Senate Bill sb0646er
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  1                                 
  2         An act relating to sexual and career offenders;
  3         amending s. 775.21, F.S.; revising the
  4         definition of the term "institution of higher
  5         education" to include a career center; revising
  6         provisions relating to use of prior felonies
  7         for sexual predator determination; removing
  8         provisions allowing a sexual predator to
  9         register at the Department of Law Enforcement;
10         amending s. 775.261, F.S.; revising an
11         operational date used for career offender
12         registration; expanding applicability of
13         registration requirements; amending s.
14         943.0435, F.S.; removing provisions permitting
15         a sexual offender to register at an office of
16         the Department of Law Enforcement; revising
17         provisions relating to the definition of
18         "sexual offender"; revising the definition of
19         "institution of higher education" to include a
20         career center; revising a provision relating to
21         an offender's driver's license or
22         identification card renewal; amending s.
23         944.606, F.S.; revising provisions relating to
24         the definition of "sexual offender"; amending
25         s. 944.607, F.S.; revising provisions relating
26         to the definition of "sexual offender";
27         revising the definition of "institution of
28         higher education" to include a career center;
29         providing an effective date.
30  
31  Be It Enacted by the Legislature of the State of Florida:
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 1         Section 1.  Paragraph (h) of subsection (2), paragraphs
 2  (a) and (b) of subsection (4), paragraph (d) of subsection
 3  (5), paragraphs (e), (g), (h), (i), and (j) of subsection (6),
 4  and paragraph (b) of subsection (10) of section 775.21,
 5  Florida Statutes, are amended to read:
 6         775.21  The Florida Sexual Predators Act.--
 7         (2)  DEFINITIONS.--As used in this section, the term:
 8         (h)  "Institution of higher education" means a career
 9  center, community college, college, state university, or
10  independent postsecondary institution.
11         (4)  SEXUAL PREDATOR CRITERIA.--
12         (a)  For a current offense committed on or after
13  October 1, 1993, upon conviction, an offender shall be
14  designated as a "sexual predator" under subsection (5), and
15  subject to registration under subsection (6) and community and
16  public notification under subsection (7) if:
17         1.  The felony is:
18         a.  A capital, life, or first-degree felony violation,
19  or any attempt thereof, of s. 787.01 or s. 787.02, where the
20  victim is a minor and the defendant is not the victim's
21  parent, or of chapter 794, s. 800.04, or s. 847.0145, or a
22  violation of a similar law of another jurisdiction; or
23         b.  Any felony violation, or any attempt thereof, of s.
24  787.01, s. 787.02, or s. 787.025, where the victim is a minor
25  and the defendant is not the victim's parent; chapter 794,
26  excluding ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035;
27  s. 800.04; s. 825.1025(2)(b); s. 827.071; or s. 847.0145; or
28  s. 985.4045(1); or a violation of a similar law of another
29  jurisdiction, and the offender has previously been convicted
30  of or found to have committed, or has pled nolo contendere or
31  guilty to, regardless of adjudication, any violation of s.
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 1  787.01, s. 787.02, or s. 787.025, where the victim is a minor
 2  and the defendant is not the victim's parent; s. 794.011(2),
 3  (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
 4  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; or
 5  s. 847.0145; or s. 985.4045(1);, or a violation of a similar
 6  law of another jurisdiction;
 7         2.  The offender has not received a pardon for any
 8  felony or similar law of another jurisdiction that is
 9  necessary for the operation of this paragraph; and
10         3.  A conviction of a felony or similar law of another
11  jurisdiction necessary to the operation of this paragraph has
12  not been set aside in any postconviction proceeding.
13         (b)  In order to be counted as a prior felony for
14  purposes of this subsection, the felony must have resulted in
15  a conviction sentenced separately, or an adjudication of
16  delinquency entered separately, prior to the current offense
17  and sentenced or adjudicated separately from any other felony
18  conviction that is to be counted as a prior felony regardless
19  of the date of offense of the prior felony.
