Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1004
                        Barcode 292138
                            CHAMBER ACTION
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11  The Committee on Criminal and Civil Justice Appropriations
12  (Argenziano) recommended the following substitute for
13  amendment (144798):
14  
15         Senate Amendment (with title amendment) 
16         On page 11, line 17,
17  Delete that line
18  
19  and insert:  
20         Section 7.  Paragraphs (j) and (k) are added to
21  subsection (2), paragraphs (a), (e), and (g) of subsection
22  (6), subsection (8), and paragraph (a) of subsection (10) of
23  s. 775.21, Florida Statutes, are amended to read:
24         775.21  The Florida Sexual Predators Act.--
25         (2)  DEFINITIONS.--As used in this section, the term:
26         (j)  "Electronic mail address" has the same meaning as
27  provided in s. 668.602.
28         (k)  "Instant message name" means an identifier that
29  allows a person to communicate in real-time with another
30  person using the Internet.
31         (6)  REGISTRATION.--
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    11:19 AM   02/21/07                             s1004.ja03.00i

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 (a) A sexual predator must register with the 2 department by providing the following information to the 3 department: 4 1. Name, social security number, age, race, sex, date 5 of birth, height, weight, hair and eye color, photograph, 6 address of legal residence and address of any current 7 temporary residence, within the state or out of state, 8 including a rural route address and a post office box, any 9 electronic mail address and any instant message name required 10 to be provided pursuant to paragraph (g)4., date and place of 11 any employment, date and place of each conviction, 12 fingerprints, and a brief description of the crime or crimes 13 committed by the offender. A post office box shall not be 14 provided in lieu of a physical residential address. 15 a. If the sexual predator's place of residence is a 16 motor vehicle, trailer, mobile home, or manufactured home, as 17 defined in chapter 320, the sexual predator shall also provide 18 to the department written notice of the vehicle identification 19 number; the license tag number; the registration number; and a 20 description, including color scheme, of the motor vehicle, 21 trailer, mobile home, or manufactured home. If a sexual 22 predator's place of trailer, mobile home, or manufactured 23 home. If a sexual predator's place of residence is a vessel, 24 live-aboard vessel, or houseboat, as defined in chapter 327, 25 the sexual predator shall also provide to the department 26 written notice of the hull identification number; the 27 manufacturer's serial number; the name of the vessel, 28 live-aboard vessel, or houseboat; the registration number; and 29 a description, including color scheme, of the vessel, 30 live-aboard vessel, or houseboat. 31 b. If the sexual predator is enrolled, employed, or 2 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 carrying on a vocation at an institution of higher education 2 in this state, the sexual predator shall also provide to the 3 department the name, address, and county of each institution, 4 including each campus attended, and the sexual predator's 5 enrollment or employment status. Each change in enrollment or 6 employment status shall be reported in person at the sheriff's 7 office, or the Department of Corrections if the sexual 8 predator is in the custody or control of or under the 9 supervision of the Department of Corrections, within 48 hours 10 after any change in status. The sheriff or the Department of 11 Corrections shall promptly notify each institution of the 12 sexual predator's presence and any change in the sexual 13 predator's enrollment or employment status. 14 2. Any other information determined necessary by the 15 department, including criminal and corrections records; 16 nonprivileged personnel and treatment records; and evidentiary 17 genetic markers when available. 18 (e) If the sexual predator is not in the custody or 19 control of, or under the supervision of, the Department of 20 Corrections, or is not in the custody of a private 21 correctional facility, and establishes or maintains a 22 residence in the state, the sexual predator shall register in 23 person at the sheriff's office in the county in which the 24 predator establishes or maintains a residence, within 48 hours 25 after establishing permanent or temporary residence in this 26 state. Any change in the sexual predator's permanent or 27 temporary residence, or name, or any electronic mail address 28 and any instant message name required to be provided pursuant 29 to paragraph (g)4. after the sexual predator registers in 30 person at the sheriff's office, shall be accomplished in the 31 manner provided in paragraphs (g), (i), and (j). When a sexual 3 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 predator registers with the sheriff's office, the sheriff 2 shall take a photograph and a set of fingerprints of the 3 predator and forward the photographs and fingerprints to the 4 department, along with the information that the predator is 5 required to provide pursuant to this section. 