Senate Bill sb1004e1

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    CS for SB 1004                           First Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to criminal justice; providing

  3         a short title; amending s. 16.56, F.S.;

  4         expanding the jurisdiction of the Office of

  5         Statewide Prosecution to investigate and

  6         prosecute additional offenses related to

  7         computer pornography and child exploitation;

  8         providing that, for the purpose of the office's

  9         jurisdiction, any crime facilitated by or

10         connected to the use of the Internet in one

11         judicial circuit is deemed a crime occurring

12         simultaneously in every judicial circuit within

13         the state; creating s. 775.0847, F.S.;

14         providing definitions; requiring that penalties

15         imposed for violating certain statutes be

16         reclassified to the next higher degree if

17         certain specified conditions are satisfied;

18         amending s. 775.21, F.S.; providing

19         definitions; requiring sexual predators to

20         include certain information during the

21         registration process; requiring sexual

22         predators to report changes in certain

23         information; requiring sexual predators to

24         include certain information during the

25         reregistration process; requiring the

26         Department of Law Enforcement to create a

27         method for secure on-line registration of

28         certain information; providing penalties for

29         failing to provide certain information;

30         amending s. 827.071, F.S.; clarifying that

31         certain provisions do not prohibit a state


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    CS for SB 1004                           First Engrossed (ntc)



 1         attorney or the Office of Statewide Prosecution

 2         from prosecuting a person for violating other

 3         laws of the state; amending s. 847.0135, F.S.;

 4         prohibiting certain uses of computer services

 5         to seduce or lure a child, or a child's parent,

 6         guardian, or custodian, to participate in an

 7         illegal act; prohibiting a person from

 8         traveling to meet a child in order to engage in

 9         illegal sexual activity proscribed by law;

10         amending s. 905.34, F.S.; expanding the subject

11         matter jurisdiction of the statewide grand jury

12         to include certain additional offenses related

13         to computer pornography and child exploitation;

14         providing that, for the purpose of the grand

15         jury's jurisdiction, a crime facilitated by or

16         connected to the use of the Internet in one

17         judicial circuit is deemed a crime occurring

18         simultaneously in every judicial circuit within

19         the state; amending s. 910.15, F.S.; describing

20         the options for choosing the proper venue when

21         a crime is facilitated by communication through

22         use of the mail, telephone, newspaper, radio,

23         television, Internet, or another means of

24         electronic data communication; amending s.

25         921.0022, F.S., relating to the offense

26         severity ranking chart of the Criminal

27         Punishment Code; ranking the offense created in

28         s. 847.0135, F.S.; amending s. 943.0435, F.S.;

29         providing definitions; requiring sexual

30         offenders to include certain information during

31         the registration process; requiring sexual


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    CS for SB 1004                           First Engrossed (ntc)



 1         offenders to report changes in certain

 2         information; requiring sexual offenders to

 3         include certain information during the

 4         reregistration process; requiring the

 5         Department of Law Enforcement to create a

 6         method for secure on-line registration of

 7         certain information; providing penalties for

 8         failing to provide certain information;

 9         providing legislative intent with respect to

10         the maintenance and distribution of electronic

11         mail addresses and instant message names;

12         creating s. 943.0437, F.S.; defining the term

13         "commercial social networking website";

14         authorizing the Department of Law Enforcement

15         to provide electronic mail addresses and

16         instant message names of certain offenders to

17         commercial social networking websites; amending

18         s. 944.606, F.S.; providing definitions;

19         requiring the Department of Corrections to

20         provide certain information regarding sexual

21         offenders who are being released after serving

22         a period of incarceration to certain entities;

23         amending s. 944.607, F.S.; providing

24         definitions; requiring sexual offenders under

25         the supervision of the Department of

26         Corrections to include certain information

27         during the registration process; requiring

28         sexual offenders to include certain information

29         during the reregistration process; providing an

30         appropriation and authorizing additional

31         positions; providing an effective date.


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    CS for SB 1004                           First Engrossed (ntc)



 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  This act may be cited as the "Cybercrimes

 4  Against Children Act."

 5         Section 2.  Effective October 1, 2007, subsection (1)

 6  of section 16.56, Florida Statutes, is amended to read:

 7         16.56  Office of Statewide Prosecution.--

 8         (1)  There is created in the Department of Legal

 9  Affairs an Office of Statewide Prosecution. The office shall

10  be a separate "budget entity" as that term is defined in

11  chapter 216. The office may:

12         (a)  Investigate and prosecute the offenses of:

13         1.  Bribery, burglary, criminal usury, extortion,

14  gambling, kidnapping, larceny, murder, prostitution, perjury,

15  robbery, carjacking, and home-invasion robbery;

16         2.  Any crime involving narcotic or other dangerous

17  drugs;

18         3.  Any violation of the provisions of the Florida RICO

19  (Racketeer Influenced and Corrupt Organization) Act, including

20  any offense listed in the definition of racketeering activity

21  in s. 895.02(1)(a), providing the such listed offense is

22  investigated in connection with a violation of s. 895.03 and

23  is charged in a separate count of an information or indictment

24  containing a count charging a violation of s. 895.03, the

25  prosecution of which listed offense may continue independently

26  if the prosecution of the violation of s. 895.03 is terminated

27  for any reason;

28         4.  Any violation of the provisions of the Florida

29  Anti-Fencing Act;

30         5.  Any violation of the provisions of the Florida

31  Antitrust Act of 1980, as amended;


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    CS for SB 1004                           First Engrossed (ntc)



 1         6.  Any crime involving, or resulting in, fraud or

 2  deceit upon any person;

 3         7.  Any violation of s. 847.0135, relating to computer

 4  pornography and child exploitation prevention, or any offense

 5  related to a violation of s. 847.0135, or any violation of

 6  chapter 827 if the crime was facilitated by or connected to

 7  the use of the Internet or any device capable of electronic

 8  data storage or transmission;

 9         8.  Any violation of the provisions of chapter 815;

10         9.  Any criminal violation of part I of chapter 499;

11         10.  Any violation of the provisions of the Florida

12  Motor Fuel Tax Relief Act of 2004;

13         11.  Any criminal violation of s. 409.920 or s.

14  409.9201; or

15         12.  Any crime involving voter registration, voting, or

16  candidate or issue petition activities;

17  

18  or any attempt, solicitation, or conspiracy to commit any of

19  the crimes specifically enumerated above. The office shall

20  have such power only when any such offense is occurring, or

21  has occurred, in two or more judicial circuits as part of a

22  related transaction, or when any such offense is connected

23  with an organized criminal conspiracy affecting two or more

24  judicial circuits.

25         (b)  Investigate and prosecute any crime facilitated by

26  or connected to the use of the Internet. Any such crime is a

27  crime occurring in every judicial circuit within the state.

28         (c)(b)  Upon request, cooperate with and assist state

29  attorneys and state and local law enforcement officials in

30  their efforts against organized crimes.

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1         (d)(c)  Request and receive from any department,

 2  division, board, bureau, commission, or other agency of the

 3  state, or of any political subdivision thereof, cooperation

 4  and assistance in the performance of its duties.

 5         Section 3.  Effective October 1, 2007, section

 6  775.0847, Florida Statutes, is created to read:

 7         775.0847  Possession or promotion of certain images of

 8  child pornography; reclassification.--

 9         (1)  As used in this section, the term:

10         (a)  "Child" means any person, whose identity is known

11  or unknown, younger than 18 years of age.

12         (b)  "Child pornography" means any image depicting a

13  minor engaged in sexual conduct.

