HB 1599

1	A bill to be entitled
2	An act relating to sexual and career offenders; amending
3	s. 775.21, F.S.; revising the definition of "institution
4	of higher education" to include a career center; revising
5	provisions relating to use of prior felonies for sexual
6	predator determination; amending s. 775.261, F.S.;
7	revising an operational date used for career offender
8	registration; expanding applicability of registration
9	requirements; amending s. 943.0435, F.S.; revising
10	language relating to the definition of "sexual offender";
11	revising the definition of "institution of higher
12	education" to include a career center; revising a
13	provision relating to offender driver's license or
14	identification card renewal; amending s. 944.606, F.S.;
15	revising language relating to the definition of "sexual
16	offender"; amending s. 944.607, F.S.; revising language
17	relating to the definition of "sexual offender"; revising
18	the definition of "institution of higher education" to
19	include a career center; amending s. 794.065, F.S.;
20	defining the terms "convicted" and "conviction" to include
21	a conviction in another state or in a federal
22	jurisdiction; prohibiting a person who has been convicted
23	of certain sexual offenses in another state or federal
24	jurisdiction from residing within 1,000 feet of certain
25	specified locations if the victim was younger than 16
26	years of age; providing penalties; providing an effective
27	date.
28
29	Be It Enacted by the Legislature of the State of Florida:
30
31	Section 1.  Paragraph (h) of subsection (2), paragraphs (a)
32	and (b) of subsection (4), paragraph (d) of subsection (5), and
33	paragraph (b) of subsection (10) of section 775.21, Florida
34	Statutes, are amended to read:
35	775.21  The Florida Sexual Predators Act.--
36	(2)  DEFINITIONS.--As used in this section, the term:
37	(h)  "Institution of higher education" means a career
38	center, community college, college, state university, or
39	independent postsecondary institution.
40	(4)  SEXUAL PREDATOR CRITERIA.--
41	(a)  For a current offense committed on or after October 1,
42	1993, upon conviction, an offender shall be designated as a
43	"sexual predator" under subsection (5), and subject to
44	registration under subsection (6) and community and public
45	notification under subsection (7) if:
46	1.  The felony is:
47	a.  A capital, life, or first-degree felony violation, or
48	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
49	is a minor and the defendant is not the victim's parent, or of
50	chapter 794, s. 800.04, or s. 847.0145, or a violation of a
51	similar law of another jurisdiction; or
52	b.  Any felony violation, or any attempt thereof, of s.
53	787.01, s. 787.02, or s. 787.025, where the victim is a minor
54	and the defendant is not the victim's parent; chapter 794,
55	excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035;
56	s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or s.
57	985.4045(1); or a violation of a similar law of another
58	jurisdiction, and the offender has previously been convicted of
59	or found to have committed, or has pled nolo contendere or
60	guilty to, regardless of adjudication, any violation of s.
61	787.01, s. 787.02, or s. 787.025, where the victim is a minor
62	and the defendant is not the victim's parent; s. 794.011(2),
63	(3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
64	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s.
65	847.0145; or s. 985.4045(1);, or a violation of a similar law of
66	another jurisdiction;
67	2.  The offender has not received a pardon for any felony
68	or similar law of another jurisdiction that is necessary for the
69	operation of this paragraph; and
70	3.  A conviction of a felony or similar law of another
71	jurisdiction necessary to the operation of this paragraph has
72	not been set aside in any postconviction proceeding.
73	(b)  In order to be counted as a prior felony for purposes
74	of this subsection, the felony must have resulted in a
75	conviction sentenced separately, or an adjudication of
76	delinquency entered separately, prior to the current offense and
77	sentenced or adjudicated separately from any other felony
78	conviction that is to be counted as a prior felony regardless of
79	the date of offense of the prior felony. If the offender's prior
80	enumerated felony was committed more than 10 years before the
81	primary offense, it shall not be considered a prior felony under
82	this subsection if the offender has not been convicted of any
83	other crime for a period of 10 consecutive years from the most
84	recent date of release from confinement, supervision, or
85	sanction, whichever is later.
