Amendment
Bill No. 1004
Amendment No. 046297
CHAMBER ACTION
Senate House
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1Representative 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
6Against Children Act of 2007."
7     Section 2.  Subsection (1) of section 16.56, Florida
8Statutes, is amended to read:
9     16.56  Office of Statewide Prosecution.--
10     (1)  There is created in the Department of Legal Affairs an
11Office of Statewide Prosecution. The office shall be a separate
12"budget entity" as that term is defined in chapter 216. The
13office may:
14     (a)  Investigate and prosecute the offenses of:
15     1.  Bribery, burglary, criminal usury, extortion, gambling,
16kidnapping, larceny, murder, prostitution, perjury, robbery,
17carjacking, 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
21any offense listed in the definition of racketeering activity in
22s. 895.02(1)(a), providing such listed offense is investigated
23in connection with a violation of s. 895.03 and is charged in a
24separate count of an information or indictment containing a
25count charging a violation of s. 895.03, the prosecution of
26which listed offense may continue independently if the
27prosecution of the violation of s. 895.03 is terminated for any
28reason;
29     4.  Any violation of the provisions of the Florida Anti-
30Fencing Act;
31     5.  Any violation of the provisions of the Florida
32Antitrust Act of 1980, as amended;
33     6.  Any crime involving, or resulting in, fraud or deceit
34upon any person;
35     7.  Any violation of s. 847.0135, relating to computer
36pornography and child exploitation prevention, or any offense
37related to a violation of s. 847.0135 or any violation of
38chapter 827 where the crime is facilitated by or connected to
39the use of the Internet or any device capable of electronic data
40storage 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
44Fuel Tax Relief Act of 2004;
45     11.  Any criminal violation of s. 409.920 or s. 409.9201;
46or
47     12.  Any crime involving voter registration, voting, or
48candidate or issue petition activities;
49
50or any attempt, solicitation, or conspiracy to commit any of the
51crimes specifically enumerated above. The office shall have such
52power only when any such offense is occurring, or has occurred,
53in two or more judicial circuits as part of a related
54transaction, or when any such offense is connected with an
55organized criminal conspiracy affecting two or more judicial
56circuits.
57     (b)  Investigate and prosecute any crime facilitated by or
58connected to the use of the Internet. Any such crime is a crime
59occurring in every judicial circuit within the state.
60     (c)(b)  Upon request, cooperate with and assist state
61attorneys and state and local law enforcement officials in their
62efforts against organized crimes.
63     (d)(c)  Request and receive from any department, division,
64board, bureau, commission, or other agency of the state, or of
65any political subdivision thereof, cooperation and assistance in
66the performance of its duties.
67     Section 3.  Section 775.0847, Florida Statutes, is created
68to read:
69     775.0847  Possession or promotion of certain images of
70child pornography; reclassification.--
71     (1)  For purposes of this section:
72     (a)  "Child" means any person, whose identity is known or
73unknown, less than 18 years of age.
74     (b)  "Child pornography" means any image depicting a minor
75engaged in sexual conduct.
76     (c)  "Sadomasochistic abuse" means flagellation or torture
77by or upon a person or the condition of being fettered, bound,
78or otherwise physically restrained, for the purpose of deriving
79sexual satisfaction, or satisfaction brought about as a result
80of sadistic violence, from inflicting harm on another or
81receiving such harm oneself.
82     (d)  "Sexual battery" means oral, anal, or vaginal
83penetration by, or union with, the sexual organ of another or
84the anal or vaginal penetration of another by any other object;
85however, sexual battery does not include an act done for a bona
86fide medical purpose.
87     (e)  "Sexual bestiality" means any sexual act, actual or
88simulated, between a person and an animal involving the sex
89organ of the one and the mouth, anus, or vagina of the other.
90     (f)  "Sexual conduct" means actual or simulated sexual
91intercourse, deviate sexual intercourse, sexual bestiality,
92masturbation, or sadomasochistic abuse; actual lewd exhibition
93of the genitals; actual physical contact with a person's clothed
94or unclothed genitals, pubic area, buttocks, or, if such person
95is a female, breast with the intent to arouse or gratify the
96sexual desire of either party; or any act or conduct which
97constitutes sexual battery or simulates that sexual battery is
98being or will be committed. A mother's breastfeeding of her baby
99does not under any circumstance constitute "sexual conduct."
100     (2)  A violation of s. 827.071, s. 847.0135, s. 847.0137,
101or s. 847.0138 shall be reclassified to the next higher degree
102as provided in subsection (3) if:
103     (a)  The offender possesses 10 or more images of any form
104of child pornography regardless of content; and
105     (b)  The content of at least one image contains one or more
106of 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
112regardless of whether the movie contains sound.
113     (3)(a)  In the case of a felony of the third degree, the
114offense is reclassified to a felony of the second degree.
115     (b)  In the case of a felony of the second degree, the
116offense is reclassified to a felony of the first degree.
117
118For purposes of sentencing under chapter 921 and determining
119incentive gain-time eligibility under chapter 944, a felony
120offense that is reclassified under this section is ranked one
121level above the ranking under s. 921.0022 or s. 921.0023 of the
122offense committed.
123     Section 4.  Subsection (6) is added to section 827.071,
124Florida Statutes, to read:
125     827.071  Sexual performance by a child; penalties.--
126     (6)  Prosecution of any person for an offense under this
127section shall not prohibit prosecution of that person in this
128state for a violation of any law of this state, including a law
129providing for greater penalties than prescribed in this section
130or any other crime punishing the sexual performance or the
131sexual exploitation of children.
132     Section 5.  Section 847.0135, Florida Statutes, is amended
133to read:
134     847.0135  Computer pornography; traveling to meet minor;
135penalties.--
136     (1)  SHORT TITLE.--This section shall be known and may be
137cited as the "Computer Pornography and Child Exploitation
138Prevention Act of 1986."
139     (2)  COMPUTER PORNOGRAPHY.--A person who:
140     (a)  Knowingly compiles, enters into, or transmits by use
141of computer;
142     (b)  Makes, prints, publishes, or reproduces by other
143computerized means;
144     (c)  Knowingly causes or allows to be entered into or
145transmitted by use of computer; or
146     (d)  Buys, sells, receives, exchanges, or disseminates,
147
148any notice, statement, or advertisement of any minor's name,
149telephone number, place of residence, physical characteristics,
150or other descriptive or identifying information for purposes of
151facilitating, encouraging, offering, or soliciting sexual
152conduct of or with any minor, or the visual depiction of such
153conduct, commits a felony of the third degree, punishable as
154provided in s. 775.082, s. 775.083, or s. 775.084. The fact that
155an undercover operative or law enforcement officer was involved