14         (c)  "Sadomasochistic abuse" means flagellation or

15  torture by or upon a person or the condition of being

16  fettered, bound, or otherwise physically restrained, for the

17  purpose of deriving sexual satisfaction, or satisfaction

18  brought about as a result of sadistic violence, from

19  inflicting harm on another or receiving such harm oneself.

20         (d)  "Sexual battery" means oral, anal, or vaginal

21  penetration by, or union with, the sexual organ of another or

22  the anal or vaginal penetration of another by any other

23  object. Sexual battery does not include an act done for a bona

24  fide medical purpose.

25         (e)  "Sexual bestiality" means any sexual act, actual

26  or simulated, between a person and an animal involving the sex

27  organ of the one and the mouth, anus, or vagina of the other.

28         (f)  "Sexual conduct" means actual or simulated sexual

29  intercourse, deviate sexual intercourse, sexual bestiality,

30  masturbation, or sadomasochistic abuse; actual lewd exhibition

31  of the genitals; actual physical contact with a person's


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    CS for SB 1004                           First Engrossed (ntc)



 1  clothed or unclothed genitals, pubic area, buttocks, or, if

 2  such person is a female, breast with the intent to arouse or

 3  gratify the sexual desire of either party; or any act or

 4  conduct which constitutes sexual battery or simulates that

 5  sexual battery is being or will be committed. A mother's

 6  breastfeeding of her baby does not under any circumstance

 7  constitute "sexual conduct."

 8         (2)  A violation of s. 827.071, s. 847.0135, s.

 9  847.0137, or s. 847.0138 shall be reclassified to the next

10  higher degree as provided in subsection (3) if:

11         (a)  The offender possesses 10 or more images of any

12  form of child pornography regardless of content; and

13         (b)  The content of at least one image contains one or

14  more of the following:

15         1.  A child who is younger than the age of 5.

16         2.  Sadomasochistic abuse involving a child.

17         3.  Sexual battery involving a child.

18         4.  Sexual bestiality involving a child.

19         5.  Any movie involving a child, regardless of length

20  and regardless of whether the movie contains sound.

21         (3)(a)  In the case of a felony of the third degree,

22  the offense is reclassified to a felony of the second degree.

23         (b)  In the case of a felony of the second degree, the

24  offense is reclassified to a felony of the first degree.

25  

26  For purposes of sentencing under chapter 921, a felony offense

27  that is reclassified under this subsection is ranked one level

28  above the ranking under s. 921.0022 or s. 921.0023 of the

29  offense committed.

30         Section 4.  Effective October 1, 2007, paragraphs (j)

31  and (k) are added to subsection (2) of section 775.21, Florida


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    CS for SB 1004                           First Engrossed (ntc)



 1  Statutes, and paragraphs (a), (e), and (g) of subsection (6),

 2  subsection (8), and paragraph (a) of subsection (10) of that

 3  section are amended, to read:

 4         775.21  The Florida Sexual Predators Act.--

 5         (2)  DEFINITIONS.--As used in this section, the term:

 6         (j)  "Electronic mail address" has the same meaning as

 7  in s. 668.602.

 8         (k)  "Instant message name" means an identifier that

 9  allows a person to communicate in real time with another

10  person using the Internet.

11         (6)  REGISTRATION.--

12         (a)  A sexual predator must register with the

13  department by providing the following information to the

14  department:

15         1.  Name, social security number, age, race, sex, date

16  of birth, height, weight, hair and eye color, photograph,

17  address of legal residence and address of any current

18  temporary residence, within the state or out of state,

19  including a rural route address and a post office box, any

20  electronic mail address and any instant message name required

21  to be provided pursuant to subparagraph (g)4., date and place

22  of any employment, date and place of each conviction,

23  fingerprints, and a brief description of the crime or crimes

24  committed by the offender. A post office box shall not be

25  provided in lieu of a physical residential address.

26         a.  If the sexual predator's place of residence is a

27  motor vehicle, trailer, mobile home, or manufactured home, as

28  defined in chapter 320, the sexual predator shall also provide

29  to the department written notice of the vehicle identification

30  number; the license tag number; the registration number; and a

31  description, including color scheme, of the motor vehicle,


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    CS for SB 1004                           First Engrossed (ntc)



 1  trailer, mobile home, or manufactured home. If a sexual

 2  predator's place of residence is a vessel, live-aboard vessel,

 3  or houseboat, as defined in chapter 327, the sexual predator

 4  shall also provide to the department written notice of the

 5  hull identification number; the manufacturer's serial number;

 6  the name of the vessel, live-aboard vessel, or houseboat; the

 7  registration number; and a description, including color

 8  scheme, of the vessel, live-aboard vessel, or houseboat.

 9         b.  If the sexual predator is enrolled, employed, or

10  carrying on a vocation at an institution of higher education

11  in this state, the sexual predator shall also provide to the

12  department the name, address, and county of each institution,

13  including each campus attended, and the sexual predator's

14  enrollment or employment status. Each change in enrollment or

15  employment status shall be reported in person at the sheriff's

16  office, or the Department of Corrections if the sexual

17  predator is in the custody or control of or under the

18  supervision of the Department of Corrections, within 48 hours

19  after any change in status. The sheriff or the Department of

20  Corrections shall promptly notify each institution of the

21  sexual predator's presence and any change in the sexual

22  predator's enrollment or employment status.

23         2.  Any other information determined necessary by the

24  department, including criminal and corrections records;

25  nonprivileged personnel and treatment records; and evidentiary

26  genetic markers when available.

27         (e)  If the sexual predator is not in the custody or

28  control of, or under the supervision of, the Department of

29  Corrections, or is not in the custody of a private

30  correctional facility, and establishes or maintains a

31  residence in the state, the sexual predator shall register in


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    CS for SB 1004                           First Engrossed (ntc)



 1  person at the sheriff's office in the county in which the

 2  predator establishes or maintains a residence, within 48 hours

 3  after establishing permanent or temporary residence in this

 4  state. Any change in the sexual predator's permanent or

 5  temporary residence, or name, or electronic mail address or

 6  instant message name required to be provided pursuant to

 7  subparagraph (g)4., after the sexual predator registers in

 8  person at the sheriff's office, shall be accomplished in the

 9  manner provided in paragraphs (g), (i), and (j). When a sexual

10  predator registers with the sheriff's office, the sheriff

11  shall take a photograph and a set of fingerprints of the

12  predator and forward the photographs and fingerprints to the

13  department, along with the information that the predator is

14  required to provide pursuant to this section.

15         (g)1.  Each time a sexual predator's driver's license

16  or identification card is subject to renewal, and, without

17  regard to the status of the predator's driver's license or

18  identification card, within 48 hours after any change of the

19  predator's residence or change in the predator's name by

20  reason of marriage or other legal process, the predator shall

21  report in person to a driver's license office and shall be

22  subject to the requirements specified in paragraph (f). The

23  Department of Highway Safety and Motor Vehicles shall forward

24  to the department and to the Department of Corrections all

25  photographs and information provided by sexual predators.

26  Notwithstanding the restrictions set forth in s. 322.142, the

27  Department of Highway Safety and Motor Vehicles is authorized

28  to release a reproduction of a color-photograph or

29  digital-image license to the Department of Law Enforcement for

30  purposes of public notification of sexual predators as

31  provided in this section.


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    CS for SB 1004                           First Engrossed (ntc)



 1         2.  A sexual predator who vacates a permanent residence

 2  and fails to establish or maintain another permanent or

 3  temporary residence shall, within 48 hours after vacating the

 4  permanent residence, report in person to the sheriff's office

 5  of the county in which he or she is located. The sexual

 6  predator shall specify the date upon which he or she intends

 7  to or did vacate such residence. The sexual predator must

 8  provide or update all of the registration information required

 9  under paragraph (a). The sexual predator must provide an

10  address for the residence or other location that he or she is

11  or will be occupying during the time in which he or she fails

12  to establish or maintain a permanent or temporary residence.

