| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
|
| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to sexual and career offenders; amending |
| 7 | s. 775.21, F.S.; revising the definition of "institution |
| 8 | of higher education" to include a career center; revising |
| 9 | provisions relating to use of prior felonies for sexual |
| 10 | predator determination; revising a reporting requirement |
| 11 | for sexual predators who vacate a permanent residence and |
| 12 | fail to establish or maintain another permanent or |
| 13 | temporary residence; amending s. 775.261, F.S.; revising |
| 14 | an operational date used for career offender registration; |
| 15 | amending s. 943.0435, F.S.; revising language relating to |
| 16 | the definition of "sexual offender"; revising the |
| 17 | definition of "institution of higher education" to include |
| 18 | a career center; revising a provision relating to offender |
| 19 | driver's license or identification card renewal; revising |
| 20 | a reporting requirement for sexual offenders who vacate a |
| 21 | permanent residence and fail to establish or maintain |
| 22 | another permanent or temporary residence; amending s. |
| 23 | 944.606, F.S.; revising language relating to the |
| 24 | definition of "sexual offender"; amending s. 944.607, |
| 25 | F.S.; revising language relating to the definition of |
| 26 | "sexual offender"; revising the definition of "institution |
| 27 | of higher education" to include a career center; providing |
| 28 | an effective date. |
| 29 |
|
| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
|
| 32 | Section 1. Paragraph (h) of subsection (2), paragraphs (a) |
| 33 | and (b) of subsection (4), paragraph (d) of subsection (5), |
| 34 | paragraph (g) of subsection (6), and paragraph (b) of subsection |
| 35 | (10) of section 775.21, Florida Statutes, are amended to read: |
| 36 | 775.21 The Florida Sexual Predators Act.-- |
| 37 | (2) DEFINITIONS.--As used in this section, the term: |
| 38 | (h) "Institution of higher education" means a career |
| 39 | center, community college, college, state university, or |
| 40 | independent postsecondary institution. |
| 41 | (4) SEXUAL PREDATOR CRITERIA.-- |
| 42 | (a) For a current offense committed on or after October 1, |
| 43 | 1993, upon conviction, an offender shall be designated as a |
| 44 | "sexual predator" under subsection (5), and subject to |
| 45 | registration under subsection (6) and community and public |
| 46 | notification under subsection (7) if: |
| 47 | 1. The felony is: |
| 48 | a. A capital, life, or first-degree felony violation, or |
| 49 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim |
| 50 | is a minor and the defendant is not the victim's parent, or of |
| 51 | chapter 794, s. 800.04, or s. 847.0145, or a violation of a |
| 52 | similar law of another jurisdiction; or |
| 53 | b. Any felony violation, or any attempt thereof, of s. |
| 54 | 787.01, s. 787.02, or s. 787.025, where the victim is a minor |
| 55 | and the defendant is not the victim's parent; chapter 794, |
| 56 | excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035; |
| 57 | s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or s. |
| 58 | 985.4045(1); or a violation of a similar law of another |
| 59 | jurisdiction, and the offender has previously been convicted of |
| 60 | or found to have committed, or has pled nolo contendere or |
| 61 | guilty to, regardless of adjudication, any violation of s. |
| 62 | 787.01, s. 787.02, or s. 787.025, where the victim is a minor |
| 63 | and the defendant is not the victim's parent; s. 794.011(2), |
| 64 | (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s. |
| 65 | 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s. |
| 66 | 847.0145; or s. 985.4045(1);, or a violation of a similar law of |
| 67 | another jurisdiction; |
| 68 | 2. The offender has not received a pardon for any felony |
| 69 | or similar law of another jurisdiction that is necessary for the |
| 70 | operation of this paragraph; and |
| 71 | 3. A conviction of a felony or similar law of another |
| 72 | jurisdiction necessary to the operation of this paragraph has |
| 73 | not been set aside in any postconviction proceeding. |
| 74 | (b) In order to be counted as a prior felony for purposes |
| 75 | of this subsection, the felony must have resulted in a |
| 76 | conviction sentenced separately, or an adjudication of |
| 77 | delinquency entered separately, prior to the current offense and |
| 78 | sentenced or adjudicated separately from any other felony |
