Senate Bill sb1004e3

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  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         providing for jurisdiction of the Office of the

  5         Statewide Prosecutor over certain obscenity

  6         offenses; providing for jurisdiction over

  7         offenses facilitated by or connected to the use

  8         of the Internet; creating s. 775.0847, F.S.;

  9         providing definitions; providing for

10         reclassification of certain offenses involving

11         child pornography; amending s. 827.071, F.S.;

12         providing for the effect of certain

13         prosecutions; amending s. 847.0135, F.S.;

14         making editorial changes; revising prohibitions

15         on use of certain computer services to

16         facilitate certain sexual conduct to include

17         electronic storage devices, additional persons,

18         and additional conduct; providing for charging

19         each conversation in which specified conduct

20         occurs as a separate offense; prohibiting

21         traveling to meet minors for certain purposes;

22         providing criminal penalties; revising a

23         provision relating to state criminal

24         jurisdiction; providing for effect of certain

25         prosecutions; amending s. 905.34, F.S.;

26         providing additional subject matter

27         jurisdiction for the statewide grand jury;

28         amending s. 910.15, F.S.; revising provisions

29         relating to offenses facilitated by

30         communication systems; amending s. 921.0022,

31         F.S.; conforming the Criminal Punishment Code


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 1         offense severity ranking chart; amending s.

 2         775.21, F.S.; providing definitions; requiring

 3         sexual predators to include certain information

 4         during the registration process; requiring

 5         sexual predators to report changes in certain

 6         information; requiring sexual predators to

 7         include certain information during the

 8         reregistration process; providing penalties for

 9         failing to provide certain information;

10         amending s. 943.0435, F.S.; providing

11         definitions; requiring sexual offenders to

12         include certain information during the

13         registration process; requiring sexual

14         offenders to report changes in certain

15         information; requiring sexual offenders to

16         include certain information during the

17         reregistration process; amending s. 944.606,

18         F.S.; providing definitions; requiring the

19         Department of Corrections to provide certain

20         information regarding sexual offenders who are

21         being released after serving a period of

22         incarceration to certain entities; amending s.

23         944.607, F.S.; providing definitions; requiring

24         sexual offenders under the supervision of the

25         Department of Corrections to include certain

26         information during the registration process;

27         requiring sexual offenders to include certain

28         information during the reregistration process;

29         providing legislative intent; creating s.

30         943.0437, F.S.; providing definitions;

31         providing penalties for sexual offenders who


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 1         fail to report certain information; permitting

 2         the Department of Law Enforcement to provide

 3         electronic mail address and instant message

 4         information in the sexual offender registry to

 5         commercial social networking websites and

 6         certain others; providing that certain

 7         statutory provisions do not impose civil

 8         liability on commercial social networking

 9         websites for specified actions; providing an

10         effective date.

11  

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

13  

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

15  Against Children Act of 2007."

16         Section 2.  Subsection (1) of section 16.56, Florida

17  Statutes, is amended to read:

18         16.56  Office of Statewide Prosecution.--

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

20  Affairs an Office of Statewide Prosecution. The office shall

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

22  chapter 216. The office may:

23         (a)  Investigate and prosecute the offenses of:

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

25  gambling, kidnapping, larceny, murder, prostitution, perjury,

26  robbery, carjacking, and home-invasion robbery;

27         2.  Any crime involving narcotic or other dangerous

28  drugs;

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

30  (Racketeer Influenced and Corrupt Organization) Act, including

31  any offense listed in the definition of racketeering activity


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

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

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

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

 5  prosecution of which listed offense may continue independently

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

 7  for any reason;

 8         4.  Any violation of the provisions of the Florida

 9  Anti-Fencing Act;

10         5.  Any violation of the provisions of the Florida

11  Antitrust Act of 1980, as amended;

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

13  deceit upon any person;

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

15  pornography and child exploitation prevention, or any offense

16  related to a violation of s. 847.0135 or any violation of

17  chapter 827 where the crime is facilitated by or connected to

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

19  data storage or transmission;

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

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

22         10.  Any violation of the provisions of the Florida

23  Motor Fuel Tax Relief Act of 2004;

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

25  409.9201; or

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

27  candidate or issue petition activities;

28  

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

30  the crimes specifically enumerated above. The office shall

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


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

 2  related transaction, or when any such offense is connected

 3  with an organized criminal conspiracy affecting two or more

 4  judicial circuits.