13         3.  A sexual predator who remains at a permanent

14  residence after reporting his or her intent to vacate such

15  residence shall, within 48 hours after the date upon which the

16  predator indicated he or she would or did vacate such

17  residence, report in person to the sheriff's office to which

18  he or she reported pursuant to subparagraph 2. for the purpose

19  of reporting his or her address at such residence. When the

20  sheriff receives the report, the sheriff shall promptly convey

21  the information to the department. An offender who makes a

22  report as required under subparagraph 2. but fails to make a

23  report as required under this subparagraph commits a felony of

24  the second degree, punishable as provided in s. 775.082, s.

25  775.083, or s. 775.084.

26         4.  A sexual predator must register any electronic mail

27  address or instant message name with the department prior to

28  using such electronic mail address or instant message name on

29  or after October 1, 2007. The department shall establish an

30  on-line system through which sexual predators may securely

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1  access and update all electronic mail address and instant

 2  message name information.

 3         (8)  VERIFICATION.--The department and the Department

 4  of Corrections shall implement a system for verifying the

 5  addresses of sexual predators. The system must be consistent

 6  with the provisions of the federal Jacob Wetterling Act, as

 7  amended, and any other federal standards applicable to such

 8  verification or required to be met as a condition for the

 9  receipt of federal funds by the state. The Department of

10  Corrections shall verify the addresses of sexual predators who

11  are not incarcerated but who reside in the community under the

12  supervision of the Department of Corrections. County and local

13  law enforcement agencies, in conjunction with the department,

14  shall verify the addresses of sexual predators who are not

15  under the care, custody, control, or supervision of the

16  Department of Corrections.

17         (a)  A sexual predator must report in person each year

18  during the month of the sexual predator's birthday and during

19  the sixth month following the sexual predator's birth month to

20  the sheriff's office in the county in which he or she resides

21  or is otherwise located to reregister. The sheriff's office

22  may determine the appropriate times and days for reporting by

23  the sexual predator, which shall be consistent with the

24  reporting requirements of this paragraph. Reregistration shall

25  include any changes to the following information:

26         1.  Name; social security number; age; race; sex; date

27  of birth; height; weight; hair and eye color; address of any

28  permanent residence and address of any current temporary

29  residence, within the state or out of state, including a rural

30  route address and a post office box; any electronic mail

31  address and any instant message name required to be provided


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    CS for SB 1004                           First Engrossed (ntc)



 1  pursuant to subparagraph (6)(g)4.; date and place of any

 2  employment; vehicle make, model, color, and license tag

 3  number; fingerprints; and photograph. A post office box shall

 4  not be provided in lieu of a physical residential address.

 5         2.  If the sexual predator is enrolled, employed, or

 6  carrying on a vocation at an institution of higher education

 7  in this state, the sexual predator shall also provide to the

 8  department the name, address, and county of each institution,

 9  including each campus attended, and the sexual predator's

10  enrollment or employment status.

11         3.  If the sexual predator's place of residence is a

12  motor vehicle, trailer, mobile home, or manufactured home, as

13  defined in chapter 320, the sexual predator shall also provide

14  the vehicle identification number; the license tag number; the

15  registration number; and a description, including color

16  scheme, of the motor vehicle, trailer, mobile home, or

17  manufactured home. If the sexual predator's place of residence

18  is a vessel, live-aboard vessel, or houseboat, as defined in

19  chapter 327, the sexual predator shall also provide the hull

20  identification number; the manufacturer's serial number; the

21  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         (b)  The sheriff's office shall, within 2 working days,

25  electronically submit and update all information provided by

26  the sexual predator to the department in a manner prescribed

27  by the department. This procedure shall be implemented by

28  December 1, 2005.

29         (10)  PENALTIES.--

30         (a)  Except as otherwise specifically provided, a

31  sexual predator who fails to register; who fails, after


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    CS for SB 1004                           First Engrossed (ntc)



 1  registration, to maintain, acquire, or renew a driver's

 2  license or identification card; who fails to provide required

 3  location information, electronic mail address information,

 4  instant message name information, or change-of-name

 5  information; who fails to make a required report in connection

 6  with vacating a permanent residence; who fails to reregister

 7  as required; who fails to respond to any address verification

 8  correspondence from the department within 3 weeks of the date

 9  of the correspondence; or who otherwise fails, by act or

10  omission, to comply with the requirements of this section,

11  commits a felony of the third degree, punishable as provided

12  in s. 775.082, s. 775.083, or s. 775.084.

13         Section 5.  Effective October 1, 2007, subsection (6)

14  is added to section 827.071, Florida Statutes, to read:

15         827.071  Sexual performance by a child; penalties.--

16         (6)  This section does not prohibit a state attorney or

17  the Office of Statewide Prosecution from prosecuting a person

18  in this state for violating any other law of this state,

19  including a law providing for greater penalties than

20  prescribed in this section.

21         Section 6.  Effective October 1, 2007, section

22  847.0135, Florida Statutes, is amended to read:

23         847.0135  Computer pornography; traveling to meet a

24  minor; penalties.--

25         (1)  SHORT TITLE.--This section may shall be known and

26  may be cited as the "Computer Pornography and Child

27  Exploitation Prevention Act of 1986."

28         (2)  COMPUTER PORNOGRAPHY.--A person who:

29         (a)  Knowingly compiles, enters into, or transmits by

30  use of computer;

31  


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 1         (b)  Makes, prints, publishes, or reproduces by other

 2  computerized means;

 3         (c)  Knowingly causes or allows to be entered into or

 4  transmitted by use of computer; or

 5         (d)  Buys, sells, receives, exchanges, or disseminates,

 6  

 7  any notice, statement, or advertisement of any minor's name,

 8  telephone number, place of residence, physical

 9  characteristics, or other descriptive or identifying

10  information for purposes of facilitating, encouraging,

11  offering, or soliciting sexual conduct of or with any minor,

12  or the visual depiction of such conduct, commits a felony of

13  the third degree, punishable as provided in s. 775.082, s.

14  775.083, or s. 775.084. The fact that an undercover operative

15  or law enforcement officer was involved in the detection and

16  investigation of an offense under this section does shall not

17  constitute a defense to a prosecution under this section.

18         (3)  CERTAIN USES OF COMPUTER SERVICES PROHIBITED.--Any

19  person who knowingly uses utilizes a computer on-line service,

20  Internet service, or local bulletin board service, or any

21  other device capable of electronic data storage or

22  transmission to:

23         (a)  Seduce, solicit, lure, or entice, or attempt to

24  seduce, solicit, lure, or entice, a child or another person

25  believed by the person to be a child, to commit any illegal

26  act described in chapter 794, relating to sexual battery;

27  chapter 800, relating to lewdness and indecent exposure; or

28  chapter 827, or to otherwise engage in any unlawful sexual

29  conduct with a child or with another person believed by the

30  person to be a child; or

31  


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 1         (b)  Solicit, lure, or entice, or attempt to solicit,

 2  lure, or entice, a parent, legal guardian, or custodian of a

 3  child, or a person believed to be a parent, legal guardian, or

 4  custodian of a child, to consent to the participation of such

 5  child in any act described in chapter 794, chapter 800, or

 6  chapter 827, or to otherwise engage in any sexual conduct,

 7  

 8  relating to child abuse, commits a felony of the third degree,

 9  punishable as provided in s. 775.082, s. 775.083, or s.

