HB 0327CS

CHAMBER ACTION




1The Criminal Justice Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to sexual and career offenders; amending
7s. 775.21, F.S.; revising the definition of "institution
8of higher education" to include a career center; revising
9provisions relating to use of prior felonies for sexual
10predator determination; removing language allowing a
11sexual predator to register at a Department of Law
12Enforcement office; amending s. 775.261, F.S.; revising an
13operational date used for career offender registration;
14expanding applicability of registration requirements;
15amending s. 943.0435, F.S.; removing language allowing a
16sexual offender to register at a Department of Law
17Enforcement office; revising language relating to the
18definition of "sexual offender"; revising the definition
19of "institution of higher education" to include a career
20center; revising a provision relating to an offender's
21driver license or identification card renewal; amending s.
22944.606, F.S.; revising language relating to the
23definition of "sexual offender"; amending s. 944.607,
24F.S.; revising language relating to the definition of
25"sexual offender"; revising the definition of "institution
26of higher education" to include a career center; providing
27an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Paragraph (h) of subsection (2), paragraphs (a)
32and (b) of subsection (4), paragraph (d) of subsection (5),
33paragraphs (e), (g), (h), (i), and (j) of subsection (6), and
34paragraph (b) of subsection (10) of section 775.21, Florida
35Statutes, 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
39center, community college, college, state university, or
40independent postsecondary institution.
41     (4)  SEXUAL PREDATOR CRITERIA.--
42     (a)  For a current offense committed on or after October 1,
431993, upon conviction, an offender shall be designated as a
44"sexual predator" under subsection (5), and subject to
45registration under subsection (6) and community and public
46notification under subsection (7) if:
47     1.  The felony is:
48     a.  A capital, life, or first-degree felony violation, or
49any attempt thereof, of s. 787.01 or s. 787.02, where the victim
50is a minor and the defendant is not the victim's parent, or of
51chapter 794, s. 800.04, or s. 847.0145, or a violation of a
52similar law of another jurisdiction; or
53     b.  Any felony violation, or any attempt thereof, of s.
54787.01, s. 787.02, or s. 787.025, where the victim is a minor
55and the defendant is not the victim's parent; chapter 794,
56excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035;
57s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or s.
58985.4045(1); or a violation of a similar law of another
59jurisdiction, and the offender has previously been convicted of
60or found to have committed, or has pled nolo contendere or
61guilty to, regardless of adjudication, any violation of s.
62787.01, s. 787.02, or s. 787.025, where the victim is a minor
63and 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.
65800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s.
66847.0145; or s. 985.4045(1);, or a violation of a similar law of
67another jurisdiction;
68     2.  The offender has not received a pardon for any felony
69or similar law of another jurisdiction that is necessary for the
70operation of this paragraph; and
71     3.  A conviction of a felony or similar law of another
72jurisdiction necessary to the operation of this paragraph has
73not been set aside in any postconviction proceeding.
74     (b)  In order to be counted as a prior felony for purposes
75of this subsection, the felony must have resulted in a
76conviction sentenced separately, or an adjudication of
77delinquency entered separately, prior to the current offense and
78sentenced or adjudicated separately from any other felony
79conviction that is to be counted as a prior felony regardless of
80the date of offense of the prior felony.
81     (5)  SEXUAL PREDATOR DESIGNATION.--An offender is
82designated as a sexual predator as follows:
83     (d)  A person who establishes or maintains a residence in
84this state and who has not been designated as a sexual predator
85by a court of this state but who has been designated as a sexual
86predator, as a sexually violent predator, or by another sexual
87offender designation in another state or jurisdiction and was,
88as a result of such designation, subjected to registration or
89community or public notification, or both, or would be if the
90person was a resident of that state or jurisdiction, without
91regard to whether the person otherwise meets the criteria for
92registration as a sexual offender, shall register in the manner
93provided in s. 943.0435 or s. 944.607 and shall be subject to
94community and public notification as provided in s. 943.0435 or
95s. 944.607. A person who meets the criteria of this section is
96subject to the requirements and penalty provisions of s.
97943.0435 or s. 944.607 until the person provides the department
98with an order issued by the court that designated the person as
99a sexual predator, as a sexually violent predator, or by another
100sexual offender designation in the state or jurisdiction in
101which the order was issued which states that such designation
102has been removed or demonstrates to the department that such
103designation, if not imposed by a court, has been removed by
104operation of law or court order in the state or jurisdiction in
105which the designation was made, and provided such person no
106longer meets the criteria for registration as a sexual offender
107under the laws of this state.