20         (5)  SEXUAL PREDATOR DESIGNATION.--An offender is
21  designated as a sexual predator as follows:
22         (d)  A person who establishes or maintains a residence
23  in this state and who has not been designated as a sexual
24  predator by a court of this state but who has been designated
25  as a sexual predator, as a sexually violent predator, or by
26  another sexual offender designation in another state or
27  jurisdiction and was, as a result of such designation,
28  subjected to registration or community or public notification,
29  or both, or would be if the person was a resident of that
30  state or jurisdiction, without regard to whether the person
31  otherwise meets the criteria for registration as a sexual
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 1  offender, shall register in the manner provided in s. 943.0435
 2  or s. 944.607 and shall be subject to community and public
 3  notification as provided in s. 943.0435 or s. 944.607. A
 4  person who meets the criteria of this section is subject to
 5  the requirements and penalty provisions of s. 943.0435 or s.
 6  944.607 until the person provides the department with an order
 7  issued by the court that designated the person as a sexual
 8  predator, as a sexually violent predator, or by another sexual
 9  offender designation in the state or jurisdiction in which the
10  order was issued which states that such designation has been
11  removed or demonstrates to the department that such
12  designation, if not imposed by a court, has been removed by
13  operation of law or court order in the state or jurisdiction
14  in which the designation was made, and provided such person no
15  longer meets the criteria for registration as a sexual
16  offender under the laws of this state.
17         (6)  REGISTRATION.--
18         (e)  If the sexual predator is not in the custody or
19  control of, or under the supervision of, the Department of
20  Corrections, or is not in the custody of a private
21  correctional facility, and establishes or maintains a
22  residence in the state, the sexual predator shall register in
23  person at an office of the department, or at the sheriff's
24  office in the county in which the predator establishes or
25  maintains a residence, within 48 hours after establishing
26  permanent or temporary residence in this state. Any change in
27  the sexual predator's permanent or temporary residence or
28  name, after the sexual predator registers in person at an
29  office of the department or at the sheriff's office, shall be
30  accomplished in the manner provided in paragraphs (g), (i),
31  and (j). When If a sexual predator registers with the
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 1  sheriff's office, the sheriff shall take a photograph and a
 2  set of fingerprints of the predator and forward the
 3  photographs and fingerprints to the department, along with the
 4  information that the predator is required to provide pursuant
 5  to this section.
 6         (g)1.  Each time a sexual predator's driver's license
 7  or identification card is subject to renewal, and, without
 8  regard to the status of the predator's driver's license or
 9  identification card, within 48 hours after any change of the
10  predator's residence or change in the predator's name by
11  reason of marriage or other legal process, the predator shall
12  report in person to a driver's license office and shall be
13  subject to the requirements specified in paragraph (f). The
14  Department of Highway Safety and Motor Vehicles shall forward
15  to the department and to the Department of Corrections all
16  photographs and information provided by sexual predators.
17  Notwithstanding the restrictions set forth in s. 322.142, the
18  Department of Highway Safety and Motor Vehicles is authorized
19  to release a reproduction of a color-photograph or
20  digital-image license to the Department of Law Enforcement for
21  purposes of public notification of sexual predators as
22  provided in this section.
23         2.  A sexual predator who vacates a permanent residence
24  and fails to establish or maintain another permanent or
25  temporary residence shall, within 48 hours after vacating the
26  permanent residence, report in person to the department or the
27  sheriff's office of the county in which he or she is located.
28  The sexual predator shall specify the date upon which he or
29  she intends to or did vacate such residence. The sexual
30  predator must provide or update all of the registration
31  information required under paragraph (a). The sexual predator
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 1  must provide an address for the residence or other location
 2  that he or she is or will be occupying during the time in
 3  which he or she fails to establish or maintain a permanent or
 4  temporary residence.
 5         3.  A sexual predator who remains at a permanent
 6  residence after reporting his or her intent to vacate such
 7  residence shall, within 48 hours after the date upon which the
 8  predator indicated he or she would or did vacate such
 9  residence, report in person to the sheriff's office agency to
10  which he or she reported pursuant to subparagraph 2. for the
11  purpose of reporting his or her address at such residence.
12  When If the sheriff receives the report, the sheriff shall
13  promptly convey the information to the department. An offender
14  who makes a report as required under subparagraph 2. but fails
15  to make a report as required under this subparagraph commits a
16  felony of the second degree, punishable as provided in s.
17  775.082, s. 775.083, or s. 775.084.
