| 1 | Representative Rivera offered the following: | 
| 2 | 
  | 
| 3 |      Amendment (with title amendment) | 
| 4 |      Remove everything after the enacting clause and insert: | 
| 5 |      Section 1.  This act may be cited as the "Cybercrimes  | 
| 6 | Against Children Act of 2007." | 
| 7 |      Section 2.  Subsection (1) of section 16.56, Florida  | 
| 8 | Statutes, is amended to read: | 
| 9 |      16.56  Office of Statewide Prosecution.-- | 
| 10 |      (1)  There is created in the Department of Legal Affairs an  | 
| 11 | Office of Statewide Prosecution. The office shall be a separate  | 
| 12 | "budget entity" as that term is defined in chapter 216. The  | 
| 13 | office may: | 
| 14 |      (a)  Investigate and prosecute the offenses of: | 
| 15 |      1.  Bribery, burglary, criminal usury, extortion, gambling,  | 
| 16 | kidnapping, larceny, murder, prostitution, perjury, robbery,  | 
| 17 | carjacking, and home-invasion robbery; | 
| 18 |      2.  Any crime involving narcotic or other dangerous drugs; | 
| 19 |      3.  Any violation of the provisions of the Florida RICO  | 
| 20 | (Racketeer Influenced and Corrupt Organization) Act, including  | 
| 21 | any offense listed in the definition of racketeering activity in  | 
| 22 | s. 895.02(1)(a), providing such listed offense is investigated  | 
| 23 | in connection with a violation of s. 895.03 and is charged in a  | 
| 24 | separate count of an information or indictment containing a  | 
| 25 | count charging a violation of s. 895.03, the prosecution of  | 
| 26 | which listed offense may continue independently if the  | 
| 27 | prosecution of the violation of s. 895.03 is terminated for any  | 
| 28 | reason; | 
| 29 |      4.  Any violation of the provisions of the Florida Anti- | 
| 30 | Fencing Act; | 
| 31 |      5.  Any violation of the provisions of the Florida  | 
| 32 | Antitrust Act of 1980, as amended; | 
| 33 |      6.  Any crime involving, or resulting in, fraud or deceit  | 
| 34 | upon any person; | 
| 35 |      7.  Any violation of s. 847.0135, relating to computer  | 
| 36 | pornography and child exploitation prevention, or any offense  | 
| 37 | related to a violation of s. 847.0135 or any violation of  | 
| 38 | chapter 827 where the crime is facilitated by or connected to  | 
| 39 | the use of the Internet or any device capable of electronic data  | 
| 40 | storage or transmission; | 
| 41 |      8.  Any violation of the provisions of chapter 815; | 
| 42 |      9.  Any criminal violation of part I of chapter 499; | 
| 43 |      10.  Any violation of the provisions of the Florida Motor  | 
| 44 | Fuel Tax Relief Act of 2004; | 
| 45 |      11.  Any criminal violation of s. 409.920 or s. 409.9201;  | 
| 46 | or | 
| 47 |      12.  Any crime involving voter registration, voting, or  | 
| 48 | candidate or issue petition activities; | 
| 49 | 
  | 
| 50 | or any attempt, solicitation, or conspiracy to commit any of the  | 
| 51 | crimes specifically enumerated above. The office shall have such  | 
| 52 | power only when any such offense is occurring, or has occurred,  | 
| 53 | in two or more judicial circuits as part of a related  | 
| 54 | transaction, or when any such offense is connected with an  | 
| 55 | organized criminal conspiracy affecting two or more judicial  | 
| 56 | circuits. | 
| 57 |      (b)  Investigate and prosecute any crime facilitated by or  | 
| 58 | connected to the use of the Internet. Any such crime is a crime  | 
| 59 | occurring in every judicial circuit within the state. | 
| 60 |      (c)(b)  Upon request, cooperate with and assist state  | 
| 61 | attorneys and state and local law enforcement officials in their  | 
| 62 | efforts against organized crimes. | 
| 63 |      (d)(c)  Request and receive from any department, division,  | 
| 64 | board, bureau, commission, or other agency of the state, or of  | 
| 65 | any political subdivision thereof, cooperation and assistance in  | 
| 66 | the performance of its duties. | 
| 67 |      Section 3.  Section 775.0847, Florida Statutes, is created  | 
| 68 | to read: | 
| 69 |      775.0847  Possession or promotion of certain images of  | 
| 70 | child pornography; reclassification.-- | 
| 71 |      (1)  For purposes of this section: | 
| 72 |      (a)  "Child" means any person, whose identity is known or  | 
| 73 | unknown, less than 18 years of age. | 
| 74 |      (b)  "Child pornography" means any image depicting a minor  | 
| 75 | engaged in sexual conduct. | 
| 76 |      (c)  "Sadomasochistic abuse" means flagellation or torture  | 
| 77 | by or upon a person or the condition of being fettered, bound,  | 
| 78 | or otherwise physically restrained, for the purpose of deriving  | 
| 79 | sexual satisfaction, or satisfaction brought about as a result  | 
| 80 | of sadistic violence, from inflicting harm on another or  | 
| 81 | receiving such harm oneself. | 
| 82 |      (d)  "Sexual battery" means oral, anal, or vaginal  | 
| 83 | penetration by, or union with, the sexual organ of another or  | 
| 84 | the anal or vaginal penetration of another by any other object;  | 
| 85 | however, sexual battery does not include an act done for a bona  | 
| 86 | fide medical purpose. | 
| 87 |      (e)  "Sexual bestiality" means any sexual act, actual or  | 
| 88 | simulated, between a person and an animal involving the sex  | 
| 89 | organ of the one and the mouth, anus, or vagina of the other. | 
| 90 |      (f)  "Sexual conduct" means actual or simulated sexual  | 
| 91 | intercourse, deviate sexual intercourse, sexual bestiality,  | 
| 92 | masturbation, or sadomasochistic abuse; actual lewd exhibition  | 
| 93 | of the genitals; actual physical contact with a person's clothed  | 
| 94 | or unclothed genitals, pubic area, buttocks, or, if such person  | 
| 95 | is a female, breast with the intent to arouse or gratify the  | 
| 96 | sexual desire of either party; or any act or conduct which  | 
| 97 | constitutes sexual battery or simulates that sexual battery is  | 
| 98 | being or will be committed. A mother's breastfeeding of her baby  | 
| 99 | does not under any circumstance constitute "sexual conduct." | 
| 100 |      (2)  A violation of s. 827.071, s. 847.0135, s. 847.0137,  | 
| 101 | or s. 847.0138 shall be reclassified to the next higher degree  | 
| 102 | as provided in subsection (3) if: | 
| 103 |      (a)  The offender possesses 10 or more images of any form  | 
| 104 | of child pornography regardless of content; and | 
| 105 |      (b)  The content of at least one image contains one or more  | 
| 106 | of the following: | 
| 107 |      1.  A child who is younger than the age of 5. | 
| 108 |      2.  Sadomasochistic abuse involving a child. | 
| 109 |      3.  Sexual battery involving a child. | 
| 110 |      4.  Sexual bestiality involving a child. | 
| 111 |      5.  Any movie involving a child, regardless of length and  | 
| 112 | regardless of whether the movie contains sound. | 
| 113 |      (3)(a)  In the case of a felony of the third degree, the  | 
| 114 | offense is reclassified to a felony of the second degree. | 
| 115 |      (b)  In the case of a felony of the second degree, the  | 
| 116 | offense is reclassified to a felony of the first degree. | 
| 117 | 
  | 
| 118 | For purposes of sentencing under chapter 921 and determining  | 
| 119 | incentive gain-time eligibility under chapter 944, a felony  | 
| 120 | offense that is reclassified under this section is ranked one  | 
| 121 | level above the ranking under s. 921.0022 or s. 921.0023 of the  | 
| 122 | offense committed. | 
| 123 |      Section 4.  Subsection (6) is added to section 827.071,  | 
| 124 | Florida Statutes, to read: | 
| 125 |      827.071  Sexual performance by a child; penalties.-- | 
| 126 |      (6)  Prosecution of any person for an offense under this  | 
| 127 | section shall not prohibit prosecution of that person in this  | 
| 128 | state for a violation of any law of this state, including a law  | 
| 129 | providing for greater penalties than prescribed in this section  | 
| 130 | or any other crime punishing the sexual performance or the  | 
| 131 | sexual exploitation of children. | 
| 132 |      Section 5.  Section 847.0135, Florida Statutes, is amended  | 
| 133 | to read: | 
| 134 |      847.0135  Computer pornography; traveling to meet minor;  | 
| 135 | penalties.-- | 
