Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1604
Barcode 090528
CHAMBER ACTION
Senate House
.
.
1 Comm: UNFAV .
03/20/2007 05:41 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Criminal Justice (Argenziano) recommended the
12 following amendment to amendment (963266):
13
14 Senate Amendment (with title amendment)
15 On page 23, between lines 14 and 15,
16
17 insert:
18 Section 3. Section 943.04354, Florida Statutes, is
19 created to read:
20 943.04354 Removal of the requirement to register as a
21 sexual offender or sexual predator in special circumstances.--
22 (1) For purposes of this section, a person shall only
23 be considered for removal of the requirement to register as a
24 sexual offender or sexual predator if the person:
25 (a) Was convicted or adjudicated delinquent of a
26 violation of s. 794.011 or s. 800.04, or the person committed
27 a violation of s. 794.011 or s. 800.04 for which adjudication
28 of guilt was withheld, and the person does not have any other
29 conviction, adjudication of delinquency, or withhold of
30 adjudication of guilt for a violation of s. 794.011 or s.
31 800.04;
1
8:59 AM 03/19/07 s1604.cj03.aaa
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1604
Barcode 090528
1 (b) Is required to register as a sexual offender or
2 sexual predator solely on the basis of this violation; and
3 (c) Is not more than 4 years older than the victim of
4 this violation who was 14 years of age or older but not more
5 than 17 years of age at the time the person committed this
6 violation.
7 (2) If a person meets the criteria in subsection (1)
8 and the person's sentence or disposition for the violation of
9 s. 794.011 or s. 800.04 has expired, the person may petition
10 the court in which this sentence or disposition occurred for
11 removal of the requirement to register as a sexual offender or
12 sexual predator. The person must allege in the petition that
13 he or she meets the criteria in subsection (1) and the removal
14 of the registration requirement will not conflict with federal
15 law. The state attorney must be given notice of the petition
16 at least 21 days before the hearing on the petition, and may
17 present evidence in opposition to the requested relief or may
18 otherwise demonstrate why the petition should be denied. The
19 court shall rule on the petition, and if the court determines
20 the person meets the criteria in subsection (1) and the
21 removal of the registration requirement will not conflict with
22 federal law, it may grant the petition and order the removal
23 of the registration requirement. If the court denies the
24 petition, the person is not authorized under this section to
25 file any further petition for removal of the registration
26 requirement.
27 (3) If a person provides to the department a certified
28 copy of the court's order removing the requirement that the
29 person register as a sexual offender or sexual predator for
30 the violation of s. 794.011 or s. 800.04, the registration
31 requirement will not apply to the person and the department
2
8:59 AM 03/19/07 s1604.cj03.aaa
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 1604
Barcode 090528
1 shall remove all information about the person from the public
2 registry of sexual offenders and sexual predators maintained
3 by the department. However, the removal of this information
4 from the public registry does not mean that the public is
5 denied access to information about the person's criminal
6 history or record that is otherwise available as a public
7 record.
8
9 (Redesignate subsequent sections.)
10
11
12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 On page 56, line 31, after the semicolon
15
16 insert:
17 creating s. 943.04354, F.S.; allowing certain
18 sexual predators and sexual offenders to
19 petition for removal of the registration
20 requirement after expiration of sentence or
21 disposition for the sexual offense; providing
22 that a court may grant the petition if certain
23 criteria are met and removal of the
24 registration requirement will not conflict with
25 federal law;
26
27
28
29
30
31
3
8:59 AM 03/19/07 s1604.cj03.aaa