86	(5)  SEXUAL PREDATOR DESIGNATION.--An offender is
87	designated as a sexual predator as follows:
88	(d)  A person who establishes or maintains a residence in
89	this state and who has not been designated as a sexual predator
90	by a court of this state but who has been designated as a sexual
91	predator, as a sexually violent predator, or by another sexual
92	offender designation in another state or jurisdiction and was,
93	as a result of such designation, subjected to registration or
94	community or public notification, or both, or would be if the
95	person was a resident of that state or jurisdiction, without
96	regard to whether the person otherwise meets the criteria for
97	registration as a sexual offender, shall register in the manner
98	provided in s. 943.0435 or s. 944.607 and shall be subject to
99	community and public notification as provided in s. 943.0435 or
100	s. 944.607. A person who meets the criteria of this section is
101	subject to the requirements and penalty provisions of s.
102	943.0435 or s. 944.607 until the person provides the department
103	with an order issued by the court that designated the person as
104	a sexual predator, as a sexually violent predator, or by another
105	sexual offender designation in the state or jurisdiction in
106	which the order was issued which states that such designation
107	has been removed or demonstrates to the department that such
108	designation, if not imposed by a court, has been removed by
109	operation of law or court order in the state or jurisdiction in
110	which the designation was made, and provided such person no
111	longer meets the criteria for registration as a sexual offender
112	under the laws of this state.
113	(10)  PENALTIES.--
114	(b)  A sexual predator who has been convicted of or found
115	to have committed, or has pled nolo contendere or guilty to,
116	regardless of adjudication, any violation, or attempted
117	violation, of s. 787.01, s. 787.02, or s. 787.025, where the
118	victim is a minor and the defendant is not the victim's parent;
119	s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
120	796.035; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145; or
121	s. 985.4045(1);, or a violation of a similar law of another
122	jurisdiction, when the victim of the offense was a minor, and
123	who works, whether for compensation or as a volunteer, at any
124	business, school, day care center, park, playground, or other
125	place where children regularly congregate, commits a felony of
126	the third degree, punishable as provided in s. 775.082, s.
127	775.083, or s. 775.084.
128	Section 2.  Paragraph (a) of subsection (3) of section
129	775.261, Florida Statutes, is amended to read:
130	775.261  The Florida Career Offender Registration Act.--
131	(3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
132	(a)  A career offender released on or after July 1, 2002
133	January 1, 2003, from a sanction imposed in this state for a
134	designation as a habitual violent felony offender, a violent
135	career criminal, or a three-time violent felony offender under
136	s. 775.084 or as a prison releasee reoffender under s.
137	775.082(9) must register as required under subsection (4) and is
138	subject to community and public notification as provided under
139	subsection (5). For purposes of this section, a sanction imposed
140	in this state includes, but is not limited to, a fine,
141	probation, community control, parole, conditional release,
142	control release, or incarceration in a state prison, private
143	correctional facility, or local detention facility, and:
144	1.  The career offender has not received a pardon for any
145	felony or other qualified offense that is necessary for the
146	operation of this paragraph; or
147	2.  A conviction of a felony or other qualified offense
148	necessary to the operation of this paragraph has not been set
149	aside in any postconviction proceeding.
