Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1216
Barcode 524788
CHAMBER ACTION
Senate House
.
.
1 3/AD/2R .
04/20/2005 02:47 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
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
1
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