Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1604
                        Barcode 334336
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: WD              .                    
       03/20/2007 05:41 PM         .                    
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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 or delinquency was withheld, and the person does not
29  have any other conviction, adjudication of delinquency, or
30  withhold of adjudication of guilt or delinquency for a
31  violation of s. 794.011 or s. 800.04;
                                  1
    7:13 PM   03/09/07                              s1604.cj03.00g

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 334336 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 7:13 PM 03/09/07 s1604.cj03.00g
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 334336 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 registered sexual predators and sexual 19 offenders to petition for removal of the 20 registration requirement after expiration of 21 sentence or disposition for the sexual offense; 22 providing that a court may grant the petition 23 if certain criteria are met and removal of the 24 registration requirement will not conflict with 25 federal law; 26 27 28 29 30 31 3 7:13 PM 03/09/07 s1604.cj03.00g