| 79 | conviction that is to be counted as a prior felony regardless of |
| 80 | the date of offense of the prior felony. If the offender's prior |
| 81 | enumerated felony was committed more than 10 years before the |
| 82 | primary offense, it shall not be considered a prior felony under |
| 83 | this subsection if the offender has not been convicted of any |
| 84 | other crime for a period of 10 consecutive years from the most |
| 85 | recent date of release from confinement, supervision, or |
| 86 | sanction, whichever is later. |
| 87 | (5) SEXUAL PREDATOR DESIGNATION.--An offender is |
| 88 | designated as a sexual predator as follows: |
| 89 | (d) A person who establishes or maintains a residence in |
| 90 | this state and who has not been designated as a sexual predator |
| 91 | by a court of this state but who has been designated as a sexual |
| 92 | predator, as a sexually violent predator, or by another sexual |
| 93 | offender designation in another state or jurisdiction and was, |
| 94 | as a result of such designation, subjected to registration or |
| 95 | community or public notification, or both, or would be if the |
| 96 | person was a resident of that state or jurisdiction, without |
| 97 | regard to whether the person otherwise meets the criteria for |
| 98 | registration as a sexual offender, shall register in the manner |
| 99 | provided in s. 943.0435 or s. 944.607 and shall be subject to |
| 100 | community and public notification as provided in s. 943.0435 or |
| 101 | s. 944.607. A person who meets the criteria of this section is |
| 102 | subject to the requirements and penalty provisions of s. |
| 103 | 943.0435 or s. 944.607 until the person provides the department |
| 104 | with an order issued by the court that designated the person as |
| 105 | a sexual predator, as a sexually violent predator, or by another |
| 106 | sexual offender designation in the state or jurisdiction in |
| 107 | which the order was issued which states that such designation |
| 108 | has been removed or demonstrates to the department that such |
| 109 | designation, if not imposed by a court, has been removed by |
| 110 | operation of law or court order in the state or jurisdiction in |
| 111 | which the designation was made, and provided such person no |
| 112 | longer meets the criteria for registration as a sexual offender |
| 113 | under the laws of this state. |
| 114 | (6) REGISTRATION.-- |
| 115 | (g)1. Each time a sexual predator's driver's license or |
| 116 | identification card is subject to renewal, and, without regard |
| 117 | to the status of the predator's driver's license or |
| 118 | identification card, within 48 hours after any change of the |
| 119 | predator's residence or change in the predator's name by reason |
| 120 | of marriage or other legal process, the predator shall report in |
| 121 | person to a driver's license office and shall be subject to the |
| 122 | requirements specified in paragraph (f). The Department of |
| 123 | Highway Safety and Motor Vehicles shall forward to the |
| 124 | department and to the Department of Corrections all photographs |
| 125 | and information provided by sexual predators. Notwithstanding |
| 126 | the restrictions set forth in s. 322.142, the Department of |
| 127 | Highway Safety and Motor Vehicles is authorized to release a |
| 128 | reproduction of a color-photograph or digital-image license to |
| 129 | the Department of Law Enforcement for purposes of public |
| 130 | notification of sexual predators as provided in this section. |
| 131 | 2. A sexual predator who vacates a permanent residence and |
| 132 | fails to establish or maintain another permanent or temporary |
| 133 | residence shall, within 6 days 48 hours after vacating the |
| 134 | permanent residence, report in person to the department or the |
| 135 | sheriff's office of the county in which he or she is located. |
| 136 | The sexual predator shall specify the date upon which he or she |
| 137 | intends to or did vacate such residence. The sexual predator |
| 138 | must provide or update all of the registration information |
| 139 | required under paragraph (a). The sexual predator must provide |
| 140 | an address for the residence or other location that he or she is |
| 141 | or will be occupying during the time in which he or she fails to |
| 142 | establish or maintain a permanent or temporary residence. |
| 143 | 3. A sexual predator who remains at a permanent residence |
| 144 | after reporting his or her intent to vacate such residence |
