HB 327

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; expanding applicability of registration
9	requirements; amending s. 943.0435, F.S.; revising
10	language relating to the definition of "sexual offender";
11	revising the definition of "institution of higher
12	education" to include a career center; revising a
13	provision relating to an offender's driver license or
14	identification card renewal; amending s. 944.606, F.S.;
15	revising language relating to the definition of "sexual
16	offender"; amending s. 944.607, F.S.; revising language
17	relating to the definition of "sexual offender"; revising
18	the definition of "institution of higher education" to
19	include a career center; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Paragraph (h) of subsection (2), paragraphs (a)
24	and (b) of subsection (4), paragraph (d) of subsection (5), and
25	paragraph (b) of subsection (10) of section 775.21, Florida
26	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. 796.035;
48	s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or s.
49	985.4045(1); or a violation of a similar law of another
50	jurisdiction, and the offender has previously been convicted of
51	or found to have committed, or has pled nolo contendere or
52	guilty to, regardless of adjudication, any violation of s.
53	787.01, s. 787.02, or s. 787.025, where the victim is a minor
54	and the defendant is not the victim's parent; s. 794.011(2),
55	(3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
56	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s.
57	847.0145; or s. 985.4045(1);, or a violation of a similar law of
58	another jurisdiction;
59	2.  The offender has not received a pardon for any felony
60	or similar law of another jurisdiction that is necessary for the
61	operation of this paragraph; and
62	3.  A conviction of a felony or similar law of another
63	jurisdiction necessary to the operation of this paragraph has
64	not been set aside in any postconviction proceeding.
65	(b)  In order to be counted as a prior felony for purposes
66	of this subsection, the felony must have resulted in a
67	conviction sentenced separately, or an adjudication of
68	delinquency entered separately, prior to the current offense and
69	sentenced or adjudicated separately from any other felony
70	conviction that is to be counted as a prior felony regardless of
71	the date of offense of the prior felony.
72	(5)  SEXUAL PREDATOR DESIGNATION.--An offender is
73	designated as a sexual predator as follows:
74	(d)  A person who establishes or maintains a residence in
75	this state and who has not been designated as a sexual predator
76	by a court of this state but who has been designated as a sexual
77	predator, as a sexually violent predator, or by another sexual
78	offender designation in another state or jurisdiction and was,
79	as a result of such designation, subjected to registration or
80	community or public notification, or both, or would be if the
81	person was a resident of that state or jurisdiction, without
82	regard to whether the person otherwise meets the criteria for
83	registration as a sexual offender, shall register in the manner
84	provided in s. 943.0435 or s. 944.607 and shall be subject to
85	community and public notification as provided in s. 943.0435 or
86	s. 944.607. A person who meets the criteria of this section is
87	subject to the requirements and penalty provisions of s.
88	943.0435 or s. 944.607 until the person provides the department
89	with an order issued by the court that designated the person as
90	a sexual predator, as a sexually violent predator, or by another
91	sexual offender designation in the state or jurisdiction in
92	which the order was issued which states that such designation
93	has been removed or demonstrates to the department that such
94	designation, if not imposed by a court, has been removed by
95	operation of law or court order in the state or jurisdiction in
96	which the designation was made, and provided such person no
97	longer meets the criteria for registration as a sexual offender
98	under the laws of this state.
99	(10)  PENALTIES.--
100	(b)  A sexual predator who has been convicted of or found
101	to have committed, or has pled nolo contendere or guilty to,
102	regardless of adjudication, any violation, or attempted
103	violation, of s. 787.01, s. 787.02, or s. 787.025, where the
104	victim is a minor and the defendant is not the victim's parent;
105	s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
106	796.035; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145; or
107	s. 985.4045(1);, or a violation of a similar law of another
108	jurisdiction, when the victim of the offense was a minor, and
109	who works, whether for compensation or as a volunteer, at any
110	business, school, day care center, park, playground, or other
111	place where children regularly congregate, commits a felony of
112	the third degree, punishable as provided in s. 775.082, s.