150	Section 3.  Paragraphs (a) and (d) of subsection (1),
151	paragraph (a) of subsection (4), and paragraph (c) of subsection
152	(11) of section 943.0435, Florida Statutes, are amended to read:
153	943.0435  Sexual offenders required to register with the
154	department; penalty.--
155	(1)  As used in this section, the term:
156	(a)  "Sexual offender" means a person who meets the
157	criteria in subparagraph 1., subparagraph 2., or subparagraph
158	3.:
159	1.a.  Has been convicted of committing, or attempting,
160	soliciting, or conspiring to commit, any of the criminal
161	offenses proscribed in the following statutes in this state or
162	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
163	or s. 787.025, where the victim is a minor and the defendant is
164	not the victim's parent; chapter 794, excluding ss. 794.011(10)
165	and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
166	827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
167	847.0145; s. 985.4045(1); or any similar offense committed in
168	this state which has been redesignated from a former statute
169	number to one of those listed in this sub-subparagraph
170	subparagraph; and
171	b.2.  Has been released on or after October 1, 1997, from
172	the sanction imposed for any conviction of an offense described
173	in sub-subparagraph a. subparagraph 1. For purposes of sub-
174	subparagraph a. subparagraph 1., a sanction imposed in this
175	state or in any other jurisdiction includes, but is not limited
176	to, a fine, probation, community control, parole, conditional
177	release, control release, or incarceration in a state prison,
178	federal prison, private correctional facility, or local
179	detention facility; or
180	2.3.  Establishes or maintains a residence in this state
181	and who has not been designated as a sexual predator by a court
182	of this state but who has been designated as a sexual predator,
183	as a sexually violent predator, or by another sexual offender
184	designation in another state or jurisdiction and was, as a
185	result of such designation, subjected to registration or
186	community or public notification, or both, or would be if the
187	person were a resident of that state or jurisdiction, without
188	regard to whether the person otherwise meets the criteria for
189	registration as a sexual offender; or
190	3.4.  Establishes or maintains a residence in this state
191	who is in the custody or control of, or under the supervision
192	of, any other state or jurisdiction as a result of a conviction
193	for committing, or attempting, soliciting, or conspiring to
194	commit, any of the criminal offenses proscribed in the following
195	statutes or similar offense in another jurisdiction: s. 787.01,
196	s. 787.02, or s. 787.025, where the victim is a minor and the
197	defendant is not the victim's parent; chapter 794, excluding ss.
198	794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s.
199	825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s.
200	847.0138; s. 847.0145; s. 985.4045(1); or any similar offense
201	committed in this state which has been redesignated from a
202	former statute number to one of those listed in this
203	subparagraph.
204	(d)  "Institution of higher education" means a career
205	center, community college, college, state university, or
206	independent postsecondary institution.
207	(4)(a)  Each time a sexual offender's driver's license or
208	identification card is subject to renewal, and, without regard
209	to the status of the offender's predator's driver's license or
210	identification card, within 48 hours after any change in the
211	offender's permanent or temporary residence or change in the
212	offender's name by reason of marriage or other legal process,
213	the offender shall report in person to a driver's license
214	office, and shall be subject to the requirements specified in
215	subsection (3). The Department of Highway Safety and Motor
216	Vehicles shall forward to the department all photographs and
217	information provided by sexual offenders. Notwithstanding the
218	restrictions set forth in s. 322.142, the Department of Highway
219	Safety and Motor Vehicles is authorized to release a
220	reproduction of a color-photograph or digital-image license to
221	the Department of Law Enforcement for purposes of public
222	notification of sexual offenders as provided in ss. 943.043,
223	943.0435, and 944.606.
224	(11)  A sexual offender must maintain registration with the
225	department for the duration of his or her life, unless the
226	sexual offender has received a full pardon or has had a
227	conviction set aside in a postconviction proceeding for any
228	offense that meets the criteria for classifying the person as a
229	sexual offender for purposes of registration. However, a sexual
230	offender:
231	(c)  As defined in subparagraph (1)(a)2.3. must maintain
232	registration with the department for the duration of his or her
233	life until the person provides the department with an order
234	issued by the court that designated the person as a sexual
235	predator, as a sexually violent predator, or by another sexual
236	offender designation in the state or jurisdiction in which the
237	order was issued which states that such designation has been
238	removed or demonstrates to the department that such designation,
239	if not imposed by a court, has been removed by operation of law
240	or court order in the state or jurisdiction in which the
241	designation was made, and provided such person no longer meets
242	the criteria for registration as a sexual offender under the
243	laws of this state.
244	Section 4.  Paragraph (b) of subsection (1) of section
245	944.606, Florida Statutes, is amended to read:
246	944.606  Sexual offenders; notification upon release.--
247	(1)  As used in this section:
248	(b)  "Sexual offender" means a person who has been
249	convicted of committing, or attempting, soliciting, or
250	conspiring to commit, any of the criminal offenses proscribed in
251	the following statutes in this state or similar offenses in
252	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
253	the victim is a minor and the defendant is not the victim's
254	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
255	796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
256	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s.