6 (g)1. Each time a sexual predator's driver's license 7 or identification card is subject to renewal, and, without 8 regard to the status of the predator's driver's license or 9 identification card, within 48 hours after any change of the 10 predator's residence or change in the predator's name by 11 reason of marriage or other legal process, the predator shall 12 report in person to a driver's license office and shall be 13 subject to the requirements specified in paragraph (f). The 14 Department of Highway Safety and Motor Vehicles shall forward 15 to the department and to the Department of Corrections all 16 photographs and information provided by sexual predators. 17 Notwithstanding the restrictions set forth in s. 322.142, the 18 Department of Highway Safety and Motor Vehicles is authorized 19 to release a reproduction of a color-photograph or 20 digital-image license to the Department of Law Enforcement for 21 purposes of public notification of sexual predators as 22 provided in this section. 23 2. A sexual predator who vacates a permanent residence 24 and fails to establish or maintain another permanent or 25 temporary residence shall, within 48 hours after vacating the 26 permanent residence, report in person to the sheriff's office 27 of the county in which he or she is located. The sexual 28 predator shall specify the date upon which he or she intends 29 to or did vacate such residence. The sexual predator must 30 provide or update all of the registration information required 31 under paragraph (a). The sexual predator must provide an 4 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 address for the residence or other location that he or she is 2 or will be occupying during the time in which he or she fails 3 to establish or maintain a permanent or temporary residence. 4 3. A sexual predator who remains at a permanent 5 residence after reporting his or her intent to vacate such 6 residence shall, within 48 hours after the date upon which the 7 predator indicated he or she would or did vacate such 8 residence, report in person to the sheriff's office to which 9 he or she reported pursuant to subparagraph 2. for the purpose 10 of reporting his or her address at such residence. When the 11 sheriff receives the report, the sheriff shall promptly convey 12 the information to the department. An offender who makes a 13 report as required under subparagraph 2. but fails to make a 14 report as required under this subparagraph commits a felony of 15 the second degree, punishable as provided in s. 775.082, s. 16 775.083, or s. 775.084. 17 4. A sexual predator must register any electronic mail 18 address or instant message name with the department prior to 19 using such electronic mail address or instant message name on 20 or after October 1, 2007. The department shall establish an 21 online system through which sexual predators may securely 22 access and update all electronic mail address and instant 23 message name information. 24 (8) VERIFICATION.--The department and the Department 25 of Corrections shall implement a system for verifying the 26 addresses of sexual predators. The system must be consistent 27 with the provisions of the federal Jacob Wetterling Act, as 28 amended, and any other federal standards applicable to such 29 verification or required to be met as a condition for the 30 receipt of federal funds by the state. The Department of 31 Corrections shall verify the addresses of sexual predators who 5 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 are not incarcerated but who reside in the community under the 2 supervision of the Department of Corrections. County and local 3 law enforcement agencies, in conjunction with the department, 4 shall verify the addresses of sexual predators who are not 5 under the care, custody, control, or supervision of the 6 Department of Corrections. 7 (a) A sexual predator must report in person each year 8 during the month of the sexual predator's birthday and during 9 the sixth month following the sexual predator's birth month to 10 the sheriff's office in the county in which he or she resides 11 or is otherwise located to reregister. The sheriff's office 12 may determine the appropriate times and days for reporting by 13 the sexual predator, which shall be consistent with the 14 reporting requirements of this paragraph. Reregistration shall 15 include any changes to the following information: 16 1. Name; social security number; age; race; sex; date 17 of birth; height; weight; hair and eye color; address of any 18 permanent residence and address of any current temporary 19 residence, within the state or out of state, including a rural 20 route address and a post office box; any electronic mail 21 address and any instant message name required to be provided 22 pursuant to paragraph (g)4.; date and place of any employment; 23 vehicle make, model, color, and license tag number; 24 fingerprints; and photograph. A post office box shall not be 25 provided in lieu of a physical residential address. 