HB 0327

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
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; deleting a requirement for
11	separate sentencing of a prior felony for sexual predator
12	designation; removing language allowing a sexual predator
13	to register at a Department of Law Enforcement office;
14	amending s. 775.261, F.S.; revising an operational date
15	used for career offender registration; expanding
16	applicability of registration requirements; amending s.
17	943.0435, F.S.; removing language allowing a sexual
18	offender to register at a Department of Law Enforcement
19	office; revising language relating to the definition of
20	"sexual offender"; revising the definition of "institution
21	of higher education" to include a career center; revising
22	a provision relating to an offender's driver license or
23	identification card renewal; amending s. 944.606, F.S.;
24	revising language relating to the definition of "sexual
25	offender"; amending s. 944.607, F.S.; revising language
26	relating to the definition of "sexual offender"; revising
27	the definition of "institution of higher education" to
28	include a career center; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1.  Paragraph (h) of subsection (2), paragraphs (a)
33	and (b) of subsection (4), paragraph (d) of subsection (5),
34	paragraphs (e), (g), (h), (i), and (j) of subsection (6), and
35	paragraph (b) of subsection (10) of section 775.21, Florida
36	Statutes, are amended to read:
37	775.21  The Florida Sexual Predators Act.--
38	(2)  DEFINITIONS.--As used in this section, the term:
39	(h)  "Institution of higher education" means a career
40	center, community college, college, state university, or
41	independent postsecondary institution.
42	(4)  SEXUAL PREDATOR CRITERIA.--
43	(a)  For a current offense committed on or after October 1,
44	1993, upon conviction, an offender shall be designated as a
45	"sexual predator" under subsection (5), and subject to
46	registration under subsection (6) and community and public
47	notification under subsection (7) if:
48	1.  The felony is:
49	a.  A capital, life, or first-degree felony violation, or
50	any attempt thereof, of s. 787.01 or s. 787.02, where the victim
51	is a minor and the defendant is not the victim's parent, or of
52	chapter 794, s. 800.04, or s. 847.0145, or a violation of a
53	similar law of another jurisdiction; or
54	b.  Any felony violation, or any attempt thereof, of s.
55	787.01, s. 787.02, or s. 787.025, where the victim is a minor
56	and the defendant is not the victim's parent; chapter 794,
57	excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035;
58	s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or s.
59	985.4045(1); or a violation of a similar law of another
60	jurisdiction, and the offender has previously been convicted of
61	or found to have committed, or has pled nolo contendere or
62	guilty to, regardless of adjudication, any violation of s.
63	787.01, s. 787.02, or s. 787.025, where the victim is a minor
64	and the defendant is not the victim's parent; s. 794.011(2),
65	(3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
66	800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or s.
67	847.0145; or s. 985.4045(1);, or a violation of a similar law of
68	another jurisdiction;
69	2.  The offender has not received a pardon for any felony
70	or similar law of another jurisdiction that is necessary for the
71	operation of this paragraph; and
72	3.  A conviction of a felony or similar law of another
73	jurisdiction necessary to the operation of this paragraph has
74	not been set aside in any postconviction proceeding.
75	(b)  In order to be counted as a prior felony for purposes
76	of this subsection, the felony must have resulted in a
77	conviction sentenced separately, or an adjudication of
78	delinquency entered separately, prior to the current offense and
79	sentenced or adjudicated separately from any other felony
80	conviction that is to be counted as a 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.

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