10  775.084. Any person who, in violating this subsection,

11  misrepresents his or her age, commits a felony of the second

12  degree, punishable as provided in s. 775.082, s. 775.083, or

13  s. 775.084. Each separate use of a computer on-line service,

14  Internet service, local bulletin board service, or any other

15  device capable of electronic data storage or transmission

16  wherein an offense described in this section is committed may

17  be charged as a separate offense.

18         (4)  TRAVELING TO MEET A MINOR.--Any person who travels

19  any distance within this state, to this state, or from this

20  state, by any means, who attempts to do so, or who causes

21  another to do so or attempt to do so, for the purpose of

22  engaging in any illegal act described in chapter 794, chapter

23  800, or chapter 827, or to otherwise engage in any other

24  unlawful sexual conduct with a child, or with another person

25  believed by the person to be a child, after using a computer

26  on-line service, Internet service, local bulletin board

27  service, or any other device capable of electronic data

28  storage or transmission to:

29         (a)  Seduce, solicit, lure, or entice, or attempt to

30  seduce, solicit, lure, or entice, a child, or another person

31  believed by the person to be a child, to engage in any illegal


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    CS for SB 1004                           First Engrossed (ntc)



 1  act described in chapter 794, chapter 800, or chapter 827, or

 2  to otherwise engage in other unlawful sexual conduct with a

 3  child; or

 4         (b)  Solicit, lure, or entice, or attempt to solicit,

 5  lure, or entice, a parent, legal guardian, or custodian of a

 6  child, or a person believed to be a parent, legal guardian, or

 7  custodian or a child, to consent to the participation of such

 8  child in any act described in chapter 794, chapter 800, or

 9  chapter 827, or to otherwise engage in any sexual conduct,

10  

11  commits a felony of the second degree, punishable as provided

12  in s. 775.082, s. 775.083, or s. 775.084.

13         (5)(4)  OWNERS OR OPERATORS OF COMPUTER SERVICES

14  LIABLE.--It is unlawful for any owner or operator of a

15  computer on-line service, Internet service, or local bulletin

16  board service knowingly to permit a subscriber to use utilize

17  the service to commit a violation of this section.  Any person

18  who violates this section commits a misdemeanor of the first

19  degree, punishable by a fine not exceeding $2,000.

20         (6)(5)  STATE CRIMINAL JURISDICTION.--

21         (a)  A person is subject to prosecution in this state

22  pursuant to chapter 910 for any conduct proscribed by this

23  section which the person engages in, while either within or

24  outside this state, if by such conduct the person commits a

25  violation of this section involving a child or a child's

26  guardian residing in this state, or another person believed by

27  the person to be a child or a child's guardian residing in

28  this state.

29         (b)  This section does not prohibit a state attorney or

30  the Office of Statewide Prosecution from prosecuting a person

31  in this state for violating any other law of this state,


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    CS for SB 1004                           First Engrossed (ntc)



 1  including a law providing for greater penalties than

 2  prescribed in this section.

 3         Section 7.  Effective October 1, 2007, section 905.34,

 4  Florida Statutes, is amended to read:

 5         905.34  Powers and duties; law applicable.--The

 6  jurisdiction of a statewide grand jury impaneled under this

 7  chapter shall extend throughout the state. The subject matter

 8  jurisdiction of the statewide grand jury shall be limited to

 9  the offenses of:

10         (1)  Bribery, burglary, carjacking, home-invasion

11  robbery, criminal usury, extortion, gambling, kidnapping,

12  larceny, murder, prostitution, perjury, and robbery;

13         (2)  Crimes involving narcotic or other dangerous

14  drugs;

15         (3)  Any violation of the provisions of the Florida

16  RICO (Racketeer Influenced and Corrupt Organization) Act,

17  including any offense listed in the definition of racketeering

18  activity in s. 895.02(1)(a), providing such listed offense is

19  investigated in connection with a violation of s. 895.03 and

20  is charged in a separate count of an information or indictment

21  containing a count charging a violation of s. 895.03, the

22  prosecution of which listed offense may continue independently

23  if the prosecution of the violation of s. 895.03 is terminated

24  for any reason;

25         (4)  Any violation of the provisions of the Florida

26  Anti-Fencing Act;

27         (5)  Any violation of the provisions of the Florida

28  Antitrust Act of 1980, as amended;

29         (6)  Any violation of the provisions of chapter 815;

30         (7)  Any crime involving, or resulting in, fraud or

31  deceit upon any person;


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    CS for SB 1004                           First Engrossed (ntc)



 1         (8)  Any violation of s. 847.0135, s. 847.0137, or s.

 2  847.0138 relating to computer pornography and child

 3  exploitation prevention, or any offense related to a violation

 4  of s. 847.0135, s. 847.0137, or s. 847.0138, or any violation

 5  of chapter 827 if the crime was facilitated by or connected to

 6  the use of the Internet or any device capable of electronic

 7  data storage or transmission;

 8         (9)  Any criminal violation of part I of chapter 499;

 9  or

10         (10)  Any criminal violation of s. 409.920 or s.

11  409.9201;

12  

13  or any attempt, solicitation, or conspiracy to commit any

14  violation of the crimes specifically enumerated above, when

15  any such offense is occurring, or has occurred, in two or more

16  judicial circuits as part of a related transaction or when any

17  such offense is connected with an organized criminal

18  conspiracy affecting two or more judicial circuits. Any crime

19  facilitated by or connected to the use of the Internet in one

20  judicial circuit is deemed a crime occurring simultaneously in

21  every judicial circuit within the state. The statewide grand

22  jury may return indictments and presentments irrespective of

23  the county or judicial circuit where the offense is committed

24  or triable.  If an indictment is returned, it shall be

25  certified and transferred for trial to the county where the

26  offense was committed.  The powers and duties of, and law

27  applicable to, county grand juries shall apply to a statewide

28  grand jury except when such powers, duties, and law are

29  inconsistent with the provisions of ss. 905.31-905.40.

30         Section 8.  Effective October 1, 2007, section 910.15,

31  Florida Statutes, is amended to read:


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    CS for SB 1004                           First Engrossed (ntc)



 1         910.15  Crimes facilitated by Theft and fraudulent

 2  practices concerning communication systems.--

 3         (1)  A person charged with committing a crime

 4  facilitated by a communication through use of the mail,

 5  telephone, newspaper, radio, television, Internet, or another

 6  means of electronic data communication,:

 7         (a)  A fraudulent practice in a manner in which it may

 8  reasonably be assumed that a communication made to facilitate

 9  the fraudulent practice, or a false or misleading

10  representation, could or would be disseminated across

11  jurisdictional lines; or

12         (b)  A theft involving the use of the mail, telephone,

13  newspaper, radio, television, or other means of communication,

14  

15  may be tried in the county in which the dissemination

16  originated, in which the dissemination was made, or in which

17  any act necessary to consummate the offense occurred.

18         (2)  For purposes of this section, if a communication

19  is made by or made available through the use of the Internet,

20  the communication was made in every county within the state.

21         Section 9.  Effective October 1, 2007, paragraph (g) of

22  subsection (3) of section 921.0022, Florida Statutes, is

23  amended to read:

24         921.0022  Criminal Punishment Code; offense severity

25  ranking chart.--

26         (3)  OFFENSE SEVERITY RANKING CHART

27  

28  Florida           Felony

29  Statute           Degree             Description

30  

31                     


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    CS for SB 1004                           First Engrossed (ntc)



 1                              (g)  LEVEL 7

 2  316.027(1)(b)      1st      Accident involving death, failure

 3                              to stop; leaving scene.

 4  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 5                              injury.