26 2. If the sexual predator is enrolled, employed, or 27 carrying on a vocation at an institution of higher education 28 in this state, the sexual predator shall also provide to the 29 department the name, address, and county of each institution, 30 including each campus attended, and the sexual predator's 31 enrollment or employment status. 6 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 3. If the sexual predator's place of residence is a 2 motor vehicle, trailer, mobile home, or manufactured home, as 3 defined in chapter 320, the sexual predator shall also provide 4 the vehicle identification number; the license tag number; the 5 registration number; and a description, including color 6 scheme, of the motor vehicle, trailer, mobile home, or 7 manufactured home. If the sexual predator's place of residence 8 is a vessel, live-aboard vessel, or houseboat, as defined in 9 chapter 327, the sexual predator shall also provide the hull 10 identification number; the manufacturer's serial number; the 11 name of the vessel, live-aboard vessel, or houseboat; the 12 registration number; and a description, including color 13 scheme, of the vessel, live-aboard vessel, or houseboat. 14 (b) The sheriff's office shall, within 2 working days, 15 electronically submit and update all information provided by 16 the sexual predator to the department in a manner prescribed 17 by the department. This procedure shall be implemented by 18 December 1, 2005. 19 (10) PENALTIES.-- 20 (a) Except as otherwise specifically provided, a 21 sexual predator who fails to register; who fails, after 22 registration, to maintain, acquire, or renew a driver's 23 license or identification card; who fails to provide required 24 location information, electronic mail address information, 25 instant message name information, or change-of-name 26 information; who fails to make a required report in connection 27 with vacating a permanent residence; who fails to reregister 28 as required; who fails to respond to any address verification 29 correspondence from the department within 3 weeks of the date 30 of the correspondence; or who otherwise fails, by act or 31 omission, to comply with the requirements of this section, 7 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 commits a felony of the third degree, punishable as provided 2 in s. 775.082, s. 775.083, or s. 775.084. 3 Section 8. Paragraphs (f) and (g) are added to 4 subsection (1) and subsection (2), subsection (4) and 5 subsection (14) of section 943.0435, Florida Statutes, are 6 amended to read: 7 943.0435 Sexual offenders required to register with 8 the department; penalty.-- 9 (1) As used in this section, the term: 10 (f) "Electronic mail address" has the same meaning as 11 provided in s. 668.602. 12 (g) "Instant message name" means an identifier that 13 allows a person to communicate in real-time with another 14 person using the Internet. 15 (2) A sexual offender shall: 16 (a) Report in person at the sheriff's office in the 17 county in which the offender establishes or maintains a 18 permanent or temporary residence, within 48 hours after 19 establishing permanent or temporary residence in this state or 20 within 48 hours after being released from the custody, 21 control, or supervision of the Department of Corrections or 22 from the custody of a private correctional facility. Any 23 change in the sexual offender's permanent or temporary 24 residence, or name, or any electronic mail address or any 25 instant message name required to be provided pursuant to 26 subsection 4(d), after the sexual offender reports in person 27 at the sheriff's office, shall be accomplished in the manner 28 provided in subsections (4), (7), and (8). 29 (b) Provide his or her name, date of birth, social 30 security number, race, sex, height, weight, hair and eye 31 color, tattoos or other identifying marks, occupation and 8 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 place of employment, address of permanent or legal residence 2 or address of any current temporary residence, within the 3 state and out of state, including a rural route address and a 4 post office box, any electronic mail address and any instant 5 message name required to be provided pursuant to subsection 6 4(d), date and place of each conviction, and a brief 7 description of the crime or crimes committed by the offender. 8 A post office box shall not be provided in lieu of a physical 9 residential address. 