| 1 | The Criminal Justice 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 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; removing language allowing a |
| 11 | sexual predator to register at a Department of Law |
| 12 | Enforcement office; amending s. 775.261, F.S.; revising an |
| 13 | operational date used for career offender registration; |
| 14 | expanding applicability of registration requirements; |
| 15 | amending s. 943.0435, F.S.; removing language allowing a |
| 16 | sexual offender to register at a Department of Law |
| 17 | Enforcement office; revising language relating to the |
| 18 | definition of "sexual offender"; revising the definition |
| 19 | of "institution of higher education" to include a career |
| 20 | center; revising a provision relating to an offender's |
| 21 | driver license or identification card renewal; amending s. |
| 22 | 944.606, F.S.; revising language relating to the |
| 23 | definition of "sexual offender"; amending s. 944.607, |
| 24 | F.S.; revising language relating to the definition of |
| 25 | "sexual offender"; revising the definition of "institution |
| 26 | of higher education" to include a career center; providing |
| 27 | an effective date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 31 | Section 1. Paragraph (h) of subsection (2), paragraphs (a) |
| 32 | and (b) of subsection (4), paragraph (d) of subsection (5), |
| 33 | paragraphs (e), (g), (h), (i), and (j) of subsection (6), and |
| 34 | paragraph (b) of subsection (10) of section 775.21, Florida |
| 35 | 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. |
| 81 | (5) SEXUAL PREDATOR DESIGNATION.--An offender is |
| 82 | designated as a sexual predator as follows: |
| 83 | (d) A person who establishes or maintains a residence in |
| 84 | this state and who has not been designated as a sexual predator |
| 85 | by a court of this state but who has been designated as a sexual |
| 86 | predator, as a sexually violent predator, or by another sexual |
| 87 | offender designation in another state or jurisdiction and was, |
| 88 | as a result of such designation, subjected to registration or |
| 89 | community or public notification, or both, or would be if the |
| 90 | person was a resident of that state or jurisdiction, without |
| 91 | regard to whether the person otherwise meets the criteria for |
| 92 | registration as a sexual offender, shall register in the manner |
| 93 | provided in s. 943.0435 or s. 944.607 and shall be subject to |
| 94 | community and public notification as provided in s. 943.0435 or |
| 95 | s. 944.607. A person who meets the criteria of this section is |
| 96 | subject to the requirements and penalty provisions of s. |
| 97 | 943.0435 or s. 944.607 until the person provides the department |
| 98 | with an order issued by the court that designated the person as |
| 99 | a sexual predator, as a sexually violent predator, or by another |
| 100 | sexual offender designation in the state or jurisdiction in |
| 101 | which the order was issued which states that such designation |
| 102 | has been removed or demonstrates to the department that such |
| 103 | designation, if not imposed by a court, has been removed by |
| 104 | operation of law or court order in the state or jurisdiction in |
| 105 | which the designation was made, and provided such person no |
| 106 | longer meets the criteria for registration as a sexual offender |
| 107 | under the laws of this state. |
| 108 | (6) REGISTRATION.-- |
| 109 | (e) If the sexual predator is not in the custody or |
| 110 | control of, or under the supervision of, the Department of |
| 111 | Corrections, or is not in the custody of a private correctional |
| 112 | facility, and establishes or maintains a residence in the state, |
| 113 | the sexual predator shall register in person at an office of the |
| 114 | department, or at the sheriff's office in the county in which |
| 115 | the predator establishes or maintains a residence, within 48 |
| 116 | hours after establishing permanent or temporary residence in |
| 117 | this state. Any change in the sexual predator's permanent or |
| 118 | temporary residence or name, after the sexual predator registers |
| 119 | in person at an office of the department or at the sheriff's |
| 120 | office, shall be accomplished in the manner provided in |
| 121 | paragraphs (g), (i), and (j). When If a sexual predator |
| 122 | registers with the sheriff's office, the sheriff shall take a |
| 123 | photograph and a set of fingerprints of the predator and forward |
| 124 | the photographs and fingerprints to the department, along with |
| 125 | the information that the predator is required to provide |
| 126 | pursuant to this section. |
| 127 | (g)1. Each time a sexual predator's driver's license or |
| 128 | identification card is subject to renewal, and, without regard |
| 129 | to the status of the predator's driver's license or |
