Senate Bill sb1802
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Florida Senate - 2006 SB 1802
By Senator Lynn
7-1227-06
1 A bill to be entitled
2 An act relating to sexual offenders; amending
3 ss. 943.0435 and 944.607, F.S.; providing that
4 certain sexual offenders who were young adults
5 or older minors at the time the sexual offense
6 was committed may petition a court for removal
7 of the requirement to register as sexual
8 offenders; providing requirements for the court
9 in making its determination to grant or deny
10 the petition; requiring the Department of Law
11 Enforcement to remove the offender from
12 classification as a sexual offender for
13 purposes of registration and notification if
14 the offender provides to the department a
15 certified copy of the court's written findings
16 or order granting the petition; providing an
17 effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (11) of section 943.0435,
22 Florida Statutes, is amended to read:
23 943.0435 Sexual offenders required to register with
24 the department; penalty.--
25 (11)(a) A sexual offender must maintain registration
26 with the department for the duration of his or her life,
27 unless the sexual offender has received a full pardon or has
28 had a conviction set aside in a postconviction proceeding for
29 any offense that meets the criteria for classifying the person
30 as a sexual offender for purposes of registration. However, as
31 provided in this subsection, a sexual offender may petition a
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Florida Senate - 2006 SB 1802
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1 court for the purpose of removing the requirement to register
2 as a sexual offender.:
3 (b) As provided in paragraph (c), a sexual offender
4 may petition a court for the purpose of removing the
5 requirement to register as a sexual offender if the offender
6 meets all of the following criteria:
7 1. The offender was convicted of a violation of s.
8 800.04, regardless of the date of such conviction.
9 2. On the date of such conviction, the offender had no
10 record of an arrest for an offense described in subsection (1)
11 or s. 775.21(4) other than the arrest that resulted in such
12 conviction.
13 3. The offender has not been arrested for any felony
14 or misdemeanor offense since the date of such conviction.
15 4. On the date the offender committed the offense
16 applicable to such conviction, the offender and the victim
17 were not older than 19 years of age or younger than 15 years
18 of age.
19 5. The offender is not required to register as a
20 sexual offender or other similar designation in another state
21 or jurisdiction for a violation of the laws of that state or
22 jurisdiction.
23 (c) A sexual offender described in paragraph (b) may
24 petition the criminal court of the circuit in which the
25 offender was sentenced for the conviction described in
26 subparagraph (b)1. for the purpose of removing the requirement
27 to register as a sexual offender. The court may grant or deny
28 the petition if the offender demonstrates to the court that he
29 or she meets the criteria in paragraph (b); if the requested
30 relief complies with the provisions of the federal Jacob
31 Wetterling Act, as amended, and any other federal standards
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Florida Senate - 2006 SB 1802
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1 applicable to the removal of registration requirements for a
2 sexual offender or required to be met as a condition for the
3 receipt of federal funds by the state; and if the court is
4 otherwise satisfied that the offender is not a current or
5 potential threat to public safety. In determining whether to
6 grant or deny the petition, the court may consider any
7 information or record submitted to the court at the hearing on
8 the petition. However, the court shall consider any
9 information or record submitted to the court at the hearing on
10 the petition regarding whether the offender engaged in the act
11 in violation of s. 800.04 by means or use of force or coercion
12 as defined in s. 800.04(1)(c), and whether s. 921.0016(4)(f)
13 or s. 921.0026(2)(f) was found to be a factor in mitigating
14 the offender's sentence, if such sentence was mitigated. If
15 the court determines that the offender engaged in the act in
16 violation of s. 800.04 by means or use of force or coercion,
17 the court must deny the petition. The state attorney for the
18 circuit must be given notice of the petition at least 3 weeks
19 before the hearing on the matter. The state attorney may
20 present evidence in opposition to the requested relief or may
21 otherwise demonstrate reasons why the petition should be
22 denied. If the court grants the petition, the department shall
23 remove the offender from classification as a sexual offender
24 for purposes of registration and notification if the offender
25 provides to the department a certified copy of the court's
26 written findings or order granting the petition, which must
27 indicate that, pursuant to this subsection, the court has
28 determined that the offender is not required to comply with
29 requirements for registration as a sexual offender. If the
30 court denies the petition, the sexual offender may petition
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Florida Senate - 2006 SB 1802
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1 only for removal of the requirement to register as a sexual
2 offender as provided in paragraph (d).
3 (d)(a) A sexual offender who has been lawfully
4 released from confinement, supervision, or sanction, whichever
5 is later, for at least 20 years and has not been arrested for
6 any felony or misdemeanor offense since release; or
7 (b) Who was 18 years of age or under at the time the
8 offense was committed and the victim was 12 years of age or
9 older and adjudication was withheld for that offense, who is
10 released from all sanctions, who has had 10 years elapse since
11 having been placed on probation, and who has not been arrested
12 for any felony or misdemeanor offense since the date of
13 conviction of the qualifying offense
14
15 may petition the criminal division of the circuit court of the
16 circuit in which the sexual offender resides for the purpose
17 of removing the requirement for registration as a sexual
18 offender. The court may grant or deny such relief if the
19 offender demonstrates to the court that he or she has not been
20 arrested for any crime since release; the requested relief
21 complies with the provisions of the federal Jacob Wetterling
22 Act, as amended, and any other federal standards applicable to
23 the removal of registration requirements for a sexual offender
24 or required to be met as a condition for the receipt of
25 federal funds by the state; and the court is otherwise
26 satisfied that the offender is not a current or potential
27 threat to public safety. The state attorney in the circuit in
28 which the petition is filed must be given notice of the
29 petition at least 3 weeks before the hearing on the matter.