10 1. If the sexual offender's place of residence is a 11 motor vehicle, trailer, mobile home, or manufactured home, as 12 defined in chapter 320, the sexual offender shall also provide 13 to the department written notice of the vehicle identification 14 number; the license tag number; the registration number; and a 15 description, including color scheme, of the motor vehicle, 16 trailer, mobile home, or manufactured home. If the sexual 17 offender's place of residence is a vessel, live-aboard vessel, 18 or houseboat, as defined in chapter 327, the sexual offender 19 shall also provide to the department written notice of the 20 hull identification number; the manufacturer's serial number; 21 the name of the vessel, live-aboard vessel, or houseboat; the 22 registration number; and a description, including color 23 scheme, of the vessel, live-aboard vessel, or houseboat. 24 2. If the sexual offender is enrolled, employed, or 25 carrying on a vocation at an institution of higher education 26 in this state, the sexual offender shall also provide to the 27 department the name, address, and county of each institution, 28 including each campus attended, and the sexual offender's 29 enrollment or employment status. Each change in enrollment or 30 employment status shall be reported in person at the sheriff's 31 office, within 48 hours after any change in status. The 9 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 sheriff shall promptly notify each institution of the sexual 2 offender's presence and any change in the sexual offender's 3 enrollment or employment status. 4 5 When a sexual offender reports at the sheriff's office, the 6 sheriff shall take a photograph and a set of fingerprints of 7 the offender and forward the photographs and fingerprints to 8 the department, along with the information provided by the 9 sexual offender. The sheriff shall promptly provide to the 10 department the information received from the sexual offender. 11 (4)(a) Each time a sexual offender's driver's license 12 or identification card is subject to renewal, and, without 13 regard to the status of the offender's driver's license or 14 identification card, within 48 hours after any change in the 15 offender's permanent or temporary residence or change in the 16 offender's name by reason of marriage or other legal process, 17 the offender shall report in person to a driver's license 18 office, and shall be subject to the requirements specified in 19 subsection (3). The Department of Highway Safety and Motor 20 Vehicles shall forward to the department all photographs and 21 information provided by sexual offenders. Notwithstanding the 22 restrictions set forth in s. 322.142, the Department of 23 Highway Safety and Motor Vehicles is authorized to release a 24 reproduction of a color-photograph or digital-image license to 25 the Department of Law Enforcement for purposes of public 26 notification of sexual offenders as provided in ss. 943.043, 27 943.0435, and 944.606. 28 (b) A sexual offender who vacates a permanent 29 residence and fails to establish or maintain another permanent 30 or temporary residence shall, within 48 hours after vacating 31 the permanent residence, report in person to the sheriff's 10 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 office of the county in which he or she is located. The sexual 2 offender shall specify the date upon which he or she intends 3 to or did vacate such residence. The sexual offender must 4 provide or update all of the registration information required 5 under paragraph (2)(b). The sexual offender must provide an 6 address for the residence or other location that he or she is 7 or will be occupying during the time in which he or she fails 8 to establish or maintain a permanent or temporary residence. 9 (c) A sexual offender who remains at a permanent 10 residence after reporting his or her intent to vacate such 11 residence shall, within 48 hours after the date upon which the 12 offender indicated he or she would or did vacate such 13 residence, report in person to the agency to which he or she 14 reported pursuant to paragraph (b) for the purpose of 15 reporting his or her address at such residence. When the 16 sheriff receives the report, the sheriff shall promptly convey 17 the information to the department. An offender who makes a 18 report as required under paragraph (b) but fails to make a 19 report as required under this paragraph commits a felony of 20 the second degree, punishable as provided in s. 775.082, s. 21 775.083, or s. 775.084. 22 (d) A sexual offender must register any electronic 23 mail address or instant message name with the department prior 24 to using such electronic mail address or instant message name 25 on or after October 1, 2007. The department shall establish an 26 online system through which sexual offenders may securely 27 access and update all electronic mail and instant message name 28 information. 29 (14)(a) A sexual offender must report in person each 30 year during the month of the sexual offender's birthday and 31 during the sixth month following the sexual offender's birth 11 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 month to the sheriff's office in the county in which he or she 2 resides or is otherwise located to reregister. The sheriff's 3 office may determine the appropriate times and days for 4 reporting by the sexual offender, which shall be consistent 5 with the reporting requirements of this paragraph. 