	to read:
1139	948.12  Intensive supervision for postprison release of
1140	violent offenders.--It is the finding of the Legislature that
1141	the population of violent offenders released from state prison
1142	into the community poses the greatest threat to the public
1143	safety of the groups of offenders under community supervision.
1144	Therefore, for the purpose of enhanced public safety, any
1145	offender released from state prison who:
1146	(3)  Has been found to be a sexual predator pursuant to s.
1147	775.21,
1148
1149	and who has a term of probation to follow the period of
1150	incarceration shall be provided intensive supervision by
1151	experienced correctional probation officers. Subject to specific
1152	appropriation by the Legislature, caseloads may be restricted to
1153	a maximum of 40 offenders per officer to provide for enhanced
1154	public safety as well as to effectively monitor conditions of
1155	electronic monitoring or curfews, if such was ordered by the
1156	court.
1157	Section 18.  This act shall take effect July 1, 2004.

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