18         (h)  If the sexual predator registers at an office of
19  the department, The department must notify the sheriff and the
20  state attorney of the county and, if applicable, the police
21  chief of the municipality, where the sexual predator maintains
22  a residence within 48 hours after the sexual predator
23  registers with the department.
24         (i)  A sexual predator who intends to establish
25  residence in another state or jurisdiction other than the
26  State of Florida shall report in person to the sheriff of the
27  county of current residence or the department within 48 hours
28  before the date he or she intends to leave this state to
29  establish residence in another state or jurisdiction. The
30  sexual predator must provide to the sheriff or department the
31  address, municipality, county, and state of intended
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 1  residence. The sheriff shall promptly provide to the
 2  department the information received from the sexual predator.
 3  The department shall notify the statewide law enforcement
 4  agency, or a comparable agency, in the intended state or
 5  jurisdiction of residence of the sexual predator's intended
 6  residence. The failure of a sexual predator to provide his or
 7  her intended place of residence is punishable as provided in
 8  subsection (10).
 9         (j)  A sexual predator who indicates his or her intent
10  to reside in another state or jurisdiction other than the
11  State of Florida and later decides to remain in this state
12  shall, within 48 hours after the date upon which the sexual
13  predator indicated he or she would leave this state, report in
14  person to the sheriff or the department, whichever agency is
15  the agency to which the sexual predator reported the intended
16  change of residence, and report of his or her intent to remain
17  in this state. If the sheriff is notified by the sexual
18  predator that he or she intends to remain in this state, the
19  sheriff shall promptly report this information to the
20  department. A sexual predator who reports his or her intent to
21  reside in another state or jurisdiction, but who remains in
22  this state without reporting to the sheriff or the department
23  in the manner required by this paragraph, commits a felony of
24  the second degree, punishable as provided in s. 775.082, s.
25  775.083, or s. 775.084.
26         (10)  PENALTIES.--
27         (b)  A sexual predator who has been convicted of or
28  found to have committed, or has pled nolo contendere or guilty
29  to, regardless of adjudication, any violation, or attempted
30  violation, of s. 787.01, s. 787.02, or s. 787.025, where the
31  victim is a minor and the defendant is not the victim's
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 1  parent; s. 794.011(2), (3), (4), (5), or (8); s. 794.05; s.
 2  796.03; s. 796.035; s. 800.04; s. 827.071; s. 847.0133; or s.
 3  847.0145; or s. 985.4045(1);, or a violation of a similar law
 4  of another jurisdiction, when the victim of the offense was a
 5  minor, and who works, whether for compensation or as a
 6  volunteer, at any business, school, day care center, park,
 7  playground, or other place where children regularly
 8  congregate, commits a felony of the third degree, punishable
 9  as provided in s. 775.082, s. 775.083, or s. 775.084.
10         Section 2.  Paragraph (a) of subsection (3) of section
11  775.261, Florida Statutes, is amended to read:
12         775.261  The Florida Career Offender Registration
13  Act.--
14         (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
15         (a)  A career offender released on or after July 1,
16  2002 January 1, 2003, from a sanction imposed in this state
17  for a designation as a habitual violent felony offender, a
18  violent career criminal, or a three-time violent felony
19  offender under s. 775.084 or as a prison releasee reoffender
20  under s. 775.082(9) must register as required under subsection
21  (4) and is subject to community and public notification as
22  provided under subsection (5). For purposes of this section, a
23  sanction imposed in this state includes, but is not limited
24  to, a fine, probation, community control, parole, conditional
25  release, control release, or incarceration in a state prison,
26  private correctional facility, or local detention facility,
27  and:
28         1.  The career offender has not received a pardon for
29  any felony or other qualified offense that is necessary for
30  the operation of this paragraph; or
31  
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 1         2.  A conviction of a felony or other qualified offense
 2  necessary to the operation of this paragraph has not been set
 3  aside in any postconviction proceeding.
 4         Section 3.  Paragraphs (a) and (d) of subsection (1),
 5  subsections (2), (4), (7), and (8), and paragraph (c) of
 6  subsection (11) of section 943.0435, Florida Statutes, are
 7  amended to read:
 8         943.0435  Sexual offenders required to register with
 9  the department; penalty.--
10         (1)  As used in this section, the term:
11         (a)  "Sexual offender" means a person who meets the
12  criteria in subparagraph 1., subparagraph 2., or subparagraph
13  3., as follows:
14         1.a.  Has been convicted of committing, or attempting,
15  soliciting, or conspiring to commit, any of the criminal
16  offenses proscribed in the following statutes in this state or
17  similar offenses in another jurisdiction: s. 787.01, s.