| 136 |      (1)  SHORT TITLE.--This section shall be known and may be  | 
| 137 | cited as the "Computer Pornography and Child Exploitation  | 
| 138 | Prevention Act of 1986." | 
| 139 |      (2)  COMPUTER PORNOGRAPHY.--A person who: | 
| 140 |      (a)  Knowingly compiles, enters into, or transmits by use  | 
| 141 | of computer; | 
| 142 |      (b)  Makes, prints, publishes, or reproduces by other  | 
| 143 | computerized means; | 
| 144 |      (c)  Knowingly causes or allows to be entered into or  | 
| 145 | transmitted by use of computer; or | 
| 146 |      (d)  Buys, sells, receives, exchanges, or disseminates, | 
| 147 | 
  | 
| 148 | any notice, statement, or advertisement of any minor's name,  | 
| 149 | telephone number, place of residence, physical characteristics,  | 
| 150 | or other descriptive or identifying information for purposes of  | 
| 151 | facilitating, encouraging, offering, or soliciting sexual  | 
| 152 | conduct of or with any minor, or the visual depiction of such  | 
| 153 | conduct, commits a felony of the third degree, punishable as  | 
| 154 | provided in s. 775.082, s. 775.083, or s. 775.084. The fact that  | 
| 155 | an undercover operative or law enforcement officer was involved  | 
| 156 | in the detection and investigation of an offense under this  | 
| 157 | section shall not constitute a defense to a prosecution under  | 
| 158 | this section. | 
| 159 |      (3)  CERTAIN USES OF COMPUTER SERVICES OR DEVICES  | 
| 160 | PROHIBITED.--Any person who knowingly uses utilizes a computer  | 
| 161 | on-line service, Internet service, or local bulletin board  | 
| 162 | service, or any other device capable of electronic data storage  | 
| 163 | or transmission to: | 
| 164 |      (a)  Seduce, solicit, lure, or entice, or attempt to  | 
| 165 | seduce, solicit, lure, or entice, a child or another person  | 
| 166 | believed by the person to be a child, to commit any illegal act  | 
| 167 | described in chapter 794, relating to sexual battery; chapter  | 
| 168 | 800, relating to lewdness and indecent exposure; or chapter 827,  | 
| 169 | or to otherwise engage in any unlawful sexual conduct with a  | 
| 170 | child or with another person believed by the person to be a  | 
| 171 | child; or | 
| 172 |      (b)  Solicit, lure, or entice, or attempt to solicit, lure,  | 
| 173 | or entice a parent, legal guardian, or custodian of a child or a  | 
| 174 | person believed to be a parent, legal guardian, or custodian of  | 
| 175 | a child to consent to the participation of such child in any act  | 
| 176 | described in chapter 794, chapter 800, or chapter 827, or to  | 
| 177 | otherwise engage in any sexual conduct, | 
| 178 | 
  | 
| 179 | relating to child abuse, commits a felony of the third degree,  | 
| 180 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084.  | 
| 181 | Any person who, in violating this subsection, misrepresents his  | 
| 182 | or her age, commits a felony of the second degree, punishable as  | 
| 183 | provided in s. 775.082, s. 775.083, or s. 775.084. Each separate  | 
| 184 | use of a computer on-line service, Internet service, local  | 
| 185 | bulletin board service, or any other device capable of  | 
| 186 | electronic data storage or transmission wherein an offense  | 
| 187 | described in this section is committed may be charged as a  | 
| 188 | separate offense. | 
| 189 |      (4)  TRAVELING TO MEET A MINOR.--Any person who travels any  | 
| 190 | distance either within this state, to this state, or from this  | 
| 191 | state by any means, who attempts to do so, or who causes another  | 
| 192 | to do so or to attempt to do so for the purpose of engaging in  | 
| 193 | any illegal act described in chapter 794, chapter 800, or  | 
| 194 | chapter 827, or to otherwise engage in other unlawful sexual  | 
| 195 | conduct with a child or with another person believed by the  | 
| 196 | person to be a child after using a computer on-line service,  | 
| 197 | Internet service, local bulletin board service, or any other  | 
| 198 | device capable of electronic data storage or transmission to: | 
| 199 |      (a)  Seduce, solicit, lure, or entice or attempt to seduce,  | 
| 200 | solicit, lure, or entice a child or another person believed by  | 
| 201 | the person to be a child, to engage in any illegal act described  | 
| 202 | in chapter 794, chapter 800, or chapter 827, or to otherwise  | 
| 203 | engage in other unlawful sexual conduct with a child; or | 
| 204 |      (b)  Solicit, lure, or entice or attempt to solicit, lure,  | 
| 205 | or entice a parent, legal guardian, or custodian of a child or a  | 
| 206 | person believed to be a parent, legal guardian, or custodian of  | 
| 207 | a child to consent to the participation of such child in any act  | 
| 208 | described in chapter 794, chapter 800, or chapter 827, or to  | 
| 209 | otherwise engage in any sexual conduct, | 
| 210 | 
  | 
| 211 | commits a felony of the second degree, punishable as provided in  | 
| 212 | s. 775.082, s. 775.083, or s. 775.084. | 
| 213 |      (5)(4)  OWNERS OR OPERATORS OF COMPUTER SERVICES  | 
| 214 | LIABLE.--It is unlawful for any owner or operator of a computer  | 
| 215 | on-line service, Internet service, or local bulletin board  | 
| 216 | service knowingly to permit a subscriber to use utilize the  | 
| 217 | service to commit a violation of this section. Any person who  | 
| 218 | violates this section commits a misdemeanor of the first degree,  | 
| 219 | punishable by a fine not exceeding $2,000. | 
| 220 |      (6)(5)  STATE CRIMINAL JURISDICTION.--A person is subject  | 
| 221 | to prosecution in this state pursuant to chapter 910 for any  | 
| 222 | conduct proscribed by this section which the person engages in,  | 
| 223 | while either within or outside this state, if by such conduct  | 
| 224 | the person commits a violation of this section involving a child  | 
| 225 | residing in this state, a child's guardian, or another person  | 
| 226 | believed by the person to be a child or a child's guardian  | 
| 227 | residing in this state. | 
| 228 |      (7)  EFFECT OF PROSECUTION.--Prosecution of any person for  | 
| 229 | an offense under this section shall not prohibit prosecution of  | 
| 230 | that person in this state or another jurisdiction for a  | 
| 231 | violation of any law of this state, including a law providing  | 
| 232 | for greater penalties than prescribed in this section or any  | 
| 233 | other crime punishing the sexual performance or the sexual  | 
| 234 | exploitation of children. | 
| 235 |      Section 6.  Subsection (8) of section 905.34, Florida  | 
| 236 | Statutes, is amended to read: | 
| 237 |      905.34  Powers and duties; law applicable.--The  | 
| 238 | jurisdiction of a statewide grand jury impaneled under this  | 
| 239 | chapter shall extend throughout the state. The subject matter  | 
| 240 | jurisdiction of the statewide grand jury shall be limited to the  | 
| 241 | offenses of: | 
| 242 |      (8)  Any violation of s. 847.0135, s. 847.0137, or s.  | 
| 243 | 847.0138 relating to computer pornography and child exploitation  | 
| 244 | prevention, or any offense related to a violation of s.  | 
| 245 | 847.0135, s. 847.0137, or s. 847.0138 or any violation of  | 
| 246 | chapter 827 where the crime is facilitated by or connected to  | 
| 247 | the use of the Internet or any device capable of electronic data  | 
| 248 | storage or transmission; | 
| 249 | 
  | 
| 250 | or any attempt, solicitation, or conspiracy to commit any  | 
| 251 | violation of the crimes specifically enumerated above, when any  | 
| 252 | such offense is occurring, or has occurred, in two or more  | 
| 253 | judicial circuits as part of a related transaction or when any  | 
| 254 | such offense is connected with an organized criminal conspiracy  | 
| 255 | affecting two or more judicial circuits. The statewide grand  | 
| 256 | jury may return indictments and presentments irrespective of the  | 
| 257 | county or judicial circuit where the offense is committed or  | 
| 258 | triable. If an indictment is returned, it shall be certified and  | 
| 259 | transferred for trial to the county where the offense was  | 
| 260 | committed. The powers and duties of, and law applicable to,  | 
| 261 | county grand juries shall apply to a statewide grand jury except  | 