 5         (b)  Investigate and prosecute any crime enumerated in

 6  subsection (1)(a)1.-12. facilitated by or connected to the use

 7  of the Internet. Any such crime is a crime occurring in every

 8  judicial circuit within the state.

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

10  attorneys and state and local law enforcement officials in

11  their efforts against organized crimes.

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

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

14  state, or of any political subdivision thereof, cooperation

15  and assistance in the performance of its duties.

16         Section 3.  Section 775.0847, Florida Statutes, is

17  created to read:

18         775.0847  Possession or promotion of certain images of

19  child pornography; reclassification.--

20         (1)  For purposes of this section:

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

22  or unknown, less than 18 years of age.

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

24  minor engaged in sexual conduct.

25         (c)  "Sadomasochistic abuse" means flagellation or

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

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

28  purpose of deriving sexual satisfaction, or satisfaction

29  brought about as a result of sadistic violence, from

30  inflicting harm on another or receiving such harm oneself.

31  


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

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

 3  the anal or vaginal penetration of another by any other

 4  object; however, sexual battery does not include an act done

 5  for a bona fide medical purpose.

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

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

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

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

10  intercourse, deviate sexual intercourse, sexual bestiality,

11  masturbation, or sadomasochistic abuse; actual lewd exhibition

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

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

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

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

16  conduct which constitutes sexual battery or simulates that

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

18  breastfeeding of her baby does not under any circumstance

19  constitute "sexual conduct."

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

21  847.0137, or s. 847.0138 shall be reclassified to the next

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

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

24  form of child pornography regardless of content; and

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

26  more of the following:

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

28         2.  Sadomasochistic abuse involving a child.

29         3.  Sexual battery involving a child.

30         4.  Sexual bestiality involving a child.

31  


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

 2  and regardless of whether the movie contains sound.

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

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

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

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

 7  

 8  For purposes of sentencing under chapter 921 and determining

 9  incentive gain-time eligibility under chapter 944, a felony

10  offense that is reclassified under this section is ranked one

11  level above the ranking under s. 921.0022 or s. 921.0023 of

12  the offense committed.

13         Section 4.  Subsection (6) is added to section 827.071,

14  Florida Statutes, to read:

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

16         (6)  Prosecution of any person for an offense under

17  this section shall not prohibit prosecution of that person in

18  this state for a violation of any law of this state, including

19  a law providing for greater penalties than prescribed in this

20  section or any other crime punishing the sexual performance or

21  the sexual exploitation of children.

22         Section 5.  Section 847.0135, Florida Statutes, is

23  amended to read:

24         847.0135  Computer pornography; traveling to meet

25  minor; penalties.--

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

27  be cited as the "Computer Pornography and Child Exploitation

28  Prevention Act of 1986."

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

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

31  use of computer;


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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 shall not

17  constitute a defense to a prosecution under this section.

18         (3)  CERTAIN USES OF COMPUTER SERVICES OR DEVICES

19  PROHIBITED.--Any person who knowingly uses utilizes a computer

20  on-line service, Internet service, or local bulletin board

21  service, or any other device capable of electronic data

22  storage or 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 either within this state, to this state, or from

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

21  another to do so or to 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 other unlawful

24  sexual conduct with a child or with another person believed by

25  the person to be a child after using a computer on-line

26  service, Internet service, local bulletin board service, or

27  any other device capable of electronic data storage or

28  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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 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 of 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.--A person is

21  subject to prosecution in this state pursuant to chapter 910

22  for any conduct proscribed by this section which the person

23  engages in, while either within or outside this state, if by

24  such conduct the person commits a violation of this section

25  involving a child residing in this state, a child's guardian,

26  or another person believed by the person to be a child or a

27  child's guardian residing in this state.

28         (7)  EFFECT OF PROSECUTION.--Prosecution of any person

29  for an offense under this section shall not prohibit

30  prosecution of that person in this state or another

31  jurisdiction for a violation of any law of this state,


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 1  including a law providing for greater penalties than

 2  prescribed in this section or any other crime punishing the

 3  sexual performance or the sexual exploitation of children.

