Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 1604
                        Barcode 963266
                            CHAMBER ACTION
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11  The Committee on Criminal Justice (Argenziano) recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraphs (a) and (c) of subsection (4),
19  paragraphs (a), (b), (c), (e), and (l) of subsection (6),
20  subsections (8) and (9), and paragraph (b) of subsection (10)
21  of section 775.21, Florida Statutes, are amended to read:
22         775.21  The Florida Sexual Predators Act.--
23         (4)  SEXUAL PREDATOR CRITERIA.--
24         (a)  For a current offense committed on or after
25  October 1, 1993, upon conviction, an offender shall be
26  designated as a "sexual predator" under subsection (5), and
27  subject to registration under subsection (6) and community and
28  public notification under subsection (7) if:
29         1.  The felony is:
30         a.  A capital, life, or first-degree felony violation,
31  or any attempt thereof, of s. 787.01 or s. 787.02, where the
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 victim is a minor and the defendant is not the victim's parent 2 or guardian, or s. 794.011 of chapter 794, s. 800.04, or s. 3 847.0145, or a violation of a similar law of another 4 jurisdiction; or 5 b. Any felony violation, or any attempt thereof, of s. 6 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a 7 minor and the defendant is not the victim's parent or 8 guardian; s. 794.011 chapter 794, excluding s. ss. 9 794.011(10); s. 794.05 and 794.0235; s. 796.03; s. 796.035; s. 10 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; or s. 11 985.701(1); or a violation of a similar law of another 12 jurisdiction, and the offender has previously been convicted 13 of or found to have committed, or has pled nolo contendere or 14 guilty to, regardless of adjudication, any violation of s. 15 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a 16 minor and the defendant is not the victim's parent or 17 guardian; s. 794.011, excluding s. 794.011(10) s. 794.011(2), 18 (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s. 19 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 20 excluding s. 847.0135(4); s. 847.0145; or s. 985.701(1); or a 21 violation of a similar law of another jurisdiction; 22 2. The offender has not received a pardon for any 23 felony or similar law of another jurisdiction that is 24 necessary for the operation of this paragraph; and 25 3. A conviction of a felony or similar law of another 26 jurisdiction necessary to the operation of this paragraph has 27 not been set aside in any postconviction proceeding. 28 (c) If an offender has been registered as a sexual 29 predator by the Department of Corrections, the department, or 30 any other law enforcement agency and if: 31 1. The court did not, for whatever reason, make a 2 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 written finding at the time of sentencing that the offender 2 was a sexual predator; or 3 2. The offender was administratively registered as a 4 sexual predator because the Department of Corrections, the 5 department, or any other law enforcement agency obtained 6 information that indicated that the offender met the criteria 7 for designation as a sexual predator based on a violation of a 8 similar law in another jurisdiction, 9 10 the department shall remove that offender from the 11 department's list of sexual predators and, for an offender 12 described under subparagraph 1., shall notify the state 13 attorney who prosecuted the offense that met the criteria for 14 administrative designation as a sexual predator, and, for an 15 offender described under this paragraph subparagraph, shall 16 notify the state attorney of the county where the offender 17 establishes or maintains a permanent or temporary residence. 18 The state attorney shall bring the matter to the court's 19 attention in order to establish that the offender meets the 20 criteria for designation as a sexual predator. If the court 21 makes a written finding that the offender is a sexual 22 predator, the offender must be designated as a sexual 23 predator, must register or be registered as a sexual predator 24 with the department as provided in subsection (6), and is 25 subject to the community and public notification as provided 26 in subsection (7). If the court does not make a written 27 finding that the offender is a sexual predator, the offender 28 may not be designated as a sexual predator with respect to 29 that offense and is not required to register or be registered 30 as a sexual predator with the department. 31 (6) REGISTRATION.-- 3 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 (a) A sexual predator must register with the 2 department through the sheriff's office by providing the 3 following information to the department: 4 1. Name, social security number, age, race, sex, date 5 of birth, height, weight, hair and eye color, photograph, 6 address of legal residence and address of any current 7 temporary residence, within the state or out of state, 8 including a rural route address and a post office box, date 9 and place of any employment, date and place of each 10 conviction, fingerprints, and a brief description of the crime 11 or crimes committed by the offender. A post office box shall 12 not be provided in lieu of a physical residential address. 