| 262 | when such powers, duties, and law are inconsistent with the  | 
| 263 | provisions of ss. 905.31-905.40. | 
| 264 |      Section 7.  Subsection (1) of section 910.15, Florida  | 
| 265 | Statutes, is amended to read: | 
| 266 |      910.15  Crimes facilitated by Theft and fraudulent  | 
| 267 | practices concerning communication systems.-- | 
| 268 |      (1)  A person charged with committing a crime facilitated  | 
| 269 | by communication through use of the mail, telephone, or  | 
| 270 | newspaper or by radio, television, Internet, or another means of  | 
| 271 | electronic data communication may be tried in the county in  | 
| 272 | which the dissemination originated, in which the dissemination  | 
| 273 | was made, or in which any act necessary to consummate the  | 
| 274 | offense occurred. : | 
| 275 |      (a)  A fraudulent practice in a manner in which it may  | 
| 276 | reasonably be assumed that a communication made to facilitate  | 
| 277 | the fraudulent practice, or a false or misleading  | 
| 278 | representation, could or would be disseminated across  | 
| 279 | jurisdictional lines; or | 
| 280 |      (b)  A theft involving the use of the mail, telephone,  | 
| 281 | newspaper, radio, television, or other means of communication, | 
| 282 | 
  | 
| 283 | may be tried in the county in which the dissemination  | 
| 284 | originated, in which the dissemination was made, or in which any  | 
| 285 | act necessary to consummate the offense occurred. | 
| 286 |      Section 8.  Paragraph (g) of subsection (3) of section  | 
| 287 | 921.0022, Florida Statutes, is amended to read: | 
| 288 |      921.0022  Criminal Punishment Code; offense severity  | 
| 289 | ranking chart.-- | 
| 290 |      (3)  OFFENSE SEVERITY RANKING CHART | 
| 291 | 
  | 
|   | | FloridaStatute | FelonyDegree | Description | 
  | 
| 292 | 
  | 
|   |  | 
| 293 | 
  | 
|   | | 316.027(1)(b) | 1st | Accident involving death, failure to stop; leaving scene. | 
  | 
| 294 | 
  | 
|   | | 316.193(3)(c)2. | 3rd | DUI resulting in serious bodily injury. | 
  | 
| 295 | 
  | 
|   | | 316.1935(3)(b) | 1st | Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated. | 
  | 
| 296 | 
  | 
|   | | 327.35(3)(c)2. | 3rd | Vessel BUI resulting in serious bodily injury. | 
  | 
| 297 | 
  | 
|   | | 402.319(2) | 2nd | Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. | 
  | 
| 298 | 
  | 
|   | | 409.920(2) | 3rd | Medicaid provider fraud. | 
  | 
| 299 | 
  | 
|   | | 456.065(2) | 3rd | Practicing a health care profession without a license. | 
  | 
| 300 | 
  | 
|   | | 456.065(2) | 2nd | Practicing a health care profession without a license which results in serious bodily injury. | 
  | 
| 301 | 
  | 
|   | | 458.327(1) | 3rd | Practicing medicine without a license. | 
  | 
| 302 | 
  | 
|   | | 459.013(1) | 3rd | Practicing osteopathic medicine without a license. | 
  | 
| 303 | 
  | 
|   | | 460.411(1) | 3rd | Practicing chiropractic medicine without a license. | 
  | 
| 304 | 
  | 
|   | | 461.012(1) | 3rd | Practicing podiatric medicine without a license. | 
  | 
| 305 | 
  | 
|   | | 462.17 | 3rd | Practicing naturopathy without a license. | 
  | 
| 306 | 
  | 
|   | | 463.015(1) | 3rd | Practicing optometry without a license. | 
  | 
| 307 | 
  | 
|   | | 464.016(1) | 3rd | Practicing nursing without a license. | 
  | 
| 308 | 
  | 
|   | | 465.015(2) | 3rd | Practicing pharmacy without a license. | 
  | 
| 309 | 
  | 
|   | | 466.026(1) | 3rd | Practicing dentistry or dental hygiene without a license. | 
  | 
| 310 | 
  | 
|   | | 467.201 | 3rd | Practicing midwifery without a license. | 
  | 
| 311 | 
  | 
|   | | 468.366 | 3rd | Delivering respiratory care services without a license. | 
  | 
| 312 | 
  | 
|   | | 483.828(1) | 3rd | Practicing as clinical laboratory personnel without a license. | 
  | 
| 313 | 
  | 
|   | | 483.901(9) | 3rd | Practicing medical physics without a license. | 
  | 
| 314 | 
  | 
|   | | 484.013(1)(c) | 3rd | Preparing or dispensing optical devices without a prescription. | 
  | 
| 315 | 
  | 
|   | | 484.053 | 3rd | Dispensing hearing aids without a license. | 
  | 
| 316 | 
  | 
|   | | 494.0018(2) | 1st | Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. | 
  | 
| 317 | 
  | 
|   | | 560.123(8)(b)1. | 3rd | Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. | 
  | 
| 318 | 
  | 
|   | | 560.125(5)(a) | 3rd | Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. | 
  | 
| 319 | 
  | 
|   | | 655.50(10)(b)1. | 3rd | Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. | 
  | 
| 320 | 
  | 
|   | | 775.21(10)(a) | 3rd | Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations. | 
  | 
| 321 | 
  | 
|   | | 775.21(10)(b) | 3rd | Sexual predator working where children regularly congregate. | 
  | 
| 322 | 
  | 
|   | | 775.21(10)(g) | 3rd | Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator. | 
  | 
| 323 | 
  | 
|   | | 782.051(3) | 2nd | Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. | 
  | 
| 324 | 
  | 
|   | | 782.07(1) | 2nd | Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). | 
  | 
| 325 | 
  | 
|   | | 782.071 | 2nd | Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). | 
  | 
| 326 | 
  | 
|   | | 782.072 | 2nd | Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). | 
  | 
| 327 | 
  | 
|   | | 784.045(1)(a)1. | 2nd | Aggravated battery; intentionally causing great bodily harm or disfigurement. | 
  | 
| 328 | 
  | 
|   | | 784.045(1)(a)2. | 2nd | Aggravated battery; using deadly weapon. | 
  | 
| 329 | 
  | 
|   | | 784.045(1)(b) | 2nd | Aggravated battery; perpetrator aware victim pregnant. | 
  | 
| 330 | 
  | 
|   | | 784.048(4) | 3rd | Aggravated stalking; violation of injunction or court order. | 
  | 
| 331 | 
  | 
|   | | 784.048(7) | 3rd | Aggravated stalking; violation of court order. | 
  | 
| 332 | 
  | 
|   | | 784.07(2)(d) | 1st | Aggravated battery on law enforcement officer. | 
  | 
| 333 | 
  | 
|   | | 784.074(1)(a) | 1st | Aggravated battery on sexually violent predators facility staff. | 
  | 
| 334 | 
  | 
|   | | 784.08(2)(a) | 1st | Aggravated battery on a person 65 years of age or older. | 
  | 
| 335 | 
  | 
|   | | 784.081(1) | 1st | Aggravated battery on specified official or employee. | 
  | 
| 336 | 
  | 
|   | | 784.082(1) | 1st | Aggravated battery by detained person on visitor or other detainee. | 
  | 
| 337 | 
  | 
|   | | 784.083(1) | 1st | Aggravated battery on code inspector. | 
  | 
| 338 | 
  | 
|   | | 790.07(4) | 1st | Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). | 
  | 
| 339 | 
  | 
|   | | 790.16(1) | 1st | Discharge of a machine gun under specified circumstances. | 
  | 
| 340 | 
  | 
|   | | 790.165(2) | 2nd | Manufacture, sell, possess, or deliver hoax bomb. | 
  | 
| 341 | 
  | 
|   | | 790.165(3) | 2nd | Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. | 
  | 
| 342 | 
  | 
|   | | 790.166(3) | 2nd | Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. | 
  | 
| 343 | 
  | 
|   | | 790.166(4) | 2nd | Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. | 
  | 
| 344 | 
  | 
|   | | 796.03 | 2nd | Procuring any person under 16 years for prostitution. | 
  | 
| 345 | 
  | 
|   | | 800.04(5)(c)1. | 2nd | Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. | 
  | 
| 346 | 
  | 
|   | | 800.04(5)(c)2. | 2nd | Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. | 
  | 
| 347 | 
  | 
|   | | 806.01(2) | 2nd | Maliciously damage structure by fire or explosive. | 
  | 
| 348 | 
  | 
|   | | 810.02(3)(a) | 2nd | Burglary of occupied dwelling; unarmed; no assault or battery. | 
  | 
| 349 | 
  | 
|   | | 810.02(3)(b) | 2nd | Burglary of unoccupied dwelling; unarmed; no assault or battery. | 
  | 
| 350 | 
  | 
|   | | 810.02(3)(d) | 2nd | Burglary of occupied conveyance; unarmed; no assault or battery. | 
  | 
| 351 | 
  | 
|   | | 812.014(2)(a)1. | 1st | Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft. | 
  | 
| 352 | 
  | 
|   | | 812.014(2)(b)2. | 2nd | Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. | 
  | 
| 353 | 
  | 
|   | | 812.014(2)(b)3. | 2nd | Property stolen, emergency medical equipment; 2nd degree grand theft. | 
  | 
| 354 | 
  | 
|   | | 812.0145(2)(a) | 1st | Theft from person 65 years of age or older; $50,000 or more. | 
  | 
| 355 | 
  | 
