Senate Bill sb0638c3

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    Florida Senate - 2006              CS for CS for CS for SB 638

    By the Committees on Transportation and Economic Development
    Appropriations; Community Affairs; Criminal Justice; and
    Senator Clary



    606-2302-06

  1                      A bill to be entitled

  2         An act relating to sheltering of sexual

  3         offenders and predators; amending s. 252.35,

  4         F.S.; requiring the Division of Emergency

  5         Management, in conjunction with specified

  6         agencies, to set forth policy guidance for the

  7         sheltering of individuals designated as sexual

  8         predators or subject to registration as sexual

  9         offenders; amending ss. 775.21 and 943.0435,

10         F.S.; requiring sexual predators and

11         individuals subject to registration as sexual

12         offenders seeking shelter to adhere to

13         specified guidelines and provisions; providing

14         penalties; providing a finding of important

15         state interest; providing an effective date.

16  

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

18  

19         Section 1.  Paragraph (a) of subsection (2) of section

20  252.35, Florida Statutes, is amended to read:

21         252.35  Emergency management powers; Division of

22  Emergency Management.--

23         (2)  The division is responsible for carrying out the

24  provisions of ss. 252.31-252.90. In performing its duties

25  under ss. 252.31-252.90, the division shall:

26         (a)  Prepare a state comprehensive emergency management

27  plan, which shall be integrated into and coordinated with the

28  emergency management plans and programs of the Federal

29  Government. The division must adopt the plan as a rule in

30  accordance with chapter 120. The plan shall be implemented by

31  a continuous, integrated comprehensive emergency management

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    Florida Senate - 2006              CS for CS for CS for SB 638
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 1  program. The plan must contain provisions to ensure that the

 2  state is prepared for emergencies and minor, major, and

 3  catastrophic disasters, and the division shall work closely

 4  with local governments and agencies and organizations with

 5  emergency management responsibilities in preparing and

 6  maintaining the plan. The state comprehensive emergency

 7  management plan shall be operations oriented and:

 8         1.  Include an evacuation component that includes

 9  specific regional and interregional planning provisions and

10  promotes intergovernmental coordination of evacuation

11  activities. This component must, at a minimum: contain

12  guidelines for lifting tolls on state highways; ensure

13  coordination pertaining to evacuees crossing county lines; set

14  forth procedures for directing people caught on evacuation

15  routes to safe shelter; establish strategies for ensuring

16  sufficient, reasonably priced fueling locations along

17  evacuation routes; and establish policies and strategies for

18  emergency medical evacuations.

19         2.  Include a shelter component that includes specific

20  regional and interregional planning provisions and promotes

21  coordination of shelter activities between the public,

22  private, and nonprofit sectors. This component must, at a

23  minimum: contain strategies to ensure the availability of

24  adequate public shelter space in each region of the state;

25  establish strategies for refuge-of-last-resort programs;

26  provide strategies to assist local emergency management

27  efforts to ensure that adequate staffing plans exist for all

28  shelters, including medical and security personnel; provide

29  for a postdisaster communications system for public shelters;

30  establish model shelter guidelines for operations,

31  registration, inventory, power generation capability,

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    Florida Senate - 2006              CS for CS for CS for SB 638
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 1  information management, and staffing; and set forth policy

 2  guidance for sheltering people with special needs. In

 3  conjunction with the Department of Law Enforcement and local

 4  law enforcement agencies, the division shall set forth policy

 5  guidance for the sheltering of individuals designated as

 6  sexual predators under s. 775.21 or subject to registration as

 7  sexual offenders under s. 943.0435.

 8         3.  Include a postdisaster response and recovery

 9  component that includes specific regional and interregional

10  planning provisions and promotes intergovernmental

11  coordination of postdisaster response and recovery activities.

12  This component must provide for postdisaster response and

13  recovery strategies according to whether a disaster is minor,

14  major, or catastrophic. The postdisaster response and recovery

15  component must, at a minimum: establish the structure of the

16  state's postdisaster response and recovery organization;

17  establish procedures for activating the state's plan; set

18  forth policies used to guide postdisaster response and

19  recovery activities; describe the chain of command during the

20  postdisaster response and recovery period; describe initial

21  and continuous postdisaster response and recovery actions;

22  identify the roles and responsibilities of each involved

23  agency and organization; provide for a comprehensive

24  communications plan; establish procedures for monitoring

25  mutual aid agreements; provide for rapid impact assessment

26  teams; ensure the availability of an effective statewide urban

27  search and rescue program coordinated with the fire services;

28  ensure the existence of a comprehensive statewide medical care

29  and relief plan administered by the Department of Health; and

30  establish systems for coordinating volunteers and accepting

31  and distributing donated funds and goods.