156in the detection and investigation of an offense under this
157section shall not constitute a defense to a prosecution under
158this section.
159     (3)  CERTAIN USES OF COMPUTER SERVICES OR DEVICES
160PROHIBITED.--Any person who knowingly uses utilizes a computer
161on-line service, Internet service, or local bulletin board
162service, or any other device capable of electronic data storage
163or transmission to:
164     (a)  Seduce, solicit, lure, or entice, or attempt to
165seduce, solicit, lure, or entice, a child or another person
166believed by the person to be a child, to commit any illegal act
167described in chapter 794, relating to sexual battery; chapter
168800, relating to lewdness and indecent exposure; or chapter 827,
169or to otherwise engage in any unlawful sexual conduct with a
170child or with another person believed by the person to be a
171child; or
172     (b)  Solicit, lure, or entice, or attempt to solicit, lure,
173or entice a parent, legal guardian, or custodian of a child or a
174person believed to be a parent, legal guardian, or custodian of
175a child to consent to the participation of such child in any act
176described in chapter 794, chapter 800, or chapter 827, or to
177otherwise engage in any sexual conduct,
178
179relating to child abuse, commits a felony of the third degree,
180punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
181Any person who, in violating this subsection, misrepresents his
182or her age, commits a felony of the second degree, punishable as
183provided in s. 775.082, s. 775.083, or s. 775.084. Each separate
184use of a computer on-line service, Internet service, local
185bulletin board service, or any other device capable of
186electronic data storage or transmission wherein an offense
187described in this section is committed may be charged as a
188separate offense.
189     (4)  TRAVELING TO MEET A MINOR.--Any person who travels any
190distance either within this state, to this state, or from this
191state by any means, who attempts to do so, or who causes another
192to do so or to attempt to do so for the purpose of engaging in
193any illegal act described in chapter 794, chapter 800, or
194chapter 827, or to otherwise engage in other unlawful sexual
195conduct with a child or with another person believed by the
196person to be a child after using a computer on-line service,
197Internet service, local bulletin board service, or any other
198device capable of electronic data storage or transmission to:
199     (a)  Seduce, solicit, lure, or entice or attempt to seduce,
200solicit, lure, or entice a child or another person believed by
201the person to be a child, to engage in any illegal act described
202in chapter 794, chapter 800, or chapter 827, or to otherwise
203engage in other unlawful sexual conduct with a child; or
204     (b)  Solicit, lure, or entice or attempt to solicit, lure,
205or entice a parent, legal guardian, or custodian of a child or a
206person believed to be a parent, legal guardian, or custodian of
207a child to consent to the participation of such child in any act
208described in chapter 794, chapter 800, or chapter 827, or to
209otherwise engage in any sexual conduct,
210
211commits a felony of the second degree, punishable as provided in
212s. 775.082, s. 775.083, or s. 775.084.
213     (5)(4)  OWNERS OR OPERATORS OF COMPUTER SERVICES
214LIABLE.--It is unlawful for any owner or operator of a computer
215on-line service, Internet service, or local bulletin board
216service knowingly to permit a subscriber to use utilize the
217service to commit a violation of this section. Any person who
218violates this section commits a misdemeanor of the first degree,
219punishable by a fine not exceeding $2,000.
220     (6)(5)  STATE CRIMINAL JURISDICTION.--A person is subject
221to prosecution in this state pursuant to chapter 910 for any
222conduct proscribed by this section which the person engages in,
223while either within or outside this state, if by such conduct
224the person commits a violation of this section involving a child
225residing in this state, a child's guardian, or another person
226believed by the person to be a child or a child's guardian
227residing in this state.
228     (7)  EFFECT OF PROSECUTION.--Prosecution of any person for
229an offense under this section shall not prohibit prosecution of
230that person in this state or another jurisdiction for a
231violation of any law of this state, including a law providing
232for greater penalties than prescribed in this section or any
233other crime punishing the sexual performance or the sexual
234exploitation of children.
235     Section 6.  Subsection (8) of section 905.34, Florida
236Statutes, is amended to read:
237     905.34  Powers and duties; law applicable.--The
238jurisdiction of a statewide grand jury impaneled under this
239chapter shall extend throughout the state. The subject matter
240jurisdiction of the statewide grand jury shall be limited to the
241offenses of:
242     (8)  Any violation of s. 847.0135, s. 847.0137, or s.
243847.0138 relating to computer pornography and child exploitation
244prevention, or any offense related to a violation of s.
245847.0135, s. 847.0137, or s. 847.0138 or any violation of
246chapter 827 where the crime is facilitated by or connected to
247the use of the Internet or any device capable of electronic data
248storage or transmission;
249
250or any attempt, solicitation, or conspiracy to commit any
251violation of the crimes specifically enumerated above, when any
252such offense is occurring, or has occurred, in two or more
253judicial circuits as part of a related transaction or when any
254such offense is connected with an organized criminal conspiracy
255affecting two or more judicial circuits. The statewide grand
256jury may return indictments and presentments irrespective of the
257county or judicial circuit where the offense is committed or
258triable. If an indictment is returned, it shall be certified and
259transferred for trial to the county where the offense was
260committed. The powers and duties of, and law applicable to,
261county grand juries shall apply to a statewide grand jury except
262when such powers, duties, and law are inconsistent with the
263provisions of ss. 905.31-905.40.
264     Section 7.  Subsection (1) of section 910.15, Florida
265Statutes, is amended to read:
266     910.15  Crimes facilitated by Theft and fraudulent
267practices concerning communication systems.--
268     (1)  A person charged with committing a crime facilitated
269by communication through use of the mail, telephone, or
270newspaper or by radio, television, Internet, or another means of
271electronic data communication may be tried in the county in
272which the dissemination originated, in which the dissemination
273was made, or in which any act necessary to consummate the
274offense occurred. :
275     (a)  A fraudulent practice in a manner in which it may
276reasonably be assumed that a communication made to facilitate
277the fraudulent practice, or a false or misleading
278representation, could or would be disseminated across
279jurisdictional lines; or
280     (b)  A theft involving the use of the mail, telephone,
281newspaper, radio, television, or other means of communication,
282
283may be tried in the county in which the dissemination
284originated, in which the dissemination was made, or in which any
285act necessary to consummate the offense occurred.
286     Section 8.  Paragraph (g) of subsection (3) of section
287921.0022, Florida Statutes, is amended to read:
288     921.0022  Criminal Punishment Code; offense severity
289ranking chart.--
290     (3)  OFFENSE SEVERITY RANKING CHART
291
 