|   | | 812.019(2) | 1st | Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. | 
  | 
| 356 | 
  | 
|   | | 812.131(2)(a) | 2nd | Robbery by sudden snatching. | 
  | 
| 357 | 
  | 
|   | | 812.133(2)(b) | 1st | Carjacking; no firearm, deadly weapon, or other weapon. | 
  | 
| 358 | 
  | 
|   | | 817.234(8)(a) | 2nd | Solicitation of motor vehicle accident victims with intent to defraud. | 
  | 
| 359 | 
  | 
|   | | 817.234(9) | 2nd | Organizing, planning, or participating in an intentional motor vehicle collision. | 
  | 
| 360 | 
  | 
|   | | 817.234(11)(c) | 1st | Insurance fraud; property value $100,000 or more. | 
  | 
| 361 | 
  | 
|   | | 817.2341(2)(b) & (3)(b) | 1st | Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity. | 
  | 
| 362 | 
  | 
|   | | 825.102(3)(b) | 2nd | Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. | 
  | 
| 363 | 
  | 
|   | | 825.103(2)(b) | 2nd | Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. | 
  | 
| 364 | 
  | 
|   | | 827.03(3)(b) | 2nd | Neglect of a child causing great bodily harm, disability, or disfigurement. | 
  | 
| 365 | 
  | 
|   | | 827.04(3) | 3rd | Impregnation of a child under 16 years of age by person 21 years of age or older. | 
  | 
| 366 | 
  | 
|   | | 837.05(2) | 3rd | Giving false information about alleged capital felony to a law enforcement officer. | 
  | 
| 367 | 
  | 
|   |  | 
| 368 | 
  | 
|   | | 838.016 | 2nd | Unlawful compensation or reward for official behavior. | 
  | 
| 369 | 
  | 
|   | | 838.021(3)(a) | 2nd | Unlawful harm to a public servant. | 
  | 
| 370 | 
  | 
|   |  | 
| 371 | 
  | 
|   | | 847.0135(3) | 3rd | Solicitation of a child, via a computer service, to commit an unlawful sex act. | 
  | 
| 372 | 
  | 
|   | | 847.0135(4) | 2nd | Traveling to meet a minor to commit an unlawful sex act. | 
  | 
| 373 | 
  | 
|   | | 872.06 | 2nd | Abuse of a dead human body. | 
  | 
| 374 | 
  | 
|   | | 893.13(1)(c)1. | 1st | Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center. | 
  | 
| 375 | 
  | 
|   | | 893.13(1)(e)1. | 1st | Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site. | 
  | 
| 376 | 
  | 
|   | | 893.13(4)(a) | 1st | Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs). | 
  | 
| 377 | 
  | 
|   | | 893.135(1)(a)1. | 1st | Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. | 
  | 
| 378 | 
  | 
|   | | 893.135(1)(b)1.a. | 1st | Trafficking in cocaine, more than 28 grams, less than 200 grams. | 
  | 
| 379 | 
  | 
|   | | 893.135(1)(c)1.a. | 1st | Trafficking in illegal drugs, more than 4 grams, less than 14 grams. | 
  | 
| 380 | 
  | 
|   | | 893.135(1)(d)1. | 1st | Trafficking in phencyclidine, more than 28 grams, less than 200 grams. | 
  | 
| 381 | 
  | 
|   | | 893.135(1)(e)1. | 1st | Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. | 
  | 
| 382 | 
  | 
|   | | 893.135(1)(f)1. | 1st | Trafficking in amphetamine, more than 14 grams, less than 28 grams. | 
  | 
| 383 | 
  | 
|   | | 893.135(1)(g)1.a. | 1st | Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. | 
  | 
| 384 | 
  | 
|   | | 893.135(1)(h)1.a. | 1st | Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. | 
  | 
| 385 | 
  | 
|   | | 893.135(1)(j)1.a. | 1st | Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms. | 
  | 
| 386 | 
  | 
|   | | 893.135(1)(k)2.a. | 1st | Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. | 
  | 
| 387 | 
  | 
|   | | 896.101(5)(a) | 3rd | Money laundering, financial transactions exceeding $300 but less than $20,000. | 
  | 
| 388 | 
  | 
|   | | 896.104(4)(a)1. | 3rd | Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. | 
  | 
| 389 | 
  | 
|   | | 943.0435(4)(c) | 2nd | Sexual offender vacating permanent residence; failure to comply with reporting requirements. | 
  | 
| 390 | 
  | 
|   | | 943.0435(8) | 2nd | Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. | 
  | 
| 391 | 
  | 
|   | | 943.0435(9)(a) | 3rd | Sexual offender; failure to comply with reporting requirements. | 
  | 
| 392 | 
  | 
|   | | 943.0435(13) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. | 
  | 
| 393 | 
  | 
|   | | 943.0435(14) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. | 
  | 
| 394 | 
  | 
|   | | 944.607(9) | 3rd | Sexual offender; failure to comply with reporting requirements. | 
  | 
| 395 | 
  | 
|   | | 944.607(10)(a) | 3rd | Sexual offender; failure to submit to the taking of a digitized photograph. | 
  | 
| 396 | 
  | 
|   | | 944.607(12) | 3rd | Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. | 
  | 
| 397 | 
  | 
|   | | 944.607(13) | 3rd | Sexual offender; failure to report and reregister; failure to respond to address verification. | 
  | 
| 398 | 
  | 
| 399 |      Section 9.  Paragraphs (j) and (k) are added to subsection  | 
| 400 | (2) of section 775.21, Florida Statutes, and paragraphs (a),  | 
| 401 | (e), and (g) of subsection (6), subsection (8), and paragraph  | 
| 402 | (a) of subsection (10) of that section are amended, to read: | 
| 403 |      775.21  The Florida Sexual Predators Act.-- | 
| 404 |      (2)  DEFINITIONS.--As used in this section, the term: | 
| 405 |      (j)  "Electronic mail address" has the same meaning as  | 
| 406 | provided in s. 668.602. | 
| 407 |      (k)  "Instant message name" means an identifier that allows  | 
| 408 | a person to communicate in real time with another person using  | 
| 409 | the Internet. | 
| 410 |      (6)  REGISTRATION.-- | 
| 411 |      (a)  A sexual predator must register with the department by  | 
| 412 | providing the following information to the department: | 
| 413 |      1.  Name, social security number, age, race, sex, date of  | 
| 414 | birth, height, weight, hair and eye color, photograph, address  | 
| 415 | of legal residence and address of any current temporary  | 
| 416 | residence, within the state or out of state, including a rural  | 
| 417 | route address and a post office box, any electronic mail address  | 
| 418 | and any instant message name required to be provided pursuant to  | 
| 419 | subparagraph (g)4., date and place of any employment, date and  | 
| 420 | place of each conviction, fingerprints, and a brief description  | 
| 421 | of the crime or crimes committed by the offender. A post office  | 
| 422 | box shall not be provided in lieu of a physical residential  | 
| 423 | address. | 
| 424 |      a.  If the sexual predator's place of residence is a motor  | 
| 425 | vehicle, trailer, mobile home, or manufactured home, as defined  | 
| 426 | in chapter 320, the sexual predator shall also provide to the  | 
| 427 | department written notice of the vehicle identification number;  | 
| 428 | the license tag number; the registration number; and a  | 
| 429 | description, including color scheme, of the motor vehicle,  | 
| 430 | trailer, mobile home, or manufactured home. If a sexual  | 
| 431 | predator's place of residence is a vessel, live-aboard vessel,  | 
| 432 | or houseboat, as defined in chapter 327, the sexual predator  | 
| 433 | shall also provide to the department written notice of the hull  | 
| 434 | identification number; the manufacturer's serial number; the  | 
| 435 | name of the vessel, live-aboard vessel, or houseboat; the  | 
| 436 | registration number; and a description, including color scheme,  | 
| 437 | of the vessel, live-aboard vessel, or houseboat. | 
| 438 |      b.  If the sexual predator is enrolled, employed, or  | 
| 439 | carrying on a vocation at an institution of higher education in  | 
| 440 | this state, the sexual predator shall also provide to the  | 
| 441 | department the name, address, and county of each institution,  | 
| 442 | including each campus attended, and the sexual predator's  | 
| 443 | enrollment or employment status. Each change in enrollment or  | 
| 444 | employment status shall be reported in person at the sheriff's  | 
| 445 | office, or the Department of Corrections if the sexual predator  | 
| 446 | is in the custody or control of or under the supervision of the  | 
| 447 | Department of Corrections, within 48 hours after any change in  | 
| 448 | status. The sheriff or the Department of Corrections shall  | 
| 449 | promptly notify each institution of the sexual predator's  | 
| 450 | presence and any change in the sexual predator's enrollment or  | 
| 451 | employment status. | 
| 452 |      2.  Any other information determined necessary by the  | 