| 130 | identification card, within 48 hours after any change of the |
| 131 | predator's residence or change in the predator's name by reason |
| 132 | of marriage or other legal process, the predator shall report in |
| 133 | person to a driver's license office and shall be subject to the |
| 134 | requirements specified in paragraph (f). The Department of |
| 135 | Highway Safety and Motor Vehicles shall forward to the |
| 136 | department and to the Department of Corrections all photographs |
| 137 | and information provided by sexual predators. Notwithstanding |
| 138 | the restrictions set forth in s. 322.142, the Department of |
| 139 | Highway Safety and Motor Vehicles is authorized to release a |
| 140 | reproduction of a color-photograph or digital-image license to |
| 141 | the Department of Law Enforcement for purposes of public |
| 142 | notification of sexual predators as provided in this section. |
| 143 | 2. A sexual predator who vacates a permanent residence and |
| 144 | fails to establish or maintain another permanent or temporary |
| 145 | residence shall, within 48 hours after vacating the permanent |
| 146 | residence, report in person to the department or the sheriff's |
| 147 | office of the county in which he or she is located. The sexual |
| 148 | predator shall specify the date upon which he or she intends to |
| 149 | or did vacate such residence. The sexual predator must provide |
| 150 | or update all of the registration information required under |
| 151 | paragraph (a). The sexual predator must provide an address for |
| 152 | the residence or other location that he or she is or will be |
| 153 | occupying during the time in which he or she fails to establish |
| 154 | or maintain a permanent or temporary residence. |
| 155 | 3. A sexual predator who remains at a permanent residence |
| 156 | after reporting his or her intent to vacate such residence |
| 157 | shall, within 48 hours after the date upon which the predator |
| 158 | indicated he or she would or did vacate such residence, report |
| 159 | in person to the sheriff's office agency to which he or she |
| 160 | reported pursuant to subparagraph 2. for the purpose of |
| 161 | reporting his or her address at such residence. When If the |
| 162 | sheriff receives the report, the sheriff shall promptly convey |
| 163 | the information to the department. An offender who makes a |
| 164 | report as required under subparagraph 2. but fails to make a |
| 165 | report as required under this subparagraph commits a felony of |
| 166 | the second degree, punishable as provided in s. 775.082, s. |
| 167 | 775.083, or s. 775.084. |
| 168 | (h) If the sexual predator registers at an office of the |
| 169 | department, The department must notify the sheriff and the state |
| 170 | attorney of the county and, if applicable, the police chief of |
| 171 | the municipality, where the sexual predator maintains a |
| 172 | residence within 48 hours after the sexual predator registers |
| 173 | with the department. |
| 174 | (i) A sexual predator who intends to establish residence |
| 175 | in another state or jurisdiction other than the State of Florida |
| 176 | shall report in person to the sheriff of the county of current |
| 177 | residence or the department within 48 hours before the date he |
| 178 | or she intends to leave this state to establish residence in |
| 179 | another state or jurisdiction. The sexual predator must provide |
| 180 | to the sheriff or department the address, municipality, county, |
| 181 | and state of intended residence. The sheriff shall promptly |
| 182 | provide to the department the information received from the |
| 183 | sexual predator. The department shall notify the statewide law |
| 184 | enforcement agency, or a comparable agency, in the intended |
| 185 | state or jurisdiction of residence of the sexual predator's |
| 186 | intended residence. The failure of a sexual predator to provide |
| 187 | his or her intended place of residence is punishable as provided |
| 188 | in subsection (10). |
| 189 | (j) A sexual predator who indicates his or her intent to |
| 190 | reside in another state or jurisdiction other than the State of |
| 191 | Florida and later decides to remain in this state shall, within |
| 192 | 48 hours after the date upon which the sexual predator indicated |
| 193 | he or she would leave this state, report in person to the |
| 194 | sheriff or the department, whichever agency is the agency to |
| 195 | whom which the sexual predator reported the intended change of |
| 196 | residence, and report of his or her intent to remain in this |
| 197 | state. If the sheriff is notified by the sexual predator that he |
| 198 | or she intends to remain in this state, the sheriff shall |
| 199 | promptly report this information to the department. A sexual |
| 200 | predator who reports his or her intent to reside in another |
| 201 | state or jurisdiction, but who remains in this state without |