 6  316.1935(3)(b)     1st      Causing serious bodily injury or

 7                              death to another person; driving

 8                              at high speed or with wanton

 9                              disregard for safety while

10                              fleeing or attempting to elude

11                              law enforcement officer who is in

12                              a patrol vehicle with siren and

13                              lights activated.

14  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

15                              bodily injury.

16  402.319(2)         2nd      Misrepresentation and negligence

17                              or intentional act resulting in

18                              great bodily harm, permanent

19                              disfiguration, permanent

20                              disability, or death.

21  409.920(2)         3rd      Medicaid provider fraud.

22  456.065(2)         3rd      Practicing a health care

23                              profession without a license.

24  456.065(2)         2nd      Practicing a health care

25                              profession without a license

26                              which results in serious bodily

27                              injury.

28  458.327(1)         3rd      Practicing medicine without a

29                              license.

30  459.013(1)         3rd      Practicing osteopathic medicine

31                              without a license.


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    CS for SB 1004                           First Engrossed (ntc)



 1  460.411(1)         3rd      Practicing chiropractic medicine

 2                              without a license.

 3  461.012(1)         3rd      Practicing podiatric medicine

 4                              without a license.

 5  462.17             3rd      Practicing naturopathy without a

 6                              license.

 7  463.015(1)         3rd      Practicing optometry without a

 8                              license.

 9  464.016(1)         3rd      Practicing nursing without a

10                              license.

11  465.015(2)         3rd      Practicing pharmacy without a

12                              license.

13  466.026(1)         3rd      Practicing dentistry or dental

14                              hygiene without a license.

15  467.201            3rd      Practicing midwifery without a

16                              license.

17  468.366            3rd      Delivering respiratory care

18                              services without a license.

19  483.828(1)         3rd      Practicing as clinical laboratory

20                              personnel without a license.

21  483.901(9)         3rd      Practicing medical physics

22                              without a license.

23  484.013(1)(c)      3rd      Preparing or dispensing optical

24                              devices without a prescription.

25  484.053            3rd      Dispensing hearing aids without a

26                              license.

27  

28  

29  

30  

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1  494.0018(2)        1st      Conviction of any violation of

 2                              ss. 494.001-494.0077 in which the

 3                              total money and property

 4                              unlawfully obtained exceeded

 5                              $50,000 and there were five or

 6                              more victims.

 7  560.123(8)(b)1.    3rd      Failure to report currency or

 8                              payment instruments exceeding

 9                              $300 but less than $20,000 by

10                              money transmitter.

11  560.125(5)(a)      3rd      Money transmitter business by

12                              unauthorized person, currency or

13                              payment instruments exceeding

14                              $300 but less than $20,000.

15  655.50(10)(b)1.    3rd      Failure to report financial

16                              transactions exceeding $300 but

17                              less than $20,000 by financial

18                              institution.

19  775.21(10)(a)      3rd      Sexual predator; failure to

20                              register; failure to renew

21                              driver's license or

22                              identification card; other

23                              registration violations.

24  775.21(10)(b)      3rd      Sexual predator working where

25                              children regularly congregate.

26  775.21(10)(g)      3rd      Failure to report or providing

27                              false information about a sexual

28                              predator; harbor or conceal a

29                              sexual predator.

30  

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1  782.051(3)         2nd      Attempted felony murder of a

 2                              person by a person other than the

 3                              perpetrator or the perpetrator of

 4                              an attempted felony.

 5  782.07(1)          2nd      Killing of a human being by the

 6                              act, procurement, or culpable

 7                              negligence of another

 8                              (manslaughter).

 9  782.071            2nd      Killing of human being or viable

10                              fetus by the operation of a motor

11                              vehicle in a reckless manner

12                              (vehicular homicide).

13  782.072            2nd      Killing of a human being by the

14                              operation of a vessel in a

15                              reckless manner (vessel

16                              homicide).

17  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

18                              causing great bodily harm or

19                              disfigurement.

20  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

21                              weapon.

22  784.045(1)(b)      2nd      Aggravated battery; perpetrator

23                              aware victim pregnant.

24  784.048(4)         3rd      Aggravated stalking; violation of

25                              injunction or court order.

26  784.048(7)         3rd      Aggravated stalking; violation of

27                              court order.

28  784.07(2)(d)       1st      Aggravated battery on law

29                              enforcement officer.

30  784.074(1)(a)      1st      Aggravated battery on sexually

31                              violent predators facility staff.


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    CS for SB 1004                           First Engrossed (ntc)



 1  784.08(2)(a)       1st      Aggravated battery on a person 65

 2                              years of age or older.

 3  784.081(1)         1st      Aggravated battery on specified

 4                              official or employee.

 5  784.082(1)         1st      Aggravated battery by detained

 6                              person on visitor or other

 7                              detainee.

 8  784.083(1)         1st      Aggravated battery on code

 9                              inspector.

10  790.07(4)          1st      Specified weapons violation

11                              subsequent to previous conviction

12                              of s. 790.07(1) or (2).

13  790.16(1)          1st      Discharge of a machine gun under

14                              specified circumstances.

15  790.165(2)         2nd      Manufacture, sell, possess, or

16                              deliver hoax bomb.

17  790.165(3)         2nd      Possessing, displaying, or

18                              threatening to use any hoax bomb

19                              while committing or attempting to

20                              commit a felony.

21  790.166(3)         2nd      Possessing, selling, using, or

22                              attempting to use a hoax weapon

23                              of mass destruction.

24  790.166(4)         2nd      Possessing, displaying, or

25                              threatening to use a hoax weapon

26                              of mass destruction while

27                              committing or attempting to

28                              commit a felony.

29  796.03             2nd      Procuring any person under 16

30                              years for prostitution.

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

 2                              victim less than 12 years of age;

 3                              offender less than 18 years.

 4  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

 5                              victim 12 years of age or older

 6                              but less than 16 years; offender

 7                              18 years or older.

 8  806.01(2)          2nd      Maliciously damage structure by

 9                              fire or explosive.

10  810.02(3)(a)       2nd      Burglary of occupied dwelling;

11                              unarmed; no assault or battery.

12  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

13                              unarmed; no assault or battery.

14  810.02(3)(d)       2nd      Burglary of occupied conveyance;

15                              unarmed; no assault or battery.

16  812.014(2)(a)1.    1st      Property stolen, valued at

17                              $100,000 or more or a semitrailer

18                              deployed by a law enforcement

19                              officer; property stolen while

20                              causing other property damage;

21                              1st degree grand theft.

22  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

23                              less than $50,000, grand theft in

24                              2nd degree.

25  812.014(2)(b)3.    2nd      Property stolen, emergency

26                              medical equipment; 2nd degree

27                              grand theft.

28  812.0145(2)(a)     1st      Theft from person 65 years of age

29                              or older; $50,000 or more.

30  

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1  812.019(2)         1st      Stolen property; initiates,

 2                              organizes, plans, etc., the theft

 3                              of property and traffics in

 4                              stolen property.

 5  812.131(2)(a)      2nd      Robbery by sudden snatching.

 6  812.133(2)(b)      1st      Carjacking; no firearm, deadly

 7                              weapon, or other weapon.

 8  817.234(8)(a)      2nd      Solicitation of motor vehicle

 9                              accident victims with intent to

10                              defraud.

11  817.234(9)         2nd      Organizing, planning, or

12                              participating in an intentional

13                              motor vehicle collision.

14  817.234(11)(c)     1st      Insurance fraud; property value

15                              $100,000 or more.

16  817.2341(2)(b)&

17   (3)(b)            1st      Making false entries of material

18                              fact or false statements

19                              regarding property values

20                              relating to the solvency of an

21                              insuring entity which are a

22                              significant cause of the

23                              insolvency of that entity.