| 453 | department, including criminal and corrections records;  | 
| 454 | nonprivileged personnel and treatment records; and evidentiary  | 
| 455 | genetic markers when available. | 
| 456 |      (e)  If the sexual predator is not in the custody or  | 
| 457 | control of, or under the supervision of, the Department of  | 
| 458 | Corrections, or is not in the custody of a private correctional  | 
| 459 | facility, and establishes or maintains a residence in the state,  | 
| 460 | the sexual predator shall register in person at the sheriff's  | 
| 461 | office in the county in which the predator establishes or  | 
| 462 | maintains a residence, within 48 hours after establishing  | 
| 463 | permanent or temporary residence in this state. Any change in  | 
| 464 | the sexual predator's permanent or temporary residence, or name,  | 
| 465 | or any electronic mail address and any instant message name  | 
| 466 | required to be provided pursuant to subparagraph (g)4., after  | 
| 467 | the sexual predator registers in person at the sheriff's office,  | 
| 468 | shall be accomplished in the manner provided in paragraphs (g),  | 
| 469 | (i), and (j). When a sexual predator registers with the  | 
| 470 | sheriff's office, the sheriff shall take a photograph and a set  | 
| 471 | of fingerprints of the predator and forward the photographs and  | 
| 472 | fingerprints to the department, along with the information that  | 
| 473 | the predator is required to provide pursuant to this section. | 
| 474 |      (g)1.  Each time a sexual predator's driver's license or  | 
| 475 | identification card is subject to renewal, and, without regard  | 
| 476 | to the status of the predator's driver's license or  | 
| 477 | identification card, within 48 hours after any change of the  | 
| 478 | predator's residence or change in the predator's name by reason  | 
| 479 | of marriage or other legal process, the predator shall report in  | 
| 480 | person to a driver's license office and shall be subject to the  | 
| 481 | requirements specified in paragraph (f). The Department of  | 
| 482 | Highway Safety and Motor Vehicles shall forward to the  | 
| 483 | department and to the Department of Corrections all photographs  | 
| 484 | and information provided by sexual predators. Notwithstanding  | 
| 485 | the restrictions set forth in s. 322.142, the Department of  | 
| 486 | Highway Safety and Motor Vehicles is authorized to release a  | 
| 487 | reproduction of a color-photograph or digital-image license to  | 
| 488 | the Department of Law Enforcement for purposes of public  | 
| 489 | notification of sexual predators as provided in this section. | 
| 490 |      2.  A sexual predator who vacates a permanent residence and  | 
| 491 | fails to establish or maintain another permanent or temporary  | 
| 492 | residence shall, within 48 hours after vacating the permanent  | 
| 493 | residence, report in person to the sheriff's office of the  | 
| 494 | county in which he or she is located. The sexual predator shall  | 
| 495 | specify the date upon which he or she intends to or did vacate  | 
| 496 | such residence. The sexual predator must provide or update all  | 
| 497 | of the registration information required under paragraph (a).  | 
| 498 | The sexual predator must provide an address for the residence or  | 
| 499 | other location that he or she is or will be occupying during the  | 
| 500 | time in which he or she fails to establish or maintain a  | 
| 501 | permanent or temporary residence. | 
| 502 |      3.  A sexual predator who remains at a permanent residence  | 
| 503 | after reporting his or her intent to vacate such residence  | 
| 504 | shall, within 48 hours after the date upon which the predator  | 
| 505 | indicated he or she would or did vacate such residence, report  | 
| 506 | in person to the sheriff's office to which he or she reported  | 
| 507 | pursuant to subparagraph 2. for the purpose of reporting his or  | 
| 508 | her address at such residence. When the sheriff receives the  | 
| 509 | report, the sheriff shall promptly convey the information to the  | 
| 510 | department. An offender who makes a report as required under  | 
| 511 | subparagraph 2. but fails to make a report as required under  | 
| 512 | this subparagraph commits a felony of the second degree,  | 
| 513 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 514 |      4.  A sexual predator must register any electronic mail  | 
| 515 | address or instant message name with the department prior to  | 
| 516 | using such electronic mail address or instant message name on or  | 
| 517 | after October 1, 2007. The department shall establish an online  | 
| 518 | system through which sexual predators may securely access and  | 
| 519 | update all electronic mail address and instant message name  | 
| 520 | information. | 
| 521 |      (8)  VERIFICATION.--The department and the Department of  | 
| 522 | Corrections shall implement a system for verifying the addresses  | 
| 523 | of sexual predators. The system must be consistent with the  | 
| 524 | provisions of the federal Jacob Wetterling Act, as amended, and  | 
| 525 | any other federal standards applicable to such verification or  | 
| 526 | required to be met as a condition for the receipt of federal  | 
| 527 | funds by the state. The Department of Corrections shall verify  | 
| 528 | the addresses of sexual predators who are not incarcerated but  | 
| 529 | who reside in the community under the supervision of the  | 
| 530 | Department of Corrections. County and local law enforcement  | 
| 531 | agencies, in conjunction with the department, shall verify the  | 
| 532 | addresses of sexual predators who are not under the care,  | 
| 533 | custody, control, or supervision of the Department of  | 
| 534 | Corrections. | 
| 535 |      (a)  A sexual predator must report in person each year  | 
| 536 | during the month of the sexual predator's birthday and during  | 
| 537 | the sixth month following the sexual predator's birth month to  | 
| 538 | the sheriff's office in the county in which he or she resides or  | 
| 539 | is otherwise located to reregister. The sheriff's office may  | 
| 540 | determine the appropriate times and days for reporting by the  | 
| 541 | sexual predator, which shall be consistent with the reporting  | 
| 542 | requirements of this paragraph. Reregistration shall include any  | 
| 543 | changes to the following information: | 
| 544 |      1.  Name; social security number; age; race; sex; date of  | 
| 545 | birth; height; weight; hair and eye color; address of any  | 
| 546 | permanent residence and address of any current temporary  | 
| 547 | residence, within the state or out of state, including a rural  | 
| 548 | route address and a post office box; any electronic mail address  | 
| 549 | and any instant message name required to be provided pursuant to  | 
| 550 | subparagraph (6)(g)4.; date and place of any employment; vehicle  | 
| 551 | make, model, color, and license tag number; fingerprints; and  | 
| 552 | photograph. A post office box shall not be provided in lieu of a  | 
| 553 | physical residential address. | 
| 554 |      2.  If the sexual predator is enrolled, employed, or  | 
| 555 | carrying on a vocation at an institution of higher education in  | 
| 556 | this state, the sexual predator shall also provide to the  | 
| 557 | department the name, address, and county of each institution,  | 
| 558 | including each campus attended, and the sexual predator's  | 
| 559 | enrollment or employment status. | 
| 560 |      3.  If the sexual predator's place of residence is a motor  | 
| 561 | vehicle, trailer, mobile home, or manufactured home, as defined  | 
| 562 | in chapter 320, the sexual predator shall also provide the  | 
| 563 | vehicle identification number; the license tag number; the  | 
| 564 | registration number; and a description, including color scheme,  | 
| 565 | of the motor vehicle, trailer, mobile home, or manufactured  | 
| 566 | home. If the sexual predator's place of residence is a vessel,  | 
| 567 | live-aboard vessel, or houseboat, as defined in chapter 327, the  | 
| 568 | sexual predator shall also provide the hull identification  | 
| 569 | number; the manufacturer's serial number; the name of the  | 