FloridaStatuteFelonyDegreeDescription
292
 


(g)  LEVEL 7
293
 
316.027(1)(b)1stAccident involving death, failure to stop; leaving scene.
294
 
316.193(3)(c)2.3rdDUI resulting in serious bodily injury.
295
 
316.1935(3)(b)1stCausing 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)2.3rdVessel BUI resulting in serious bodily injury.
297
 
402.319(2)2ndMisrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
298
 
409.920(2)3rdMedicaid provider fraud.
299
 
456.065(2)3rdPracticing a health care profession without a license.
300
 
456.065(2)2ndPracticing a health care profession without a license which results in serious bodily injury.
301
 
458.327(1)3rdPracticing medicine without a license.
302
 
459.013(1)3rdPracticing osteopathic medicine without a license.
303
 
460.411(1)3rdPracticing chiropractic medicine without a license.
304
 
461.012(1)3rdPracticing podiatric medicine without a license.
305
 
462.173rdPracticing naturopathy without a license.
306
 
463.015(1)3rdPracticing optometry without a license.
307
 
464.016(1)3rdPracticing nursing without a license.
308
 
465.015(2)3rdPracticing pharmacy without a license.
309
 
466.026(1)3rdPracticing dentistry or dental hygiene without a license.
310
 
467.2013rdPracticing midwifery without a license.
311
 
468.3663rdDelivering respiratory care services without a license.
312
 
483.828(1)3rdPracticing as clinical laboratory personnel without a license.
313
 
483.901(9)3rdPracticing medical physics without a license.
314
 
484.013(1)(c)3rdPreparing or dispensing optical devices without a prescription.
315
 
484.0533rdDispensing hearing aids without a license.
316
 
494.0018(2)1stConviction 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)1.3rdFailure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.
318
 
560.125(5)(a)3rdMoney transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
319
 
655.50(10)(b)1.3rdFailure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
320
 
775.21(10)(a)3rdSexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.
321
 
775.21(10)(b)3rdSexual predator working where children regularly congregate.
322
 
775.21(10)(g)3rdFailure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
323
 
782.051(3)2ndAttempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
324
 
782.07(1)2ndKilling of a human being by the act, procurement, or culpable negligence of another (manslaughter).
325
 
782.0712ndKilling of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
326
 
782.0722ndKilling of a human being by the operation of a vessel in a reckless manner (vessel homicide).
327
 
784.045(1)(a)1.2ndAggravated battery; intentionally causing great bodily harm or disfigurement.
328
 
784.045(1)(a)2.2ndAggravated battery; using deadly weapon.
329
 
784.045(1)(b)2ndAggravated battery; perpetrator aware victim pregnant.
330
 
784.048(4)3rdAggravated stalking; violation of injunction or court order.
331
 
784.048(7)3rdAggravated stalking; violation of court order.
332
 
784.07(2)(d)1stAggravated battery on law enforcement officer.
333
 
784.074(1)(a)1stAggravated battery on sexually violent predators facility staff.
334
 
784.08(2)(a)1stAggravated battery on a person 65 years of age or older.
335
 
784.081(1)1stAggravated battery on specified official or employee.
336
 
784.082(1)1stAggravated battery by detained person on visitor or other detainee.
337
 
784.083(1)1stAggravated battery on code inspector.
338
 
790.07(4)1stSpecified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
339
 
790.16(1)1stDischarge of a machine gun under specified circumstances.
340
 
790.165(2)2ndManufacture, sell, possess, or deliver hoax bomb.
341
 
790.165(3)2ndPossessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
342
 
790.166(3)2ndPossessing, selling, using, or attempting to use a hoax weapon of mass destruction.
343
 