24  825.102(3)(b)      2nd      Neglecting an elderly person or

25                              disabled adult causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  825.103(2)(b)      2nd      Exploiting an elderly person or

29                              disabled adult and property is

30                              valued at $20,000 or more, but

31                              less than $100,000.


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    CS for SB 1004                           First Engrossed (ntc)



 1  827.03(3)(b)       2nd      Neglect of a child causing great

 2                              bodily harm, disability, or

 3                              disfigurement.

 4  827.04(3)          3rd      Impregnation of a child under 16

 5                              years of age by person 21 years

 6                              of age or older.

 7  837.05(2)          3rd      Giving false information about

 8                              alleged capital felony to a law

 9                              enforcement officer.

10  838.015            2nd      Bribery.

11  838.016            2nd      Unlawful compensation or reward

12                              for official behavior.

13  838.021(3)(a)      2nd      Unlawful harm to a public

14                              servant.

15  838.22             2nd      Bid tampering.

16  847.0135(3)        3rd      Solicitation of a child, via a

17                              computer service, to commit an

18                              unlawful sex act.

19  847.0135(4)        2nd      Traveling to meet a minor to

20                              commit an unlawful sex act.

21  872.06             2nd      Abuse of a dead human body.

22  893.13(1)(c)1.     1st      Sell, manufacture, or deliver

23                              cocaine (or other drug prohibited

24                              under s. 893.03(1)(a), (1)(b),

25                              (1)(d), (2)(a), (2)(b), or

26                              (2)(c)4.) within 1,000 feet of a

27                              child care facility, school, or

28                              state, county, or municipal park

29                              or publicly owned recreational

30                              facility or community center.

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

 2                              cocaine or other drug prohibited

 3                              under s. 893.03(1)(a), (1)(b),

 4                              (1)(d), (2)(a), (2)(b), or

 5                              (2)(c)4., within 1,000 feet of

 6                              property used for religious

 7                              services or a specified business

 8                              site.

 9  893.13(4)(a)       1st      Deliver to minor cocaine (or

10                              other s. 893.03(1)(a), (1)(b),

11                              (1)(d), (2)(a), (2)(b), or

12                              (2)(c)4. drugs).

13  893.135(1)(a)1.    1st      Trafficking in cannabis, more

14                              than 25 lbs., less than 2,000

15                              lbs.

16  893.135

17   (1)(b)1.a.        1st      Trafficking in cocaine, more than

18                              28 grams, less than 200 grams.

19  893.135

20   (1)(c)1.a.        1st      Trafficking in illegal drugs,

21                              more than 4 grams, less than 14

22                              grams.

23  893.135

24   (1)(d)1.          1st      Trafficking in phencyclidine,

25                              more than 28 grams, less than 200

26                              grams.

27  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

28                              than 200 grams, less than 5

29                              kilograms.

30  

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

 2                              than 14 grams, less than 28

 3                              grams.

 4  893.135

 5   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

 6                              grams or more, less than 14

 7                              grams.

 8  893.135

 9   (1)(h)1.a.        1st      Trafficking in

10                              gamma-hydroxybutyric acid (GHB),

11                              1 kilogram or more, less than 5

12                              kilograms.

13  893.135

14   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

15                              kilogram or more, less than 5

16                              kilograms.

17  893.135

18   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

19                              10 grams or more, less than 200

20                              grams.

21  896.101(5)(a)      3rd      Money laundering, financial

22                              transactions exceeding $300 but

23                              less than $20,000.

24  896.104(4)(a)1.    3rd      Structuring transactions to evade

25                              reporting or registration

26                              requirements, financial

27                              transactions exceeding $300 but

28                              less than $20,000.

29  

30  

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1  943.0435(4)(c)     2nd      Sexual offender vacating

 2                              permanent residence; failure to

 3                              comply with reporting

 4                              requirements.

 5  943.0435(8)        2nd      Sexual offender; remains in state

 6                              after indicating intent to leave;

 7                              failure to comply with reporting

 8                              requirements.

 9  943.0435(9)(a)     3rd      Sexual offender; failure to

10                              comply with reporting

11                              requirements.

12  943.0435(13)       3rd      Failure to report or providing

13                              false information about a sexual

14                              offender; harbor or conceal a

15                              sexual offender.

16  943.0435(14)       3rd      Sexual offender; failure to

17                              report and reregister; failure to

18                              respond to address verification.

19  944.607(9)         3rd      Sexual offender; failure to

20                              comply with reporting

21                              requirements.

22  944.607(10)(a)     3rd      Sexual offender; failure to

23                              submit to the taking of a

24                              digitized photograph.

25  944.607(12)        3rd      Failure to report or providing

26                              false information about a sexual

27                              offender; harbor or conceal a

28                              sexual offender.

29  944.607(13)        3rd      Sexual offender; failure to

30                              report and reregister; failure to

31                              respond to address verification.


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    CS for SB 1004                           First Engrossed (ntc)



 1         Section 10.  Effective October 1, 2007, paragraphs (f)

 2  and (g) are added to subsection (1) of section 943.0435,

 3  Florida Statutes, and subsections (2), (4), and (14) of that

 4  section are amended, to read:

 5         943.0435  Sexual offenders required to register with

 6  the department; penalty.--

 7         (1)  As used in this section, the term:

 8         (f)  "Electronic mail address" has the same meaning as

 9  in s. 668.602.

10         (g)  "Instant message name" means an identifier that

11  allows a person to communicate in real time with another

12  person using the Internet.

13         (2)  A sexual offender shall:

14         (a)  Report in person at the sheriff's office in the

15  county in which the offender establishes or maintains a

16  permanent or temporary residence, within 48 hours after

17  establishing permanent or temporary residence in this state or

18  within 48 hours after being released from the custody,

19  control, or supervision of the Department of Corrections or

20  from the custody of a private correctional facility. Any

21  change in the sexual offender's permanent or temporary

22  residence, or name, or any electronic mail address or any

23  instant message name required to be provided pursuant to

24  subsection (4)(d), after the sexual offender reports in person

25  at the sheriff's office, shall be accomplished in the manner

26  provided in subsections (4), (7), and (8).

27         (b)  Provide his or her name, date of birth, social

28  security number, race, sex, height, weight, hair and eye

29  color, tattoos or other identifying marks, occupation and

30  place of employment, address of permanent or legal residence

31  or address of any current temporary residence, within the


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    CS for SB 1004                           First Engrossed (ntc)



 1  state and out of state, including a rural route address and a

 2  post office box, any electronic mail address and any instant

 3  message name required to be provided pursuant to subsection

 4  (4)(d), date and place of each conviction, and a brief

 5  description of the crime or crimes committed by the offender.

 6  A post office box shall not be provided in lieu of a physical

 7  residential address.

 8         1.  If the sexual offender's place of residence is a

 9  motor vehicle, trailer, mobile home, or manufactured home, as

10  defined in chapter 320, the sexual offender shall also provide

11  to the department written notice of the vehicle identification

12  number; the license tag number; the registration number; and a

13  description, including color scheme, of the motor vehicle,

14  trailer, mobile home, or manufactured home. If the sexual

15  offender's place of residence is a vessel, live-aboard vessel,

16  or houseboat, as defined in chapter 327, the sexual offender

17  shall also provide to the department written notice of the

18  hull identification number; the manufacturer's serial number;

19  the name of the vessel, live-aboard vessel, or houseboat; the

20  registration number; and a description, including color

21  scheme, of the vessel, live-aboard vessel, or houseboat.

