(LATE FILED)Amendment
Bill No. 1599
Amendment No. 098355
CHAMBER ACTION
Senate House
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1Representative(s) Porth offered the following:
2
3     Amendment (with title amendment)
4     Between lines 17 and 18, insert:
5     Section 1.  Paragraph (h) of subsection (2), paragraphs (a)
6and (b) of subsection (4), paragraph (d) of subsection (5), and
7paragraph (b) of subsection (10) of section 775.21, Florida
8Statutes, are amended to read:
9     775.21  The Florida Sexual Predators Act.--
10     (2)  DEFINITIONS.--As used in this section, the term:
11     (h)  "Institution of higher education" means a career
12center, community college, college, state university, or
13independent postsecondary institution.
14     (4)  SEXUAL PREDATOR CRITERIA.--
15     (a)  For a current offense committed on or after October 1,
161993, upon conviction, an offender shall be designated as a
17"sexual predator" under subsection (5), and subject to
18registration under subsection (6) and community and public
19notification under subsection (7) if:
20     1.  The felony is:
21     a.  A capital, life, or first-degree felony violation, or
22any attempt thereof, of s. 787.01 or s. 787.02, where the victim
23is a minor and the defendant is not the victim's parent, or of
24chapter 794, s. 800.04, or s. 847.0145, or a violation of a
25similar law of another jurisdiction; or
26     b.  Any felony violation, or any attempt thereof, of s.
27787.01, s. 787.02, or s. 787.025, where the victim is a minor
28and the defendant is not the victim's parent; chapter 794,
29excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035;
30s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or s.
31985.4045(1); or a violation of a similar law of another
32jurisdiction, and the offender has previously been convicted of
33or found to have committed, or has pled nolo contendere or
34guilty to, regardless of adjudication, any violation of s.
35787.01, s. 787.02, or s. 787.025, where the victim is a minor
36and the defendant is not the victim's parent; s. 794.011(2),
37(3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
38800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s.
39847.0145; or s. 985.4045(1);, or a violation of a similar law of
40another jurisdiction;
41     2.  The offender has not received a pardon for any felony
42or similar law of another jurisdiction that is necessary for the
43operation of this paragraph; and
44     3.  A conviction of a felony or similar law of another
45jurisdiction necessary to the operation of this paragraph has
46not been set aside in any postconviction proceeding.
47     (b)  In order to be counted as a prior felony for purposes
48of this subsection, the felony must have resulted in a
49conviction sentenced separately, or an adjudication of
50delinquency entered separately, prior to the current offense and
51sentenced or adjudicated separately from any other felony
52conviction that is to be counted as a prior felony regardless of
53the date of offense of the prior felony. If the offender's prior
54enumerated felony was committed more than 10 years before the
55primary offense, it shall not be considered a prior felony under
56this subsection if the offender has not been convicted of any
57other crime for a period of 10 consecutive years from the most
58recent date of release from confinement, supervision, or
59sanction, whichever is later.
60     (5)  SEXUAL PREDATOR DESIGNATION.--An offender is
61designated as a sexual predator as follows:
62     (d)  A person who establishes or maintains a residence in
63this state and who has not been designated as a sexual predator
64by a court of this state but who has been designated as a sexual
65predator, as a sexually violent predator, or by another sexual
66offender designation in another state or jurisdiction and was,
67as a result of such designation, subjected to registration or
68community or public notification, or both, or would be if the
69person was a resident of that state or jurisdiction, without
70regard to whether the person otherwise meets the criteria for
71registration as a sexual offender, shall register in the manner
72provided in s. 943.0435 or s. 944.607 and shall be subject to
73community and public notification as provided in s. 943.0435 or
74s. 944.607. A person who meets the criteria of this section is
75subject to the requirements and penalty provisions of s.
76943.0435 or s. 944.607 until the person provides the department
77with an order issued by the court that designated the person as
78a sexual predator, as a sexually violent predator, or by another
79sexual offender designation in the state or jurisdiction in
80which the order was issued which states that such designation
81has been removed or demonstrates to the department that such
82designation, if not imposed by a court, has been removed by
83operation of law or court order in the state or jurisdiction in
84which the designation was made, and provided such person no
85longer meets the criteria for registration as a sexual offender
86under the laws of this state.
