| 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; amending s. 943.0435, F.S.; revising |
| 9 | language relating to the definition of "sexual offender"; |
| 10 | revising the definition of "institution of higher |
| 11 | education" to include a career center; revising a |
| 12 | provision relating to offender driver's license or |
| 13 | identification card renewal; revising a reporting |
| 14 | requirement for sexual offenders who vacate a permanent |
| 15 | residence and fail to establish or maintain another |
| 16 | permanent or temporary residence; amending s. 944.607, |
| 17 | F.S.; revising language relating to the definition of |
| 18 | "sexual offender"; revising the definition of "institution |
| 19 | of higher education" to include a career center; providing |
| 20 | an effective date. |
| 21 |
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| 22 | Be It Enacted by the Legislature of the State of Florida: |
| 23 |
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| 24 | Section 1. Paragraph (h) of subsection (2), paragraph (a) |
| 25 | of subsection (4), and paragraph (b) of subsection (10) of |
| 26 | section 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 |
| 30 | center, community college, college, state university, or |
| 31 | independent postsecondary institution. |
| 32 | (4) SEXUAL PREDATOR CRITERIA.-- |
| 33 | (a) For a current offense committed on or after October 1, |
| 34 | 1993, upon conviction, an offender shall be designated as a |
| 35 | "sexual predator" under subsection (5), and subject to |
| 36 | registration under subsection (6) and community and public |
| 37 | notification under subsection (7) if: |
| 38 | 1. The felony is: |
| 39 | a. A capital, life, or first-degree felony violation, or |
| 40 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim |
| 41 | is a minor and the defendant is not the victim's parent, or of |
| 42 | chapter 794, s. 800.04, or s. 847.0145, or a violation of a |
| 43 | similar law of another jurisdiction; or |
| 44 | b. Any felony violation, or any attempt thereof, of s. |
| 45 | 787.01, s. 787.02, or s. 787.025, where the victim is a minor |
| 46 | and the defendant is not the victim's parent; chapter 794, |
| 47 | excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. |
| 48 | 825.1025(2)(b); s. 827.071; or s. 847.0145; or s. 985.4045(1); |
| 49 | or a violation of a similar law of another jurisdiction, and the |
| 50 | offender has previously been convicted of or found to have |
| 51 | committed, or has pled nolo contendere or guilty to, regardless |
| 52 | of adjudication, any violation of s. 787.01, s. 787.02, or s. |
| 53 | 787.025, where the victim is a minor and the defendant is not |
| 54 | the victim's parent; s. 794.011(2), (3), (4), (5), or (8); s. |
| 55 | 794.05; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. |
| 56 | 847.0133; s. 847.0135; or s. 847.0145;, or s. 985.4045(1); or a |
| 57 | violation of a similar law of another jurisdiction; |
| 58 | 2. The offender has not received a pardon for any felony |
| 59 | or similar law of another jurisdiction that is necessary for the |
| 60 | operation of this paragraph; and |
| 61 | 3. A conviction of a felony or similar law of another |
| 62 | jurisdiction necessary to the operation of this paragraph has |
| 63 | not been set aside in any postconviction proceeding. |
| 64 | (10) PENALTIES.-- |
| 65 | (b) A sexual predator who has been convicted of or found |
| 66 | to have committed, or has pled nolo contendere or guilty to, |
| 67 | regardless of adjudication, any violation, or attempted |
| 68 | violation, of s. 787.01, s. 787.02, or s. 787.025, where the |
| 69 | victim is a minor and the defendant is not the victim's parent; |
| 70 | s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. |
| 71 | 800.04; s. 827.071; s. 847.0133; or s. 847.0145; or s. |
| 72 | 985.4045(1);, or a violation of a similar law of another |
| 73 | jurisdiction, when the victim of the offense was a minor, and |
| 74 | who works, whether for compensation or as a volunteer, at any |
| 75 | business, school, day care center, park, playground, or other |
| 76 | place where children regularly congregate, commits a felony of |
| 77 | the third degree, punishable as provided in s. 775.082, s. |
| 78 | 775.083, or s. 775.084. |
| 79 | Section 2. Paragraph (a) of subsection (3) of section |