22         2.  If the sexual offender is enrolled, employed, or

23  carrying on a vocation at an institution of higher education

24  in this state, the sexual offender shall also provide to the

25  department the name, address, and county of each institution,

26  including each campus attended, and the sexual offender's

27  enrollment or employment status. Each change in enrollment or

28  employment status shall be reported in person at the sheriff's

29  office, within 48 hours after any change in status. The

30  sheriff shall promptly notify each institution of the sexual

31  


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    CS for SB 1004                           First Engrossed (ntc)



 1  offender's presence and any change in the sexual offender's

 2  enrollment or employment status.

 3  

 4  When a sexual offender reports at the sheriff's office, the

 5  sheriff shall take a photograph and a set of fingerprints of

 6  the offender and forward the photographs and fingerprints to

 7  the department, along with the information provided by the

 8  sexual offender. The sheriff shall promptly provide to the

 9  department the information received from the sexual offender.

10         (4)(a)  Each time a sexual offender's driver's license

11  or identification card is subject to renewal, and, without

12  regard to the status of the offender's driver's license or

13  identification card, within 48 hours after any change in the

14  offender's permanent or temporary residence or change in the

15  offender's name by reason of marriage or other legal process,

16  the offender shall report in person to a driver's license

17  office, and shall be subject to the requirements specified in

18  subsection (3). The Department of Highway Safety and Motor

19  Vehicles shall forward to the department all photographs and

20  information provided by sexual offenders. Notwithstanding the

21  restrictions set forth in s. 322.142, the Department of

22  Highway Safety and Motor Vehicles is authorized to release a

23  reproduction of a color-photograph or digital-image license to

24  the Department of Law Enforcement for purposes of public

25  notification of sexual offenders as provided in ss. 943.043,

26  943.0435, and 944.606.

27         (b)  A sexual offender who vacates a permanent

28  residence and fails to establish or maintain another permanent

29  or temporary residence shall, within 48 hours after vacating

30  the permanent residence, report in person to the sheriff's

31  office of the county in which he or she is located. The sexual


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    CS for SB 1004                           First Engrossed (ntc)



 1  offender shall specify the date upon which he or she intends

 2  to or did vacate such residence. The sexual offender must

 3  provide or update all of the registration information required

 4  under paragraph (2)(b). The sexual offender must provide an

 5  address for the residence or other location that he or she is

 6  or will be occupying during the time in which he or she fails

 7  to establish or maintain a permanent or temporary residence.

 8         (c)  A sexual offender who remains at a permanent

 9  residence after reporting his or her intent to vacate such

10  residence shall, within 48 hours after the date upon which the

11  offender indicated he or she would or did vacate such

12  residence, report in person to the agency to which he or she

13  reported pursuant to paragraph (b) for the purpose of

14  reporting his or her address at such residence. When the

15  sheriff receives the report, the sheriff shall promptly convey

16  the information to the department. An offender who makes a

17  report as required under paragraph (b) but fails to make a

18  report as required under this paragraph commits a felony of

19  the second degree, punishable as provided in s. 775.082, s.

20  775.083, or s. 775.084.

21         (d)  A sexual offender must register any electronic

22  mail address or instant message name with the department prior

23  to using such electronic mail address or instant message name

24  on or after October 1, 2007. The department shall establish an

25  on-line system through which sexual offenders may securely

26  access and update all electronic mail and instant message name

27  information.

28         (14)(a)  A sexual offender must report in person each

29  year during the month of the sexual offender's birthday and

30  during the sixth month following the sexual offender's birth

31  month to the sheriff's office in the county in which he or she


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    CS for SB 1004                           First Engrossed (ntc)



 1  resides or is otherwise located to reregister. The sheriff's

 2  office may determine the appropriate times and days for

 3  reporting by the sexual offender, which shall be consistent

 4  with the reporting requirements of this paragraph.

 5  Reregistration shall include any changes to the following

 6  information:

 7         1.  Name; social security number; age; race; sex; date

 8  of birth; height; weight; hair and eye color; address of any

 9  permanent residence and address of any current temporary

10  residence, within the state or out of state, including a rural

11  route address and a post office box; any electronic mail

12  address and any instant message name required to be provided

13  pursuant to paragraph (4)(d); date and place of any

14  employment; vehicle make, model, color, and license tag

15  number; fingerprints; and photograph. A post office box shall

16  not be provided in lieu of a physical residential address.

17         2.  If the sexual offender is enrolled, employed, or

18  carrying on a vocation at an institution of higher education

19  in this state, the sexual offender shall also provide to the

20  department the name, address, and county of each institution,

21  including each campus attended, and the sexual offender's

22  enrollment or employment status.

23         3.  If the sexual offender's place of residence is a

24  motor vehicle, trailer, mobile home, or manufactured home, as

25  defined in chapter 320, the sexual offender shall also provide

26  the vehicle identification number; the license tag number; the

27  registration number; and a description, including color

28  scheme, of the motor vehicle, trailer, mobile home, or

29  manufactured home. If the sexual offender's place of residence

30  is a vessel, live-aboard vessel, or houseboat, as defined in

31  chapter 327, the sexual offender shall also provide the hull


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    CS for SB 1004                           First Engrossed (ntc)



 1  identification number; the manufacturer's serial number; the

 2  name of the vessel, live-aboard vessel, or houseboat; the

 3  registration number; and a description, including color

 4  scheme, of the vessel, live-aboard vessel or houseboat.

 5         4.  Any sexual offender who fails to report in person

 6  as required at the sheriff's office, or who fails to respond

 7  to any address verification correspondence from the department

 8  within 3 weeks of the date of the correspondence, or who fails

 9  to report electronic mail addresses or instant message names,

10  commits a felony of the third degree, punishable as provided

11  in s. 775.082, s. 775.083, or s. 775.084.

12         (b)  The sheriff's office shall, within 2 working days,

13  electronically submit and update all information provided by

14  the sexual offender to the department in a manner prescribed

15  by the department. This procedure shall be implemented by

16  December 1, 2005.

17         Section 11.  In the express interest of the protection

18  of residents, particularly children, who use the Internet, it

19  is the intent of the Legislature that the collection and

20  distribution of the electronic mail address and instant

21  message name information of sexual predators and sexual

22  offenders be maintained and distributed in a manner to

23  maximize public safety benefits while minimizing and avoiding

24  to the greatest extent possible any use of this information

25  for any illegal purposes, including harassment and networking

26  among individuals for illegal purposes. Additionally, care

27  should be taken in the distribution of this information to

28  avoid circumstances that allow ready access to such

29  information by minors.

30         Section 12.  Effective October 1, 2007, section

31  943.0437, Florida Statutes, is created to read:


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    CS for SB 1004                           First Engrossed (ntc)



 1         943.0437  Commercial social networking websites.--

 2         (1)  For the purpose of this section, the term

 3  "commercial social networking website" means a commercially

 4  operated Internet website that allows users to create web

 5  pages or profiles that provide information about themselves

 6  and are available publicly or to other users and that offers a

 7  mechanism for communication with other users, such as a forum,

 8  chat room, electronic mail, or instant messenger.

 9         (2)  The Department of Law Enforcement may provide

10  information relating to electronic mail addresses and instant

11  message names maintained as part of the sexual offender

12  registry to commercial social networking websites or third

13  parties designated by commercial social networking websites.

14  The commercial social networking website may use this

15  information for the purpose of comparing registered users and

16  screening potential users of the commercial social networking

17  website against the list of electronic mail addresses and

18  instant message names provided by the department.

19         (3)  This section shall not be construed to impose any

20  civil liability on a commercial social networking website for:

21         (a)  Any action taken by a registered user whose

22  electronic mail address or instant message name is contained

23  in the sexual offender registry.

24         (b)  Any action taken voluntarily in good faith to

25  remove or disable any profile of a registered user associated

26  with an electronic mail address or instant message name

27  contained in the sexual offender registry.

