Senate Bill sb0638
CODING: Words stricken are deletions; words underlined are additions.
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:
23
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.
1
CODING: Words stricken are deletions; words underlined are additions.
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.
2
CODING: Words stricken are deletions; words underlined are additions.
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
3
CODING: Words stricken are deletions; words underlined are additions.
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.
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 638
4-433-06 See HB 165
1 Section 5. This act shall take effect January 1, 2007.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
5
CODING: Words stricken are deletions; words underlined are additions.