108     (6)  REGISTRATION.--
109     (e)  If the sexual predator is not in the custody or
110control of, or under the supervision of, the Department of
111Corrections, or is not in the custody of a private correctional
112facility, and establishes or maintains a residence in the state,
113the sexual predator shall register in person at an office of the
114department, or at the sheriff's office in the county in which
115the predator establishes or maintains a residence, within 48
116hours after establishing permanent or temporary residence in
117this state. Any change in the sexual predator's permanent or
118temporary residence or name, after the sexual predator registers
119in person at an office of the department or at the sheriff's
120office, shall be accomplished in the manner provided in
121paragraphs (g), (i), and (j). When If a sexual predator
122registers with the sheriff's office, the sheriff shall take a
123photograph and a set of fingerprints of the predator and forward
124the photographs and fingerprints to the department, along with
125the information that the predator is required to provide
126pursuant to this section.
127     (g)1.  Each time a sexual predator's driver's license or
128identification card is subject to renewal, and, without regard
129to the status of the predator's driver's license or
130identification card, within 48 hours after any change of the
131predator's residence or change in the predator's name by reason
132of marriage or other legal process, the predator shall report in
133person to a driver's license office and shall be subject to the
134requirements specified in paragraph (f). The Department of
135Highway Safety and Motor Vehicles shall forward to the
136department and to the Department of Corrections all photographs
137and information provided by sexual predators. Notwithstanding
138the restrictions set forth in s. 322.142, the Department of
139Highway Safety and Motor Vehicles is authorized to release a
140reproduction of a color-photograph or digital-image license to
141the Department of Law Enforcement for purposes of public
142notification of sexual predators as provided in this section.
143     2.  A sexual predator who vacates a permanent residence and
144fails to establish or maintain another permanent or temporary
145residence shall, within 48 hours after vacating the permanent
146residence, report in person to the department or the sheriff's
147office of the county in which he or she is located. The sexual
148predator shall specify the date upon which he or she intends to
149or did vacate such residence. The sexual predator must provide
150or update all of the registration information required under
151paragraph (a). The sexual predator must provide an address for
152the residence or other location that he or she is or will be
153occupying during the time in which he or she fails to establish
154or maintain a permanent or temporary residence.
155     3.  A sexual predator who remains at a permanent residence
156after reporting his or her intent to vacate such residence
157shall, within 48 hours after the date upon which the predator
158indicated he or she would or did vacate such residence, report
159in person to the sheriff's office agency to which he or she
160reported pursuant to subparagraph 2. for the purpose of
161reporting his or her address at such residence. When If the
162sheriff receives the report, the sheriff shall promptly convey
163the information to the department. An offender who makes a
164report as required under subparagraph 2. but fails to make a
165report as required under this subparagraph commits a felony of
166the second degree, punishable as provided in s. 775.082, s.
167775.083, or s. 775.084.
168     (h)  If the sexual predator registers at an office of the
169department, The department must notify the sheriff and the state
170attorney of the county and, if applicable, the police chief of
171the municipality, where the sexual predator maintains a
172residence within 48 hours after the sexual predator registers
173with the department.
174     (i)  A sexual predator who intends to establish residence
175in another state or jurisdiction other than the State of Florida
176shall report in person to the sheriff of the county of current
177residence or the department within 48 hours before the date he
178or she intends to leave this state to establish residence in
179another state or jurisdiction. The sexual predator must provide
180to the sheriff or department the address, municipality, county,
181and state of intended residence. The sheriff shall promptly
182provide to the department the information received from the
183sexual predator. The department shall notify the statewide law
184enforcement agency, or a comparable agency, in the intended
185state or jurisdiction of residence of the sexual predator's
186intended residence. The failure of a sexual predator to provide
187his or her intended place of residence is punishable as provided
188in subsection (10).
189     (j)  A sexual predator who indicates his or her intent to
190reside in another state or jurisdiction other than the State of
191Florida and later decides to remain in this state shall, within
19248 hours after the date upon which the sexual predator indicated
193he or she would leave this state, report in person to the
194sheriff or the department, whichever agency is the agency to
195whom which the sexual predator reported the intended change of
196residence, and report of his or her intent to remain in this
197state. If the sheriff is notified by the sexual predator that he
198or she intends to remain in this state, the sheriff shall
199promptly report this information to the department. A sexual
200predator who reports his or her intent to reside in another
201state or jurisdiction, but who remains in this state without
202reporting to the sheriff or the department in the manner
203required by this paragraph, commits a felony of the second
204degree, punishable as provided in s. 775.082, s. 775.083, or s.
