HB 0847

1
A bill to be entitled
2An act relating to sexual and career offenders; amending
3s. 775.21, F.S.; revising the definition of "institution
4of higher education" to include a career center; revising
5provisions relating to use of prior felonies for sexual
6predator determination; amending s. 775.261, F.S.;
7revising an operational date used for career offender
8registration; amending s. 943.0435, F.S.; revising
9language relating to the definition of "sexual offender";
10revising the definition of "institution of higher
11education" to include a career center; revising a
12provision relating to offender driver's license or
13identification card renewal; revising a reporting
14requirement for sexual offenders who vacate a permanent
15residence and fail to establish or maintain another
16permanent or temporary residence; amending s. 944.607,
17F.S.; revising language relating to the definition of
18"sexual offender"; revising the definition of "institution
19of higher education" to include a career center; providing
20an effective date.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Paragraph (h) of subsection (2), paragraph (a)
25of subsection (4), and paragraph (b) of subsection (10) of
26section 775.21, Florida Statutes, are amended to read:
27     775.21  The Florida Sexual Predators Act.--
28     (2)  DEFINITIONS.--As used in this section, the term:
29     (h)  "Institution of higher education" means a career
30center, community college, college, state university, or
31independent postsecondary institution.
32     (4)  SEXUAL PREDATOR CRITERIA.--
33     (a)  For a current offense committed on or after October 1,
341993, upon conviction, an offender shall be designated as a
35"sexual predator" under subsection (5), and subject to
36registration under subsection (6) and community and public
37notification under subsection (7) if:
38     1.  The felony is:
39     a.  A capital, life, or first-degree felony violation, or
40any attempt thereof, of s. 787.01 or s. 787.02, where the victim
41is a minor and the defendant is not the victim's parent, or of
42chapter 794, s. 800.04, or s. 847.0145, or a violation of a
43similar law of another jurisdiction; or
44     b.  Any felony violation, or any attempt thereof, of s.
45787.01, s. 787.02, or s. 787.025, where the victim is a minor
46and the defendant is not the victim's parent; chapter 794,
47excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s.
48825.1025(2)(b); s. 827.071; or s. 847.0145; or s. 985.4045(1);
49or a violation of a similar law of another jurisdiction, and the
50offender has previously been convicted of or found to have
51committed, or has pled nolo contendere or guilty to, regardless
52of adjudication, any violation of s. 787.01, s. 787.02, or s.
53787.025, where the victim is a minor and the defendant is not
54the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s.
55794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
56847.0133; s. 847.0135; or s. 847.0145;, or s. 985.4045(1); or a
57violation of a similar law of another jurisdiction;
58     2.  The offender has not received a pardon for any felony
59or similar law of another jurisdiction that is necessary for the
60operation of this paragraph; and
61     3.  A conviction of a felony or similar law of another
62jurisdiction necessary to the operation of this paragraph has
63not been set aside in any postconviction proceeding.
64     (10)  PENALTIES.--
65     (b)  A sexual predator who has been convicted of or found
66to have committed, or has pled nolo contendere or guilty to,
67regardless of adjudication, any violation, or attempted
68violation, of s. 787.01, s. 787.02, or s. 787.025, where the
69victim is a minor and the defendant is not the victim's parent;
70s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
71800.04; s. 827.071; s. 847.0133; or s. 847.0145; or s.
72985.4045(1);, or a violation of a similar law of another
73jurisdiction, when the victim of the offense was a minor, and
74who works, whether for compensation or as a volunteer, at any
75business, school, day care center, park, playground, or other
76place where children regularly congregate, commits a felony of
77the third degree, punishable as provided in s. 775.082, s.
78775.083, or s. 775.084.
79     Section 2.  Paragraph (a) of subsection (3) of section
80775.261, Florida Statutes, is amended to read:
81     775.261  The Florida Career Offender Registration Act.--
82     (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
83     (a)  A career offender released on or after July 1, 2002
84January 1, 2003, from a sanction imposed in this state for a
85designation as a habitual violent felony offender, a violent
86career criminal, or a three-time violent felony offender under
87s. 775.084 or as a prison releasee reoffender under s.
88775.082(9) must register as required under subsection (4) and is
89subject to community and public notification as provided under
90subsection (5). For purposes of this section, a sanction imposed
91in this state includes, but is not limited to, a fine,
92probation, community control, parole, conditional release,
93control release, or incarceration in a state prison, private
94correctional facility, or local detention facility, and:
95     1.  The career offender has not received a pardon for any
96felony or other qualified offense that is necessary for the
97operation of this paragraph; or
98     2.  A conviction of a felony or other qualified offense
99necessary to the operation of this paragraph has not been set
100aside in any postconviction proceeding.