113	775.083, or s. 775.084.
114	Section 2.  Paragraph (a) of subsection (3) of section
115	775.261, Florida Statutes, is amended to read:
116	775.261  The Florida Career Offender Registration Act.--
117	(3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
118	(a)  A career offender released on or after July 1, 2002
119	January 1, 2003, from a sanction imposed in this state for a
120	designation as a habitual violent felony offender, a violent
121	career criminal, or a three-time violent felony offender under
122	s. 775.084 or as a prison releasee reoffender under s.
123	775.082(9) must register as required under subsection (4) and is
124	subject to community and public notification as provided under
125	subsection (5). For purposes of this section, a sanction imposed
126	in this state includes, but is not limited to, a fine,
127	probation, community control, parole, conditional release,
128	control release, or incarceration in a state prison, private
129	correctional facility, or local detention facility, and:
130	1.  The career offender has not received a pardon for any
131	felony or other qualified offense that is necessary for the
132	operation of this paragraph; or
133	2.  A conviction of a felony or other qualified offense
134	necessary to the operation of this paragraph has not been set
135	aside in any postconviction proceeding.
136	Section 3.  Paragraphs (a) and (d) of subsection (1),
137	paragraph (a) of subsection (4), and paragraph (c) of subsection
138	(11) of section 943.0435, Florida Statutes, are amended to read:
139	943.0435  Sexual offenders required to register with the
140	department; penalty.--
141	(1)  As used in this section, the term:
142	(a)  "Sexual offender" means a person who meets the
143	criteria in subparagraph 1., subparagraph 2., or subparagraph
144	3., as follows:
145	1.a.  Has been convicted of committing, or attempting,
146	soliciting, or conspiring to commit, any of the criminal
147	offenses proscribed in the following statutes in this state or
148	similar offenses in another jurisdiction: s. 787.01, s. 787.02,
149	or s. 787.025, where the victim is a minor and the defendant is
150	not the victim's parent; chapter 794, excluding ss. 794.011(10)
151	and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
152	827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
153	847.0145; or s. 985.4045(1); or any similar offense committed in
154	this state which has been redesignated from a former statute
155	number to one of those listed in this sub-subparagraph
156	subparagraph; and
157	b.2.  Has been released on or after October 1, 1997, from
158	the sanction imposed for any conviction of an offense described
159	in sub-subparagraph a. subparagraph 1. For purposes of sub-
160	subparagraph a. subparagraph 1., a sanction imposed in this
161	state or in any other jurisdiction includes, but is not limited
162	to, a fine, probation, community control, parole, conditional
163	release, control release, or incarceration in a state prison,
164	federal prison, private correctional facility, or local
165	detention facility; or
166	2.3.  Establishes or maintains a residence in this state
167	and who has not been designated as a sexual predator by a court
168	of this state but who has been designated as a sexual predator,
169	as a sexually violent predator, or by another sexual offender
170	designation in another state or jurisdiction and was, as a
171	result of such designation, subjected to registration or
172	community or public notification, or both, or would be if the
173	person were a resident of that state or jurisdiction, without
174	regard to whether the person otherwise meets the criteria for
175	registration as a sexual offender; or
176	3.4.  Establishes or maintains a residence in this state
177	who is in the custody or control of, or under the supervision
178	of, any other state or jurisdiction as a result of a conviction
179	for committing, or attempting, soliciting, or conspiring to
180	commit, any of the criminal offenses proscribed in the following
181	statutes or similar offense in another jurisdiction: s. 787.01,
182	s. 787.02, or s. 787.025, where the victim is a minor and the
183	defendant is not the victim's parent; chapter 794, excluding ss.
184	794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s.
185	825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s.
186	847.0138; s. 847.0145; or s. 985.4045(1); or any similar offense
187	committed in this state which has been redesignated from a
188	former statute number to one of those listed in this
189	subparagraph.
190	(d)  "Institution of higher education" means a career
191	center, community college, college, state university, or
192	independent postsecondary institution.