 4         Section 6.  Subsection (8) of section 905.34, Florida

 5  Statutes, is amended to read:

 6         905.34  Powers and duties; law applicable.--The

 7  jurisdiction of a statewide grand jury impaneled under this

 8  chapter shall extend throughout the state. The subject matter

 9  jurisdiction of the statewide grand jury shall be limited to

10  the offenses of:

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

12  847.0138 relating to computer pornography and child

13  exploitation prevention, or any offense related to a violation

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

15  of chapter 827 where the crime is facilitated by or connected

16  to the use of the Internet or any device capable of electronic

17  data storage or transmission;

18  

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

20  violation of the crimes specifically enumerated above, when

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

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

23  such offense is connected with an organized criminal

24  conspiracy affecting two or more judicial circuits. The

25  statewide grand jury may return indictments and presentments

26  irrespective of the county or judicial circuit where the

27  offense is committed or triable. If an indictment is returned,

28  it shall be certified and transferred for trial to the county

29  where the offense was committed. The powers and duties of, and

30  law applicable to, county grand juries shall apply to a

31  


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 1  statewide grand jury except when such powers, duties, and law

 2  are inconsistent with the provisions of ss. 905.31-905.40.

 3         Section 7.  Subsection (1) of section 910.15, Florida

 4  Statutes, is amended to read:

 5         910.15  Crimes facilitated by Theft and fraudulent

 6  practices concerning communication systems.--

 7         (1)  A person charged with committing a crime

 8  facilitated by communication through use of the mail,

 9  telephone, or newspaper or by radio, television, Internet, or

10  another means of electronic data communication may be tried in

11  the county in which the dissemination originated, in which the

12  dissemination was made, or in which any act necessary to

13  consummate the offense occurred. :

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

15  reasonably be assumed that a communication made to facilitate

16  the fraudulent practice, or a false or misleading

17  representation, could or would be disseminated across

18  jurisdictional lines; or

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

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

21  

22  may be tried in the county in which the dissemination

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

24  any act necessary to consummate the offense occurred.

25         Section 8.  Paragraph (g) of subsection (3) of section

26  921.0022, Florida Statutes, is amended to read:

27         921.0022  Criminal Punishment Code; offense severity

28  ranking chart.--

29         (3)  OFFENSE SEVERITY RANKING CHART

30  

31  


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 1  Florida           Felony    Description

 2  Statute           Degree

 3                              (g)  LEVEL 7

 4  316.027(1)(b)      1st      Accident involving death, failure

 5                              to stop; leaving scene.

 6  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 7                              injury.

 8  316.1935(3)(b)     1st      Causing serious bodily injury or

 9                              death to another person; driving

10                              at high speed or with wanton

11                              disregard for safety while

12                              fleeing or attempting to elude

13                              law enforcement officer who is in

14                              a patrol vehicle with siren and

15                              lights activated.

16  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

17                              bodily injury.

18  402.319(2)         2nd      Misrepresentation and negligence

19                              or intentional act resulting in

20                              great bodily harm, permanent

21                              disfiguration, permanent

22                              disability, or death.

23  409.920(2)         3rd      Medicaid provider fraud.

24  456.065(2)         3rd      Practicing a health care

25                              profession without a license.

26  456.065(2)         2nd      Practicing a health care

27                              profession without a license

28                              which results in serious bodily

29                              injury.

30  458.327(1)         3rd      Practicing medicine without a

31                              license.


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 1  459.013(1)         3rd      Practicing osteopathic medicine

 2                              without a license.

 3  460.411(1)         3rd      Practicing chiropractic medicine

 4                              without a license.

 5  461.012(1)         3rd      Practicing podiatric medicine

 6                              without a license.

 7  462.17             3rd      Practicing naturopathy without a

 8                              license.

 9  463.015(1)         3rd      Practicing optometry without a

10                              license.

11  464.016(1)         3rd      Practicing nursing without a

12                              license.

13  465.015(2)         3rd      Practicing pharmacy without a

14                              license.

15  466.026(1)         3rd      Practicing dentistry or dental

16                              hygiene without a license.