| 145 | shall, within 48 hours after the date upon which the predator |
| 146 | indicated he or she would or did vacate such residence, report |
| 147 | in person to the agency to which he or she reported pursuant to |
| 148 | subparagraph 2. for the purpose of reporting his or her address |
| 149 | at such residence. If the sheriff receives the report, the |
| 150 | sheriff shall promptly convey the information to the department. |
| 151 | An offender who makes a report as required under subparagraph 2. |
| 152 | but fails to make a report as required under this subparagraph |
| 153 | commits a felony of the second degree, punishable as provided in |
| 154 | s. 775.082, s. 775.083, or s. 775.084. |
| 155 |
|
| 156 | The sheriff shall promptly provide to the department the |
| 157 | information received from the sexual predator. |
| 158 | (10) PENALTIES.-- |
| 159 | (b) A sexual predator who has been convicted of or found |
| 160 | to have committed, or has pled nolo contendere or guilty to, |
| 161 | regardless of adjudication, any violation, or attempted |
| 162 | violation, of s. 787.01, s. 787.02, or s. 787.025, where the |
| 163 | victim is a minor and the defendant is not the victim's parent; |
| 164 | s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. |
| 165 | 796.035; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145; or |
| 166 | s. 985.4045(1);, or a violation of a similar law of another |
| 167 | jurisdiction, when the victim of the offense was a minor, and |
| 168 | who works, whether for compensation or as a volunteer, at any |
| 169 | business, school, day care center, park, playground, or other |
| 170 | place where children regularly congregate, commits a felony of |
| 171 | the third degree, punishable as provided in s. 775.082, s. |
| 172 | 775.083, or s. 775.084. |
| 173 | Section 2. Paragraph (a) of subsection (3) of section |
| 174 | 775.261, Florida Statutes, is amended to read: |
| 175 | 775.261 The Florida Career Offender Registration Act.-- |
| 176 | (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.-- |
| 177 | (a) A career offender released on or after July 1, 2002 |
| 178 | January 1, 2003, from a sanction imposed in this state for a |
| 179 | designation as a habitual violent felony offender, a violent |
| 180 | career criminal, or a three-time violent felony offender under |
| 181 | s. 775.084 or as a prison releasee reoffender under s. |
| 182 | 775.082(9) must register as required under subsection (4) and is |
| 183 | subject to community and public notification as provided under |
| 184 | subsection (5). For purposes of this section, a sanction imposed |
| 185 | in this state includes, but is not limited to, a fine, |
| 186 | probation, community control, parole, conditional release, |
| 187 | control release, or incarceration in a state prison, private |
| 188 | correctional facility, or local detention facility, and: |
| 189 | 1. The career offender has not received a pardon for any |
| 190 | felony or other qualified offense that is necessary for the |
| 191 | operation of this paragraph; or |
| 192 | 2. A conviction of a felony or other qualified offense |
| 193 | necessary to the operation of this paragraph has not been set |
| 194 | aside in any postconviction proceeding. |
| 195 | Section 3. Paragraphs (a) and (d) of subsection (1), |
| 196 | paragraphs (a) and (b) of subsection (4), and paragraph (c) of |
| 197 | subsection (11) of section 943.0435, Florida Statutes, are |
| 198 | amended to read: |
| 199 | 943.0435 Sexual offenders required to register with the |
| 200 | department; penalty.-- |
| 201 | (1) As used in this section, the term: |
| 202 | (a) "Sexual offender" means a person who meets the |
| 203 | criteria in subparagraph 1., subparagraph 2., or subparagraph |
| 204 | 3.: |
| 205 | 1.a. Has been convicted of committing, or attempting, |
| 206 | soliciting, or conspiring to commit, any of the criminal |
| 207 | offenses proscribed in the following statutes in this state or |
| 208 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
| 209 | or s. 787.025, where the victim is a minor and the defendant is |
| 210 | not the victim's parent; chapter 794, excluding ss. 794.011(10) |
| 211 | and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. |
| 212 | 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. |
| 213 | 847.0145; s. 985.4045(1); or any similar offense committed in |
| 214 | this state which has been redesignated from a former statute |
| 215 | number to one of those listed in this sub-subparagraph |
| 216 | subparagraph; and |