30 The state attorney may present evidence in opposition to the
31 requested relief or may otherwise demonstrate the reasons why
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1 the petition should be denied. If the court denies the
2 petition, the court may set a future date at which the sexual
3 offender may again petition the court for relief, subject to
4 the standards for relief provided in this subsection. The
5 department shall remove an offender from classification as a
6 sexual offender for purposes of registration if the offender
7 provides to the department a certified copy of the court's
8 written findings or order that indicates that the offender is
9 no longer required to comply with the requirements for
10 registration as a sexual offender.
11 (e)(c) A sexual offender as defined in subparagraph
12 (1)(a)3. must maintain registration with the department for
13 the duration of his or her life until the person provides the
14 department with an order issued by the court that designated
15 the person as a sexual predator, as a sexually violent
16 predator, or by another sexual offender designation in the
17 state or jurisdiction in which the order was issued which
18 states that such designation has been removed or demonstrates
19 to the department that such designation, if not imposed by a
20 court, has been removed by operation of law or court order in
21 the state or jurisdiction in which the designation was made,
22 and provided such person no longer meets the criteria for
23 registration as a sexual offender under the laws of this
24 state.
25 Section 2. Subsection (14) is added to section
26 944.607, Florida Statutes, to read:
27 944.607 Notification to Department of Law Enforcement
28 of information on sexual offenders.--
29 (14)(a) As provided in paragraph (b), a sexual
30 offender may petition a court for the purpose of removing the
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Florida Senate - 2006 SB 1802
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1 requirement to register as a sexual offender if the offender
2 meets all of the following criteria:
3 1. The offender was convicted of a violation of s.
4 800.04, regardless of the date of such conviction.
5 2. On the date of such conviction, the offender had no
6 record of an arrest for an offense described in subsection (1)
7 or s. 775.21(4) other than the arrest that resulted in such
8 conviction.
9 3. The offender has not been arrested for any felony
10 or misdemeanor offense since the date of such conviction.
11 4. On the date the offender committed the offense
12 applicable to such conviction, the offender and the victim
13 were not older than 19 years of age or younger than 15 years
14 of age.
15 5. The offender is not required to register as a
16 sexual offender or other similar designation in another state
17 or jurisdiction for a violation of the laws of that state or
18 jurisdiction.
19 (b) A sexual offender described in paragraph (a) may
20 petition the court that is sentencing or has sentenced the
21 offender for the conviction described in subparagraph (a)1.
22 for the purpose of removing the requirement to register as a
23 sexual offender, regardless of whether the offender is in the
24 control or custody of, or under the supervision of, the
25 department or is in the custody of a private correctional
26 facility or a local detention facility. If the offender was
27 sentenced on or after October 1, 2006, for such conviction,
28 the offender must petition for removal of the requirement to
29 register as a sexual offender at the time of sentencing. If
30 the offender was sentenced before October 1, 2006, for such
31 conviction and the offender is still serving that sentence,
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1 the offender may petition the court that imposed the sentence
2 for removal of the requirement to register as a sexual
3 offender. The court may grant or deny the petition if the
4 offender demonstrates to the court that he or she meets the
5 criteria in paragraph (a); if the requested relief complies
6 with the provisions of the federal Jacob Wetterling Act, as
7 amended, and any other federal standards applicable to the
8 removal of registration requirements for a sexual offender or
9 required to be met as a condition for the receipt of federal
10 funds by the state; and if the court is otherwise satisfied
11 that the offender is not a current or potential threat to
12 public safety. In determining whether to grant or deny the
13 petition, the court may consider any information or record
14 submitted to the court at the hearing on the petition.
15 However, the court shall consider any information or record
16 submitted to the court at the hearing on the petition
17 regarding whether the offender engaged in the act in violation
18 of s. 800.04 by means or use of force or coercion, as defined
19 in s. 800.04(1)(c), and whether s. 921.0016(4)(f) or s.
20 921.0026(2)(f) was found to be a factor in mitigating the
21 offender's sentence, if such sentence was mitigated. If the
22 court determines that the offender engaged in the act in
23 violation of s. 800.04 by means or use of force or coercion,
24 the court must deny the petition. The state attorney may
25 present evidence in opposition to the requested relief or may
26 otherwise demonstrate the reasons why the petition should be
27 denied. If the court grants the petition, the Department of
28 Law Enforcement shall remove the offender from classification
29 as a sexual offender for purposes of registration and
30 notification if the offender provides to the Department of Law
31 Enforcement a certified copy of the court's written findings
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Florida Senate - 2006 SB 1802
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1 or order granting the petition, which must indicate that,
2 pursuant to this subsection, the court has determined that the
3 offender is not required to comply with requirements for
4 registration as a sexual offender. If the court denies the
5 petition, the offender may petition only for removal of the
6 requirement to register as a sexual offender pursuant to s.
7 943.0435(11).
8 Section 3. This act shall take effect October 1, 2006.
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11 SENATE SUMMARY
12 Provides that a sexual offender may petition the court
for removal of the requirement to register as a sexual
13 offender if certain specified conditions are met.
Provides that the offender and the victim may not have
14 been older than 19 or younger than 15 at the time the
offense was committed. Provides requirements for the
15 court in considering such a petition. Authorizes the
state attorney to present evidence in opposition to the
16 petition. (See bill for details.)
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