Senate Bill sb0646er

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


    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



  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:


                                  1

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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.


                                  2

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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


                                  3

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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


                                  4

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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


                                  5

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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


                                  6

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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


                                  7

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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  


                                  8

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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,


                                  9

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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:


                                  10

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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


                                  11

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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


                                  12

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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


                                  13

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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


                                  14

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




    ENROLLED

    2006 Legislature                  CS for SB 646, 1st Engrossed



 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  


                                  15

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




    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


                                  16

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




    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  


                                  17

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