28         (c)  Any action taken to restrict access by such

29  registered user to the commercial social networking website.

30         Section 13.  Effective October 1, 2007, paragraphs (c)

31  and (d) are added to subsection (1) of section 944.606,


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    CS for SB 1004                           First Engrossed (ntc)



 1  Florida Statutes, and paragraph (a) of subsection (3) of that

 2  section is amended, to read:

 3         944.606  Sexual offenders; notification upon release.--

 4         (1)  As used in this section:

 5         (c)  "Electronic mail address" has the same meaning as

 6  in s. 668.602.

 7         (d)  "Instant message name" means an identifier that

 8  allows a person to communicate in real time with another

 9  person using the Internet.

10         (3)(a)  The department must provide information

11  regarding any sexual offender who is being released after

12  serving a period of incarceration for any offense, as follows:

13         1.  The department must provide: the sexual offender's

14  name, any change in the offender's name by reason of marriage

15  or other legal process, and any alias, if known; the

16  correctional facility from which the sexual offender is

17  released; the sexual offender's social security number, race,

18  sex, date of birth, height, weight, and hair and eye color;

19  date and county of sentence and each crime for which the

20  offender was sentenced; a copy of the offender's fingerprints

21  and a digitized photograph taken within 60 days before

22  release; the date of release of the sexual offender; any

23  electronic mail address and any instant message name required

24  to be provided pursuant to s. 943.0435(4)(d); and the

25  offender's intended residence address, if known. The

26  department shall notify the Department of Law Enforcement if

27  the sexual offender escapes, absconds, or dies.  If the sexual

28  offender is in the custody of a private correctional facility,

29  the facility shall take the digitized photograph of the sexual

30  offender within 60 days before the sexual offender's release

31  and provide this photograph to the Department of Corrections


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    CS for SB 1004                           First Engrossed (ntc)



 1  and also place it in the sexual offender's file. If the sexual

 2  offender is in the custody of a local jail, the custodian of

 3  the local jail shall notify the Department of Law Enforcement

 4  of the sexual offender's release and provide to the Department

 5  of Law Enforcement the information specified in this paragraph

 6  and any information specified in subparagraph 2. that the

 7  Department of Law Enforcement requests.

 8         2.  The department may provide any other information

 9  deemed necessary, including criminal and corrections records,

10  nonprivileged personnel and treatment records, when available.

11         Section 14.  Effective October 1, 2007, paragraphs (e)

12  and (f) are added to subsection (1) of section 944.607,

13  Florida Statutes, and subsections (4) and (13) of that section

14  are amended, to read:

15         944.607  Notification to Department of Law Enforcement

16  of information on sexual offenders.--

17         (1)  As used in this section, the term:

18         (e)  "Electronic mail address" has the same meaning as

19  in s. 668.602.

20         (f)  "Instant message name" means an identifier that

21  allows a person to communicate in real time with another

22  person using the Internet.

23         (4)  A sexual offender, as described in this section,

24  who is under the supervision of the Department of Corrections

25  but is not incarcerated must register with the Department of

26  Corrections and provide information as required by this

27  subsection.

28         (a)  The sexual offender shall provide his or her name;

29  date of birth; social security number; race; sex; height;

30  weight; hair and eye color; tattoos or other identifying

31  marks; any electronic mail address and any instant message


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    CS for SB 1004                           First Engrossed (ntc)



 1  name required to be provided pursuant to s. 943.0435(4)(d);

 2  and permanent or legal residence and address of temporary

 3  residence within the state or out of state while the sexual

 4  offender is under supervision in this state, including any

 5  rural route address or post office box. The Department of

 6  Corrections shall verify the address of each sexual offender

 7  in the manner described in ss. 775.21 and 943.0435.

 8         (b)  If the sexual offender is enrolled, employed, or

 9  carrying on a vocation at an institution of higher education

10  in this state, the sexual offender shall provide the name,

11  address, and county of each institution, including each campus

12  attended, and the sexual offender's enrollment or employment

13  status. Each change in enrollment or employment status shall

14  be reported to the department within 48 hours after the change

15  in status. The Department of Corrections shall promptly notify

16  each institution of the sexual offender's presence and any

17  change in the sexual offender's enrollment or employment

18  status.

19         (13)(a)  A sexual offender must report in person each

20  year during the month of the sexual offender's birthday and

21  during the sixth month following the sexual offender's birth

22  month to the sheriff's office in the county in which he or she

23  resides or is otherwise located to reregister. The sheriff's

24  office may determine the appropriate times and days for

25  reporting by the sexual offender, which shall be consistent

26  with the reporting requirements of this paragraph.

27  Reregistration shall include any changes to the following

28  information:

29         1.  Name; social security number; age; race; sex; date

30  of birth; height; weight; hair and eye color; address of any

31  permanent residence and address of any current temporary


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    CS for SB 1004                           First Engrossed (ntc)



 1  residence, within the state or out of state, including a rural

 2  route address and a post office box; any electronic mail

 3  address and any instant message name required to be provided

 4  pursuant to section 943.0435(4)(d); date and place of any

 5  employment; vehicle make, model, color, and license tag

 6  number; fingerprints; and photograph. A post office box shall

 7  not be provided in lieu of a physical residential address.

 8         2.  If the sexual offender is enrolled, employed, or

 9  carrying on a vocation at an institution of higher education

10  in this state, the sexual offender shall also provide to the

11  department the name, address, and county of each institution,

12  including each campus attended, and the sexual offender's

13  enrollment or employment status.

14         3.  If the sexual offender's place of residence is a

15  motor vehicle, trailer, mobile home, or manufactured home, as

16  defined in chapter 320, the sexual offender shall also provide

17  the vehicle identification number; the license tag number; the

18  registration number; and a description, including color

19  scheme, of the motor vehicle, trailer, mobile home, or

20  manufactured home. If the sexual offender's place of residence

21  is a vessel, live-aboard vessel, or houseboat, as defined in

22  chapter 327, the sexual offender shall also provide the hull

23  identification number; the manufacturer's serial number; the

24  name of the vessel, live-aboard vessel, or houseboat; the

25  registration number; and a description, including color

26  scheme, of the vessel, live-aboard vessel, or houseboat.

27         4.  Any sexual offender who fails to report in person

28  as required at the sheriff's office, or who fails to respond

29  to any address verification correspondence from the department

30  within 3 weeks of the date of the correspondence, or who fails

31  to report any electronic mail address or instant message name,


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    CS for SB 1004                           First Engrossed (ntc)



 1  commits a felony of the third degree, punishable as provided

 2  in s. 775.082, s. 775.083, and s. 775.084.

 3         (b)  The sheriff's office shall, within 2 working days,

 4  electronically submit and update all information provided by

 5  the sexual offender to the Florida Department of Law

 6  Enforcement in a manner prescribed by the Florida Department

 7  of Law Enforcement. This procedure shall be implemented by

 8  December 1, 2005.

 9         Section 15.  The sums of $2,407,423 in recurring funds

10  and $847,929 in nonrecurring funds are appropriated from the

11  General Revenue Fund to the Department of Legal Affairs and

12  the sums of $439,404 in recurring funds and $67,760 in

13  nonrecurring funds are appropriated from the Grants and

14  Donations Trust Fund to the Department of Legal Affairs for

15  the 2007-2008 fiscal year for the purpose of implementing the

16  provisions of this act related to the investigation and

17  prosecution of computer child pornography, and 50 full-time

18  equivalent positions and associated rate of 2,217,594 are

19  authorized.

20         Section 16.  Except as otherwise expressly provided in

21  this act, this act shall take effect July 1, 2007.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


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