101     Section 3.  Paragraphs (a) and (d) of subsection (1) and
102paragraphs (a) and (b) of subsection (4) of section 943.0435,
103Florida Statutes, are amended to read:
104     943.0435  Sexual offenders required to register with the
105department; penalty.--
106     (1)  As used in this section, the term:
107     (a)  "Sexual offender" means a person who meets the
108criteria in both subparagraphs 1. and 2., or who meets the
109criteria in either subparagraph 3. or subparagraph 4.:
110     1.  Has been convicted of committing, or attempting,
111soliciting, or conspiring to commit, any of the criminal
112offenses proscribed in the following statutes in this state or
113similar offenses in another jurisdiction: s. 787.01, s. 787.02,
114or s. 787.025, where the victim is a minor and the defendant is
115not the victim's parent; chapter 794, excluding ss. 794.011(10)
116and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s.
117847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s.
118985.4045(1); or any similar offense committed in this state
119which has been redesignated from a former statute number to one
120of those listed in this subparagraph; and
121     2.  Has been released on or after October 1, 1997, from the
122sanction imposed for any conviction of an offense described in
123subparagraph 1. For purposes of subparagraph 1., a sanction
124imposed in this state or in any other jurisdiction includes, but
125is not limited to, a fine, probation, community control, parole,
126conditional release, control release, or incarceration in a
127state prison, federal prison, private correctional facility, or
128local detention facility; or
129     3.  Establishes or maintains a residence in this state and
130who has not been designated as a sexual predator by a court of
131this state but who has been designated as a sexual predator, as
132a sexually violent predator, or by another sexual offender
133designation in another state or jurisdiction and was, as a
134result of such designation, subjected to registration or
135community or public notification, or both, or would be if the
136person were a resident of that state or jurisdiction; or
137     4.  Establishes or maintains a residence in this state who
138is in the custody or control of, or under the supervision of,
139any other state or jurisdiction as a result of a conviction for
140committing, or attempting, soliciting, or conspiring to commit,
141any of the criminal offenses proscribed in the following
142statutes or similar offense in another jurisdiction: s. 787.01,
143s. 787.02, or s. 787.025, where the victim is a minor and the
144defendant is not the victim's parent; chapter 794, excluding ss.
145794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s.
146827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
147847.0145; s. 985.4045(1); or any similar offense committed in
148this state which has been redesignated from a former statute
149number to one of those listed in this subparagraph.
150     (d)  "Institution of higher education" means a career
151center, community college, college, state university, or
152independent postsecondary institution.
153     (4)(a)  Each time a sexual offender's driver's license or
154identification card is subject to renewal, and, without regard
155to the status of the offender's predator's driver's license or
156identification card, within 48 hours after any change in the
157offender's permanent or temporary residence or change in the
158offender's name by reason of marriage or other legal process,
159the offender shall report in person to a driver's license
160office, and shall be subject to the requirements specified in
161subsection (3). The Department of Highway Safety and Motor
162Vehicles shall forward to the department all photographs and
163information provided by sexual offenders. Notwithstanding the
164restrictions set forth in s. 322.142, the Department of Highway
165Safety and Motor Vehicles is authorized to release a
166reproduction of a color-photograph or digital-image license to
167the Department of Law Enforcement for purposes of public
168notification of sexual offenders as provided in ss. 943.043,
169943.0435, and 944.606.
170     (b)  A sexual offender who vacates a permanent residence
171and fails to establish or maintain another permanent or
172temporary residence shall, within 4 days 48 hours after vacating
173the permanent residence, report in person to the department or
174the sheriff's office of the county in which he or she is
175located. The sexual offender shall specify the date upon which
176he or she intends to or did vacate such residence. The sexual
177offender must provide or update all of the registration
178information required under paragraph (2)(b). The sexual offender
179must provide an address for the residence or other location that
180he or she is or will be occupying during the time in which he or
181she fails to establish or maintain a permanent or temporary
182residence.
183     Section 4.  Paragraphs (a) and (c) of subsection (1) of
184section 944.607, Florida Statutes, are amended to read:
185     944.607  Notification to Department of Law Enforcement of
186information on sexual offenders.--
187     (1)  As used in this section, the term:
188     (a)  "Sexual offender" means a person who is in the custody
189or control of, or under the supervision of, the department or is
190in the custody of a private correctional facility:
191     1.  On or after October 1, 1997, as a result of a
192conviction for committing, or attempting, soliciting, or
193conspiring to commit, any of the criminal offenses proscribed in
194the following statutes in this state or similar offenses in
195another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
196the victim is a minor and the defendant is not the victim's
197parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
198796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
199847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s. 985.4045(1);
200or any similar offense committed in this state which has been
201redesignated from a former statute number to one of those listed
202in this paragraph; or
203     2.  Who establishes or maintains a residence in this state
204and who has not been designated as a sexual predator by a court
205of this state but who has been designated as a sexual predator,
206as a sexually violent predator, or by another sexual offender
207designation in another state or jurisdiction and was, as a
208result of such designation, subjected to registration or
209community or public notification, or both, or would be if the
210person were a resident of that state or jurisdiction.
211     (c)  "Institution of higher education" means a career
212center, community college, college, state university, or
213independent postsecondary institution.
214     Section 5.  This act shall take effect July 1, 2005.


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