Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1216
                        Barcode 524788
                            CHAMBER ACTION
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       04/20/2005 02:47 PM         .                    
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11  Senator Argenziano moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 4, line 28, through page 8, line 4, delete
15  those lines
16  
17  and insert:  
18         Section 2.  Paragraph (b) of subsection (4), Paragraph
19  (l) of subsection (6), subsection (8), and subsection (10) of
20  section 775.21, Florida Statutes, are amended to read:
21         775.21  The Florida Sexual Predators Act.--
22         (4)  SEXUAL PREDATOR CRITERIA.--
23         (b)  In order to be counted as a prior felony for
24  purposes of this subsection, the felony must have resulted in
25  a conviction sentenced separately, or an adjudication of
26  delinquency entered separately, prior to the current offense
27  and sentenced or adjudicated separately from any other felony
28  conviction that is to be counted as a prior felony. If the
29  offender's prior enumerated felony was committed more than 10
30  years before the primary offense, it shall not be considered a
31  prior felony under this subsection if the offender has not
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    1:02 PM   04/19/05                              s1216.03cj.0e2

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 1216 Barcode 524788 1 been convicted of any other crime for a period of 10 2 consecutive years from the most recent date of release from 3 confinement, supervision, or sanction, whichever is later. 4 (6) REGISTRATION.-- 5 (l) A sexual predator must maintain registration with 6 the department for the duration of his or her life, unless the 7 sexual predator has received a full pardon or has had a 8 conviction set aside in a postconviction proceeding for any 9 offense that met the criteria for the sexual predator 10 designation. However, a sexual predator who was designated as 11 a sexual predator by a court before October 1, 1998, and who 12 has been lawfully released from confinement, supervision, or 13 sanction, whichever is later, for at least 10 years and has 14 not been arrested for any felony or misdemeanor offense since 15 release, may petition the criminal division of the circuit 16 court in the circuit in which the sexual predator resides for 17 the purpose of removing the sexual predator designation. A 18 sexual predator who was designated a sexual predator by a 19 court on or after October 1, 1998, who has been lawfully 20 released from confinement, supervision, or sanction, whichever 21 is later, for at least 20 years, and who has not been arrested 22 for any felony or misdemeanor offense since release may 23 petition the criminal division of the circuit court in the 24 circuit in which the sexual predator resides for the purpose 25 of removing the sexual predator designation. A sexual predator 26 who was designated as a sexual predator by a court on or after 27 October 1, 2005, who has been lawfully released from 28 confinement, supervision, or sanction, whichever is later, for 29 at least 30 years, and who has not been arrested for any 30 felony or misdemeanor offense since release may petition the 31 criminal division of the circuit court in the circuit in which 2 1:02 PM 04/19/05 s1216.03cj.0e2
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 1216 Barcode 524788 1 the sexual predator resides for the purpose of removing the 2 sexual predator designation. The court may grant or deny such 3 relief if the petitioner demonstrates to the court that he or 4 she has not been arrested for any crime since release, the 5 requested relief complies with the provisions of the federal 6 Jacob Wetterling Act, as amended, and any other federal 7 standards applicable to the removal of the designation as a 8 sexual predator or required to be met as a condition for the 9 receipt of federal funds by the state, and the court is 10 otherwise satisfied that the petitioner is not a current or 11 potential threat to public safety. The state attorney in the 12 circuit in which the petition is filed must be given notice of 13 the petition at least 3 weeks before the hearing on the 14 matter. The state attorney may present evidence in opposition 15 to the requested relief or may otherwise demonstrate the 16 reasons why the petition should be denied. If the court denies 17 the petition, the court may set a future date at which the 18 sexual predator may again petition the court for relief, 19 subject to the standards for relief provided in this 20 paragraph. Unless specified in the order, a sexual predator 21 who is granted relief under this paragraph must comply with 22 the requirements for registration as a sexual offender and 23 other requirements provided under s. 943.0435 or s. 944.607. 24 If a petitioner obtains an order from the court that imposed 25 the order designating the petitioner as a sexual predator 26 which removes such designation, the petitioner shall forward a 27 certified copy of the written findings or order to the 28 department in order to have the sexual predator designation 29 removed from the sexual predator registry. 30 31 The sheriff shall promptly provide to the department the 3 1:02 PM 04/19/05 s1216.03cj.0e2