87     (10)  PENALTIES.--
88     (b)  A sexual predator who has been convicted of or found
89to have committed, or has pled nolo contendere or guilty to,
90regardless of adjudication, any violation, or attempted
91violation, of s. 787.01, s. 787.02, or s. 787.025, where the
92victim is a minor and the defendant is not the victim's parent;
93s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
94796.035; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145; or
95s. 985.4045(1);, or a violation of a similar law of another
96jurisdiction, when the victim of the offense was a minor, and
97who works, whether for compensation or as a volunteer, at any
98business, school, day care center, park, playground, or other
99place where children regularly congregate, commits a felony of
100the third degree, punishable as provided in s. 775.082, s.
101775.083, or s. 775.084.
102     Section 2.  Paragraph (a) of subsection (3) of section
103775.261, Florida Statutes, is amended to read:
104     775.261  The Florida Career Offender Registration Act.--
105     (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
106     (a)  A career offender released on or after July 1, 2002
107January 1, 2003, from a sanction imposed in this state for a
108designation as a habitual violent felony offender, a violent
109career criminal, or a three-time violent felony offender under
110s. 775.084 or as a prison releasee reoffender under s.
111775.082(9) must register as required under subsection (4) and is
112subject to community and public notification as provided under
113subsection (5). For purposes of this section, a sanction imposed
114in this state includes, but is not limited to, a fine,
115probation, community control, parole, conditional release,
116control release, or incarceration in a state prison, private
117correctional facility, or local detention facility, and:
118     1.  The career offender has not received a pardon for any
119felony or other qualified offense that is necessary for the
120operation of this paragraph; or
121     2.  A conviction of a felony or other qualified offense
122necessary to the operation of this paragraph has not been set
123aside in any postconviction proceeding.
124     Section 3.  Paragraphs (a) and (d) of subsection (1),
125paragraph (a) of subsection (4), and paragraph (c) of subsection
126(11) of section 943.0435, Florida Statutes, are amended to read:
127     943.0435  Sexual offenders required to register with the
128department; penalty.--
129     (1)  As used in this section, the term:
130     (a)  "Sexual offender" means a person who meets the
131criteria in subparagraph 1., subparagraph 2., or subparagraph
1323.:
133     1.a.  Has been convicted of committing, or attempting,
134soliciting, or conspiring to commit, any of the criminal
135offenses proscribed in the following statutes in this state or
136similar offenses in another jurisdiction: s. 787.01, s. 787.02,
137or s. 787.025, where the victim is a minor and the defendant is
138not the victim's parent; chapter 794, excluding ss. 794.011(10)
139and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
140827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
141847.0145; s. 985.4045(1); or any similar offense committed in
142this state which has been redesignated from a former statute
143number to one of those listed in this sub-subparagraph
144subparagraph; and
145     b.2.  Has been released on or after October 1, 1997, from
146the sanction imposed for any conviction of an offense described
147in sub-subparagraph a. subparagraph 1. For purposes of sub-
148subparagraph a. subparagraph 1., a sanction imposed in this
149state or in any other jurisdiction includes, but is not limited
150to, a fine, probation, community control, parole, conditional
151release, control release, or incarceration in a state prison,
152federal prison, private correctional facility, or local
153detention facility; or
154     2.3.  Establishes or maintains a residence in this state
155and who has not been designated as a sexual predator by a court
156of this state but who has been designated as a sexual predator,
157as a sexually violent predator, or by another sexual offender
158designation in another state or jurisdiction and was, as a
159result of such designation, subjected to registration or
160community or public notification, or both, or would be if the
161person were a resident of that state or jurisdiction, without
162regard to whether the person otherwise meets the criteria for
163registration as a sexual offender; or
164     3.4.  Establishes or maintains a residence in this state
165who is in the custody or control of, or under the supervision
166of, any other state or jurisdiction as a result of a conviction
167for committing, or attempting, soliciting, or conspiring to
168commit, any of the criminal offenses proscribed in the following
169statutes or similar offense in another jurisdiction: s. 787.01,
170s. 787.02, or s. 787.025, where the victim is a minor and the
171defendant is not the victim's parent; chapter 794, excluding ss.
172794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s.
173825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s.
174847.0138; s. 847.0145; s. 985.4045(1); or any similar offense
175committed in this state which has been redesignated from a
176former statute number to one of those listed in this
177subparagraph.
178     (d)  "Institution of higher education" means a career
179center, community college, college, state university, or
180independent postsecondary institution.