| 570 | vessel, live-aboard vessel, or houseboat; the registration  | 
| 571 | number; and a description, including color scheme, of the  | 
| 572 | vessel, live-aboard vessel, or houseboat. | 
| 573 |      (b)  The sheriff's office shall, within 2 working days,  | 
| 574 | electronically submit and update all information provided by the  | 
| 575 | sexual predator to the department in a manner prescribed by the  | 
| 576 | department. This procedure shall be implemented by December 1,  | 
| 577 | 2005. | 
| 578 |      (10)  PENALTIES.-- | 
| 579 |      (a)  Except as otherwise specifically provided, a sexual  | 
| 580 | predator who fails to register; who fails, after registration,  | 
| 581 | to maintain, acquire, or renew a driver's license or  | 
| 582 | identification card; who fails to provide required location  | 
| 583 | information, electronic mail address information, instant  | 
| 584 | message name information, or change-of-name information; who  | 
| 585 | fails to make a required report in connection with vacating a  | 
| 586 | permanent residence; who fails to reregister as required; who  | 
| 587 | fails to respond to any address verification correspondence from  | 
| 588 | the department within 3 weeks of the date of the correspondence;  | 
| 589 | or who otherwise fails, by act or omission, to comply with the  | 
| 590 | requirements of this section, commits a felony of the third  | 
| 591 | degree, punishable as provided in s. 775.082, s. 775.083, or s.  | 
| 592 | 775.084. | 
| 593 |      Section 10.  Paragraphs (f) and (g) are added to subsection  | 
| 594 | (1) and paragraph (d) is added to subsection (4) of section  | 
| 595 | 943.0435, Florida Statutes, and subsections (2) and (14) of that  | 
| 596 | section are amended, to read: | 
| 597 |      943.0435  Sexual offenders required to register with the  | 
| 598 | department; penalty.-- | 
| 599 |      (1)  As used in this section, the term: | 
| 600 |      (f)  "Electronic mail address" has the same meaning as  | 
| 601 | provided in s. 668.602. | 
| 602 |      (g)  "Instant message name" means an identifier that allows  | 
| 603 | a person to communicate in real time with another person using  | 
| 604 | the Internet. | 
| 605 |      (2)  A sexual offender shall: | 
| 606 |      (a)  Report in person at the sheriff's office in the county  | 
| 607 | in which the offender establishes or maintains a permanent or  | 
| 608 | temporary residence, within 48 hours after establishing  | 
| 609 | permanent or temporary residence in this state or within 48  | 
| 610 | hours after being released from the custody, control, or  | 
| 611 | supervision of the Department of Corrections or from the custody  | 
| 612 | of a private correctional facility. Any change in the sexual  | 
| 613 | offender's permanent or temporary residence, or name, any  | 
| 614 | electronic mail address and any instant message name required to  | 
| 615 | be provided pursuant to paragraph (4)(d), after the sexual  | 
| 616 | offender reports in person at the sheriff's office, shall be  | 
| 617 | accomplished in the manner provided in subsections (4), (7), and  | 
| 618 | (8). | 
| 619 |      (b)  Provide his or her name, date of birth, social  | 
| 620 | security number, race, sex, height, weight, hair and eye color,  | 
| 621 | tattoos or other identifying marks, occupation and place of  | 
| 622 | employment, address of permanent or legal residence or address  | 
| 623 | of any current temporary residence, within the state and out of  | 
| 624 | state, including a rural route address and a post office box,  | 
| 625 | any electronic mail address and any instant message name  | 
| 626 | required to be provided pursuant to paragraph (4)(d), date and  | 
| 627 | place of each conviction, and a brief description of the crime  | 
| 628 | or crimes committed by the offender. A post office box shall not  | 
| 629 | be provided in lieu of a physical residential address. | 
| 630 |      1.  If the sexual offender's place of residence is a motor  | 
| 631 | vehicle, trailer, mobile home, or manufactured home, as defined  | 
| 632 | in chapter 320, the sexual offender shall also provide to the  | 
| 633 | department written notice of the vehicle identification number;  | 
| 634 | the license tag number; the registration number; and a  | 
| 635 | description, including color scheme, of the motor vehicle,  | 
| 636 | trailer, mobile home, or manufactured home. If the sexual  | 
| 637 | offender's place of residence is a vessel, live-aboard vessel,  | 
| 638 | or houseboat, as defined in chapter 327, the sexual offender  | 
| 639 | shall also provide to the department written notice of the hull  | 
| 640 | identification number; the manufacturer's serial number; the  | 
| 641 | name of the vessel, live-aboard vessel, or houseboat; the  | 
| 642 | registration number; and a description, including color scheme,  | 
| 643 | of the vessel, live-aboard vessel, or houseboat. | 
| 644 |      2.  If the sexual offender is enrolled, employed, or  | 
| 645 | carrying on a vocation at an institution of higher education in  | 
| 646 | this state, the sexual offender shall also provide to the  | 
| 647 | department the name, address, and county of each institution,  | 
| 648 | including each campus attended, and the sexual offender's  | 
| 649 | enrollment or employment status. Each change in enrollment or  | 
| 650 | employment status shall be reported in person at the sheriff's  | 
| 651 | office, within 48 hours after any change in status. The sheriff  | 
| 652 | shall promptly notify each institution of the sexual offender's  | 
| 653 | presence and any change in the sexual offender's enrollment or  | 
| 654 | employment status. | 
| 655 | 
  | 
| 656 | When a sexual offender reports at the sheriff's office, the  | 
| 657 | sheriff shall take a photograph and a set of fingerprints of the  | 
| 658 | offender and forward the photographs and fingerprints to the  | 
| 659 | department, along with the information provided by the sexual  | 
| 660 | offender. The sheriff shall promptly provide to the department  | 
| 661 | the information received from the sexual offender. | 
| 662 |      (4) | 
| 663 |      (d)  A sexual offender must register any electronic mail  | 
| 664 | address or instant message name with the department prior to  | 
| 665 | using such electronic mail address or instant message name on or  | 
| 666 | after October 1, 2007. The department shall establish an online  | 
| 667 | system through which sexual offenders may securely access and  | 
| 668 | update all electronic mail address and instant message name  | 
| 669 | information. | 
| 670 |      (14)(a)  A sexual offender must report in person each year  | 
| 671 | during the month of the sexual offender's birthday and during  | 
| 672 | the sixth month following the sexual offender's birth month to  | 
| 673 | the sheriff's office in the county in which he or she resides or  | 
| 674 | is otherwise located to reregister. The sheriff's office may  | 
| 675 | determine the appropriate times and days for reporting by the  | 
| 676 | sexual offender, which shall be consistent with the reporting  | 
| 677 | requirements of this paragraph. Reregistration shall include any  | 
| 678 | changes to the following information: | 
| 679 |      1.  Name; social security number; age; race; sex; date of  | 
| 680 | birth; height; weight; hair and eye color; address of any  | 
| 681 | permanent residence and address of any current temporary  | 
| 682 | residence, within the state or out of state, including a rural  | 
| 683 | route address and a post office box; any electronic mail address  | 
| 684 | and any instant message name required to be provided pursuant to  | 
| 685 | paragraph (4)(d); date and place of any employment; vehicle  | 
| 686 | make, model, color, and license tag number; fingerprints; and  | 
| 687 | photograph. A post office box shall not be provided in lieu of a  | 
| 688 | physical residential address. | 
| 689 |      2.  If the sexual offender is enrolled, employed, or  | 
| 690 | carrying on a vocation at an institution of higher education in  | 
| 691 | this state, the sexual offender shall also provide to the  | 
| 692 | department the name, address, and county of each institution,  | 
| 693 | including each campus attended, and the sexual offender's  | 