205775.084.
206     (10)  PENALTIES.--
207     (b)  A sexual predator who has been convicted of or found
208to have committed, or has pled nolo contendere or guilty to,
209regardless of adjudication, any violation, or attempted
210violation, of s. 787.01, s. 787.02, or s. 787.025, where the
211victim is a minor and the defendant is not the victim's parent;
212s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
213796.035; s. 800.04; s. 827.071; s. 847.0133; or s. 847.0145; or
214s. 985.4045(1);, or a violation of a similar law of another
215jurisdiction, when the victim of the offense was a minor, and
216who works, whether for compensation or as a volunteer, at any
217business, school, day care center, park, playground, or other
218place where children regularly congregate, commits a felony of
219the third degree, punishable as provided in s. 775.082, s.
220775.083, or s. 775.084.
221     Section 2.  Paragraph (a) of subsection (3) of section
222775.261, 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
226January 1, 2003, from a sanction imposed in this state for a
227designation as a habitual violent felony offender, a violent
228career criminal, or a three-time violent felony offender under
229s. 775.084 or as a prison releasee reoffender under s.
230775.082(9) must register as required under subsection (4) and is
231subject to community and public notification as provided under
232subsection (5). For purposes of this section, a sanction imposed
233in this state includes, but is not limited to, a fine,
234probation, community control, parole, conditional release,
235control release, or incarceration in a state prison, private
236correctional facility, or local detention facility, and:
237     1.  The career offender has not received a pardon for any
238felony or other qualified offense that is necessary for the
239operation of this paragraph; or
240     2.  A conviction of a felony or other qualified offense
241necessary to the operation of this paragraph has not been set
242aside in any postconviction proceeding.
243     Section 3.  Paragraphs (a) and (d) of subsection (1),
244subsections (2), (4), (7), and (8), and paragraph (c) of
245subsection (11) of section 943.0435, Florida Statutes, are
246amended to read:
247     943.0435  Sexual offenders required to register with the
248department; penalty.--
249     (1)  As used in this section, the term:
250     (a)  "Sexual offender" means a person who meets the
251criteria in subparagraph 1., subparagraph 2., or subparagraph
2523., as follows:
253     1.a.  Has been convicted of committing, or attempting,
254soliciting, or conspiring to commit, any of the criminal
255offenses proscribed in the following statutes in this state or
256similar offenses in another jurisdiction: s. 787.01, s. 787.02,
257or s. 787.025, where the victim is a minor and the defendant is
258not the victim's parent; chapter 794, excluding ss. 794.011(10)
259and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
260827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s.
261847.0145; or s. 985.4045(1); or any similar offense committed in
262this state which has been redesignated from a former statute
263number to one of those listed in this sub-subparagraph
264subparagraph; and
265     b.2.  Has been released on or after October 1, 1997, from
266the sanction imposed for any conviction of an offense described
267in sub-subparagraph a. subparagraph 1. For purposes of sub-
268subparagraph a. subparagraph 1., a sanction imposed in this
269state or in any other jurisdiction includes, but is not limited
270to, a fine, probation, community control, parole, conditional
271release, control release, or incarceration in a state prison,
272federal prison, private correctional facility, or local
273detention facility; or
274     2.3.  Establishes or maintains a residence in this state
275and who has not been designated as a sexual predator by a court
276of this state but who has been designated as a sexual predator,
277as a sexually violent predator, or by another sexual offender
278designation in another state or jurisdiction and was, as a
279result of such designation, subjected to registration or
280community or public notification, or both, or would be if the
281person were a resident of that state or jurisdiction, without
282regard to whether the person otherwise meets the criteria for
283registration as a sexual offender; or
284     3.4.  Establishes or maintains a residence in this state
285who is in the custody or control of, or under the supervision
286of, any other state or jurisdiction as a result of a conviction
287for committing, or attempting, soliciting, or conspiring to
288commit, any of the criminal offenses proscribed in the following
289statutes or similar offense in another jurisdiction: s. 787.01,
290s. 787.02, or s. 787.025, where the victim is a minor and the
291defendant is not the victim's parent; chapter 794, excluding ss.
292794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s.
293825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s.
294847.0138; s. 847.0145; or s. 985.4045(1); or any similar offense
295committed in this state which has been redesignated from a
296former statute number to one of those listed in this
297subparagraph.
298     (d)  "Institution of higher education" means a career
299center, community college, college, state university, or
300independent postsecondary institution.