790.166(4)2ndPossessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
344
 
796.032ndProcuring any person under 16 years for prostitution.
345
 
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
346
 
800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
347
 
806.01(2)2ndMaliciously damage structure by fire or explosive.
348
 
810.02(3)(a)2ndBurglary of occupied dwelling; unarmed; no assault or battery.
349
 
810.02(3)(b)2ndBurglary of unoccupied dwelling; unarmed; no assault or battery.
350
 
810.02(3)(d)2ndBurglary of occupied conveyance; unarmed; no assault or battery.
351
 
812.014(2)(a)1.1stProperty 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)2.2ndProperty stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
353
 
812.014(2)(b)3.2ndProperty stolen, emergency medical equipment; 2nd degree grand theft.
354
 
812.0145(2)(a)1stTheft from person 65 years of age or older; $50,000 or more.
355
 
812.019(2)1stStolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
356
 
812.131(2)(a)2ndRobbery by sudden snatching.
357
 
812.133(2)(b)1stCarjacking; no firearm, deadly weapon, or other weapon.
358
 
817.234(8)(a)2ndSolicitation of motor vehicle accident victims with intent to defraud.
359
 
817.234(9)2ndOrganizing, planning, or participating in an intentional motor vehicle collision.
360
 
817.234(11)(c)1stInsurance fraud; property value $100,000 or more.
361
 
817.2341(2)(b) & (3)(b)1stMaking 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)2ndNeglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
363
 
825.103(2)(b)2ndExploiting 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)2ndNeglect of a child causing great bodily harm, disability, or disfigurement.
365
 
827.04(3)3rdImpregnation of a child under 16 years of age by person 21 years of age or older.
366
 
837.05(2)3rdGiving false information about alleged capital felony to a law enforcement officer.
367
 
838.0152ndBribery.
368
 
838.0162ndUnlawful compensation or reward for official behavior.
369
 
838.021(3)(a)2ndUnlawful harm to a public servant.
370
 
838.222ndBid tampering.
371
 
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
372
 
847.0135(4)2ndTraveling to meet a minor to commit an unlawful sex act.
373
 
872.062ndAbuse of a dead human body.
374
 
893.13(1)(c)1.1stSell, 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)1.1stSell, 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)1stDeliver 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)1.1stTrafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
378
 
893.135(1)(b)1.a.1stTrafficking in cocaine, more than 28 grams, less than 200 grams.
379
 
893.135(1)(c)1.a.1stTrafficking in illegal drugs, more than 4 grams, less than 14 grams.
380
 
893.135(1)(d)1.1stTrafficking in phencyclidine, more than 28 grams, less than 200 grams.
381
 
893.135(1)(e)1.1stTrafficking in methaqualone, more than 200 grams, less than 5 kilograms.
382
 
893.135(1)(f)1.1stTrafficking in amphetamine, more than 14 grams, less than 28 grams.
383
 
893.135(1)(g)1.a.1stTrafficking in flunitrazepam, 4 grams or more, less than 14 grams.
384
 
893.135(1)(h)1.a.1stTrafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
385
 
893.135(1)(j)1.a.1stTrafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
386
 
893.135(1)(k)2.a.1stTrafficking in Phenethylamines, 10 grams or more, less than 200 grams.
387
 
896.101(5)(a)3rdMoney laundering, financial transactions exceeding $300 but less than $20,000.
388
 
896.104(4)(a)1.3rdStructuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
389
 
943.0435(4)(c)2ndSexual offender vacating permanent residence; failure to comply with reporting requirements.
390
 
943.0435(8)2ndSexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
391
 
943.0435(9)(a)3rdSexual offender; failure to comply with reporting requirements.
392
 
943.0435(13)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
393
 
943.0435(14)3rdSexual offender; failure to report and reregister; failure to respond to address verification.
394
 
944.607(9)3rdSexual offender; failure to comply with reporting requirements.
395
 
944.607(10)(a)3rdSexual offender; failure to submit to the taking of a digitized photograph.
396
 