6 Reregistration shall include any changes to the following 7 information: 8 1. Name; social security number; age; race; sex; date 9 of birth; height; weight; hair and eye color; address of any 10 permanent residence and address of any current temporary 11 residence, within the state or out of state, including a rural 12 route address and a post office box; any electronic mail 13 address and any instant message name required to be provided 14 pursuant to paragraph 4(d); date and place of any employment; 15 vehicle make, model, color, and license tag number; 16 fingerprints; and photograph. A post office box shall not be 17 provided in lieu of a physical residential address. 18 2. If the sexual offender is enrolled, employed, or 19 carrying on a vocation at an institution of higher education 20 in this state, the sexual offender shall also provide to the 21 department the name, address, and county of each institution, 22 including each campus attended, and the sexual offender's 23 enrollment or employment status. 24 3. If the sexual offender's place of residence is a 25 motor vehicle, trailer, mobile home, or manufactured home, as 26 defined in chapter 320, the sexual offender shall also provide 27 the vehicle identification number; the license tag number; the 28 registration number; and a description, including color 29 scheme, of the motor vehicle, trailer, mobile home, or 30 manufactured home. If the sexual offender's place of residence 31 is a vessel, live-aboard vessel, or houseboat, as defined in 12 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 chapter 327, the sexual offender shall also provide the hull 2 identification number; the manufacturer's serial number; the 3 name of the vessel, live-aboard vessel, or houseboat; the 4 registration number; and a description, including color 5 scheme, of the vessel, live-aboard vessel or houseboat. 6 4. Any sexual offender who fails to report in person 7 as required at the sheriff's office, or who fails to respond 8 to any address verification correspondence from the department 9 within 3 weeks of the date of the correspondence, or who fails 10 to report electronic mail addresses or instant message names, 11 commits a felony of the third degree, punishable as provided 12 in s. 775.082, s. 775.083, or s. 775.084. 13 (b) The sheriff's office shall, within 2 working days, 14 electronically submit and update all information provided by 15 the sexual offender to the department in a manner prescribed 16 by the department. This procedure shall be implemented by 17 December 1, 2005. 18 Section 9. Paragraphs (c) and (d) are added to 19 subsection (1) and paragraph (a) of subsection (3) of s. 20 944.606, Florida Statutes, is amended to read: 21 944.606 Sexual offenders; notification upon release.-- 22 (1) As used in this section: 23 (c) "Electronic mail address" has the same meaning as 24 provided in s. 668.602. 25 (d) "Instant message name" means an identifier that 26 allows a person to communicate in real-time with another 27 person using the Internet. 28 (3)(a) The department must provide information 29 regarding any sexual offender who is being released after 30 serving a period of incarceration for any offense, as follows: 31 1. The department must provide: the sexual offender's 13 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 name, any change in the offender's name by reason of marriage 2 or other legal process, and any alias, if known; the 3 correctional facility from which the sexual offender is 4 released; the sexual offender's social security number, race, 5 sex, date of birth, height, weight, and hair and eye color; 6 date and county of sentence and each crime for which the 7 offender was sentenced; a copy of the offender's fingerprints 8 and a digitized photograph taken within 60 days before 9 release; the date of release of the sexual offender; any 10 electronic mail address and any instant message name required 11 to be provided pursuant to section 943.0435(4)(d); and the 12 offender's intended residence address, if known. The 13 department shall notify the Department of Law Enforcement if 14 the sexual offender escapes, absconds, or dies. If the sexual 15 offender is in the custody of a private correctional facility, 16 the facility shall take the digitized photograph of the sexual 17 offender within 60 days before the sexual offender's release 18 and provide this photograph to the Department of Corrections 19 and also place it in the sexual offender's file. If the sexual 20 offender is in the custody of a local jail, the custodian of 21 the local jail shall notify the Department of Law Enforcement 22 of the sexual offender's release and provide to the Department 23 of Law Enforcement the information specified in this paragraph 24 and any information specified in subparagraph 2. that the 25 Department of Law Enforcement requests. 