| 80 | 775.261, 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 |
| 84 | January 1, 2003, from a sanction imposed in this state for a |
| 85 | designation as a habitual violent felony offender, a violent |
| 86 | career criminal, or a three-time violent felony offender under |
| 87 | s. 775.084 or as a prison releasee reoffender under s. |
| 88 | 775.082(9) must register as required under subsection (4) and is |
| 89 | subject to community and public notification as provided under |
| 90 | subsection (5). For purposes of this section, a sanction imposed |
| 91 | in this state includes, but is not limited to, a fine, |
| 92 | probation, community control, parole, conditional release, |
| 93 | control release, or incarceration in a state prison, private |
| 94 | correctional facility, or local detention facility, and: |
| 95 | 1. The career offender has not received a pardon for any |
| 96 | felony or other qualified offense that is necessary for the |
| 97 | operation of this paragraph; or |
| 98 | 2. A conviction of a felony or other qualified offense |
| 99 | necessary to the operation of this paragraph has not been set |
| 100 | aside in any postconviction proceeding. |
| 101 | Section 3. Paragraphs (a) and (d) of subsection (1) and |
| 102 | paragraphs (a) and (b) of subsection (4) of section 943.0435, |
| 103 | Florida Statutes, are amended to read: |
| 104 | 943.0435 Sexual offenders required to register with the |
| 105 | department; penalty.-- |
| 106 | (1) As used in this section, the term: |
| 107 | (a) "Sexual offender" means a person who meets the |
| 108 | criteria in both subparagraphs 1. and 2., or who meets the |
| 109 | criteria in either subparagraph 3. or subparagraph 4.: |
| 110 | 1. Has been convicted of committing, or attempting, |
| 111 | soliciting, or conspiring to commit, any of the criminal |
| 112 | offenses proscribed in the following statutes in this state or |
| 113 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
| 114 | or s. 787.025, where the victim is a minor and the defendant is |
| 115 | not the victim's parent; chapter 794, excluding ss. 794.011(10) |
| 116 | and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. 827.071; s. |
| 117 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s. |
| 118 | 985.4045(1); or any similar offense committed in this state |
| 119 | which has been redesignated from a former statute number to one |
| 120 | of those listed in this subparagraph; and |
| 121 | 2. Has been released on or after October 1, 1997, from the |
| 122 | sanction imposed for any conviction of an offense described in |
| 123 | subparagraph 1. For purposes of subparagraph 1., a sanction |
| 124 | imposed in this state or in any other jurisdiction includes, but |
| 125 | is not limited to, a fine, probation, community control, parole, |
| 126 | conditional release, control release, or incarceration in a |
| 127 | state prison, federal prison, private correctional facility, or |
| 128 | local detention facility; or |
| 129 | 3. Establishes or maintains a residence in this state and |
| 130 | who has not been designated as a sexual predator by a court of |
| 131 | this state but who has been designated as a sexual predator, as |
| 132 | a sexually violent predator, or by another sexual offender |
| 133 | designation in another state or jurisdiction and was, as a |
| 134 | result of such designation, subjected to registration or |
| 135 | community or public notification, or both, or would be if the |
| 136 | person were a resident of that state or jurisdiction; or |
| 137 | 4. Establishes or maintains a residence in this state who |
| 138 | is in the custody or control of, or under the supervision of, |
| 139 | any other state or jurisdiction as a result of a conviction for |
| 140 | committing, or attempting, soliciting, or conspiring to commit, |
| 141 | any of the criminal offenses proscribed in the following |
| 142 | statutes or similar offense in another jurisdiction: s. 787.01, |
| 143 | s. 787.02, or s. 787.025, where the victim is a minor and the |
| 144 | defendant is not the victim's parent; chapter 794, excluding ss. |
| 145 | 794.011(10) and 794.0235; s. 796.03; s. 800.04; s. 825.1025; s. |
| 146 | 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. |
| 147 | 847.0145; s. 985.4045(1); or any similar offense committed in |
| 148 | this state which has been redesignated from a former statute |
