| 1 | A bill to be entitled |
| 2 | An act relating to restricting sheltering of sexual |
| 3 | offenders and predators; creating s. 252.386, F.S.; |
| 4 | prohibiting the sheltering of sexual offenders and |
| 5 | designated sexual predators in public hurricane evacuation |
| 6 | shelters; requiring each county to provide for sufficient |
| 7 | separate and exclusive shelter space for such sexual |
| 8 | offenders and predators; amending s. 775.21, F.S.; |
| 9 | prohibiting sexual predators from seeking shelter in |
| 10 | public hurricane evacuation shelters used by the general |
| 11 | public; providing penalties; amending s. 943.0435, F.S.; |
| 12 | prohibiting individuals subject to registration as sexual |
| 13 | offenders from seeking shelter in public hurricane |
| 14 | evacuation shelters used by the general public; providing |
| 15 | penalties; providing a finding of important state |
| 16 | interest; providing an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. Section 252.386, Florida Statutes, is created |
| 21 | to read: |
| 22 | 252.386 Public shelter space; sexual offenders and |
| 23 | predators.-- |
| 24 | (1) A public hurricane evacuation shelter used by the |
| 25 | general public shall not shelter an individual subject to |
| 26 | registration as a sexual offender under s. 943.0435 or |
| 27 | designated as a sexual predator under s. 775.21. |
| 28 | (2) Each county, under ss. 252.31-252.60, shall provide |
| 29 | for sufficient separate and exclusive hurricane evacuation |
| 30 | shelter space for such sexual offenders and predators. |
| 31 | Section 2. Paragraph (g) of subsection (6) and paragraph |
| 32 | (a) of subsection (10) of section 775.21, Florida Statutes, are |
| 33 | amended to read: |
| 34 | 775.21 The Florida Sexual Predators Act.-- |
| 35 | (6) REGISTRATION.-- |
| 36 | (g)1. Each time a sexual predator's driver's license or |
| 37 | identification card is subject to renewal, and, without regard |
| 38 | to the status of the predator's driver's license or |
| 39 | identification card, within 48 hours after any change of the |
| 40 | predator's residence or change in the predator's name by reason |
| 41 | of marriage or other legal process, the predator shall report in |
| 42 | person to a driver's license office and shall be subject to the |
| 43 | requirements specified in paragraph (f). The Department of |
| 44 | Highway Safety and Motor Vehicles shall forward to the |
| 45 | department and to the Department of Corrections all photographs |
| 46 | and information provided by sexual predators. Notwithstanding |
| 47 | the restrictions set forth in s. 322.142, the Department of |
| 48 | Highway Safety and Motor Vehicles is authorized to release a |
| 49 | reproduction of a color-photograph or digital-image license to |
| 50 | the Department of Law Enforcement for purposes of public |
| 51 | notification of sexual predators as provided in this section. |
| 52 | 2. A sexual predator who vacates a permanent residence and |
| 53 | fails to establish or maintain another permanent or temporary |
| 54 | residence shall, within 48 hours after vacating the permanent |
| 55 | residence, report in person to the department or the sheriff's |
| 56 | office of the county in which he or she is located. The sexual |
| 57 | predator shall specify the date upon which he or she intends to |
| 58 | or did vacate such residence. The sexual predator must provide |
| 59 | or update all of the registration information required under |
| 60 | paragraph (a). The sexual predator must provide an address for |
| 61 | the residence or other location that he or she is or will be |
| 62 | occupying during the time in which he or she fails to establish |
| 63 | or maintain a permanent or temporary residence. |
| 64 | 3. A sexual predator who remains at a permanent residence |
| 65 | after reporting his or her intent to vacate such residence |
| 66 | shall, within 48 hours after the date upon which the predator |
| 67 | indicated he or she would or did vacate such residence, report |
| 68 | in person to the agency to which he or she reported pursuant to |
| 69 | subparagraph 2. for the purpose of reporting his or her address |
| 70 | at such residence. If the sheriff receives the report, the |
| 71 | sheriff shall promptly convey the information to the department. |
| 72 | An offender who makes a report as required under subparagraph 2. |
| 73 | but fails to make a report as required under this subparagraph |
| 74 | commits a felony of the second degree, punishable as provided in |
| 75 | s. 775.082, s. 775.083, or s. 775.084. |
| 76 | 4. A sexual predator shall not seek shelter in a public |
| 77 | hurricane evacuation shelter used by the general public; |
| 78 | however, a sexual predator may seek shelter in a hurricane |
| 79 | evacuation shelter provided for such predators by a county under |
| 80 | s. 252.386. |
| 81 |
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| 82 | The sheriff shall promptly provide to the department the |
| 83 | information received from the sexual predator. |
| 84 | (10) PENALTIES.-- |
| 85 | (a) Except as otherwise specifically provided, a sexual |
| 86 | predator who fails to register; who fails, after registration, |
| 87 | to maintain, acquire, or renew a driver's license or |
| 88 | identification card; who fails to provide required location |
| 89 | information or change-of-name information; who fails to make a |
| 90 | required report in connection with vacating a permanent |
| 91 | residence; who fails to reregister as required; who fails to |
| 92 | respond to any address verification correspondence from the |
| 93 | department within 3 weeks of the date of the correspondence; who |
| 94 | seeks shelter in a public hurricane evacuation shelter used by |
| 95 | the general public; or who otherwise fails, by act or omission, |
| 96 | to comply with the requirements of this section, commits a |
| 97 | felony of the third degree, punishable as provided in s. |
| 98 | 775.082, s. 775.083, or s. 775.084. |
| 99 | Section 3. Paragraph (d) is added to subsection (4) of |
| 100 | section 943.0435, Florida Statutes, to read: |
| 101 | 943.0435 Sexual offenders required to register with the |
| 102 | department; penalty.-- |
| 103 | (4) |
| 104 | (d) A sexual offender shall not seek shelter in a public |
| 105 | hurricane evacuation shelter used by the general public; |
| 106 | however, a sexual offender may seek shelter in a hurricane |
| 107 | evacuation shelter provided for such offenders by a county under |
| 108 | s. 252.386. |
| 109 | (9)(a) A sexual offender who does not comply with the |
| 110 | requirements of this section commits a felony of the third |
| 111 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 112 | 775.084. |
| 113 | Section 4. The Legislature finds that the provisions of |
| 114 | this act fulfill an important state interest. |
| 115 | Section 5. This act shall take effect January 1, 2007. |