17  467.201            3rd      Practicing midwifery without a

18                              license.

19  468.366            3rd      Delivering respiratory care

20                              services without a license.

21  483.828(1)         3rd      Practicing as clinical laboratory

22                              personnel without a license.

23  483.901(9)         3rd      Practicing medical physics

24                              without a license.

25  484.013(1)(c)      3rd      Preparing or dispensing optical

26                              devices without a prescription.

27  484.053            3rd      Dispensing hearing aids without a

28                              license.

29  

30  

31  


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 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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 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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 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                                 Third Engrossed



 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                                 Third Engrossed



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

17                              fact or false statements

18                              regarding property values

19                              relating to the solvency of an

20                              insuring entity which are a

21                              significant cause of the

22                              insolvency of that entity.

23  825.102(3)(b)      2nd      Neglecting an elderly person or

24                              disabled adult causing great

25                              bodily harm, disability, or

26                              disfigurement.

27  825.103(2)(b)      2nd      Exploiting an elderly person or

28                              disabled adult and property is

29                              valued at $20,000 or more, but

30                              less than $100,000.

31  


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    CS for SB 1004                                 Third Engrossed



 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                                 Third Engrossed



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

17                              28 grams, less than 200 grams.

18  893.135(1)(c)1.a.  1st      Trafficking in illegal drugs,

19                              more than 4 grams, less than 14

20                              grams.

21  893.135(1)(d)1.    1st      Trafficking in phencyclidine,

22                              more than 28 grams, less than 200

23                              grams.

24  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

25                              than 200 grams, less than 5

26                              kilograms.

27  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

28                              than 14 grams, less than 28

29                              grams.

30  

31  


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    CS for SB 1004                                 Third Engrossed



 1  893.135(1)(g)1.a.  1st      Trafficking in flunitrazepam, 4

 2                              grams or more, less than 14

 3                              grams.

 4  893.135(1)(h)1.a.  1st      Trafficking in

 5                              gamma-hydroxybutyric acid (GHB),

 6                              1 kilogram or more, less than 5

 7                              kilograms.

 8  893.135(1)(j)1.a.  1st      Trafficking in 1,4-Butanediol, 1

 9                              kilogram or more, less than 5

10                              kilograms.

11  893.135(1)(k)2.a.  1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22  943.0435(4)(c)     2nd      Sexual offender vacating

23                              permanent residence; failure to

24                              comply with reporting

25                              requirements.

26  943.0435(8)        2nd      Sexual offender; remains in state

27                              after indicating intent to leave;

28                              failure to comply with reporting

29                              requirements.

30  

31  


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    CS for SB 1004                                 Third Engrossed



 1  943.0435(9)(a)     3rd      Sexual offender; failure to

 2                              comply with reporting

 3                              requirements.

 4  943.0435(13)       3rd      Failure to report or providing

 5                              false information about a sexual

 6                              offender; harbor or conceal a

 7                              sexual offender.

 8  943.0435(14)       3rd      Sexual offender; failure to

 9                              report and reregister; failure to

10                              respond to address verification.

11  944.607(9)         3rd      Sexual offender; failure to

12                              comply with reporting

13                              requirements.

14  944.607(10)(a)     3rd      Sexual offender; failure to

15                              submit to the taking of a

16                              digitized photograph.

17  944.607(12)        3rd      Failure to report or providing

18                              false information about a sexual

19                              offender; harbor or conceal a

20                              sexual offender.

21  944.607(13)        3rd      Sexual offender; failure to

22                              report and reregister; failure to

23                              respond to address verification.

24         Section 9.  Paragraphs (j) and (k) are added to

25  subsection (2) of section 775.21, Florida Statutes, and

26  paragraphs (a), (e), and (g) of subsection (6), subsection

27  (8), and paragraph (a) of subsection (10) of that section are

28  amended, to read:

29         775.21  The Florida Sexual Predators Act.--

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

31  


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    CS for SB 1004                                 Third Engrossed



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

 2  provided in s. 668.602.

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

 4  allows a person to communicate in real time with another

 5  person using the Internet.