18  787.02, or s. 787.025, where the victim is a minor and the
19  defendant is not the victim's parent; chapter 794, excluding
20  ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035; s.
21  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
22  847.0137; s. 847.0138; s. 847.0145; or s. 985.4045(1); or any
23  similar offense committed in this state which has been
24  redesignated from a former statute number to one of those
25  listed in this sub-subparagraph subparagraph; and
26         b.2.  Has been released on or after October 1, 1997,
27  from the sanction imposed for any conviction of an offense
28  described in sub-subparagraph a. subparagraph 1. For purposes
29  of sub-subparagraph a. subparagraph 1., a sanction imposed in
30  this state or in any other jurisdiction includes, but is not
31  limited to, a fine, probation, community control, parole,
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 1  conditional release, control release, or incarceration in a
 2  state prison, federal prison, private correctional facility,
 3  or local detention facility; or
 4         2.3.  Establishes or maintains a residence in this
 5  state and who has not been designated as a sexual predator by
 6  a court of this state but who has been designated as a sexual
 7  predator, as a sexually violent predator, or by another sexual
 8  offender designation in another state or jurisdiction and was,
 9  as a result of such designation, subjected to registration or
10  community or public notification, or both, or would be if the
11  person were a resident of that state or jurisdiction, without
12  regard to whether the person otherwise meets the criteria for
13  registration as a sexual offender; or
14         3.4.  Establishes or maintains a residence in this
15  state who is in the custody or control of, or under the
16  supervision of, any other state or jurisdiction as a result of
17  a conviction for committing, or attempting, soliciting, or
18  conspiring to commit, any of the criminal offenses proscribed
19  in the following statutes or similar offense in another
20  jurisdiction: s. 787.01, s. 787.02, or s. 787.025, where the
21  victim is a minor and the defendant is not the victim's
22  parent; chapter 794, excluding ss. 794.011(10) and 794.0235;
23  s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
24  847.0133; s. 847.0135; s. 847.0137; s. 847.0138; s. 847.0145;
25  or s. 985.4045(1); or any similar offense committed in this
26  state which has been redesignated from a former statute number
27  to one of those listed in this subparagraph.
28         (d)  "Institution of higher education" means a career
29  center, community college, college, state university, or
30  independent postsecondary institution.
31         (2)  A sexual offender shall:
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 1         (a)  Report in person at an office of the department,
 2  or at the sheriff's office in the county in which the offender
 3  establishes or maintains a permanent or temporary residence,
 4  within 48 hours after establishing permanent or temporary
 5  residence in this state or within 48 hours after being
 6  released from the custody, control, or supervision of the
 7  Department of Corrections or from the custody of a private
 8  correctional facility. Any change in the sexual offender's
 9  permanent or temporary residence or name, after the sexual
10  offender reports in person at an office of the department or
11  at the sheriff's office, shall be accomplished in the manner
12  provided in subsections (4), (7), and (8).
13         (b)  Provide his or her name, date of birth, social
14  security number, race, sex, height, weight, hair and eye
15  color, tattoos or other identifying marks, occupation and
16  place of employment, address of permanent or legal residence
17  or address of any current temporary residence, within the
18  state and out of state, including a rural route address and a
19  post office box, date and place of each conviction, and a
20  brief description of the crime or crimes committed by the
21  offender. A post office box shall not be provided in lieu of a
22  physical residential address.
23         1.  If the sexual offender's place of residence is a
24  motor vehicle, trailer, mobile home, or manufactured home, as
25  defined in chapter 320, the sexual offender shall also provide
26  to the department written notice of the vehicle identification
27  number; the license tag number; the registration number; and a
28  description, including color scheme, of the motor vehicle,
29  trailer, mobile home, or manufactured home. If the sexual
30  offender's place of residence is a vessel, live-aboard vessel,
31  or houseboat, as defined in chapter 327, the sexual offender
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 1  shall also provide to the department written notice of the
 2  hull identification number; the manufacturer's serial number;
 3  the name of the vessel, live-aboard vessel, or houseboat; the
 4  registration number; and a description, including color
 5  scheme, of the vessel, live-aboard vessel, or houseboat.