| 202 | reporting to the sheriff or the department in the manner |
| 203 | required by this paragraph, commits a felony of the second |
| 204 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 205 | 775.084. |
| 206 | (10) PENALTIES.-- |
| 207 | (b) A sexual predator who has been convicted of or found |
| 208 | to have committed, or has pled nolo contendere or guilty to, |
| 209 | regardless of adjudication, any violation, or attempted |
| 210 | violation, of s. 787.01, s. 787.02, or s. 787.025, where the |
| 211 | victim is a minor and the defendant is not the victim's parent; |
| 212 | s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. |
| 213 | 796.035; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145; or |
| 214 | s. 985.4045(1);, or a violation of a similar law of another |
| 215 | jurisdiction, when the victim of the offense was a minor, and |
| 216 | who works, whether for compensation or as a volunteer, at any |
| 217 | business, school, day care center, park, playground, or other |
| 218 | place where children regularly congregate, commits a felony of |
| 219 | the third degree, punishable as provided in s. 775.082, s. |
| 220 | 775.083, or s. 775.084. |
| 221 | Section 2. Paragraph (a) of subsection (3) of section |
| 222 | 775.261, Florida Statutes, is amended to read: |
| 223 | 775.261 The Florida Career Offender Registration Act.-- |
| 224 | (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.-- |
| 225 | (a) A career offender released on or after July 1, 2002 |
| 226 | January 1, 2003, from a sanction imposed in this state for a |
| 227 | designation as a habitual violent felony offender, a violent |
| 228 | career criminal, or a three-time violent felony offender under |
| 229 | s. 775.084 or as a prison releasee reoffender under s. |
| 230 | 775.082(9) must register as required under subsection (4) and is |
| 231 | subject to community and public notification as provided under |
| 232 | subsection (5). For purposes of this section, a sanction imposed |
| 233 | in this state includes, but is not limited to, a fine, |
| 234 | probation, community control, parole, conditional release, |
| 235 | control release, or incarceration in a state prison, private |
| 236 | correctional facility, or local detention facility, and: |
| 237 | 1. The career offender has not received a pardon for any |
| 238 | felony or other qualified offense that is necessary for the |
| 239 | operation of this paragraph; or |
| 240 | 2. A conviction of a felony or other qualified offense |
| 241 | necessary to the operation of this paragraph has not been set |
| 242 | aside in any postconviction proceeding. |
| 243 | Section 3. Paragraphs (a) and (d) of subsection (1), |
| 244 | subsections (2), (4), (7), and (8), and paragraph (c) of |
| 245 | subsection (11) of section 943.0435, Florida Statutes, are |
| 246 | amended to read: |
| 247 | 943.0435 Sexual offenders required to register with the |
| 248 | department; penalty.-- |
| 249 | (1) As used in this section, the term: |
| 250 | (a) "Sexual offender" means a person who meets the |
| 251 | criteria in subparagraph 1., subparagraph 2., or subparagraph |
| 252 | 3., as follows: |
| 253 | 1.a. Has been convicted of committing, or attempting, |
| 254 | soliciting, or conspiring to commit, any of the criminal |
| 255 | offenses proscribed in the following statutes in this state or |
| 256 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
| 257 | or s. 787.025, where the victim is a minor and the defendant is |
| 258 | not the victim's parent; chapter 794, excluding ss. 794.011(10) |
| 259 | and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. |
| 260 | 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. |
| 261 | 847.0145; or s. 985.4045(1); or any similar offense committed in |
| 262 | this state which has been redesignated from a former statute |
| 263 | number to one of those listed in this sub-subparagraph |
| 264 | subparagraph; and |
| 265 | b.2. Has been released on or after October 1, 1997, from |
| 266 | the sanction imposed for any conviction of an offense described |
| 267 | in sub-subparagraph a. subparagraph 1. For purposes of sub- |
| 268 | subparagraph a. subparagraph 1., a sanction imposed in this |
| 269 | state or in any other jurisdiction includes, but is not limited |
| 270 | to, a fine, probation, community control, parole, conditional |
| 271 | release, control release, or incarceration in a state prison, |
| 272 | federal prison, private correctional facility, or local |
| 273 | detention facility; or |
| 274 | 2.3. Establishes or maintains a residence in this state |
| 275 | and who has not been designated as a sexual predator by a court |
| 276 | of this state but who has been designated as a sexual predator, |
| 277 | as a sexually violent predator, or by another sexual offender |
| 278 | designation in another state or jurisdiction and was, as a |