944.607(12)3rdFailure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
397
 
944.607(13)3rdSexual 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
406provided in s. 668.602.
407     (k)  "Instant message name" means an identifier that allows
408a person to communicate in real time with another person using
409the Internet.
410     (6)  REGISTRATION.--
411     (a)  A sexual predator must register with the department by
412providing the following information to the department:
413     1.  Name, social security number, age, race, sex, date of
414birth, height, weight, hair and eye color, photograph, address
415of legal residence and address of any current temporary
416residence, within the state or out of state, including a rural
417route address and a post office box, any electronic mail address
418and any instant message name required to be provided pursuant to
419subparagraph (g)4., date and place of any employment, date and
420place of each conviction, fingerprints, and a brief description
421of the crime or crimes committed by the offender. A post office
422box shall not be provided in lieu of a physical residential
423address.
424     a.  If the sexual predator's place of residence is a motor
425vehicle, trailer, mobile home, or manufactured home, as defined
426in chapter 320, the sexual predator shall also provide to the
427department written notice of the vehicle identification number;
428the license tag number; the registration number; and a
429description, including color scheme, of the motor vehicle,
430trailer, mobile home, or manufactured home. If a sexual
431predator's place of residence is a vessel, live-aboard vessel,
432or houseboat, as defined in chapter 327, the sexual predator
433shall also provide to the department written notice of the hull
434identification number; the manufacturer's serial number; the
435name of the vessel, live-aboard vessel, or houseboat; the
436registration number; and a description, including color scheme,
437of the vessel, live-aboard vessel, or houseboat.
438     b.  If the sexual predator is enrolled, employed, or
439carrying on a vocation at an institution of higher education in
440this state, the sexual predator shall also provide to the
441department the name, address, and county of each institution,
442including each campus attended, and the sexual predator's
443enrollment or employment status. Each change in enrollment or
444employment status shall be reported in person at the sheriff's
445office, or the Department of Corrections if the sexual predator
446is in the custody or control of or under the supervision of the
447Department of Corrections, within 48 hours after any change in
448status. The sheriff or the Department of Corrections shall
449promptly notify each institution of the sexual predator's
450presence and any change in the sexual predator's enrollment or
451employment status.
452     2.  Any other information determined necessary by the
453department, including criminal and corrections records;
454nonprivileged personnel and treatment records; and evidentiary
455genetic markers when available.
456     (e)  If the sexual predator is not in the custody or
457control of, or under the supervision of, the Department of
458Corrections, or is not in the custody of a private correctional
459facility, and establishes or maintains a residence in the state,
460the sexual predator shall register in person at the sheriff's
461office in the county in which the predator establishes or
462maintains a residence, within 48 hours after establishing
463permanent or temporary residence in this state. Any change in
464the sexual predator's permanent or temporary residence, or name,
465or any electronic mail address and any instant message name
466required to be provided pursuant to subparagraph (g)4., after
467the sexual predator registers in person at the sheriff's office,
468shall be accomplished in the manner provided in paragraphs (g),
469(i), and (j). When a sexual predator registers with the
470sheriff's office, the sheriff shall take a photograph and a set
471of fingerprints of the predator and forward the photographs and
472fingerprints to the department, along with the information that
473the predator is required to provide pursuant to this section.
474     (g)1.  Each time a sexual predator's driver's license or
475identification card is subject to renewal, and, without regard
476to the status of the predator's driver's license or
477identification card, within 48 hours after any change of the
478predator's residence or change in the predator's name by reason
479of marriage or other legal process, the predator shall report in
480person to a driver's license office and shall be subject to the
481requirements specified in paragraph (f). The Department of
482Highway Safety and Motor Vehicles shall forward to the
483department and to the Department of Corrections all photographs
484and information provided by sexual predators. Notwithstanding
485the restrictions set forth in s. 322.142, the Department of
486Highway Safety and Motor Vehicles is authorized to release a
487reproduction of a color-photograph or digital-image license to
488the Department of Law Enforcement for purposes of public
489notification of sexual predators as provided in this section.
490     2.  A sexual predator who vacates a permanent residence and
491fails to establish or maintain another permanent or temporary
492residence shall, within 48 hours after vacating the permanent
493residence, report in person to the sheriff's office of the
494county in which he or she is located. The sexual predator shall
495specify the date upon which he or she intends to or did vacate
496such residence. The sexual predator must provide or update all
497of the registration information required under paragraph (a).
498The sexual predator must provide an address for the residence or
499other location that he or she is or will be occupying during the
500time in which he or she fails to establish or maintain a
501permanent or temporary residence.
502     3.  A sexual predator who remains at a permanent residence
503after reporting his or her intent to vacate such residence
504shall, within 48 hours after the date upon which the predator
505indicated he or she would or did vacate such residence, report
506in person to the sheriff's office to which he or she reported
507pursuant to subparagraph 2. for the purpose of reporting his or
508her address at such residence. When the sheriff receives the
509report, the sheriff shall promptly convey the information to the
510department. An offender who makes a report as required under
511subparagraph 2. but fails to make a report as required under
512this subparagraph commits a felony of the second degree,
513punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
514     4.  A sexual predator must register any electronic mail
515address or instant message name with the department prior to
516using such electronic mail address or instant message name on or
517after October 1, 2007. The department shall establish an online
518system through which sexual predators may securely access and
519update all electronic mail address and instant message name
520information.
521     (8)  VERIFICATION.--The department and the Department of
522Corrections shall implement a system for verifying the addresses
523of sexual predators. The system must be consistent with the
524provisions of the federal Jacob Wetterling Act, as amended, and
525any other federal standards applicable to such verification or
526required to be met as a condition for the receipt of federal
527funds by the state. The Department of Corrections shall verify
528the addresses of sexual predators who are not incarcerated but
529who reside in the community under the supervision of the
530Department of Corrections. County and local law enforcement
531agencies, in conjunction with the department, shall verify the