 6         2.  If the sexual offender is enrolled, employed, or
 7  carrying on a vocation at an institution of higher education
 8  in this state, the sexual offender shall also provide to the
 9  department the name, address, and county of each institution,
10  including each campus attended, and the sexual offender's
11  enrollment or employment status. Each change in enrollment or
12  employment status shall be reported in person at an office of
13  the department, or at the sheriff's office, within 48 hours
14  after any change in status. The sheriff shall promptly notify
15  each institution of the sexual offender's presence and any
16  change in the sexual offender's enrollment or employment
17  status.
18  
19  When If a sexual offender reports at the sheriff's office, the
20  sheriff shall take a photograph and a set of fingerprints of
21  the offender and forward the photographs and fingerprints to
22  the department, along with the information provided by the
23  sexual offender. The sheriff shall promptly provide to the
24  department the information received from the sexual offender.
25         (4)(a)  Each time a sexual offender's driver's license
26  or identification card is subject to renewal, and, without
27  regard to the status of the offender's predator's driver's
28  license or identification card, within 48 hours after any
29  change in the offender's permanent or temporary residence or
30  change in the offender's name by reason of marriage or other
31  legal process, the offender shall report in person to a
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 1  driver's license office, and shall be subject to the
 2  requirements specified in subsection (3). The Department of
 3  Highway Safety and Motor Vehicles shall forward to the
 4  department all photographs and information provided by sexual
 5  offenders. Notwithstanding the restrictions set forth in s.
 6  322.142, the Department of Highway Safety and Motor Vehicles
 7  is authorized to release a reproduction of a color-photograph
 8  or digital-image license to the Department of Law Enforcement
 9  for purposes of public notification of sexual offenders as
10  provided in ss. 943.043, 943.0435, and 944.606.
11         (b)  A sexual offender who vacates a permanent
12  residence and fails to establish or maintain another permanent
13  or temporary residence shall, within 48 hours after vacating
14  the permanent residence, report in person to the department or
15  the sheriff's office of the county in which he or she is
16  located. The sexual offender shall specify the date upon which
17  he or she intends to or did vacate such residence. The sexual
18  offender must provide or update all of the registration
19  information required under paragraph (2)(b). The sexual
20  offender must provide an address for the residence or other
21  location that he or she is or will be occupying during the
22  time in which he or she fails to establish or maintain a
23  permanent or temporary residence.
24         (c)  A sexual offender who remains at a permanent
25  residence after reporting his or her intent to vacate such
26  residence shall, within 48 hours after the date upon which the
27  offender indicated he or she would or did vacate such
28  residence, report in person to the agency to which he or she
29  reported pursuant to paragraph (b) for the purpose of
30  reporting his or her address at such residence. When If the
31  sheriff receives the report, the sheriff shall promptly convey
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 1  the information to the department. An offender who makes a
 2  report as required under paragraph (b) but fails to make a
 3  report as required under this paragraph commits a felony of
 4  the second degree, punishable as provided in s. 775.082, s.
 5  775.083, or s. 775.084.
 6         (7)  A sexual offender who intends to establish
 7  residence in another state or jurisdiction other than the
 8  State of Florida shall report in person to the sheriff of the
 9  county of current residence or the department within 48 hours
10  before the date he or she intends to leave this state to
11  establish residence in another state or jurisdiction. The
12  notification must include the address, municipality, county,
13  and state of intended residence. The sheriff shall promptly
14  provide to the department the information received from the
15  sexual offender. The department shall notify the statewide law
16  enforcement agency, or a comparable agency, in the intended
17  state or jurisdiction of residence of the sexual offender's
18  intended residence. The failure of a sexual offender to
19  provide his or her intended place of residence is punishable
20  as provided in subsection (9).
21         (8)  A sexual offender who indicates his or her intent
22  to reside in another state or jurisdiction other than the
23  State of Florida and later decides to remain in this state
24  shall, within 48 hours after the date upon which the sexual
25  offender indicated he or she would leave this state, report in
26  person to the sheriff or department, whichever agency is the
27  agency to which the sexual offender reported the intended
28  change of residence, and report of his or her intent to remain
29  in this state. If the sheriff is notified by the sexual
30  offender that he or she intends to remain in this state, The
31  sheriff shall promptly report this information to the
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 1  department. A sexual offender who reports his or her intent to
 2  reside in another state or jurisdiction but who remains in
 3  this state without reporting to the sheriff or the department
 4  in the manner required by this subsection commits a felony of
 5  the second degree, punishable as provided in s. 775.082, s.
