| 1 | The Domestic Security Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to sheltering of sexual offenders and |
| 7 | predators; amending s. 252.35, F.S.; requiring the |
| 8 | Division of Emergency Management, in conjunction with |
| 9 | specified agencies, to set forth policy guidance for the |
| 10 | sheltering of individuals designated as sexual predators |
| 11 | or subject to registration as sexual offenders; amending |
| 12 | ss. 775.21 and 943.0435, F.S.; requiring sexual predators |
| 13 | and individuals subject to registration as sexual |
| 14 | offenders seeking shelter to adhere to specified |
| 15 | guidelines and provisions; providing penalties; providing |
| 16 | a finding of important state interest; providing an |
| 17 | effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Paragraph (a) of subsection (2) of section |
| 22 | 252.35, Florida Statutes, is amended to read: |
| 23 | 252.35 Emergency management powers; Division of Emergency |
| 24 | Management.-- |
| 25 | (2) The division is responsible for carrying out the |
| 26 | provisions of ss. 252.31-252.90. In performing its duties under |
| 27 | ss. 252.31-252.90, the division shall: |
| 28 | (a) Prepare a state comprehensive emergency management |
| 29 | plan, which shall be integrated into and coordinated with the |
| 30 | emergency management plans and programs of the Federal |
| 31 | Government. The division must adopt the plan as a rule in |
| 32 | accordance with chapter 120. The plan shall be implemented by a |
| 33 | continuous, integrated comprehensive emergency management |
| 34 | program. The plan must contain provisions to ensure that the |
| 35 | state is prepared for emergencies and minor, major, and |
| 36 | catastrophic disasters, and the division shall work closely with |
| 37 | local governments and agencies and organizations with emergency |
| 38 | management responsibilities in preparing and maintaining the |
| 39 | plan. The state comprehensive emergency management plan shall be |
| 40 | operations oriented and: |
| 41 | 1. Include an evacuation component that includes specific |
| 42 | regional and interregional planning provisions and promotes |
| 43 | intergovernmental coordination of evacuation activities. This |
| 44 | component must, at a minimum: contain guidelines for lifting |
| 45 | tolls on state highways; ensure coordination pertaining to |
| 46 | evacuees crossing county lines; set forth procedures for |
| 47 | directing people caught on evacuation routes to safe shelter; |
| 48 | establish strategies for ensuring sufficient, reasonably priced |
| 49 | fueling locations along evacuation routes; and establish |
| 50 | policies and strategies for emergency medical evacuations. |
| 51 | 2. Include a shelter component that includes specific |
| 52 | regional and interregional planning provisions and promotes |
| 53 | coordination of shelter activities between the public, private, |
| 54 | and nonprofit sectors. This component must, at a minimum: |
| 55 | contain strategies to ensure the availability of adequate public |
| 56 | shelter space in each region of the state; establish strategies |
| 57 | for refuge-of-last-resort programs; provide strategies to assist |
| 58 | local emergency management efforts to ensure that adequate |
| 59 | staffing plans exist for all shelters, including medical and |
| 60 | security personnel; provide for a postdisaster communications |
| 61 | system for public shelters; establish model shelter guidelines |
| 62 | for operations, registration, inventory, power generation |
| 63 | capability, information management, and staffing; and set forth |
| 64 | policy guidance for sheltering people with special needs. In |
| 65 | conjunction with the Department of Law Enforcement and local law |
| 66 | enforcement agencies, the division shall set forth policy |
| 67 | guidance for the sheltering of individuals designated as sexual |
| 68 | predators under s. 775.21 or subject to registration as sexual |
| 69 | offenders under s. 943.0435. |
| 70 | 3. Include a postdisaster response and recovery component |
| 71 | that includes specific regional and interregional planning |
| 72 | provisions and promotes intergovernmental coordination of |
| 73 | postdisaster response and recovery activities. This component |
| 74 | must provide for postdisaster response and recovery strategies |
| 75 | according to whether a disaster is minor, major, or |
| 76 | catastrophic. The postdisaster response and recovery component |
| 77 | must, at a minimum: establish the structure of the state's |
| 78 | postdisaster response and recovery organization; establish |
| 79 | procedures for activating the state's plan; set forth policies |
| 80 | used to guide postdisaster response and recovery activities; |
| 81 | describe the chain of command during the postdisaster response |
| 82 | and recovery period; describe initial and continuous |
| 83 | postdisaster response and recovery actions; identify the roles |
| 84 | and responsibilities of each involved agency and organization; |
| 85 | provide for a comprehensive communications plan; establish |
| 86 | procedures for monitoring mutual aid agreements; provide for |
| 87 | rapid impact assessment teams; ensure the availability of an |
| 88 | effective statewide urban search and rescue program coordinated |
| 89 | with the fire services; ensure the existence of a comprehensive |
| 90 | statewide medical care and relief plan administered by the |
| 91 | Department of Health; and establish systems for coordinating |
| 92 | volunteers and accepting and distributing donated funds and |
| 93 | goods. |
| 94 | 4. Include additional provisions addressing aspects of |
| 95 | preparedness, response, recovery, and mitigation as determined |
| 96 | necessary by the division. |
| 97 | 5. Address the need for coordinated and expeditious |
| 98 | deployment of state resources, including the Florida National |
| 99 | Guard. In the case of an imminent major disaster, procedures |
| 100 | should address predeployment of the Florida National Guard, and, |
| 101 | in the case of an imminent catastrophic disaster, procedures |
| 102 | should address predeployment of the Florida National Guard and |