532addresses of sexual predators who are not under the care,
533custody, control, or supervision of the Department of
534Corrections.
535     (a)  A sexual predator must report in person each year
536during the month of the sexual predator's birthday and during
537the sixth month following the sexual predator's birth month to
538the sheriff's office in the county in which he or she resides or
539is otherwise located to reregister. The sheriff's office may
540determine the appropriate times and days for reporting by the
541sexual predator, which shall be consistent with the reporting
542requirements of this paragraph. Reregistration shall include any
543changes to the following information:
544     1.  Name; social security number; age; race; sex; date of
545birth; height; weight; hair and eye color; address of any
546permanent residence and address of any current temporary
547residence, within the state or out of state, including a rural
548route address and a post office box; any electronic mail address
549and any instant message name required to be provided pursuant to
550subparagraph (6)(g)4.; date and place of any employment; vehicle
551make, model, color, and license tag number; fingerprints; and
552photograph. A post office box shall not be provided in lieu of a
553physical residential address.
554     2.  If the sexual predator is enrolled, employed, or
555carrying on a vocation at an institution of higher education in
556this state, the sexual predator shall also provide to the
557department the name, address, and county of each institution,
558including each campus attended, and the sexual predator's
559enrollment or employment status.
560     3.  If the sexual predator's place of residence is a motor
561vehicle, trailer, mobile home, or manufactured home, as defined
562in chapter 320, the sexual predator shall also provide the
563vehicle identification number; the license tag number; the
564registration number; and a description, including color scheme,
565of the motor vehicle, trailer, mobile home, or manufactured
566home. If the sexual predator's place of residence is a vessel,
567live-aboard vessel, or houseboat, as defined in chapter 327, the
568sexual predator shall also provide the hull identification
569number; the manufacturer's serial number; the name of the
570vessel, live-aboard vessel, or houseboat; the registration
571number; and a description, including color scheme, of the
572vessel, live-aboard vessel, or houseboat.
573     (b)  The sheriff's office shall, within 2 working days,
574electronically submit and update all information provided by the
575sexual predator to the department in a manner prescribed by the
576department. This procedure shall be implemented by December 1,
5772005.
578     (10)  PENALTIES.--
579     (a)  Except as otherwise specifically provided, a sexual
580predator who fails to register; who fails, after registration,
581to maintain, acquire, or renew a driver's license or
582identification card; who fails to provide required location
583information, electronic mail address information, instant
584message name information, or change-of-name information; who
585fails to make a required report in connection with vacating a
586permanent residence; who fails to reregister as required; who
587fails to respond to any address verification correspondence from
588the department within 3 weeks of the date of the correspondence;
589or who otherwise fails, by act or omission, to comply with the
590requirements of this section, commits a felony of the third
591degree, punishable as provided in s. 775.082, s. 775.083, or s.
592775.084.
593     Section 10.  Paragraphs (f) and (g) are added to subsection
594(1) and paragraph (d) is added to subsection (4) of section
595943.0435, Florida Statutes, and subsections (2) and (14) of that
596section are amended, to read:
597     943.0435  Sexual offenders required to register with the
598department; penalty.--
599     (1)  As used in this section, the term:
600     (f)  "Electronic mail address" has the same meaning as
601provided in s. 668.602.
602     (g)  "Instant message name" means an identifier that allows
603a person to communicate in real time with another person using
604the Internet.
605     (2)  A sexual offender shall:
606     (a)  Report in person at the sheriff's office in the county
607in which the offender establishes or maintains a permanent or
608temporary residence, within 48 hours after establishing
609permanent or temporary residence in this state or within 48
610hours after being released from the custody, control, or
611supervision of the Department of Corrections or from the custody
612of a private correctional facility. Any change in the sexual
613offender's permanent or temporary residence, or name, any
614electronic mail address and any instant message name required to
615be provided pursuant to paragraph (4)(d), after the sexual
616offender reports in person at the sheriff's office, shall be
617accomplished in the manner provided in subsections (4), (7), and
618(8).
619     (b)  Provide his or her name, date of birth, social
620security number, race, sex, height, weight, hair and eye color,
621tattoos or other identifying marks, occupation and place of
622employment, address of permanent or legal residence or address
623of any current temporary residence, within the state and out of
624state, including a rural route address and a post office box,
625any electronic mail address and any instant message name
626required to be provided pursuant to paragraph (4)(d), date and
627place of each conviction, and a brief description of the crime
628or crimes committed by the offender. A post office box shall not
629be provided in lieu of a physical residential address.
630     1.  If the sexual offender's place of residence is a motor
631vehicle, trailer, mobile home, or manufactured home, as defined
632in chapter 320, the sexual offender shall also provide to the
633department written notice of the vehicle identification number;
634the license tag number; the registration number; and a
635description, including color scheme, of the motor vehicle,
636trailer, mobile home, or manufactured home. If the sexual
637offender's place of residence is a vessel, live-aboard vessel,
638or houseboat, as defined in chapter 327, the sexual offender
639shall also provide to the department written notice of the hull
640identification number; the manufacturer's serial number; the
641name of the vessel, live-aboard vessel, or houseboat; the
642registration number; and a description, including color scheme,
643of the vessel, live-aboard vessel, or houseboat.
644     2.  If the sexual offender is enrolled, employed, or
645carrying on a vocation at an institution of higher education in
646this state, the sexual offender shall also provide to the
647department the name, address, and county of each institution,
648including each campus attended, and the sexual offender's
649enrollment or employment status. Each change in enrollment or
650employment status shall be reported in person at the sheriff's
651office, within 48 hours after any change in status. The sheriff
652shall promptly notify each institution of the sexual offender's
653presence and any change in the sexual offender's enrollment or
654employment status.
655
656When a sexual offender reports at the sheriff's office, the
657sheriff shall take a photograph and a set of fingerprints of the
658offender and forward the photographs and fingerprints to the
659department, along with the information provided by the sexual
660offender. The sheriff shall promptly provide to the department
661the information received from the sexual offender.
662     (4)
663     (d)  A sexual offender must register any electronic mail
664address or instant message name with the department prior to
665using such electronic mail address or instant message name on or