| 279 | result of such designation, subjected to registration or |
| 280 | community or public notification, or both, or would be if the |
| 281 | person were a resident of that state or jurisdiction, without |
| 282 | regard to whether the person otherwise meets the criteria for |
| 283 | registration as a sexual offender; or |
| 284 | 3.4. Establishes or maintains a residence in this state |
| 285 | who is in the custody or control of, or under the supervision |
| 286 | of, any other state or jurisdiction as a result of a conviction |
| 287 | for committing, or attempting, soliciting, or conspiring to |
| 288 | commit, any of the criminal offenses proscribed in the following |
| 289 | statutes or similar offense in another jurisdiction: s. 787.01, |
| 290 | s. 787.02, or s. 787.025, where the victim is a minor and the |
| 291 | defendant is not the victim's parent; chapter 794, excluding ss. |
| 292 | 794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. |
| 293 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. |
| 294 | 847.0138; s. 847.0145; or s. 985.4045(1); or any similar offense |
| 295 | committed in this state which has been redesignated from a |
| 296 | former statute number to one of those listed in this |
| 297 | subparagraph. |
| 298 | (d) "Institution of higher education" means a career |
| 299 | center, community college, college, state university, or |
| 300 | independent postsecondary institution. |
| 301 | (2) A sexual offender shall: |
| 302 | (a) Report in person at an office of the department, or at |
| 303 | the sheriff's office in the county in which the offender |
| 304 | establishes or maintains a permanent or temporary residence, |
| 305 | within 48 hours after establishing permanent or temporary |
| 306 | residence in this state or within 48 hours after being released |
| 307 | from the custody, control, or supervision of the Department of |
| 308 | Corrections or from the custody of a private correctional |
| 309 | facility. Any change in the sexual offender's permanent or |
| 310 | temporary residence or name, after the sexual offender reports |
| 311 | in person at an office of the department or at the sheriff's |
| 312 | office, shall be accomplished in the manner provided in |
| 313 | subsections (4), (7), and (8). |
| 314 | (b) Provide his or her name, date of birth, social |
| 315 | security number, race, sex, height, weight, hair and eye color, |
| 316 | tattoos or other identifying marks, occupation and place of |
| 317 | employment, address of permanent or legal residence or address |
| 318 | of any current temporary residence, within the state and out of |
| 319 | state, including a rural route address and a post office box, |
| 320 | date and place of each conviction, and a brief description of |
| 321 | the crime or crimes committed by the offender. A post office box |
| 322 | shall not be provided in lieu of a physical residential address. |
| 323 | 1. If the sexual offender's place of residence is a motor |
| 324 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 325 | in chapter 320, the sexual offender shall also provide to the |
| 326 | department written notice of the vehicle identification number; |
| 327 | the license tag number; the registration number; and a |
| 328 | description, including color scheme, of the motor vehicle, |
| 329 | trailer, mobile home, or manufactured home. If the sexual |
| 330 | offender's place of residence is a vessel, live-aboard vessel, |
| 331 | or houseboat, as defined in chapter 327, the sexual offender |
| 332 | shall also provide to the department written notice of the hull |
| 333 | identification number; the manufacturer's serial number; the |
| 334 | name of the vessel, live-aboard vessel, or houseboat; the |
| 335 | registration number; and a description, including color scheme, |
| 336 | of the vessel, live-aboard vessel, or houseboat. |
| 337 | 2. If the sexual offender is enrolled, employed, or |
| 338 | carrying on a vocation at an institution of higher education in |
| 339 | this state, the sexual offender shall also provide to the |
| 340 | department the name, address, and county of each institution, |
| 341 | including each campus attended, and the sexual offender's |
| 342 | enrollment or employment status. Each change in enrollment or |
| 343 | employment status shall be reported in person at an office of |
| 344 | the department, or at the sheriff's office, within 48 hours |
| 345 | after any change in status. The sheriff shall promptly notify |
| 346 | each institution of the sexual offender's presence and any |
| 347 | change in the sexual offender's enrollment or employment status. |
| 348 |
|
| 349 | When If a sexual offender reports at the sheriff's office, the |
| 350 | sheriff shall take a photograph and a set of fingerprints of the |
| 351 | offender and forward the photographs and fingerprints to the |
| 352 | department, along with the information provided by the sexual |
