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

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