| 694 | enrollment or employment status. | 
| 695 |      3.  If the sexual offender's place of residence is a motor  | 
| 696 | vehicle, trailer, mobile home, or manufactured home, as defined  | 
| 697 | in chapter 320, the sexual offender shall also provide the  | 
| 698 | vehicle identification number; the license tag number; the  | 
| 699 | registration number; and a description, including color scheme,  | 
| 700 | of the motor vehicle, trailer, mobile home, or manufactured  | 
| 701 | home. If the sexual offender's place of residence is a vessel,  | 
| 702 | live-aboard vessel, or houseboat, as defined in chapter 327, the  | 
| 703 | sexual offender shall also provide the hull identification  | 
| 704 | number; the manufacturer's serial number; the name of the  | 
| 705 | vessel, live-aboard vessel, or houseboat; the registration  | 
| 706 | number; and a description, including color scheme, of the  | 
| 707 | vessel, live-aboard vessel or houseboat. | 
| 708 |      4.  Any sexual offender who fails to report in person as  | 
| 709 | required at the sheriff's office, or who fails to respond to any  | 
| 710 | address verification correspondence from the department within 3  | 
| 711 | weeks of the date of the correspondence or who fails to report  | 
| 712 | electronic mail addresses or instant message names, commits a  | 
| 713 | felony of the third degree, punishable as provided in s.  | 
| 714 | 775.082, s. 775.083, or s. 775.084. | 
| 715 |      (b)  The sheriff's office shall, within 2 working days,  | 
| 716 | electronically submit and update all information provided by the  | 
| 717 | sexual offender to the department in a manner prescribed by the  | 
| 718 | department. This procedure shall be implemented by December 1,  | 
| 719 | 2005. | 
| 720 |      Section 11.  Paragraphs (c) and (d) are added to subsection  | 
| 721 | (1) of section 944.606, Florida Statutes, and paragraph (a) of  | 
| 722 | subsection (3) of that section is amended, to read: | 
| 723 |      944.606  Sexual offenders; notification upon release.-- | 
| 724 |      (1)  As used in this section: | 
| 725 |      (c)  "Electronic mail address" has the same meaning as  | 
| 726 | provided in s. 668.602. | 
| 727 |      (d)  "Instant message name" means an identifier that allows  | 
| 728 | a person to communicate in real time with another person using  | 
| 729 | the Internet. | 
| 730 |      (3)(a)  The department must provide information regarding  | 
| 731 | any sexual offender who is being released after serving a period  | 
| 732 | of incarceration for any offense, as follows: | 
| 733 |      1.  The department must provide: the sexual offender's  | 
| 734 | name, any change in the offender's name by reason of marriage or  | 
| 735 | other legal process, and any alias, if known; the correctional  | 
| 736 | facility from which the sexual offender is released; the sexual  | 
| 737 | offender's social security number, race, sex, date of birth,  | 
| 738 | height, weight, and hair and eye color; date and county of  | 
| 739 | sentence and each crime for which the offender was sentenced; a  | 
| 740 | copy of the offender's fingerprints and a digitized photograph  | 
| 741 | taken within 60 days before release; the date of release of the  | 
| 742 | sexual offender; any electronic mail address and any instant  | 
| 743 | message name required to be provided pursuant to s.  | 
| 744 | 943.0435(4)(d); and the offender's intended residence address,  | 
| 745 | if known. The department shall notify the Department of Law  | 
| 746 | Enforcement if the sexual offender escapes, absconds, or dies.  | 
| 747 | If the sexual offender is in the custody of a private  | 
| 748 | correctional facility, the facility shall take the digitized  | 
| 749 | photograph of the sexual offender within 60 days before the  | 
| 750 | sexual offender's release and provide this photograph to the  | 
| 751 | Department of Corrections and also place it in the sexual  | 
| 752 | offender's file. If the sexual offender is in the custody of a  | 
| 753 | local jail, the custodian of the local jail shall notify the  | 
| 754 | Department of Law Enforcement of the sexual offender's release  | 
| 755 | and provide to the Department of Law Enforcement the information  | 
| 756 | specified in this paragraph and any information specified in  | 
| 757 | subparagraph 2. that the Department of Law Enforcement requests. | 
| 758 |      2.  The department may provide any other information deemed  | 
| 759 | necessary, including criminal and corrections records,  | 
| 760 | nonprivileged personnel and treatment records, when available. | 
| 761 |      Section 12.  Paragraphs (e) and (f) are added to subsection  | 
| 762 | (1) of section 944.607, Florida Statutes, and paragraph (a) of  | 
| 763 | subsection (4) and subsection (13) of that section are amended,  | 
| 764 | to read: | 
| 765 |      944.607  Notification to Department of Law Enforcement of  | 
| 766 | information on sexual offenders.-- | 
| 767 |      (1)  As used in this section, the term: | 
| 768 |      (e)  "Electronic mail address" has the same meaning as  | 
| 769 | provided in s. 668.602. | 
| 770 |      (f)  "Instant message name" means an identifier that allows  | 
| 771 | a person to communicate in real time with another person using  | 
| 772 | the Internet. | 
| 773 |      (4)  A sexual offender, as described in this section, who  | 
| 774 | is under the supervision of the Department of Corrections but is  | 
| 775 | not incarcerated must register with the Department of  | 
| 776 | Corrections and provide information as required by this  | 
| 777 | subsection. | 
| 778 |      (a)  The sexual offender shall provide his or her name;  | 
| 779 | date of birth; social security number; race; sex; height;  | 
| 780 | weight; hair and eye color; tattoos or other identifying marks;  | 
| 781 | any electronic mail address and any instant message name  | 
| 782 | required to be provided pursuant to s. 943.0435(4)(d); and  | 
| 783 | permanent or legal residence and address of temporary residence  | 
| 784 | within the state or out of state while the sexual offender is  | 
| 785 | under supervision in this state, including any rural route  | 
| 786 | address or post office box. The Department of Corrections shall  | 
| 787 | verify the address of each sexual offender in the manner  | 
| 788 | described in ss. 775.21 and 943.0435. | 
| 789 |      (13)(a)  A sexual offender must report in person each year  | 
| 790 | during the month of the sexual offender's birthday and during  | 
| 791 | the sixth month following the sexual offender's birth month to  | 
| 792 | the sheriff's office in the county in which he or she resides or  | 
| 793 | is otherwise located to reregister. The sheriff's office may  | 
| 794 | determine the appropriate times and days for reporting by the  | 
| 795 | sexual offender, which shall be consistent with the reporting  | 
| 796 | requirements of this paragraph. Reregistration shall include any  | 
| 797 | changes to the following information: | 
| 798 |      1.  Name; social security number; age; race; sex; date of  | 
| 799 | birth; height; weight; hair and eye color; address of any  | 
| 800 | permanent residence and address of any current temporary  | 
| 801 | residence, within the state or out of state, including a rural  | 
| 802 | route address and a post office box; any electronic mail address  | 
| 803 | and any instant message name required to be provided pursuant to  | 
| 804 | s. 943.0435(4)(d), date and place of any employment; vehicle  | 
| 805 | make, model, color, and license tag number; fingerprints; and  | 
| 806 | photograph. A post office box shall not be provided in lieu of a  | 
| 807 | physical residential address. | 
| 808 |      2.  If the sexual offender is enrolled, employed, or  | 
| 809 | carrying on a vocation at an institution of higher education in  | 
| 810 | this state, the sexual offender shall also provide to the  | 
| 811 | department the name, address, and county of each institution,  | 
| 812 | including each campus attended, and the sexual offender's  | 
| 813 | enrollment or employment status. | 
| 814 |      3.  If the sexual offender's place of residence is a motor  | 
| 815 | vehicle, trailer, mobile home, or manufactured home, as defined  | 