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 1216 Barcode 524788 1 information received from the sexual predator. 2 (8) VERIFICATION.--The department and the Department 3 of Corrections shall implement a system for verifying the 4 addresses of sexual predators. The system must be consistent 5 with the provisions of the federal Jacob Wetterling Act, as 6 amended, and any other federal standards applicable to such 7 verification or required to be met as a condition for the 8 receipt of federal funds by the state. The Department of 9 Corrections shall verify the addresses of sexual predators who 10 are not incarcerated but who reside in the community under the 11 supervision of the Department of Corrections. County and local 12 law enforcement agencies, in conjunction with the department, 13 shall verify the addresses of sexual predators who are not 14 under the care, custody, control, or supervision of the 15 Department of Corrections. 16 (a) A sexual predator must report in person each year 17 during the month of the sexual predator's birthday and during 18 the sixth month following the sexual predator's birth month to 19 the sheriff's office in the county in which he or she resides 20 or is otherwise located to reregister. The sheriff's office 21 may determine the appropriate times and days for reporting by 22 the sexual predator, which shall be consistent with the 23 reporting requirements of this paragraph. Reregistration shall 24 include any changes to the following information: 25 1. Name; social security number; age; race; sex; date 26 of birth; height; weight; hair and eye color; address of any 27 permanent residence and address of any current temporary 28 residence, within the state or out of state, including a rural 29 route address and a post office box; date and place of any 30 employment; vehicle make, model, color, and license tag 31 number; fingerprints; and photograph. A post office box shall 4 1:02 PM 04/19/05 s1216.03cj.0e2
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 1216 Barcode 524788 1 not be provided in lieu of a physical residential address. 2 2. If the sexual predator is enrolled, employed, or 3 carrying on a vocation at an institution of higher education 4 in this state, the sexual predator shall also provide to the 5 department the name, address, and county of each institution, 6 including each campus attended, and the sexual predator's 7 enrollment or employment status. 8 3. If the sexual predator's place of residence is a 9 motor vehicle, trailer, mobile home, or manufactured home, as 10 defined in chapter 320, the sexual predator shall also provide 11 vehicle identification number; the license tag number; the 12 registration number; and a description, including color 13 scheme, of the motor vehicle, trailer, mobile home, or 14 manufactured home. If the sexual predator's place of residence 15 is a vessel, live-aboard vessel, or houseboat, as defined in 16 chapter 327, the sexual predator shall also provide the hull 17 identification number; the manufacturer's serial number; the 18 name of the vessel, live-aboard vessel, or houseboat; the 19 registration number; and a description, including color 20 scheme, of the vessel, live-aboard vessel, or houseboat. 21 (b) The sheriff's office shall, within 2 working days, 22 electronically submit and update all information provided by 23 the sexual predator to the department in a manner prescribed 24 by the department. This procedure shall be implemented by 25 December 1, 2005. 26 (10) PENALTIES.--. 27 (a) Except as otherwise specifically provided, a 28 sexual predator who fails to register; who fails, after 29 registration, to maintain, acquire, or renew a driver's 30 license or identification card; who fails to provide required 31 location information or change-of-name information; who fails 5 1:02 PM 04/19/05 s1216.03cj.0e2
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 1216 Barcode 524788 1 to make a required report in connection with vacating a 2 permanent residence; who fails to reregister as required; who 3 fails to respond to any address verification correspondence 4 from the department within three weeks of the date of the 5 correspondence; or who otherwise fails, by act or omission, to 6 comply with the requirements of this section, commits a felony 7 of the third degree, punishable as provided in s. 775.082, s. 8 775.083, or s. 775.084. 9 (b) A sexual predator who has been convicted of or 10 found to have committed, or has pled nolo contendere or guilty 11 to, regardless of adjudication, any violation, or attempted 12 violation, of s. 787.01, s. 787.02, or s. 787.025, where the 13 victim is a minor and the defendant is not the victim's 14 parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 15 796.03; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145, or 16 a violation of a similar law of another jurisdiction, when the 17 victim of the offense was a minor, and who works, whether for 18 compensation or as a volunteer, at any business, school, day 19 care center, park, playground, or other place where children 20 regularly congregate, commits a felony of the third degree, 21 punishable as provided in s. 775.082, s. 775.083, or s. 22 775.084. 