 6         (6)  REGISTRATION.--

 7         (a)  A sexual predator must register with the

 8  department by providing the following information to the

 9  department:

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

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

12  address of legal residence and address of any current

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

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

15  electronic mail address and any instant message name required

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

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

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

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

20  provided in lieu of a physical residential address.

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

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

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

24  to the department written notice of the vehicle identification

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

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

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

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

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

30  shall also provide to the department written notice of the

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


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    CS for SB 1004                                 Third Engrossed



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

 2  registration number; and a description, including color

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

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

 5  carrying on a vocation at an institution of higher education

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

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

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

 9  enrollment or employment status. Each change in enrollment or

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

11  office, or the Department of Corrections if the sexual

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

13  supervision of the Department of Corrections, within 48 hours

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

15  Corrections shall promptly notify each institution of the

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

17  predator's enrollment or employment status.

18         2.  Any other information determined necessary by the

19  department, including criminal and corrections records;

20  nonprivileged personnel and treatment records; and evidentiary

21  genetic markers when available.

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

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

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

25  correctional facility, and establishes or maintains a

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

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

28  predator establishes or maintains a residence, within 48 hours

29  after establishing permanent or temporary residence in this

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

31  temporary residence, or name, or any electronic mail address


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    CS for SB 1004                                 Third Engrossed



 1  and any instant message name required to be provided pursuant

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

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

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

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

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

 7  predator and forward the photographs and fingerprints to the

 8  department, along with the information that the predator is

 9  required to provide pursuant to this section.

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

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

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

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

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

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

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

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

18  Department of Highway Safety and Motor Vehicles shall forward

19  to the department and to the Department of Corrections all

20  photographs and information provided by sexual predators.

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

22  Department of Highway Safety and Motor Vehicles is authorized

23  to release a reproduction of a color-photograph or

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

25  purposes of public notification of sexual predators as

26  provided in this section.

27         2.  A sexual predator who vacates a permanent residence

28  and fails to establish or maintain another permanent or

29  temporary residence shall, within 48 hours after vacating the

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

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


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    CS for SB 1004                                 Third Engrossed



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

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

 3  provide or update all of the registration information required

 4  under paragraph (a). The sexual predator 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         3.  A sexual predator 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  predator indicated he or she would or did vacate such

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

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

14  of 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 subparagraph 2. but fails to make a

18  report as required under this subparagraph commits a felony of

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

20  775.083, or s. 775.084.

21         4.  A sexual predator must register any electronic mail

22  address or instant message name with the department prior to

23  using such electronic mail address or instant message name on

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

25  online system through which sexual predators may securely

26  access and update all electronic mail address and instant

27  message name information.

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

29  of Corrections shall implement a system for verifying the

30  addresses of sexual predators. The system must be consistent

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


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    CS for SB 1004                                 Third Engrossed



 1  amended, and any other federal standards applicable to such

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

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

 4  Corrections shall verify the addresses of sexual predators who

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

 6  supervision of the Department of Corrections. County and local

 7  law enforcement agencies, in conjunction with the department,

 8  shall verify the addresses of sexual predators who are not

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

10  Department of Corrections.

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

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

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

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

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

16  may determine the appropriate times and days for reporting by

17  the sexual predator, which shall be consistent with the

18  reporting requirements of this paragraph. Reregistration shall

19  include any changes to the following information:

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

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

22  permanent residence and address of any current temporary

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

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

25  address and any instant message name required to be provided

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

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

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

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

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

31  carrying on a vocation at an institution of higher education


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    CS for SB 1004                                 Third Engrossed



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

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

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

 4  enrollment or employment status.

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

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

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

 8  the vehicle identification number; the license tag number; the

 9  registration number; and a description, including color

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

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

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

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

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

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

16  registration number; and a description, including color

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

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

19  electronically submit and update all information provided by

20  the sexual predator to the department in a manner prescribed

21  by the department. This procedure shall be implemented by

22  December 1, 2005.

23         (10)  PENALTIES.--

24         (a)  Except as otherwise specifically provided, a

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

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

27  license or identification card; who fails to provide required

28  location information , electronic mail address information,

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

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

31  with vacating a permanent residence; who fails to reregister


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    CS for SB 1004                                 Third Engrossed



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

 2  correspondence from the department within 3 weeks of the date

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

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

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

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

 7         Section 10.  Paragraphs (f) and (g) are added to

 8  subsection (1) and paragraph (d) is added to subsection (4) of

 9  section 943.0435, Florida Statutes, and subsections (2) and

10  (14) of that section are amended, to read:

11         943.0435  Sexual offenders required to register with

12  the department; penalty.--

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

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

15  provided in s. 668.602.