193	(4)(a)  Each time a sexual offender's driver's license or
194	identification card is subject to renewal, and, without regard
195	to the status of the offender's predator's driver's license or
196	identification card, within 48 hours after any change in the
197	offender's permanent or temporary residence or change in the
198	offender's name by reason of marriage or other legal process,
199	the offender shall report in person to a driver's license
200	office, and shall be subject to the requirements specified in
201	subsection (3). The Department of Highway Safety and Motor
202	Vehicles shall forward to the department all photographs and
203	information provided by sexual offenders. Notwithstanding the
204	restrictions set forth in s. 322.142, the Department of Highway
205	Safety and Motor Vehicles is authorized to release a
206	reproduction of a color-photograph or digital-image license to
207	the Department of Law Enforcement for purposes of public
208	notification of sexual offenders as provided in ss. 943.043,
209	943.0435, and 944.606.
210	(11)  A sexual offender must maintain registration with the
211	department for the duration of his or her life, unless the
212	sexual offender has received a full pardon or has had a
213	conviction set aside in a postconviction proceeding for any
214	offense that meets the criteria for classifying the person as a
215	sexual offender for purposes of registration. However, a sexual
216	offender:
217	(c)  As defined in subparagraph (1)(a)2.3. must maintain
218	registration with the department for the duration of his or her
219	life until the person provides the department with an order
220	issued by the court that designated the person as a sexual
221	predator, as a sexually violent predator, or by another sexual
222	offender designation in the state or jurisdiction in which the
223	order was issued which states that such designation has been
224	removed or demonstrates to the department that such designation,
225	if not imposed by a court, has been removed by operation of law
226	or court order in the state or jurisdiction in which the
227	designation was made, and provided such person no longer meets
228	the criteria for registration as a sexual offender under the
229	laws of this state.
230	Section 4.  Paragraph (b) of subsection (1) of section
231	944.606, Florida Statutes, is amended to read:
232	944.606  Sexual offenders; notification upon release.--
233	(1)  As used in this section:
234	(b)  "Sexual offender" means a person who has been
235	convicted of committing, or attempting, soliciting, or
236	conspiring to commit, any of the criminal offenses proscribed in
237	the following statutes in this state or similar offenses in
238	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
239	the victim is a minor and the defendant is not the victim's
240	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
241	796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
242	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
243	s. 985.4045(1); or any similar offense committed in this state
244	which has been redesignated from a former statute number to one
245	of those listed in this subsection, when the department has
246	received verified information regarding such conviction; an
247	offender's computerized criminal history record is not, in and
248	of itself, verified information.
249	Section 5.  Paragraphs (a) and (c) of subsection (1) of
250	section 944.607, Florida Statutes, are amended to read:
251	944.607  Notification to Department of Law Enforcement of
252	information on sexual offenders.--
253	(1)  As used in this section, the term:
254	(a)  "Sexual offender" means a person who is in the custody
255	or control of, or under the supervision of, the department or is
256	in the custody of a private correctional facility:
257	1.  On or after October 1, 1997, as a result of a
258	conviction for committing, or attempting, soliciting, or
259	conspiring to commit, any of the criminal offenses proscribed in
260	the following statutes in this state or similar offenses in
261	another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
262	the victim is a minor and the defendant is not the victim's
263	parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
264	796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
265	847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
266	s. 985.4045(1); or any similar offense committed in this state
267	which has been redesignated from a former statute number to one
268	of those listed in this paragraph; or
269	2.  Who establishes or maintains a residence in this state
270	and who has not been designated as a sexual predator by a court
271	of this state but who has been designated as a sexual predator,
272	as a sexually violent predator, or by another sexual offender
273	designation in another state or jurisdiction and was, as a
274	result of such designation, subjected to registration or
275	community or public notification, or both, or would be if the
276	person were a resident of that state or jurisdiction, without
277	regard as to whether the person otherwise meets the criteria for
278	registration as a sexual offender.
279	(c)  "Institution of higher education" means a career
280	center, community college, college, state university, or
281	independent postsecondary institution.
282	Section 6.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.