| 103 | the United States Armed Forces. |
| 104 | 6. Establish a system of communications and warning to |
| 105 | ensure that the state's population and emergency management |
| 106 | agencies are warned of developing emergency situations and can |
| 107 | communicate emergency response decisions. |
| 108 | 7. Establish guidelines and schedules for annual exercises |
| 109 | that evaluate the ability of the state and its political |
| 110 | subdivisions to respond to minor, major, and catastrophic |
| 111 | disasters and support local emergency management agencies. Such |
| 112 | exercises shall be coordinated with local governments and, to |
| 113 | the extent possible, the Federal Government. |
| 114 | 8. Assign lead and support responsibilities to state |
| 115 | agencies and personnel for emergency support functions and other |
| 116 | support activities. |
| 117 |
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| 118 | The complete state comprehensive emergency management plan shall |
| 119 | be submitted to the President of the Senate, the Speaker of the |
| 120 | House of Representatives, and the Governor on February 1 of |
| 121 | every even-numbered year. |
| 122 | Section 2. Paragraph (g) of subsection (6) of section |
| 123 | 775.21, Florida Statutes, is amended to read: |
| 124 | 775.21 The Florida Sexual Predators Act.-- |
| 125 | (6) REGISTRATION.-- |
| 126 | (g)1. Each time a sexual predator's driver's license or |
| 127 | identification card is subject to renewal, and, without regard |
| 128 | to the status of the predator's driver's license or |
| 129 | identification card, within 48 hours after any change of the |
| 130 | predator's residence or change in the predator's name by reason |
| 131 | of marriage or other legal process, the predator shall report in |
| 132 | person to a driver's license office and shall be subject to the |
| 133 | requirements specified in paragraph (f). The Department of |
| 134 | Highway Safety and Motor Vehicles shall forward to the |
| 135 | department and to the Department of Corrections all photographs |
| 136 | and information provided by sexual predators. Notwithstanding |
| 137 | the restrictions set forth in s. 322.142, the Department of |
| 138 | Highway Safety and Motor Vehicles is authorized to release a |
| 139 | reproduction of a color-photograph or digital-image license to |
| 140 | the Department of Law Enforcement for purposes of public |
| 141 | notification of sexual predators as provided in this section. |
| 142 | 2. A sexual predator who vacates a permanent residence and |
| 143 | fails to establish or maintain another permanent or temporary |
| 144 | residence shall, within 48 hours after vacating the permanent |
| 145 | residence, report in person to the department or the sheriff's |
| 146 | office of the county in which he or she is located. The sexual |
| 147 | predator shall specify the date upon which he or she intends to |
| 148 | or did vacate such residence. The sexual predator must provide |
| 149 | or update all of the registration information required under |
| 150 | paragraph (a). The sexual predator must provide an address for |
| 151 | the residence or other location that he or she is or will be |
| 152 | occupying during the time in which he or she fails to establish |
| 153 | or maintain a permanent or temporary residence. |
| 154 | 3. A sexual predator who remains at a permanent residence |
| 155 | after reporting his or her intent to vacate such residence |
| 156 | shall, within 48 hours after the date upon which the predator |
| 157 | indicated he or she would or did vacate such residence, report |
| 158 | in person to the agency to which he or she reported pursuant to |
| 159 | subparagraph 2. for the purpose of reporting his or her address |
| 160 | at such residence. If the sheriff receives the report, the |
| 161 | sheriff shall promptly convey the information to the department. |
| 162 | An offender who makes a report as required under subparagraph 2. |
| 163 | but fails to make a report as required under this subparagraph |
| 164 | commits a felony of the second degree, punishable as provided in |
| 165 | s. 775.082, s. 775.083, or s. 775.084. |
| 166 | 4. A sexual predator is required to adhere to the |
| 167 | guidelines and provisions of state and local law enforcement |
| 168 | adopted under s. 252.35(2)(a)2. |
| 169 |
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| 170 | The sheriff shall promptly provide to the department the |
| 171 | information received from the sexual predator. |
| 172 | (10) PENALTIES.-- |
| 173 | (a) Except as otherwise specifically provided, a sexual |
| 174 | predator who fails to register; who fails, after registration, |
| 175 | to maintain, acquire, or renew a driver's license or |
| 176 | identification card; who fails to provide required location |
| 177 | information or change-of-name information; who fails to make a |
| 178 | required report in connection with vacating a permanent |
| 179 | residence; who fails to reregister as required; who fails to |
| 180 | respond to any address verification correspondence from the |
| 181 | department within 3 weeks of the date of the correspondence; or |
| 182 | who otherwise fails, by act or omission, to comply with the |
| 183 | requirements of this section, commits a felony of the third |
| 184 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 185 | 775.084. |
| 186 | Section 3. Paragraph (d) is added to subsection (4) of |
| 187 | section 943.0435, Florida Statutes, to read: |
| 188 | 943.0435 Sexual offenders required to register with the |
| 189 | department; penalty.-- |
| 190 | (4) |
| 191 | (d) A sexual offender is required to adhere to the |
| 192 | guidelines and provisions of state and local law enforcement |
| 193 | adopted under s. 252.35(2)(a)2. |
| 194 | (9)(a) A sexual offender who does not comply with the |
| 195 | requirements of this section commits a felony of the third |
| 196 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 197 | 775.084. |
| 198 | Section 4. The Legislature finds that the provisions of |
| 199 | this act fulfill an important state interest. |
| 200 | Section 5. This act shall take effect January 1, 2007. |