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    Florida Senate - 2006              CS for CS for CS for SB 638
    606-2302-06




 1         4.  Include additional provisions addressing aspects of

 2  preparedness, response, recovery, and mitigation as determined

 3  necessary by the division.

 4         5.  Address the need for coordinated and expeditious

 5  deployment of state resources, including the Florida National

 6  Guard. In the case of an imminent major disaster, procedures

 7  should address predeployment of the Florida National Guard,

 8  and, in the case of an imminent catastrophic disaster,

 9  procedures should address predeployment of the Florida

10  National Guard and the United States Armed Forces.

11         6.  Establish a system of communications and warning to

12  ensure that the state's population and emergency management

13  agencies are warned of developing emergency situations and can

14  communicate emergency response decisions.

15         7.  Establish guidelines and schedules for annual

16  exercises that evaluate the ability of the state and its

17  political subdivisions to respond to minor, major, and

18  catastrophic disasters and support local emergency management

19  agencies. Such exercises shall be coordinated with local

20  governments and, to the extent possible, the Federal

21  Government.

22         8.  Assign lead and support responsibilities to state

23  agencies and personnel for emergency support functions and

24  other support activities.

25  

26  The complete state comprehensive emergency management plan

27  shall be submitted to the President of the Senate, the Speaker

28  of the House of Representatives, and the Governor on February

29  1 of every even-numbered year.

30         Section 2.  Paragraph (g) of subsection (6) of section

31  775.21, Florida Statutes, is amended to read:

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    Florida Senate - 2006              CS for CS for CS for SB 638
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 1         775.21  The Florida Sexual Predators Act.--

 2         (6)  REGISTRATION.--

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

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

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

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

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

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

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

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

11  Department of Highway Safety and Motor Vehicles shall forward

12  to the department and to the Department of Corrections all

13  photographs and information provided by sexual predators.

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

15  Department of Highway Safety and Motor Vehicles is authorized

16  to release a reproduction of a color-photograph or

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

18  purposes of public notification of sexual predators as

19  provided in this section.

20         2.  A sexual predator who vacates a permanent residence

21  and fails to establish or maintain another permanent or

22  temporary residence shall, within 48 hours after vacating the

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

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

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

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

27  predator must provide or update all of the registration

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

29  must provide an address for the residence or other location

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

31  

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    Florida Senate - 2006              CS for CS for CS for SB 638
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 1  which he or she fails to establish or maintain a permanent or

 2  temporary residence.

 3         3.  A sexual predator who remains at a permanent

 4  residence after reporting his or her intent to vacate such

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

 6  predator indicated he or she would or did vacate such

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

 8  reported pursuant to subparagraph 2. for the purpose of

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

10  receives the report, the sheriff shall promptly convey the

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

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

13  as required under this subparagraph commits a felony of the

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

15  775.083, or s. 775.084.

16         4.  A sexual predator is required to adhere to the

17  guidelines and provisions of state and local law enforcement

18  adopted under s. 252.35(2)(a)2.

19  

20  The sheriff shall promptly provide to the department the

21  information received from the sexual predator.

22         (10)  PENALTIES.--

23         (a)  Except as otherwise specifically provided, a

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

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

26  license or identification card; who fails to provide required

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

28  to make a required report in connection with vacating a

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

30  fails to respond to any address verification correspondence

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

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    Florida Senate - 2006              CS for CS for CS for SB 638
    606-2302-06




 1  correspondence; or who otherwise fails, by act or omission, to

 2  comply with the requirements of this section, commits a felony

 3  of the third degree, punishable as provided in s. 775.082, s.

 4  775.083, or s. 775.084.

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

 6  section 943.0435, Florida Statutes, to read:

 7         943.0435  Sexual offenders required to register with

 8  the department; penalty.--

 9         (4)

10         (d)  A sexual offender is required to adhere to the

11  guidelines and provisions of state and local law enforcement

12  adopted under s. 252.35(2)(a)2.

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

14  requirements of this section commits a felony of the third

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

16  s. 775.084.

17         Section 4.  The Legislature finds that the provisions

18  of this act fulfill an important state interest.

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

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                      CS/CS/Senate Bill 638

23                                 

24  This Committee Substitute for Committee Substitute for
    Committee Substitute for Senate Bill 638 deletes the
25  requirement that counties develop a plan to provide separate
    and exclusive shelter space for sexual offenders and predators
26  in the event of a disaster.  In lieu of the county plan, the
    Division of Emergency Management, in conjunction with the
27  Department of Law Enforcement and local law enforcement
    agencies, is required to incorporate policy guidance for the
28  sheltering of sexual offenders and predators in the state
    comprehensive emergency management plan.
29  

30  

31  

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