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

17  allows a person to communicate in real time with another

18  person using the Internet.

19         (2)  A sexual offender shall:

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

21  county in which the offender establishes or maintains a

22  permanent or temporary residence, within 48 hours after

23  establishing permanent or temporary residence in this state or

24  within 48 hours after being released from the custody,

25  control, or supervision of the Department of Corrections or

26  from the custody of a private correctional facility. Any

27  change in the sexual offender's permanent or temporary

28  residence, or name, any electronic mail address and any

29  instant message name required to be provided pursuant to

30  paragraph (4)(d), after the sexual offender reports in person

31  


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    CS for SB 1004                                 Third Engrossed



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

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

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

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

 5  color, tattoos or other identifying marks, occupation and

 6  place of employment, address of permanent or legal residence

 7  or address of any current temporary residence, within the

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

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

10  message name required to be provided pursuant to paragraph

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

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

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

14  residential address.

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

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

17  defined in chapter 320, the sexual offender 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 the sexual

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

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

24  shall also provide to the department written notice of the

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

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

27  registration number; and a description, including color

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

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

30  carrying on a vocation at an institution of higher education

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


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    CS for SB 1004                                 Third Engrossed



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

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

 3  enrollment or employment status. Each change in enrollment or

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

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

 6  sheriff shall promptly notify each institution of the sexual

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

 8  enrollment or employment status.

 9  

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

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

12  the offender and forward the photographs and fingerprints to

13  the department, along with the information provided by the

14  sexual offender. The sheriff shall promptly provide to the

15  department the information received from the sexual offender.

16         (4)

17         (d)  A sexual offender must register any electronic

18  mail address or instant message name with the department prior

19  to using such electronic mail address or instant message name

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

21  online system through which sexual offenders may securely

22  access and update all electronic mail address and instant

23  message name information.

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

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

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

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

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

29  office may determine the appropriate times and days for

30  reporting by the sexual offender, which shall be consistent

31  with the reporting requirements of this paragraph.


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    CS for SB 1004                                 Third Engrossed



 1  Reregistration shall include any changes to the following

 2  information:

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

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

 5  permanent residence and address of any current temporary

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

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

 8  address and any instant message name required to be provided

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

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

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

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

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

14  carrying on a vocation at an institution of higher education

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

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

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

18  enrollment or employment status.

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

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

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

22  the vehicle identification number; the license tag number; the

23  registration number; and a description, including color

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

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

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

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

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

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

30  registration number; and a description, including color

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


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    CS for SB 1004                                 Third Engrossed



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

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

 3  to any address verification correspondence from the department

 4  within 3 weeks of the date of the correspondence or who fails

 5  to report electronic mail addresses or instant message names ,

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

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

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

 9  electronically submit and update all information provided by

10  the sexual offender to the department in a manner prescribed

11  by the department. This procedure shall be implemented by

12  December 1, 2005.

13         Section 11.  Paragraphs (c) and (d) are added to

14  subsection (1) of section 944.606, Florida Statutes, and

15  paragraph (a) of subsection (3) of that section is amended, to

16  read:

17         944.606  Sexual offenders; notification upon release.--

18         (1)  As used in this section:

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

20  provided in s. 668.602.

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

22  allows a person to communicate in real time with another

23  person using the Internet.

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

25  regarding any sexual offender who is being released after

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

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

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

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

30  correctional facility from which the sexual offender is

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


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    CS for SB 1004                                 Third Engrossed



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

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

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

 4  and a digitized photograph taken within 60 days before

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

 6  electronic mail address and any instant message name required

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

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

 9  department shall notify the Department of Law Enforcement if

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

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

12  the facility shall take the digitized photograph of the sexual

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

14  and provide this photograph to the Department of Corrections

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

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

17  the local jail shall notify the Department of Law Enforcement

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

19  of Law Enforcement the information specified in this paragraph

20  and any information specified in subparagraph 2. that the

21  Department of Law Enforcement requests.

22         2.  The department may provide any other information

23  deemed necessary, including criminal and corrections records,

24  nonprivileged personnel and treatment records, when available.