23 (c) Any person who misuses public records information 24 relating to a sexual predator, as defined in this section, or 25 a sexual offender, as defined in s. 943.0435 or s. 944.607, to 26 secure a payment from such a predator or offender; who 27 knowingly distributes or publishes false information relating 28 to such a predator or offender which the person misrepresents 29 as being public records information; or who materially alters 30 public records information with the intent to misrepresent the 31 information, including documents, summaries of public records 6 1:02 PM 04/19/05 s1216.03cj.0e2
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 1216 Barcode 524788 1 information provided by law enforcement agencies, or public 2 records information displayed by law enforcement agencies on 3 websites or provided through other means of communication, 4 commits a misdemeanor of the first degree, punishable as 5 provided in s. 775.082 or s. 775.083. 6 (d) A sexual predator who commits any act or omission 7 in violation of this section may be prosecuted for the act or 8 omission in the county in which the act or omission was 9 committed, the county of the last registered address of the 10 sexual predator, or the county in which the conviction 11 occurred for the offense or offenses that meet the criteria 12 for designating a person as a sexual predator. In addition, a 13 sexual predator may be prosecuted for any such act or omission 14 in the county in which he or she was designated a sexual 15 predator. 16 (e) An arrest on charges of failure to register, the 17 service of an information or a complaint for a violation of 18 this section, or an arraignment on charges for a violation of 19 this section constitutes actual notice of the duty to register 20 when the predator has been provided and advised of his or her 21 statutory obligation to register under subsection (6). A 22 sexual predator's failure to immediately register as required 23 by this section following such arrest, service, or arraignment 24 constitutes grounds for a subsequent charge of failure to 25 register. A sexual predator charged with the crime of failure 26 to register who asserts, or intends to assert, a lack of 27 notice of the duty to register as a defense to a charge of 28 failure to register shall immediately register as required by 29 this section. A sexual predator who is charged with a 30 subsequent failure to register may not assert the defense of a 31 lack of notice of the duty to register. 7 1:02 PM 04/19/05 s1216.03cj.0e2
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 1216 Barcode 524788 1 (f) Registration following such arrest, service, or 2 arraignment is not a defense and does not relieve the sexual 3 predator of criminal liability for the failure to register. 4 (g) Any person who has reason to believe that a sexual 5 predator is not complying, or has not complied, with the 6 requirements of this section and who, with the intent to 7 assist the sexual predator in eluding a law enforcement agency 8 that is seeking to find the sexual predator to question the 9 sexual predator about, or to arrest the sexual predator for, 10 his or her noncompliance with the requirements of this 11 section: 12 1. Withholds information from, or does not notify, the 13 law enforcement agency about the sexual predator's 14 noncompliance with the requirements of this section, and, if 15 known, the whereabouts of the sexual predator; 16 2. Harbors, or attempts to harbor, or assists another 17 person in harboring or attempting to harbor, the sexual 18 predator; 19 3. Conceals or attempts to conceal, or assists another 20 person in concealing or attempting to conceal, the sexual 21 predator; or 22 4. Provides information to the law enforcement agency 23 regarding the sexual predator which the person knows to be 24 false information, 25 26 commits a felony of the third degree, punishable as provided 27 in s. 775.082, s. 775.083, or s. 775.084. This paragraph does 28 not apply if the sexual predator is incarcerated in or is in 29 the custody of a state correctional facility, a private 30 correctional facility, a local jail, or a federal correctional 31 facility. 8 1:02 PM 04/19/05 s1216.03cj.0e2
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for SB 1216 Barcode 524788 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, lines 4-11, delete those lines 4 5 and insert: 6 F.S.; revising sexual predator criteria; 7 extending the period for a petition to remove a 8 sexual predator designation; requiring twice 9 yearly reregistration by sexual predators; 10 requiring reregistration information be 11 provided to the Department of Law Enforcement; 12 providing criminal offenses for failing to 13 reregister, failing to respond to address 14 verification, failing to report or providing 15 false information about a sexual predator, and 16 harboring or concealing a sexual predator; 17 amending s. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 1:02 PM 04/19/05 s1216.03cj.0e2