13 a. If the sexual predator's place of residence is a 14 motor vehicle, trailer, mobile home, or manufactured home, as 15 defined in chapter 320, the sexual predator shall also provide 16 to the department written notice of the vehicle identification 17 number; the license tag number; the registration number; and a 18 description, including color scheme, of the motor vehicle, 19 trailer, mobile home, or manufactured home. If a sexual 20 predator's place of residence is a vessel, live-aboard vessel, 21 or houseboat, as defined in chapter 327, the sexual predator 22 shall also provide to the department written notice of the 23 hull identification number; the manufacturer's serial number; 24 the name of the vessel, live-aboard vessel, or houseboat; the 25 registration number; and a description, including color 26 scheme, of the vessel, live-aboard vessel, or houseboat. 27 b. If the sexual predator is enrolled, employed, or 28 carrying on a vocation at an institution of higher education 29 in this state, the sexual predator shall also provide to the 30 department the name, address, and county of each institution, 31 including each campus attended, and the sexual predator's 4 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 enrollment or employment status. Each change in enrollment or 2 employment status shall be reported in person at the sheriff's 3 office, or the Department of Corrections if the sexual 4 predator is in the custody or control of or under the 5 supervision of the Department of Corrections, within 48 hours 6 after any change in status. The sheriff or the Department of 7 Corrections shall promptly notify each institution of the 8 sexual predator's presence and any change in the sexual 9 predator's enrollment or employment status. 10 2. Any other information determined necessary by the 11 department, including criminal and corrections records; 12 nonprivileged personnel and treatment records; and evidentiary 13 genetic markers when available. 14 (b) If the sexual predator is in the custody or 15 control of, or under the supervision of, the Department of 16 Corrections, or is in the custody of a private correctional 17 facility, the sexual predator must register with the 18 Department of Corrections. A sexual predator who is under the 19 supervision of the Department of Corrections but who is not 20 incarcerated must register with the Department of Corrections 21 within 3 business days after the court finds the offender to 22 be a sexual predator. The Department of Corrections shall 23 provide to the department registration information and the 24 location of, and local telephone number for, any Department of 25 Corrections office that is responsible for supervising the 26 sexual predator. In addition, the Department of Corrections 27 shall notify the department if the sexual predator escapes or 28 absconds from custody or supervision or if the sexual predator 29 dies. 30 (c) If the sexual predator is in the custody of a 31 local jail, the custodian of the local jail shall register the 5 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 sexual predator within 3 business days after intake of the 2 sexual predator for any reason and upon release, and shall 3 forward the registration information to the department. The 4 custodian of the local jail shall also take a digitized 5 photograph of the sexual predator while the sexual predator 6 remains in custody and shall provide the digitized photograph 7 to the department. The custodian shall notify the department 8 if the sexual predator escapes from custody or dies. 9 (e)1. If the sexual predator is not in the custody or 10 control of, or under the supervision of, the Department of 11 Corrections, or is not in the custody of a private 12 correctional facility, the sexual predator shall register in 13 person: 14 a. At the sheriff's office in the county where he or 15 she establishes or maintains a residence within 48 hours after 16 establishing or maintaining a residence in this state; and 17 b. At the sheriff's office in the county where he or 18 she was designated a sexual predator by the court within 48 19 hours after such finding is made. 20 2. and establishes or maintains a residence in the 21 state, the sexual predator shall register in person at the 22 sheriff's office in the county in which the predator 23 establishes or maintains a residence, within 48 hours after 24 establishing permanent or temporary residence in this state. 25 Any change in the sexual predator's permanent or temporary 26 residence or name, after the sexual predator registers in 27 person at the sheriff's office as provided in subparagraph 1., 28 shall be accomplished in the manner provided in paragraphs 29 (g), (i), and (j). When a sexual predator registers with the 30 sheriff's office, the sheriff shall take a photograph and a 31 set of fingerprints of the predator and forward the 6 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 photographs and fingerprints to the department, along with the 2 information that the predator is required to provide pursuant 3 to this section. 4 (l) A sexual predator must maintain registration with 5 the department for the duration of his or her life, unless the 6 sexual predator has received a full pardon or has had a 7 conviction set aside in a postconviction proceeding for any 8 offense that met the criteria for the sexual predator 9 designation. However, a sexual predator who was designated as 10 a sexual predator by a court before October 1, 1998, and who 11 has been lawfully released from confinement, supervision, or 12 sanction, whichever is later, for at least 10 years and has 13 not been arrested for any felony or misdemeanor offense since 14 release, may petition the criminal division of the circuit 15 court in the circuit in which the sexual predator resides for 16 the purpose of removing the sexual predator designation. A 17 sexual predator who was designated a sexual predator by a 18 court on or after October 1, 1998, who has