301     (2)  A sexual offender shall:
302     (a)  Report in person at an office of the department, or at
303the sheriff's office in the county in which the offender
304establishes or maintains a permanent or temporary residence,
305within 48 hours after establishing permanent or temporary
306residence in this state or within 48 hours after being released
307from the custody, control, or supervision of the Department of
308Corrections or from the custody of a private correctional
309facility. Any change in the sexual offender's permanent or
310temporary residence or name, after the sexual offender reports
311in person at an office of the department or at the sheriff's
312office, shall be accomplished in the manner provided in
313subsections (4), (7), and (8).
314     (b)  Provide his or her name, date of birth, social
315security number, race, sex, height, weight, hair and eye color,
316tattoos or other identifying marks, occupation and place of
317employment, address of permanent or legal residence or address
318of any current temporary residence, within the state and out of
319state, including a rural route address and a post office box,
320date and place of each conviction, and a brief description of
321the crime or crimes committed by the offender. A post office box
322shall not be provided in lieu of a physical residential address.
323     1.  If the sexual offender's place of residence is a motor
324vehicle, trailer, mobile home, or manufactured home, as defined
325in chapter 320, the sexual offender shall also provide to the
326department written notice of the vehicle identification number;
327the license tag number; the registration number; and a
328description, including color scheme, of the motor vehicle,
329trailer, mobile home, or manufactured home. If the sexual
330offender's place of residence is a vessel, live-aboard vessel,
331or houseboat, as defined in chapter 327, the sexual offender
332shall also provide to the department written notice of the hull
333identification number; the manufacturer's serial number; the
334name of the vessel, live-aboard vessel, or houseboat; the
335registration number; and a description, including color scheme,
336of the vessel, live-aboard vessel, or houseboat.
337     2.  If the sexual offender is enrolled, employed, or
338carrying on a vocation at an institution of higher education in
339this state, the sexual offender shall also provide to the
340department the name, address, and county of each institution,
341including each campus attended, and the sexual offender's
342enrollment or employment status. Each change in enrollment or
343employment status shall be reported in person at an office of
344the department, or at the sheriff's office, within 48 hours
345after any change in status. The sheriff shall promptly notify
346each institution of the sexual offender's presence and any
347change in the sexual offender's enrollment or employment status.
348
349When If a sexual offender reports at the sheriff's office, the
350sheriff shall take a photograph and a set of fingerprints of the
351offender and forward the photographs and fingerprints to the
352department, along with the information provided by the sexual
353offender. The sheriff shall promptly provide to the department
354the information received from the sexual offender.
355     (4)(a)  Each time a sexual offender's driver's license or
356identification card is subject to renewal, and, without regard
357to the status of the offender's predator's driver's license or
358identification card, within 48 hours after any change in the
359offender's permanent or temporary residence or change in the
360offender's name by reason of marriage or other legal process,
361the offender shall report in person to a driver's license
362office, and shall be subject to the requirements specified in
363subsection (3). The Department of Highway Safety and Motor
364Vehicles shall forward to the department all photographs and
365information provided by sexual offenders. Notwithstanding the
366restrictions set forth in s. 322.142, the Department of Highway
367Safety and Motor Vehicles is authorized to release a
368reproduction of a color-photograph or digital-image license to
369the Department of Law Enforcement for purposes of public
370notification of sexual offenders as provided in ss. 943.043,
371943.0435, and 944.606.
372     (b)  A sexual offender who vacates a permanent residence
373and fails to establish or maintain another permanent or
374temporary residence shall, within 48 hours after vacating the
375permanent residence, report in person to the department or the
376sheriff's office of the county in which he or she is located.
377The sexual offender shall specify the date upon which he or she
378intends to or did vacate such residence. The sexual offender
379must provide or update all of the registration information
380required under paragraph (2)(b). The sexual offender must
381provide an address for the residence or other location that he
382or she is or will be occupying during the time in which he or
383she fails to establish or maintain a permanent or temporary
384residence.
385     (c)  A sexual offender who remains at a permanent residence
386after reporting his or her intent to vacate such residence
387shall, within 48 hours after the date upon which the offender
388indicated he or she would or did vacate such residence, report
389in person to the agency to which he or she reported pursuant to
390paragraph (b) for the purpose of reporting his or her address at
391such residence. When If the sheriff receives the report, the
392sheriff shall promptly convey the information to the department.
393An offender who makes a report as required under paragraph (b)
394but fails to make a report as required under this paragraph
395commits a felony of the second degree, punishable as provided in
396s. 775.082, s. 775.083, or s. 775.084.