26 2. The department may provide any other information 27 deemed necessary, including criminal and corrections records, 28 nonprivileged personnel and treatment records, when available. 29 Section 10. Paragraphs (e) and (f) are added to 30 subsection (1) and subsections (4) and (13) of s. 944.607, 31 Florida Statutes, are amended to read: 14 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 944.607 Notification to Department of Law Enforcement 2 of information on sexual offenders.-- 3 (1) As used in this section, the term: 4 (e) "Electronic mail address" has the same meaning as 5 provided in s. 668.02. 6 (f) "Instant message name" means an identifier that 7 allows a person to communicate in real-time with another 8 person using the Internet. 9 (4) A sexual offender, as described in this section, 10 who is under the supervision of the Department of Corrections 11 but is not incarcerated must register with the Department of 12 Corrections and provide information as required by this 13 subsection. 14 (a) The sexual offender shall provide his or her name; 15 date of birth; social security number; race; sex; height; 16 weight; hair and eye color; tattoos or other identifying 17 marks; any electronic mail address and any instant message 18 name required to be provided pursuant to section 19 943.0435(4)(d); and permanent or legal residence and address 20 of temporary residence within the state or out of state while 21 the sexual offender is under supervision in this state, 22 including any rural route address or post office box. The 23 Department of Corrections shall verify the address of each 24 sexual offender in the manner described in ss. 775.21 and 25 943.0435. 26 (b) If the sexual offender is enrolled, employed, or 27 carrying on a vocation at an institution of higher education 28 in this state, the sexual offender shall provide the name, 29 address, and county of each institution, including each campus 30 attended, and the sexual offender's enrollment or employment 31 status. Each change in enrollment or employment status shall 15 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 be reported to the department within 48 hours after the change 2 in status. The Department of Corrections shall promptly notify 3 each institution of the sexual offender's presence and any 4 change in the sexual offender's enrollment or employment 5 status. 6 (13)(a) A sexual offender must report in person each 7 year during the month of the sexual offender's birthday and 8 during the sixth month following the sexual offender's birth 9 month to the sheriff's office in the county in which he or she 10 resides or is otherwise located to reregister. The sheriff's 11 office may determine the appropriate times and days for 12 reporting by the sexual offender, which shall be consistent 13 with the reporting requirements of this paragraph. 14 Reregistration shall include any changes to the following 15 information: 16 1. Name; social security number; age; race; sex; date 17 of birth; height; weight; hair and eye color; address of any 18 permanent residence and address of any current temporary 19 residence, within the state or out of state, including a rural 20 route address and a post office box; any electronic mail 21 address and any instant message name required to be provided 22 pursuant to section 943.0435(4)(d); date and place of any 23 employment; vehicle make, model, color, and license tag 24 number; fingerprints; and photograph. A post office box shall 25 not be provided in lieu of a physical residential address. 26 2. If the sexual offender is enrolled, employed, or 27 carrying on a vocation at an institution of higher education 28 in this state, the sexual offender shall also provide to the 29 department the name, address, and county of each institution, 30 including each campus attended, and the sexual offender's 31 enrollment or employment status. 16 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 3. If the sexual offender's place of residence is a 2 motor vehicle, trailer, mobile home, or manufactured home, as 3 defined in chapter 320, the sexual offender shall also provide 4 the vehicle identification number; the license tag number; the 5 registration number; and a description, including color 6 scheme, of the motor vehicle, trailer, mobile home, or 7 manufactured home. If the sexual offender's place of residence 8 is a vessel, live-aboard vessel, or houseboat, as defined in 9 chapter 327, the sexual offender shall also provide the hull 10 identification number; the manufacturer's serial number; the 11 name of the vessel, live-aboard vessel, or houseboat; the 12 registration number; and a description, including color 13 scheme, of the vessel, live-aboard vessel, or houseboat. 14 4. Any sexual offender who fails to report in person 15 as required at the sheriff's office, or who fails to respond 16 to any address verification correspondence from the department 17 within 3 weeks of the date of the correspondence, or who fails 18 to report electronic mail addresses or instant message names 19 commits a felony of the third degree, punishable as provided 20 in s. 775.082, s. 775.083, and s. 775.084. 