Senate Bill sb1004er
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1
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;
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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.
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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.
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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.
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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
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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,
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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,
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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;
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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
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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
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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.
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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.
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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.
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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.
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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
19
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2007 Legislature CS for SB 1004, 3rd 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
20
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2007 Legislature CS for SB 1004, 3rd 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
21
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2007 Legislature CS for SB 1004, 3rd 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
22
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2007 Legislature CS for SB 1004, 3rd 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
23
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2007 Legislature CS for SB 1004, 3rd 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;
24
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2007 Legislature CS for SB 1004, 3rd 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
25
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2007 Legislature CS for SB 1004, 3rd 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
26
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2007 Legislature CS for SB 1004, 3rd 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
27
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2007 Legislature CS for SB 1004, 3rd 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
28
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2007 Legislature CS for SB 1004, 3rd 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
29
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2007 Legislature CS for SB 1004, 3rd 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
30
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2007 Legislature CS for SB 1004, 3rd 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
31
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2007 Legislature CS for SB 1004, 3rd 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.
32
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2007 Legislature CS for SB 1004, 3rd 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.
33
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2007 Legislature CS for SB 1004, 3rd 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,
34
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2007 Legislature CS for SB 1004, 3rd 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:
35
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2007 Legislature CS for SB 1004, 3rd 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:
36
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2007 Legislature CS for SB 1004, 3rd 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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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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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.
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