 6  775.083, or s. 775.084.
 7         (11)  A sexual offender must maintain registration with
 8  the department for the duration of his or her life, unless the
 9  sexual offender has received a full pardon or has had a
10  conviction set aside in a postconviction proceeding for any
11  offense that meets the criteria for classifying the person as
12  a sexual offender for purposes of registration. However, a
13  sexual offender:
14         (c)  As defined in subparagraph (1)(a)2.3. must
15  maintain registration with the department for the duration of
16  his or her life until the person provides the department with
17  an order issued by the court that designated the person as a
18  sexual predator, as a sexually violent predator, or by another
19  sexual offender designation in the state or jurisdiction in
20  which the order was issued which states that such designation
21  has been removed or demonstrates to the department that such
22  designation, if not imposed by a court, has been removed by
23  operation of law or court order in the state or jurisdiction
24  in which the designation was made, and provided such person no
25  longer meets the criteria for registration as a sexual
26  offender under the laws of this state.
27         Section 4.  Paragraph (b) of subsection (1) of section
28  944.606, Florida Statutes, is amended to read:
29         944.606  Sexual offenders; notification upon release.--
30         (1)  As used in this section:
31  
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    ENROLLED
    2006 Legislature                  CS for SB 646, 1st Engrossed
 1         (b)  "Sexual offender" means a person who has been
 2  convicted of committing, or attempting, soliciting, or
 3  conspiring to commit, any of the criminal offenses proscribed
 4  in the following statutes in this state or similar offenses in
 5  another jurisdiction: s. 787.01, s. 787.02, or s. 787.025,
 6  where the victim is a minor and the defendant is not the
 7  victim's parent; chapter 794, excluding ss. 794.011(10) and
 8  794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
 9  827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138;
10  s. 847.0145; or s. 985.4045(1); or any similar offense
11  committed in this state which has been redesignated from a
12  former statute number to one of those listed in this
13  subsection, when the department has received verified
14  information regarding such conviction; an offender's
15  computerized criminal history record is not, in and of itself,
16  verified information.
17         Section 5.  Paragraphs (a) and (c) of subsection (1) of
18  section 944.607, Florida Statutes, are amended to read:
19         944.607  Notification to Department of Law Enforcement
20  of information on sexual offenders.--
21         (1)  As used in this section, the term:
22         (a)  "Sexual offender" means a person who is in the
23  custody or control of, or under the supervision of, the
24  department or is in the custody of a private correctional
25  facility:
26         1.  On or after October 1, 1997, as a result of a
27  conviction for committing, or attempting, soliciting, or
28  conspiring to commit, any of the criminal offenses proscribed
29  in the following statutes in this state or similar offenses in
30  another jurisdiction: s. 787.01, s. 787.02, or s. 787.025,
31  where the victim is a minor and the defendant is not the
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    ENROLLED
    2006 Legislature                  CS for SB 646, 1st Engrossed
 1  victim's parent; chapter 794, excluding ss. 794.011(10) and
 2  794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
 3  827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138;
 4  s. 847.0145; or s. 985.4045(1); or any similar offense
 5  committed in this state which has been redesignated from a
 6  former statute number to one of those listed in this
 7  paragraph; or
 8         2.  Who establishes or maintains a residence in this
 9  state and who has not been designated as a sexual predator by
10  a court of this state but who has been designated as a sexual
11  predator, as a sexually violent predator, or by another sexual
12  offender designation in another state or jurisdiction and was,
13  as a result of such designation, subjected to registration or
14  community or public notification, or both, or would be if the
15  person were a resident of that state or jurisdiction, without
16  regard as to whether the person otherwise meets the criteria
17  for registration as a sexual offender.
18         (c)  "Institution of higher education" means a career
19  center, community college, college, state university, or
20  independent postsecondary institution.
21         Section 6.  This act shall take effect July 1, 2006.
22  
23  
24  
25  
26  
27  
28  
29  
30  
31  
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