25         Section 12.  Paragraphs (e) and (f) are added to

26  subsection (1) of section 944.607, Florida Statutes, and

27  paragraph (a) of subsection (4) and subsection (13) of that

28  section are amended, to read:

29         944.607  Notification to Department of Law Enforcement

30  of information on sexual offenders.--

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


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    CS for SB 1004                                 Third Engrossed



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

 2  provided in s. 668.602.

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

 4  allows a person to communicate in real time with another

 5  person using the Internet.

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

 7  who is under the supervision of the Department of Corrections

 8  but is not incarcerated must register with the Department of

 9  Corrections and provide information as required by this

10  subsection.

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

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

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

14  marks; any electronic mail address and any instant message

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

16  and permanent or legal residence and address of temporary

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

18  offender is under supervision in this state, including any

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

20  Corrections shall verify the address of each sexual offender

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

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

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

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

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

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

27  office may determine the appropriate times and days for

28  reporting by the sexual offender, which shall be consistent

29  with the reporting requirements of this paragraph.

30  Reregistration shall include any changes to the following

31  information:


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    CS for SB 1004                                 Third Engrossed



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

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

 3  permanent residence and address of any current temporary

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

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

 6  address and any instant message name required to be provided

 7  pursuant to s. 943.0435(4)(d), date and place of any

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

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

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

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

12  carrying on a vocation at an institution of higher education

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

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

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

16  enrollment or employment status.

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

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

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

20  the vehicle identification number; the license tag number; the

21  registration number; and a description, including color

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

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

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

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

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

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

28  registration number; and a description, including color

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

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

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


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    CS for SB 1004                                 Third Engrossed



 1  to any address verification correspondence from the department

 2  within 3 weeks of the date of the correspondence or who fails

 3  to report electronic mail addresses or instant message names ,

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

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

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

 7  electronically submit and update all information provided by

 8  the sexual offender to the Florida Department of Law

 9  Enforcement in a manner prescribed by that the Florida

10  department of Law Enforcement.  This procedure shall be

11  implemented by December 1, 2005.

12         Section 13.  In the express interest of the protection

13  of citizens, particularly children, who use the Internet, it

14  is the intent of the Legislature that the collection and

15  distribution of the electronic mail address and instant

16  message name information of sexual predators and sexual

17  offenders be maintained and distributed in a manner to

18  maximize public safety benefits while minimizing and avoiding

19  to the greatest extent possible any use of this information

20  for any illegal purposes including harassment and networking

21  among individuals for illegal purposes. Additionally, care

22  should be taken in the distribution of this information to

23  avoid circumstances which allow ready access to such

24  information by minors.

25         Section 14.  Section 943.0437, Florida Statutes, is

26  created to read:

27         943.0437  Commercial social networking websites.--

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

29  "commercial social networking website" means a commercially

30  operated Internet website that allows users to create web

31  pages or profiles that provide information about themselves


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    CS for SB 1004                                 Third Engrossed



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

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

 3  chat room, electronic mail, or instant messenger.

 4         (2)  The department may provide information relating to

 5  electronic mail addresses and instant message names maintained

 6  as part of the sexual offender registry to commercial social

 7  networking websites or third parties designated by commercial

 8  social networking websites. The commercial social networking

 9  website may use this information for the purpose of comparing

10  registered users and screening potential users of the

11  commercial social networking website against the list of

12  electronic mail addresses and instant message names provided

13  by the department.

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

15  civil liability on a commercial social networking website for:

16         (a)  Any action voluntarily taken in good faith to

17  remove or disable any profile of a registered user associated

18  with an electronic mail address or instant message name

19  contained in the sexual offender registry.

20         (b)  Any action taken to restrict access by such

21  registered user to the commercial social networking website.

22         Section 15.  This act shall take effect October 1,

23  2007.

24  

25  

26  

27  

28  

29  

30  

31  


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