| 816 | in chapter 320, the sexual offender shall also provide the  | 
| 817 | vehicle identification number; the license tag number; the  | 
| 818 | registration number; and a description, including color scheme,  | 
| 819 | of the motor vehicle, trailer, mobile home, or manufactured  | 
| 820 | home. If the sexual offender's place of residence is a vessel,  | 
| 821 | live-aboard vessel, or houseboat, as defined in chapter 327, the  | 
| 822 | sexual offender shall also provide the hull identification  | 
| 823 | number; the manufacturer's serial number; the name of the  | 
| 824 | vessel, live-aboard vessel, or houseboat; the registration  | 
| 825 | number; and a description, including color scheme, of the  | 
| 826 | vessel, live-aboard vessel, or houseboat. | 
| 827 |      4.  Any sexual offender who fails to report in person as  | 
| 828 | required at the sheriff's office, or who fails to respond to any  | 
| 829 | address verification correspondence from the department within 3  | 
| 830 | weeks of the date of the correspondence or who fails to report  | 
| 831 | electronic mail addresses or instant message names, commits a  | 
| 832 | felony of the third degree, punishable as provided in s.  | 
| 833 | 775.082, s. 775.083, and s. 775.084. | 
| 834 |      (b)  The sheriff's office shall, within 2 working days,  | 
| 835 | electronically submit and update all information provided by the  | 
| 836 | sexual offender to the Florida Department of Law Enforcement in  | 
| 837 | a manner prescribed by that the Florida department of Law  | 
| 838 | Enforcement. This procedure shall be implemented by December 1,  | 
| 839 | 2005. | 
| 840 |      Section 13.  In the express interest of the protection of  | 
| 841 | citizens, particularly children, who use the Internet, it is the  | 
| 842 | intent of the Legislature that the collection and distribution  | 
| 843 | of the electronic mail address and instant message name  | 
| 844 | information of sexual predators and sexual offenders be  | 
| 845 | maintained and distributed in a manner to maximize public safety  | 
| 846 | benefits while minimizing and avoiding to the greatest extent  | 
| 847 | possible any use of this information for any illegal purposes  | 
| 848 | including harassment and networking among individuals for  | 
| 849 | illegal purposes. Additionally, care should be taken in the  | 
| 850 | distribution of this information to avoid circumstances which  | 
| 851 | allow ready access to such information by minors. | 
| 852 |      Section 14.  Section 943.0437, Florida Statutes, is created  | 
| 853 | to read: | 
| 854 |      943.0437  Commercial social networking websites.-- | 
| 855 |      (1)  For the purpose of this section, the term "commercial  | 
| 856 | social networking website" means a commercially operated  | 
| 857 | Internet website that allows users to create web pages or  | 
| 858 | profiles that provide information about themselves and are  | 
| 859 | available publicly or to other users and that offers a mechanism  | 
| 860 | for communication with other users, such as a forum, chat room,  | 
| 861 | electronic mail, or instant messenger. | 
| 862 |      (2)  The department may provide information relating to  | 
| 863 | electronic mail addresses and instant message names maintained  | 
| 864 | as part of the sexual offender registry to commercial social  | 
| 865 | networking websites or third parties designated by commercial  | 
| 866 | social networking websites. The commercial social networking  | 
| 867 | website may use this information for the purpose of comparing  | 
| 868 | registered users and screening potential users of the commercial  | 
| 869 | social networking website against the list of electronic mail  | 
| 870 | addresses and instant message names provided by the department. | 
| 871 |      (3)  This section shall not be construed to impose any  | 
| 872 | civil liability on a commercial social networking website for: | 
| 873 |      (a)  Any action voluntarily taken in good faith to remove  | 
| 874 | or disable any profile of a registered user associated with an  | 
| 875 | electronic mail address or instant message name contained in the  | 
| 876 | sexual offender registry. | 
| 877 |      (b)  Any action taken to restrict access by such registered  | 
| 878 | user to the commercial social networking website. | 
| 879 |      Section 15.  This act shall take effect October 1, 2007. | 
| 880 | 
  | 
| 881 | 
  | 
| 882 | ======= T I T L E  A M E N D M E N T ========== | 
| 883 |      Remove the entire title and insert: | 
| 884 | A bill to be entitled | 
| 885 | An act relating to criminal justice; providing a short  | 
| 886 | title; amending s. 16.56, F.S.; providing for jurisdiction  | 
| 887 | of the Office of the Statewide Prosecutor over certain  | 
| 888 | obscenity offenses; providing for jurisdiction over  | 
| 889 | offenses facilitated by or connected to the use of the  | 
| 890 | Internet; creating s. 775.0847, F.S.; providing  | 
| 891 | definitions; providing for reclassification of certain  | 
| 892 | offenses involving child pornography; amending s. 827.071,  | 
| 893 | F.S.; providing for the effect of certain prosecutions;  | 
| 894 | amending s. 847.0135, F.S.; making editorial changes;  | 
| 895 | revising prohibitions on use of certain computer services  | 
| 896 | to facilitate certain sexual conduct to include electronic  | 
| 897 | storage devices, additional persons, and additional  | 
| 898 | conduct; providing for charging each conversation in which  | 
| 899 | specified conduct occurs as a separate offense;  | 
| 900 | prohibiting traveling to meet minors for certain purposes;  | 
| 901 | providing criminal penalties; revising a provision  | 
| 902 | relating to state criminal jurisdiction; providing for  | 
| 903 | effect of certain prosecutions; amending s. 905.34, F.S.;  | 
| 904 | providing additional subject matter jurisdiction for the  | 
| 905 | statewide grand jury; amending s. 910.15, F.S.; revising  | 
| 906 | provisions relating to offenses facilitated by  | 
| 907 | communication systems; amending s. 921.0022, F.S.;  | 
| 908 | conforming the Criminal Punishment Code offense severity  | 
| 909 | ranking chart; amending s. 775.21, F.S.; providing  | 
| 910 | definitions; requiring sexual predators to include certain  | 
| 911 | information during the registration process; requiring  | 
| 912 | sexual predators to report changes in certain information;  | 
| 913 | requiring sexual predators to include certain information  | 
| 914 | during the reregistration process; providing penalties for  | 
| 915 | failing to provide certain information; amending s.  | 
| 916 | 943.0435, F.S.; providing definitions; requiring sexual  | 
| 917 | offenders to include certain information during the  | 
| 918 | registration process; requiring sexual offenders to report  | 
| 919 | changes in certain information; requiring sexual offenders  | 
| 920 | to include certain information during the reregistration  | 
| 921 | process; amending s. 944.606, F.S.; providing definitions;  | 
| 922 | requiring the Department of Corrections to provide certain  | 
| 923 | information regarding sexual offenders who are being  | 
| 924 | released after serving a period of incarceration to  | 
| 925 | certain entities; amending s. 944.607, F.S.; providing  | 
| 926 | definitions; requiring sexual offenders under the  | 
| 927 | supervision of the Department of Corrections to include  | 
| 928 | certain information during the registration process;  | 
| 929 | requiring sexual offenders to include certain information  | 
| 930 | during the reregistration process; providing legislative  | 
| 931 | intent; creating s. 943.0437, F.S.; providing definitions;  | 
| 932 | providing penalties for sexual offenders who fail to  | 
| 933 | report certain information; permitting the Department of  | 
| 934 | Law Enforcement to provide electronic mail address and  | 
| 935 | instant message information in the sexual offender  | 
| 936 | registry to commercial social networking websites and  | 
| 937 | certain others; providing that certain statutory  | 
| 938 | provisions do not impose civil liability on commercial  | 
| 939 | social networking websites for specified actions;  | 
| 940 | providing an effective date. |