been lawfully 19 released from confinement, supervision, or sanction, whichever 20 is later, for at least 20 years, and who has not been arrested 21 for any felony or misdemeanor offense since release may 22 petition the criminal division of the circuit court in the 23 circuit in which the sexual predator resides for the purpose 24 of removing the sexual predator designation. A sexual predator 25 who was designated as a sexual predator by a court on or after 26 September 1, 2005, who has been lawfully released from 27 confinement, supervision, or sanction, whichever is later, for 28 at least 30 years, and who has not been arrested for any 29 felony or misdemeanor offense since release may petition the 30 criminal division of the circuit court in the circuit in which 31 the sexual predator resides for the purpose of removing the 7 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 sexual predator designation. The court may grant or deny such 2 relief if the petitioner demonstrates to the court that he or 3 she has not been arrested for any crime since release, the 4 requested relief complies with the provisions of the federal 5 Jacob Wetterling Act, as amended, and any other federal 6 standards applicable to the removal of the designation as a 7 sexual predator or required to be met as a condition for the 8 receipt of federal funds by the state, and the court is 9 otherwise satisfied that the petitioner is not a current or 10 potential threat to public safety. The state attorney in the 11 circuit in which the petition is filed must be given notice of 12 the petition at least 3 weeks before the hearing on the 13 matter. The state attorney may present evidence in opposition 14 to the requested relief or may otherwise demonstrate the 15 reasons why the petition should be denied. If the court denies 16 the petition, the court may set a future date at which the 17 sexual predator may again petition the court for relief, 18 subject to the standards for relief provided in this 19 paragraph. Unless specified in the order, a sexual predator 20 who is granted relief under this paragraph must comply with 21 the requirements for registration as a sexual offender and 22 other requirements provided under s. 943.0435 or s. 944.607. 23 If a petitioner obtains an order from the court that imposed 24 the order designating the petitioner as a sexual predator 25 which removes such designation, the petitioner shall forward a 26 certified copy of the written findings or order to the 27 department in order to have the sexual predator designation 28 removed from the sexual predator registry. 29 30 The sheriff shall promptly provide to the department the 31 information received from the sexual predator. 8 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 (8) VERIFICATION.--The department and the Department 2 of Corrections shall implement a system for verifying the 3 addresses of sexual predators. The system must be consistent 4 with the provisions of the federal Adam Walsh Child Protection 5 and Safety Act of 2006 Jacob Wetterling Act, as amended, and 6 any other federal standards applicable to such verification or 7 required to be met as a condition for the receipt of federal 8 funds by the state. The Department of Corrections shall verify 9 the addresses of sexual predators who are not incarcerated but 10 who reside in the community under the supervision of the 11 Department of Corrections and shall report to the department 12 any failure by a sexual predator to comply with registration 13 requirements. County and local law enforcement agencies, in 14 conjunction with the department, shall verify the addresses of 15 sexual predators who are not under the care, custody, control, 16 or supervision of the Department of Corrections. Local law 17 enforcement agencies shall report to the department any 18 failure by a sexual predator to comply with registration 19 requirements. 20 (a) A sexual predator must report in person each year 21 during the month of the sexual predator's birthday and during 22 every third the sixth month thereafter following the sexual 23 predator's birth month to the sheriff's office in the county 24 in which he or she resides or is otherwise located to 25 reregister. The sheriff's office may determine the appropriate 26 times and days for reporting by the sexual predator, which 27 shall be consistent with the reporting requirements of this 28 paragraph. Reregistration shall include any changes to the 29 following information: 30 1. Name; social security number; age; race; sex; date 31 of birth; height; weight; hair and eye color; address of any 9 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 permanent residence and address of any current temporary 2 residence, within the state or out of state, including a rural 3 route address and a post office box; date and place of any 4 employment; vehicle make, model, color, and license tag 5 number; fingerprints; and photograph. A post office box shall 6 not be provided in lieu of a physical residential address. 7 2. If the sexual predator is enrolled, employed, or 8 carrying on a vocation at an institution of higher education 9 in this state, the sexual predator shall also provide to the 10 department the name, address, and county of each institution, 11 including each campus attended, and the sexual predator's 12 enrollment or employment status. 