666after October 1, 2007. The department shall establish an online
667system through which sexual offenders may securely access and
668update all electronic mail address and instant message name
669information.
670     (14)(a)  A sexual offender must report in person each year
671during the month of the sexual offender's birthday and during
672the sixth month following the sexual offender's birth month to
673the sheriff's office in the county in which he or she resides or
674is otherwise located to reregister. The sheriff's office may
675determine the appropriate times and days for reporting by the
676sexual offender, which shall be consistent with the reporting
677requirements of this paragraph. Reregistration shall include any
678changes to the following information:
679     1.  Name; social security number; age; race; sex; date of
680birth; height; weight; hair and eye color; address of any
681permanent residence and address of any current temporary
682residence, within the state or out of state, including a rural
683route address and a post office box; any electronic mail address
684and any instant message name required to be provided pursuant to
685paragraph (4)(d); date and place of any employment; vehicle
686make, model, color, and license tag number; fingerprints; and
687photograph. A post office box shall not be provided in lieu of a
688physical residential address.
689     2.  If the sexual offender is enrolled, employed, or
690carrying on a vocation at an institution of higher education in
691this state, the sexual offender shall also provide to the
692department the name, address, and county of each institution,
693including each campus attended, and the sexual offender's
694enrollment or employment status.
695     3.  If the sexual offender's place of residence is a motor
696vehicle, trailer, mobile home, or manufactured home, as defined
697in chapter 320, the sexual offender shall also provide the
698vehicle identification number; the license tag number; the
699registration number; and a description, including color scheme,
700of the motor vehicle, trailer, mobile home, or manufactured
701home. If the sexual offender's place of residence is a vessel,
702live-aboard vessel, or houseboat, as defined in chapter 327, the
703sexual offender shall also provide the hull identification
704number; the manufacturer's serial number; the name of the
705vessel, live-aboard vessel, or houseboat; the registration
706number; and a description, including color scheme, of the
707vessel, live-aboard vessel or houseboat.
708     4.  Any sexual offender who fails to report in person as
709required at the sheriff's office, or who fails to respond to any
710address verification correspondence from the department within 3
711weeks of the date of the correspondence or who fails to report
712electronic mail addresses or instant message names, commits a
713felony of the third degree, punishable as provided in s.
714775.082, s. 775.083, or s. 775.084.
715     (b)  The sheriff's office shall, within 2 working days,
716electronically submit and update all information provided by the
717sexual offender to the department in a manner prescribed by the
718department. This procedure shall be implemented by December 1,
7192005.
720     Section 11.  Paragraphs (c) and (d) are added to subsection
721(1) of section 944.606, Florida Statutes, and paragraph (a) of
722subsection (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
726provided in s. 668.602.
727     (d)  "Instant message name" means an identifier that allows
728a person to communicate in real time with another person using
729the Internet.
730     (3)(a)  The department must provide information regarding
731any sexual offender who is being released after serving a period
732of incarceration for any offense, as follows:
733     1.  The department must provide: the sexual offender's
734name, any change in the offender's name by reason of marriage or
735other legal process, and any alias, if known; the correctional
736facility from which the sexual offender is released; the sexual
737offender's social security number, race, sex, date of birth,
738height, weight, and hair and eye color; date and county of
739sentence and each crime for which the offender was sentenced; a
740copy of the offender's fingerprints and a digitized photograph
741taken within 60 days before release; the date of release of the
742sexual offender; any electronic mail address and any instant
743message name required to be provided pursuant to s.
744943.0435(4)(d); and the offender's intended residence address,
745if known. The department shall notify the Department of Law
746Enforcement if the sexual offender escapes, absconds, or dies.
747If the sexual offender is in the custody of a private
748correctional facility, the facility shall take the digitized
749photograph of the sexual offender within 60 days before the
750sexual offender's release and provide this photograph to the
751Department of Corrections and also place it in the sexual
752offender's file. If the sexual offender is in the custody of a
753local jail, the custodian of the local jail shall notify the
754Department of Law Enforcement of the sexual offender's release
755and provide to the Department of Law Enforcement the information
756specified in this paragraph and any information specified in
757subparagraph 2. that the Department of Law Enforcement requests.
758     2.  The department may provide any other information deemed
759necessary, including criminal and corrections records,
760nonprivileged 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
763subsection (4) and subsection (13) of that section are amended,
764to read:
765     944.607  Notification to Department of Law Enforcement of
766information on sexual offenders.--
767     (1)  As used in this section, the term:
768     (e)  "Electronic mail address" has the same meaning as
769provided in s. 668.602.
770     (f)  "Instant message name" means an identifier that allows
771a person to communicate in real time with another person using
772the Internet.
773     (4)  A sexual offender, as described in this section, who
774is under the supervision of the Department of Corrections but is
775not incarcerated must register with the Department of
776Corrections and provide information as required by this
777subsection.
778     (a)  The sexual offender shall provide his or her name;
779date of birth; social security number; race; sex; height;
780weight; hair and eye color; tattoos or other identifying marks;
781any electronic mail address and any instant message name
782required to be provided pursuant to s. 943.0435(4)(d); and
783permanent or legal residence and address of temporary residence
784within the state or out of state while the sexual offender is
785under supervision in this state, including any rural route
786address or post office box. The Department of Corrections shall
787verify the address of each sexual offender in the manner
788described in ss. 775.21 and 943.0435.
789     (13)(a)  A sexual offender must report in person each year
790during the month of the sexual offender's birthday and during
791the sixth month following the sexual offender's birth month to
792the sheriff's office in the county in which he or she resides or
793is otherwise located to reregister. The sheriff's office may
794determine the appropriate times and days for reporting by the
795sexual offender, which shall be consistent with the reporting
796requirements of this paragraph. Reregistration shall include any
797changes to the following information:
798     1.  Name; social security number; age; race; sex; date of
799birth; height; weight; hair and eye color; address of any
800permanent residence and address of any current temporary
801residence, within the state or out of state, including a rural
802route address and a post office box; any electronic mail address