397     (7)  A sexual offender who intends to establish residence
398in another state or jurisdiction other than the State of Florida
399shall report in person to the sheriff of the county of current
400residence or the department within 48 hours before the date he
401or she intends to leave this state to establish residence in
402another state or jurisdiction. The notification must include the
403address, municipality, county, and state of intended residence.
404The sheriff shall promptly provide to the department the
405information received from the sexual offender. The department
406shall notify the statewide law enforcement agency, or a
407comparable agency, in the intended state or jurisdiction of
408residence of the sexual offender's intended residence. The
409failure of a sexual offender to provide his or her intended
410place of residence is punishable as provided in subsection (9).
411     (8)  A sexual offender who indicates his or her intent to
412reside in another state or jurisdiction other than the State of
413Florida and later decides to remain in this state shall, within
41448 hours after the date upon which the sexual offender indicated
415he or she would leave this state, report in person to the
416sheriff or department, whichever agency is the agency to whom
417which the sexual offender reported the intended change of
418residence, and report of his or her intent to remain in this
419state. If the sheriff is notified by the sexual offender that he
420or she intends to remain in this state, The sheriff shall
421promptly report this information to the department. A sexual
422offender who reports his or her intent to reside in another
423state or jurisdiction but who remains in this state without
424reporting to the sheriff or the department in the manner
425required by this subsection commits a felony of the second
426degree, punishable as provided in s. 775.082, s. 775.083, or s.
427775.084.
428     (11)  A sexual offender must maintain registration with the
429department for the duration of his or her life, unless the
430sexual offender has received a full pardon or has had a
431conviction set aside in a postconviction proceeding for any
432offense that meets the criteria for classifying the person as a
433sexual offender for purposes of registration. However, a sexual
434offender:
435     (c)  As defined in subparagraph (1)(a)2.3. must maintain
436registration with the department for the duration of his or her
437life until the person provides the department with an order
438issued by the court that designated the person as a sexual
439predator, as a sexually violent predator, or by another sexual
440offender designation in the state or jurisdiction in which the
441order was issued which states that such designation has been
442removed or demonstrates to the department that such designation,
443if not imposed by a court, has been removed by operation of law
444or court order in the state or jurisdiction in which the
445designation was made, and provided such person no longer meets
446the criteria for registration as a sexual offender under the
447laws of this state.
448     Section 4.  Paragraph (b) of subsection (1) of section
449944.606, 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
453convicted of committing, or attempting, soliciting, or
454conspiring to commit, any of the criminal offenses proscribed in
455the following statutes in this state or similar offenses in
456another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
457the victim is a minor and the defendant is not the victim's
458parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
459796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
460847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
461s. 985.4045(1); or any similar offense committed in this state
462which has been redesignated from a former statute number to one
463of those listed in this subsection, when the department has
464received verified information regarding such conviction; an
465offender's computerized criminal history record is not, in and
466of itself, verified information.
467     Section 5.  Paragraphs (a) and (c) of subsection (1) of
468section 944.607, Florida Statutes, are amended to read:
469     944.607  Notification to Department of Law Enforcement of
470information on sexual offenders.--
471     (1)  As used in this section, the term:
472     (a)  "Sexual offender" means a person who is in the custody
473or control of, or under the supervision of, the department or is
474in the custody of a private correctional facility:
475     1.  On or after October 1, 1997, as a result of a
476conviction for committing, or attempting, soliciting, or
477conspiring to commit, any of the criminal offenses proscribed in
478the following statutes in this state or similar offenses in
479another jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where
480the victim is a minor and the defendant is not the victim's
481parent; chapter 794, excluding ss. 794.011(10) and 794.0235; s.
482796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
483847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or
484s. 985.4045(1); or any similar offense committed in this state
485which has been redesignated from a former statute number to one
486of those listed in this paragraph; or
487     2.  Who establishes or maintains a residence in this state
488and who has not been designated as a sexual predator by a court
489of this state but who has been designated as a sexual predator,
490as a sexually violent predator, or by another sexual offender
491designation in another state or jurisdiction and was, as a
492result of such designation, subjected to registration or
493community or public notification, or both, or would be if the
494person were a resident of that state or jurisdiction, without
495regard as to whether the person otherwise meets the criteria for
496registration as a sexual offender.
497     (c)  "Institution of higher education" means a career
498center, community college, college, state university, or
499independent postsecondary institution.
500     Section 6.  This act shall take effect July 1, 2006.


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