| 217 | b.2. Has been released on or after October 1, 1997, from |
| 218 | the sanction imposed for any conviction of an offense described |
| 219 | in sub-subparagraph a. subparagraph 1. For purposes of sub- |
| 220 | subparagraph a. subparagraph 1., a sanction imposed in this |
| 221 | state or in any other jurisdiction includes, but is not limited |
| 222 | to, a fine, probation, community control, parole, conditional |
| 223 | release, control release, or incarceration in a state prison, |
| 224 | federal prison, private correctional facility, or local |
| 225 | detention facility; or |
| 226 | 2.3. Establishes or maintains a residence in this state |
| 227 | and who has not been designated as a sexual predator by a court |
| 228 | of this state but who has been designated as a sexual predator, |
| 229 | as a sexually violent predator, or by another sexual offender |
| 230 | designation in another state or jurisdiction and was, as a |
| 231 | result of such designation, subjected to registration or |
| 232 | community or public notification, or both, or would be if the |
| 233 | person were a resident of that state or jurisdiction, without |
| 234 | regard to whether the person otherwise meets the criteria for |
| 235 | registration as a sexual offender; or |
| 236 | 3.4. Establishes or maintains a residence in this state |
| 237 | who is in the custody or control of, or under the supervision |
| 238 | of, any other state or jurisdiction as a result of a conviction |
| 239 | for committing, or attempting, soliciting, or conspiring to |
| 240 | commit, any of the criminal offenses proscribed in the following |
| 241 | statutes or similar offense in another jurisdiction: s. 787.01, |
| 242 | s. 787.02, or s. 787.025, where the victim is a minor and the |
| 243 | defendant is not the victim's parent; chapter 794, excluding ss. |
| 244 | 794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. |
| 245 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. |
| 246 | 847.0138; s. 847.0145; s. 985.4045(1); or any similar offense |
| 247 | committed in this state which has been redesignated from a |
| 248 | former statute number to one of those listed in this |
| 249 | subparagraph. |
| 250 | (d) "Institution of higher education" means a career |
| 251 | center, community college, college, state university, or |
| 252 | independent postsecondary institution. |
| 253 | (4)(a) Each time a sexual offender's driver's license or |
| 254 | identification card is subject to renewal, and, without regard |
| 255 | to the status of the offender's predator's driver's license or |
| 256 | identification card, within 48 hours after any change in the |
| 257 | offender's permanent or temporary residence or change in the |
| 258 | offender's name by reason of marriage or other legal process, |
| 259 | the offender shall report in person to a driver's license |
| 260 | office, and shall be subject to the requirements specified in |
| 261 | subsection (3). The Department of Highway Safety and Motor |
| 262 | Vehicles shall forward to the department all photographs and |
| 263 | information provided by sexual offenders. Notwithstanding the |
| 264 | restrictions set forth in s. 322.142, the Department of Highway |
| 265 | Safety and Motor Vehicles is authorized to release a |
| 266 | reproduction of a color-photograph or digital-image license to |
| 267 | the Department of Law Enforcement for purposes of public |
| 268 | notification of sexual offenders as provided in ss. 943.043, |
| 269 | 943.0435, and 944.606. |
| 270 | (b) A sexual offender who vacates a permanent residence |
| 271 | and fails to establish or maintain another permanent or |
| 272 | temporary residence shall, within 6 days 48 hours after vacating |
| 273 | the permanent residence, report in person to the department or |
| 274 | the sheriff's office of the county in which he or she is |
| 275 | located. The sexual offender shall specify the date upon which |
| 276 | he or she intends to or did vacate such residence. The sexual |
| 277 | offender must provide or update all of the registration |
| 278 | information required under paragraph (2)(b). The sexual offender |
| 279 | must provide an address for the residence or other location that |
| 280 | he or she is or will be occupying during the time in which he or |
| 281 | she fails to establish or maintain a permanent or temporary |
| 282 | residence. |
| 283 | (11) A sexual offender must maintain registration with the |
| 284 | department for the duration of his or her life, unless the |
| 285 | sexual offender has received a full pardon or has had a |