257	985.4045(1); or any similar offense committed in this state
258	which has been redesignated from a former statute number to one
259	of those listed in this subsection, when the department has
260	received verified information regarding such conviction; an
261	offender's computerized criminal history record is not, in and
262	of itself, verified information.
263	Section 5.  Paragraphs (a) and (c) of subsection (1) of
264	section 944.607, Florida Statutes, are amended to read:
265	944.607  Notification to Department of Law Enforcement of
266	information on sexual offenders.--
267	(1)  As used in this section, the term:
268	(a)  "Sexual offender" means a person who is in the custody
269	or control of, or under the supervision of, the department or is
270	in the custody of a private correctional facility:
271	1.  On or after October 1, 1997, as a result of a
272	conviction for committing, or attempting, soliciting, or
273	conspiring to commit, any of the criminal offenses proscribed in
274	the following statutes in this state or similar offenses in
275	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
276	the victim is a minor and the defendant is not the victim's
277	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
278	796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
279	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s.
280	985.4045(1); or any similar offense committed in this state
281	which has been redesignated from a former statute number to one
282	of those listed in this paragraph; or
283	2.  Who establishes or maintains a residence in this state
284	and who has not been designated as a sexual predator by a court
285	of this state but who has been designated as a sexual predator,
286	as a sexually violent predator, or by another sexual offender
287	designation in another state or jurisdiction and was, as a
288	result of such designation, subjected to registration or
289	community or public notification, or both, or would be if the
290	person were a resident of that state or jurisdiction, without
291	regard as to whether the person otherwise meets the criteria for
292	registration as a sexual offender.
293	(c)  "Institution of higher education" means a career
294	center, community college, college, state university, or
295	independent postsecondary institution.
296
297	Section 6.  Section 794.065, Florida Statutes, is amended
298	to read:
299	794.065  Unlawful place of residence for persons convicted
300	of certain sex offenses.--
301	(1)  As used in this section, the term "convicted" or
302	"conviction" means there has been a determination of guilt as a
303	result of a trial or the entry of a plea of guilty or nolo
304	contendere, regardless of whether adjudication was withheld. A
305	conviction for a similar offense includes, but is not limited
306	to, a conviction by a state or federal court or military
307	tribunal, including a court-martial conducted by the Armed
308	Forces of the United States, and includes a conviction or entry
309	of a plea of guilty or nolo contendere resulting in a sanction
310	in any state of the United States or other jurisdiction. A
311	sanction includes, but is not limited to, a fine; probation;
312	community control; parole; conditional release; control release;
313	or incarceration in a state prison, federal prison, private
314	correctional facility, or local detention facility.
315	(2)(1)  It is unlawful for any person who has been
316	convicted of a violation of s. 794.011, s. 800.04, s. 827.071,
317	or s. 847.0145, or a similar offense in another jurisdiction
318	regardless of whether adjudication has been withheld, in which
319	the victim of the offense was less than 16 years of age, to
320	reside within 1,000 feet of any school, day care center, park,
321	or playground. A person who violates this section and whose
322	conviction under s. 794.011, s. 800.04, s. 827.071, or s.
323	847.0145, or whose conviction of a similar offense in another
324	jurisdiction, was classified as a felony of the first degree or
325	higher commits a felony of the third degree, punishable as
326	provided in s. 775.082 or s. 775.083. A person who violates this
327	section and whose conviction under s. 794.011, s. 800.04, s.
328	827.071, or s. 847.0145, or whose conviction of a similar
329	offense in another jurisdiction, was classified as a felony of
330	the second or third degree commits a misdemeanor of the first
331	degree, punishable as provided in s. 775.082 or s. 775.083.
332	(3)(2)  This section applies to any person convicted of a
333	violation of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145
334	for offenses that occur on or after October 1, 2004, and, for
335	offenses that occur on or after July 1, 2005, to any person
336	convicted of a similar offense in another jurisdiction.
337	Section 7.  This act shall take effect July 1, 2005.

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