| 353 | offender. The sheriff shall promptly provide to the department |
| 354 | the information received from the sexual offender. |
| 355 | (4)(a) Each time a sexual offender's driver's license or |
| 356 | identification card is subject to renewal, and, without regard |
| 357 | to the status of the offender's predator's driver's license or |
| 358 | identification card, within 48 hours after any change in the |
| 359 | offender's permanent or temporary residence or change in the |
| 360 | offender's name by reason of marriage or other legal process, |
| 361 | the offender shall report in person to a driver's license |
| 362 | office, and shall be subject to the requirements specified in |
| 363 | subsection (3). The Department of Highway Safety and Motor |
| 364 | Vehicles shall forward to the department all photographs and |
| 365 | information provided by sexual offenders. Notwithstanding the |
| 366 | restrictions set forth in s. 322.142, the Department of Highway |
| 367 | Safety and Motor Vehicles is authorized to release a |
| 368 | reproduction of a color-photograph or digital-image license to |
| 369 | the Department of Law Enforcement for purposes of public |
| 370 | notification of sexual offenders as provided in ss. 943.043, |
| 371 | 943.0435, and 944.606. |
| 372 | (b) A sexual offender who vacates a permanent residence |
| 373 | and fails to establish or maintain another permanent or |
| 374 | temporary residence shall, within 48 hours after vacating the |
| 375 | permanent residence, report in person to the department or the |
| 376 | sheriff's office of the county in which he or she is located. |
| 377 | The sexual offender shall specify the date upon which he or she |
| 378 | intends to or did vacate such residence. The sexual offender |
| 379 | must provide or update all of the registration information |
| 380 | required under paragraph (2)(b). The sexual offender must |
| 381 | provide an address for the residence or other location that he |
| 382 | or she is or will be occupying during the time in which he or |
| 383 | she fails to establish or maintain a permanent or temporary |
| 384 | residence. |
| 385 | (c) A sexual offender who remains at a permanent residence |
| 386 | after reporting his or her intent to vacate such residence |
| 387 | shall, within 48 hours after the date upon which the offender |
| 388 | indicated he or she would or did vacate such residence, report |
| 389 | in person to the agency to which he or she reported pursuant to |
| 390 | paragraph (b) for the purpose of reporting his or her address at |
| 391 | such residence. When If the sheriff receives the report, the |
| 392 | sheriff shall promptly convey the information to the department. |
| 393 | An offender who makes a report as required under paragraph (b) |
| 394 | but fails to make a report as required under this paragraph |
| 395 | commits a felony of the second degree, punishable as provided in |
| 396 | s. 775.082, s. 775.083, or s. 775.084. |
| 397 | (7) A sexual offender who intends to establish residence |
| 398 | in another state or jurisdiction other than the State of Florida |
| 399 | shall report in person to the sheriff of the county of current |
| 400 | residence or the department within 48 hours before the date he |
| 401 | or she intends to leave this state to establish residence in |
| 402 | another state or jurisdiction. The notification must include the |
| 403 | address, municipality, county, and state of intended residence. |
| 404 | The sheriff shall promptly provide to the department the |
| 405 | information received from the sexual offender. The department |
| 406 | shall notify the statewide law enforcement agency, or a |
| 407 | comparable agency, in the intended state or jurisdiction of |
| 408 | residence of the sexual offender's intended residence. The |
| 409 | failure of a sexual offender to provide his or her intended |
| 410 | place of residence is punishable as provided in subsection (9). |
| 411 | (8) A sexual offender who indicates his or her intent to |
| 412 | reside in another state or jurisdiction other than the State of |
| 413 | Florida and later decides to remain in this state shall, within |
| 414 | 48 hours after the date upon which the sexual offender indicated |
| 415 | he or she would leave this state, report in person to the |
| 416 | sheriff or department, whichever agency is the agency to whom |
| 417 | which the sexual offender reported the intended change of |
| 418 | residence, and report of his or her intent to remain in this |
| 419 | state. If the sheriff is notified by the sexual offender that he |
| 420 | or she intends to remain in this state, The sheriff shall |
| 421 | promptly report this information to the department. A sexual |
| 422 | offender who reports his or her intent to reside in another |
| 423 | state or jurisdiction but who remains in this state without |
| 424 | reporting to the sheriff or the department in the manner |