| 286 | conviction set aside in a postconviction proceeding for any |
| 287 | offense that meets the criteria for classifying the person as a |
| 288 | sexual offender for purposes of registration. However, a sexual |
| 289 | offender: |
| 290 | (c) As defined in subparagraph (1)(a)2.3. must maintain |
| 291 | registration with the department for the duration of his or her |
| 292 | life until the person provides the department with an order |
| 293 | issued by the court that designated the person as a sexual |
| 294 | predator, as a sexually violent predator, or by another sexual |
| 295 | offender designation in the state or jurisdiction in which the |
| 296 | order was issued which states that such designation has been |
| 297 | removed or demonstrates to the department that such designation, |
| 298 | if not imposed by a court, has been removed by operation of law |
| 299 | or court order in the state or jurisdiction in which the |
| 300 | designation was made, and provided such person no longer meets |
| 301 | the criteria for registration as a sexual offender under the |
| 302 | laws of this state. |
| 303 | Section 4. Paragraph (b) of subsection (1) of section |
| 304 | 944.606, Florida Statutes, is amended to read: |
| 305 | 944.606 Sexual offenders; notification upon release.-- |
| 306 | (1) As used in this section: |
| 307 | (b) "Sexual offender" means a person who has been |
| 308 | convicted of committing, or attempting, soliciting, or |
| 309 | conspiring to commit, any of the criminal offenses proscribed in |
| 310 | the following statutes in this state or similar offenses in |
| 311 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where |
| 312 | the victim is a minor and the defendant is not the victim's |
| 313 | parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. |
| 314 | 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. |
| 315 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s. |
| 316 | 985.4045(1); or any similar offense committed in this state |
| 317 | which has been redesignated from a former statute number to one |
| 318 | of those listed in this subsection, when the department has |
| 319 | received verified information regarding such conviction; an |
| 320 | offender's computerized criminal history record is not, in and |
| 321 | of itself, verified information. |
| 322 | Section 5. Paragraphs (a) and (c) of subsection (1) of |
| 323 | section 944.607, Florida Statutes, are amended to read: |
| 324 | 944.607 Notification to Department of Law Enforcement of |
| 325 | information on sexual offenders.-- |
| 326 | (1) As used in this section, the term: |
| 327 | (a) "Sexual offender" means a person who is in the custody |
| 328 | or control of, or under the supervision of, the department or is |
| 329 | in the custody of a private correctional facility: |
| 330 | 1. On or after October 1, 1997, as a result of a |
| 331 | conviction for committing, or attempting, soliciting, or |
| 332 | conspiring to commit, any of the criminal offenses proscribed in |
| 333 | the following statutes in this state or similar offenses in |
| 334 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where |
| 335 | the victim is a minor and the defendant is not the victim's |
| 336 | parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. |
| 337 | 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. |
| 338 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; s. |
| 339 | 985.4045(1); or any similar offense committed in this state |
| 340 | which has been redesignated from a former statute number to one |
| 341 | of those listed in this paragraph; or |
| 342 | 2. Who establishes or maintains a residence in this state |
| 343 | and who has not been designated as a sexual predator by a court |
| 344 | of this state but who has been designated as a sexual predator, |
| 345 | as a sexually violent predator, or by another sexual offender |
| 346 | designation in another state or jurisdiction and was, as a |
| 347 | result of such designation, subjected to registration or |
| 348 | community or public notification, or both, or would be if the |
| 349 | person were a resident of that state or jurisdiction, without |
| 350 | regard as to whether the person otherwise meets the criteria for |
| 351 | registration as a sexual offender. |
| 352 | (c) "Institution of higher education" means a career |
| 353 | center, community college, college, state university, or |
| 354 | independent postsecondary institution. |
| 355 | Section 6. This act shall take effect July 1, 2005. |