21 (b) The sheriff's office shall, within 2 working days, 22 electronically submit and update all information provided by 23 the sexual offender to the Florida Department of Law 24 Enforcement in a manner prescribed by the Florida Department 25 of Law Enforcement. This procedure shall be implemented by 26 December 1, 2005. 27 Section 11. In the express interest of the protection 28 of citizens, particularly children, who utilize the Internet, 29 it is the intent of the Legislature that the collection and 30 distribution of the electronic mail address and instant 31 message name information of sexual predators and sexual 17 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 offenders be maintained and distributed in a manner to 2 maximize public safety benefits while minimizing and avoiding 3 to the greatest extent possible any use of this information 4 for any illegal purposes including harassment and networking 5 among individuals for illegal purposes. Additionally, care 6 should be taken in the distribution of this information to 7 avoid circumstances which allow ready access to such 8 information by minors. 9 Section 12. Section 943.0437, Florida Statutes, is 10 created to read: 11 943.0437.--Commercial social networking websites 12 (1) For the purpose of this section, the term 13 "commercial social networking website" means a commercially 14 operated internet website that allows users to create web 15 pages or profiles that provide information about themselves 16 and are available publicly or to other users and that offers a 17 mechanism for communication with other users, such as a forum, 18 chat room, electronic mail or instant messenger. 19 (2) The Department of Law Enforcement may provide 20 information relating to electronic mail addresses and instant 21 message names maintained as part of the sexual offender 22 registry to commercial social networking websites or third 23 parties designated by commercial social networking websites. 24 The commercial social networking website may use this 25 information for the purpose of comparing registered users and 26 screening potential users of the commercial social networking 27 website against the list of electronic mail addresses and 28 instant message names provided by the department. 29 (3) This section shall not be construed to impose any 30 civil liability on a commercial social networking website for: 31 (a) Any action taken by a registered user whose 18 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 electronic mail address or instant message name is contained 2 in the sexual offender registry. 3 (b) Any action voluntarily taken in good faith to 4 remove or disable any profile of a registered user associated 5 with an electronic mail address or instant message name 6 contained in the sexual offender registry. 7 (c) Any action taken to restrict access by such 8 registered user to the commercial social networking website. 9 Section 13. This act shall take effect October 1, 10 2007. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 On page 2, line 11, after the semi-colon 16 17 insert: 18 amending s. 775.21; providing definitions; 19 requiring sexual predators to include certain 20 information during the registration process; 21 requiring sexual predators to report changes in 22 certain information; requiring sexual predators 23 to include certain information during the 24 reregistration process; providing penalties for 25 failing to provide certain information; 26 amending s. 943.0435; providing definitions; 27 requiring sexual offenders to include certain 28 information during the registration process; 29 requiring sexual offenders to report changes in 30 certain information; requiring sexual offenders 31 to include certain information during the 19 11:19 AM 02/21/07 s1004.ja03.00i
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1004 Barcode 292138 1 reregistration process; amending s. 944.606; 2 providing definitions; requiring the Department 3 of Corrections to provide certain information 4 regarding sexual offenders who are being 5 released after serving a period of 6 incarceration to certain entities; amending s. 7 944.607; providing definitions; requiring 8 sexual offenders under the supervision of the 9 Department of Corrections to include certain 10 information during the registration process; 11 requiring sexual offenders to include certain 12 information during the reregistration process; 13 providing legislative intent; creating s. 14 943.0437; defining commercial social networking 15 website; authorizing the Florida Department of 16 Law Enforcement to provide electronic mail 17 addresses and instant message names of certain 18 offenders to commercial social networking 19 websites; 20 21 22 23 24 25 26 27 28 29 30 31 20 11:19 AM 02/21/07 s1004.ja03.00i