| 425 | required by this subsection commits a felony of the second |
| 426 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 427 | 775.084. |
| 428 | (11) A sexual offender must maintain registration with the |
| 429 | department for the duration of his or her life, unless the |
| 430 | sexual offender has received a full pardon or has had a |
| 431 | conviction set aside in a postconviction proceeding for any |
| 432 | offense that meets the criteria for classifying the person as a |
| 433 | sexual offender for purposes of registration. However, a sexual |
| 434 | offender: |
| 435 | (c) As defined in subparagraph (1)(a)2.3. must maintain |
| 436 | registration with the department for the duration of his or her |
| 437 | life until the person provides the department with an order |
| 438 | issued by the court that designated the person as a sexual |
| 439 | predator, as a sexually violent predator, or by another sexual |
| 440 | offender designation in the state or jurisdiction in which the |
| 441 | order was issued which states that such designation has been |
| 442 | removed or demonstrates to the department that such designation, |
| 443 | if not imposed by a court, has been removed by operation of law |
| 444 | or court order in the state or jurisdiction in which the |
| 445 | designation was made, and provided such person no longer meets |
| 446 | the criteria for registration as a sexual offender under the |
| 447 | laws of this state. |
| 448 | Section 4. Paragraph (b) of subsection (1) of section |
| 449 | 944.606, Florida Statutes, is amended to read: |
| 450 | 944.606 Sexual offenders; notification upon release.-- |
| 451 | (1) As used in this section: |
| 452 | (b) "Sexual offender" means a person who has been |
| 453 | convicted of committing, or attempting, soliciting, or |
| 454 | conspiring to commit, any of the criminal offenses proscribed in |
| 455 | the following statutes in this state or similar offenses in |
| 456 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where |
| 457 | the victim is a minor and the defendant is not the victim's |
| 458 | parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. |
| 459 | 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. |
| 460 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or |
| 461 | s. 985.4045(1); or any similar offense committed in this state |
| 462 | which has been redesignated from a former statute number to one |
| 463 | of those listed in this subsection, when the department has |
| 464 | received verified information regarding such conviction; an |
| 465 | offender's computerized criminal history record is not, in and |
| 466 | of itself, verified information. |
| 467 | Section 5. Paragraphs (a) and (c) of subsection (1) of |
| 468 | section 944.607, Florida Statutes, are amended to read: |
| 469 | 944.607 Notification to Department of Law Enforcement of |
| 470 | information on sexual offenders.-- |
| 471 | (1) As used in this section, the term: |
| 472 | (a) "Sexual offender" means a person who is in the custody |
| 473 | or control of, or under the supervision of, the department or is |
| 474 | in the custody of a private correctional facility: |
| 475 | 1. On or after October 1, 1997, as a result of a |
| 476 | conviction for committing, or attempting, soliciting, or |
| 477 | conspiring to commit, any of the criminal offenses proscribed in |
| 478 | the following statutes in this state or similar offenses in |
| 479 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where |
| 480 | the victim is a minor and the defendant is not the victim's |
| 481 | parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s. |
| 482 | 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. |
| 483 | 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or |
| 484 | s. 985.4045(1); or any similar offense committed in this state |
| 485 | which has been redesignated from a former statute number to one |
| 486 | of those listed in this paragraph; or |
| 487 | 2. Who establishes or maintains a residence in this state |
| 488 | and who has not been designated as a sexual predator by a court |
| 489 | of this state but who has been designated as a sexual predator, |
| 490 | as a sexually violent predator, or by another sexual offender |
| 491 | designation in another state or jurisdiction and was, as a |
| 492 | result of such designation, subjected to registration or |
| 493 | community or public notification, or both, or would be if the |
| 494 | person were a resident of that state or jurisdiction, without |
| 495 | regard as to whether the person otherwise meets the criteria for |
| 496 | registration as a sexual offender. |
| 497 | (c) "Institution of higher education" means a career |
| 498 | center, community college, college, state university, or |
| 499 | independent postsecondary institution. |
| 500 | Section 6. This act shall take effect July 1, 2006. |