Senate Bill sb0638

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    Florida Senate - 2006                                   SB 638

    By Senator Clary





    4-433-06                                            See HB 165

  1                      A bill to be entitled

  2         An act relating to restricting sheltering of

  3         sexual offenders and predators; creating s.

  4         252.386, F.S.; prohibiting the sheltering of

  5         sexual offenders and designated sexual

  6         predators in public hurricane evacuation

  7         shelters; requiring each county to provide for

  8         sufficient separate and exclusive shelter space

  9         for such sexual offenders and predators;

10         amending s. 775.21, F.S.; prohibiting sexual

11         predators from seeking shelter in public

12         hurricane evacuation shelters used by the

13         general public; providing penalties; amending

14         s. 943.0435, F.S.; prohibiting individuals

15         subject to registration as sexual offenders

16         from seeking shelter in public hurricane

17         evacuation shelters used by the general public;

18         providing penalties; providing a finding of

19         important state interest; providing an

20         effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  Section 252.386, Florida Statutes, is

25  created to read:

26         252.386  Public shelter space; sexual offenders and

27  predators.--

28         (1)  A public hurricane evacuation shelter used by the

29  general public shall not shelter an individual subject to

30  registration as a sexual offender under s. 943.0435 or

31  designated as a sexual predator under s. 775.21.

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    Florida Senate - 2006                                   SB 638
    4-433-06                                            See HB 165




 1         (2)  Each county, under ss. 252.31-252.60, shall

 2  provide for sufficient separate and exclusive hurricane

 3  evacuation shelter space for such sexual offenders and

 4  predators.

 5         Section 2.  Paragraph (g) of subsection (6) and

 6  paragraph (a) of subsection (10) of section 775.21, Florida

 7  Statutes, are amended to read:

 8         775.21  The Florida Sexual Predators Act.--

 9         (6)  REGISTRATION.--

10         (g)1.  Each time a sexual predator's driver's license

11  or identification card is subject to renewal, and, without

12  regard to the status of the predator's driver's license or

13  identification card, within 48 hours after any change of the

14  predator's residence or change in the predator's name by

15  reason of marriage or other legal process, the predator shall

16  report in person to a driver's license office and shall be

17  subject to the requirements specified in paragraph (f). The

18  Department of Highway Safety and Motor Vehicles shall forward

19  to the department and to the Department of Corrections all

20  photographs and information provided by sexual predators.

21  Notwithstanding the restrictions set forth in s. 322.142, the

22  Department of Highway Safety and Motor Vehicles is authorized

23  to release a reproduction of a color-photograph or

24  digital-image license to the Department of Law Enforcement for

25  purposes of public notification of sexual predators as

26  provided in this section.

27         2.  A sexual predator who vacates a permanent residence

28  and fails to establish or maintain another permanent or

29  temporary residence shall, within 48 hours after vacating the

30  permanent residence, report in person to the department or the

31  sheriff's office of the county in which he or she is located.

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    Florida Senate - 2006                                   SB 638
    4-433-06                                            See HB 165




 1  The sexual predator shall specify the date upon which he or

 2  she intends to or did vacate such residence. The sexual

 3  predator must provide or update all of the registration

 4  information required under paragraph (a). The sexual predator

 5  must provide an address for the residence or other location

 6  that he or she is or will be occupying during the time in

 7  which he or she fails to establish or maintain a permanent or

 8  temporary residence.

 9         3.  A sexual predator who remains at a permanent

10  residence after reporting his or her intent to vacate such

11  residence shall, within 48 hours after the date upon which the

12  predator indicated he or she would or did vacate such

13  residence, report in person to the agency to which he or she

14  reported pursuant to subparagraph 2. for the purpose of

15  reporting his or her address at such residence. If the sheriff

16  receives the report, the sheriff shall promptly convey the

17  information to the department. An offender who makes a report

18  as required under subparagraph 2. but fails to make a report

19  as required under this subparagraph commits a felony of the

20  second degree, punishable as provided in s. 775.082, s.

21  775.083, or s. 775.084.

22         4.  A sexual predator shall not seek shelter in a

23  public hurricane evacuation shelter used by the general

24  public; however, a sexual predator may seek shelter in a

25  hurricane evacuation shelter provided for such predators by a

26  county under s. 252.386.

27  

28  The sheriff shall promptly provide to the department the

29  information received from the sexual predator.

30         (10)  PENALTIES.--

31  

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    Florida Senate - 2006                                   SB 638
    4-433-06                                            See HB 165




 1         (a)  Except as otherwise specifically provided, a

 2  sexual predator who fails to register; who fails, after

 3  registration, to maintain, acquire, or renew a driver's

 4  license or identification card; who fails to provide required

 5  location information or change-of-name information; who fails

 6  to make a required report in connection with vacating a

 7  permanent residence; who fails to reregister as required; who

 8  fails to respond to any address verification correspondence

 9  from the department within 3 weeks of the date of the

10  correspondence; who seeks shelter in a public hurricane

11  evacuation shelter used by the general public; or who

12  otherwise fails, by act or omission, to comply with the

13  requirements of this section, commits a felony of the third

14  degree, punishable as provided in s. 775.082, s. 775.083, or

15  s. 775.084.

16         Section 3.  Paragraph (d) is added to subsection (4) of

17  section 943.0435, Florida Statutes, to read:

18         943.0435  Sexual offenders required to register with

19  the department; penalty.--

20         (4)

21         (d)  A sexual offender shall not seek shelter in a

22  public hurricane evacuation shelter used by the general

23  public; however, a sexual offender may seek shelter in a

24  hurricane evacuation shelter provided for such offenders by a

25  county under s. 252.386.

26         (9)(a)  A sexual offender who does not comply with the

27  requirements of this section commits a felony of the third

28  degree, punishable as provided in s. 775.082, s. 775.083, or

29  s. 775.084.

30         Section 4.  The Legislature finds that the provisions

31  of this act fulfill an important state interest.

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    Florida Senate - 2006                                   SB 638
    4-433-06                                            See HB 165




 1         Section 5.  This act shall take effect January 1, 2007.

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