803and any instant message name required to be provided pursuant to
804s. 943.0435(4)(d), date and place of any employment; vehicle
805make, model, color, and license tag number; fingerprints; and
806photograph. A post office box shall not be provided in lieu of a
807physical residential address.
808     2.  If the sexual offender is enrolled, employed, or
809carrying on a vocation at an institution of higher education in
810this state, the sexual offender shall also provide to the
811department the name, address, and county of each institution,
812including each campus attended, and the sexual offender's
813enrollment or employment status.
814     3.  If the sexual offender's place of residence is a motor
815vehicle, trailer, mobile home, or manufactured home, as defined
816in chapter 320, the sexual offender shall also provide the
817vehicle identification number; the license tag number; the
818registration number; and a description, including color scheme,
819of the motor vehicle, trailer, mobile home, or manufactured
820home. If the sexual offender's place of residence is a vessel,
821live-aboard vessel, or houseboat, as defined in chapter 327, the
822sexual offender shall also provide the hull identification
823number; the manufacturer's serial number; the name of the
824vessel, live-aboard vessel, or houseboat; the registration
825number; and a description, including color scheme, of the
826vessel, live-aboard vessel, or houseboat.
827     4.  Any sexual offender who fails to report in person as
828required at the sheriff's office, or who fails to respond to any
829address verification correspondence from the department within 3
830weeks of the date of the correspondence or who fails to report
831electronic mail addresses or instant message names, commits a
832felony of the third degree, punishable as provided in s.
833775.082, s. 775.083, and s. 775.084.
834     (b)  The sheriff's office shall, within 2 working days,
835electronically submit and update all information provided by the
836sexual offender to the Florida Department of Law Enforcement in
837a manner prescribed by that the Florida department of Law
838Enforcement. This procedure shall be implemented by December 1,
8392005.
840     Section 13.  In the express interest of the protection of
841citizens, particularly children, who use the Internet, it is the
842intent of the Legislature that the collection and distribution
843of the electronic mail address and instant message name
844information of sexual predators and sexual offenders be
845maintained and distributed in a manner to maximize public safety
846benefits while minimizing and avoiding to the greatest extent
847possible any use of this information for any illegal purposes
848including harassment and networking among individuals for
849illegal purposes. Additionally, care should be taken in the
850distribution of this information to avoid circumstances which
851allow ready access to such information by minors.
852     Section 14.  Section 943.0437, Florida Statutes, is created
853to read:
854     943.0437  Commercial social networking websites.--
855     (1)  For the purpose of this section, the term "commercial
856social networking website" means a commercially operated
857Internet website that allows users to create web pages or
858profiles that provide information about themselves and are
859available publicly or to other users and that offers a mechanism
860for communication with other users, such as a forum, chat room,
861electronic mail, or instant messenger.
862     (2)  The department may provide information relating to
863electronic mail addresses and instant message names maintained
864as part of the sexual offender registry to commercial social
865networking websites or third parties designated by commercial
866social networking websites. The commercial social networking
867website may use this information for the purpose of comparing
868registered users and screening potential users of the commercial
869social networking website against the list of electronic mail
870addresses and instant message names provided by the department.
871     (3)  This section shall not be construed to impose any
872civil liability on a commercial social networking website for:
873     (a)  Any action voluntarily taken in good faith to remove
874or disable any profile of a registered user associated with an
875electronic mail address or instant message name contained in the
876sexual offender registry.
877     (b)  Any action taken to restrict access by such registered
878user 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
885An act relating to criminal justice; providing a short
886title; amending s. 16.56, F.S.; providing for jurisdiction
887of the Office of the Statewide Prosecutor over certain
888obscenity offenses; providing for jurisdiction over
889offenses facilitated by or connected to the use of the
890Internet; creating s. 775.0847, F.S.; providing
891definitions; providing for reclassification of certain
892offenses involving child pornography; amending s. 827.071,
893F.S.; providing for the effect of certain prosecutions;
894amending s. 847.0135, F.S.; making editorial changes;
895revising prohibitions on use of certain computer services
896to facilitate certain sexual conduct to include electronic
897storage devices, additional persons, and additional
898conduct; providing for charging each conversation in which
899specified conduct occurs as a separate offense;
900prohibiting traveling to meet minors for certain purposes;
901providing criminal penalties; revising a provision
902relating to state criminal jurisdiction; providing for
903effect of certain prosecutions; amending s. 905.34, F.S.;
904providing additional subject matter jurisdiction for the
905statewide grand jury; amending s. 910.15, F.S.; revising
906provisions relating to offenses facilitated by
907communication systems; amending s. 921.0022, F.S.;
908conforming the Criminal Punishment Code offense severity
909ranking chart; amending s. 775.21, F.S.; providing
910definitions; requiring sexual predators to include certain
911information during the registration process; requiring
912sexual predators to report changes in certain information;
913requiring sexual predators to include certain information
914during the reregistration process; providing penalties for
915failing to provide certain information; amending s.
916943.0435, F.S.; providing definitions; requiring sexual
917offenders to include certain information during the
918registration process; requiring sexual offenders to report
919changes in certain information; requiring sexual offenders
920to include certain information during the reregistration
921process; amending s. 944.606, F.S.; providing definitions;
922requiring the Department of Corrections to provide certain
923information regarding sexual offenders who are being
924released after serving a period of incarceration to
925certain entities; amending s. 944.607, F.S.; providing
926definitions; requiring sexual offenders under the
927supervision of the Department of Corrections to include
928certain information during the registration process;
929requiring sexual offenders to include certain information
930during the reregistration process; providing legislative
931intent; creating s. 943.0437, F.S.; providing definitions;
932providing penalties for sexual offenders who fail to
933report certain information; permitting the Department of
934Law Enforcement to provide electronic mail address and
935instant message information in the sexual offender
936registry to commercial social networking websites and
937certain others; providing that certain statutory
938provisions do not impose civil liability on commercial
939social networking websites for specified actions;
940providing an effective date.


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