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