181     (4)(a)  Each time a sexual offender's driver's license or
182identification card is subject to renewal, and, without regard
183to the status of the offender's predator's driver's license or
184identification card, within 48 hours after any change in the
185offender's permanent or temporary residence or change in the
186offender's name by reason of marriage or other legal process,
187the offender shall report in person to a driver's license
188office, and shall be subject to the requirements specified in
189subsection (3). The Department of Highway Safety and Motor
190Vehicles shall forward to the department all photographs and
191information provided by sexual offenders. Notwithstanding the
192restrictions set forth in s. 322.142, the Department of Highway
193Safety and Motor Vehicles is authorized to release a
194reproduction of a color-photograph or digital-image license to
195the Department of Law Enforcement for purposes of public
196notification of sexual offenders as provided in ss. 943.043,
197943.0435, and 944.606.
198     (11)  A sexual offender must maintain registration with the
199department for the duration of his or her life, unless the
200sexual offender has received a full pardon or has had a
201conviction set aside in a postconviction proceeding for any
202offense that meets the criteria for classifying the person as a
203sexual offender for purposes of registration. However, a sexual
204offender:
205     (c)  As defined in subparagraph (1)(a)2.3. must maintain
206registration with the department for the duration of his or her
207life until the person provides the department with an order
208issued by the court that designated the person as a sexual
209predator, as a sexually violent predator, or by another sexual
210offender designation in the state or jurisdiction in which the
211order was issued which states that such designation has been
212removed or demonstrates to the department that such designation,
213if not imposed by a court, has been removed by operation of law
214or court order in the state or jurisdiction in which the
215designation was made, and provided such person no longer meets
216the criteria for registration as a sexual offender under the
217laws of this state.
218     Section 4.  Paragraph (b) of subsection (1) of section
219944.606, Florida Statutes, is amended to read:
220     944.606  Sexual offenders; notification upon release.--
221     (1)  As used in this section:
222     (b)  "Sexual offender" means a person who has been
223convicted of committing, or attempting, soliciting, or
224conspiring to commit, any of the criminal offenses proscribed in
225the following statutes in this state or similar offenses in
226another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
227the victim is a minor and the defendant is not the victim's
228parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
229796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
230847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s.
231985.4045(1); or any similar offense committed in this state
232which has been redesignated from a former statute number to one
233of those listed in this subsection, when the department has
234received verified information regarding such conviction; an
235offender's computerized criminal history record is not, in and
236of itself, verified information.
237     Section 5.  Paragraphs (a) and (c) of subsection (1) of
238section 944.607, Florida Statutes, are amended to read:
239     944.607  Notification to Department of Law Enforcement of
240information on sexual offenders.--
241     (1)  As used in this section, the term:
242     (a)  "Sexual offender" means a person who is in the custody
243or control of, or under the supervision of, the department or is
244in the custody of a private correctional facility:
245     1.  On or after October 1, 1997, as a result of a
246conviction for committing, or attempting, soliciting, or
247conspiring to commit, any of the criminal offenses proscribed in
248the following statutes in this state or similar offenses in
249another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
250the victim is a minor and the defendant is not the victim's
251parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
252796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
253847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s.
254985.4045(1); or any similar offense committed in this state
255which has been redesignated from a former statute number to one
256of those listed in this paragraph; or
257     2.  Who establishes or maintains a residence in this state
258and who has not been designated as a sexual predator by a court
259of this state but who has been designated as a sexual predator,
260as a sexually violent predator, or by another sexual offender
261designation in another state or jurisdiction and was, as a
262result of such designation, subjected to registration or
263community or public notification, or both, or would be if the
264person were a resident of that state or jurisdiction, without
265regard as to whether the person otherwise meets the criteria for
266registration as a sexual offender.
267     (c)  "Institution of higher education" means a career
268center, community college, college, state university, or
269independent postsecondary institution.
270
271================ T I T L E  A M E N D M E N T =============
272     Remove line 6 and insert:
273An act relating to sexual and career offenders; amending
274s. 775.21, F.S.; revising the definition of "institution
275of higher education" to include a career center; revising
276provisions relating to use of prior felonies for sexual
277predator determination; amending s. 775.261, F.S.;
278revising an operational date used for career offender
279registration; expanding applicability of registration
280requirements; amending s. 943.0435, F.S.; revising
281language relating to the definition of "sexual offender";
282revising the definition of "institution of higher
283education" to include a career center; revising a
284provision relating to offender driver's license or
285identification card renewal; amending s. 944.606, F.S.;
286revising language relating to the definition of "sexual
287offender"; amending s. 944.607, F.S.; revising language
288relating to the definition of "sexual offender"; revising
289the definition of "institution of higher education" to
290include a career center; amending s. 794.065,


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