| 149 | number to one of those listed in this subparagraph. |
| 150 | (d) "Institution of higher education" means a career |
| 151 | center, community college, college, state university, or |
| 152 | independent postsecondary institution. |
| 153 | (4)(a) Each time a sexual offender's driver's license or |
| 154 | identification card is subject to renewal, and, without regard |
| 155 | to the status of the offender's predator's driver's license or |
| 156 | identification card, within 48 hours after any change in the |
| 157 | offender's permanent or temporary residence or change in the |
| 158 | offender's name by reason of marriage or other legal process, |
| 159 | the offender shall report in person to a driver's license |
| 160 | office, and shall be subject to the requirements specified in |
| 161 | subsection (3). The Department of Highway Safety and Motor |
| 162 | Vehicles shall forward to the department all photographs and |
| 163 | information provided by sexual offenders. Notwithstanding the |
| 164 | restrictions set forth in s. 322.142, the Department of Highway |
| 165 | Safety and Motor Vehicles is authorized to release a |
| 166 | reproduction of a color-photograph or digital-image license to |
| 167 | the Department of Law Enforcement for purposes of public |
| 168 | notification of sexual offenders as provided in ss. 943.043, |
| 169 | 943.0435, and 944.606. |
| 170 | (b) A sexual offender who vacates a permanent residence |
| 171 | and fails to establish or maintain another permanent or |
| 172 | temporary residence shall, within 4 days 48 hours after vacating |
| 173 | the permanent residence, report in person to the department or |
| 174 | the sheriff's office of the county in which he or she is |
| 175 | located. The sexual offender shall specify the date upon which |
| 176 | he or she intends to or did vacate such residence. The sexual |
| 177 | offender must provide or update all of the registration |
| 178 | information required under paragraph (2)(b). The sexual offender |
| 179 | must provide an address for the residence or other location that |
| 180 | he or she is or will be occupying during the time in which he or |
| 181 | she fails to establish or maintain a permanent or temporary |
| 182 | residence. |
| 183 | Section 4. Paragraphs (a) and (c) of subsection (1) of |
| 184 | section 944.607, Florida Statutes, are amended to read: |
| 185 | 944.607 Notification to Department of Law Enforcement of |
| 186 | information on sexual offenders.-- |
| 187 | (1) As used in this section, the term: |
| 188 | (a) "Sexual offender" means a person who is in the custody |
| 189 | or control of, or under the supervision of, the department or is |
| 190 | in the custody of a private correctional facility: |
| 191 | 1. On or after October 1, 1997, as a result of a |
| 192 | conviction for committing, or attempting, soliciting, or |
| 193 | conspiring to commit, any of the criminal offenses proscribed in |
| 194 | the following statutes in this state or similar offenses in |
| 195 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where |
| 196 | the victim is a minor and the defendant is not the victim's |
| 197 | parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. |
| 198 | 796.03; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. |
| 199 | 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s. 985.4045(1); |
| 200 | or any similar offense committed in this state which has been |
| 201 | redesignated from a former statute number to one of those listed |
| 202 | in this paragraph; or |
| 203 | 2. Who establishes or maintains a residence in this state |
| 204 | and who has not been designated as a sexual predator by a court |
| 205 | of this state but who has been designated as a sexual predator, |
| 206 | as a sexually violent predator, or by another sexual offender |
| 207 | designation in another state or jurisdiction and was, as a |
| 208 | result of such designation, subjected to registration or |
| 209 | community or public notification, or both, or would be if the |
| 210 | person were a resident of that state or jurisdiction. |
| 211 | (c) "Institution of higher education" means a career |
| 212 | center, community college, college, state university, or |
| 213 | independent postsecondary institution. |
| 214 | Section 5. This act shall take effect July 1, 2005. |