13 3. If the sexual predator's place of residence is a 14 motor vehicle, trailer, mobile home, or manufactured home, as 15 defined in chapter 320, the sexual predator shall also provide 16 the vehicle identification number; the license tag number; the 17 registration number; and a description, including color 18 scheme, of the motor vehicle, trailer, mobile home, or 19 manufactured home. If the sexual predator's place of residence 20 is a vessel, live-aboard vessel, or houseboat, as defined in 21 chapter 327, the sexual predator shall also provide the hull 22 identification number; the manufacturer's serial number; the 23 name of the vessel, live-aboard vessel, or houseboat; the 24 registration number; and a description, including color 25 scheme, of the vessel, live-aboard vessel, or houseboat. 26 (b) The sheriff's office shall, within 2 working days, 27 electronically submit and update all information provided by 28 the sexual predator to the department in a manner prescribed 29 by the department. This procedure shall be implemented by 30 December 1, 2005. 31 (9) IMMUNITY.--The department, the Department of 10 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 Highway Safety and Motor Vehicles, the Department of 2 Corrections, the Department of Juvenile Justice, any law 3 enforcement agency in this state, and the personnel of those 4 departments; an elected or appointed official, public 5 employee, or school administrator; or an employee, agency, or 6 any individual or entity acting at the request or upon the 7 direction of any law enforcement agency is immune from civil 8 liability for damages for good faith compliance with the 9 requirements of this section or for the release of information 10 under this section, and shall be presumed to have acted in 11 good faith in compiling, recording, reporting, or releasing 12 the information. The presumption of good faith is not overcome 13 if a technical or clerical error is made by the department, 14 the Department of Highway Safety and Motor Vehicles, the 15 Department of Corrections, the Department of Juvenile Justice, 16 the personnel of those departments, or any individual or 17 entity acting at the request or upon the direction of any of 18 those departments in compiling or providing information, or if 19 information is incomplete or incorrect because a sexual 20 predator fails to report or falsely reports his or her current 21 place of permanent or temporary residence. 22 (10) PENALTIES.-- 23 (b) A sexual predator who has been convicted of or 24 found to have committed, or has pled nolo contendere or guilty 25 to, regardless of adjudication, any violation, or attempted 26 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where 27 the victim is a minor and the defendant is not the victim's 28 parent or guardian; s. 794.011, excluding s. 794.011(10) s. 29 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 30 796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0145; or 31 s. 985.701(1); or a violation of a similar law of another 11 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 jurisdiction when the victim of the offense was a minor, and 2 who works, whether for compensation or as a volunteer, at any 3 business, school, day care center, park, playground, or other 4 place where children regularly congregate, commits a felony of 5 the third degree, punishable as provided in s. 775.082, s. 6 775.083, or s. 775.084. 7 Section 2. Paragraphs (a) and (b) of subsection (1) 8 and subsections (2), (6), (10), (11), and (14) of section 9 943.0435, Florida Statutes, are amended to read: 10 943.0435 Sexual offenders required to register with 11 the department; penalty.-- 12 (1) As used in this section, the term: 13 (a)1. "Sexual offender" means a person who meets the 14 criteria in sub-subparagraph a., sub-subparagraph b., 15 sub-subparagraph c., or sub-subparagraph d. subparagraph 1., 16 subparagraph 2., or subparagraph 3., as follows: 17 a.(I)1.a. Has been convicted of committing, or 18 attempting, soliciting, or conspiring to commit, any of the 19 criminal offenses proscribed in the following statutes in this 20 state or similar offenses in another jurisdiction: s. 787.01, 21 s. 787.02, or s. 787.025(2)(c), where the victim is a minor 22 and the defendant is not the victim's parent or guardian; s. 23 794.011 chapter 794, excluding s. ss. 794.011(10); s. 794.075 24 and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; 25 s. 827.071; s. 847.0133; s. 847.0135, excluding s. 26 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 27 985.701(1); or any similar offense committed in this state 28 which has been redesignated from a former statute number to 29 one of those listed in this sub-sub-subparagraph 30 sub-subparagraph; and 31 (II)b. Has been released on or after October 1, 1997, 12 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 from the sanction imposed for any conviction of an offense 2 described in sub-sub-subparagraph (I) sub-subparagraph a. For 3 purposes of sub-sub-subparagraph (I) sub-subparagraph a., a 4 sanction imposed in this state or in any other jurisdiction 5 includes, but is not limited to, a fine, probation, community 6 control, parole, conditional release, control release, or 7 incarceration in a state prison, federal prison, private 8 correctional facility, or local detention facility; 9 b.2. Establishes or maintains a residence in this 10 state and who has not been designated as a sexual predator by 11 a court of this state but who has been designated as a sexual 12 predator, as a sexually violent predator, or by another sexual 13 offender designation in another state or jurisdiction and was, 14 as a result of such designation, subjected to registration or 15 community or public notification, or both, or would be if the 16 person were a resident of that state or jurisdiction, without 17 regard to whether the person otherwise meets the criteria for 18 registration as a sexual offender; or 19 c.3. Establishes or maintains a residence in this 20 state who is in the custody or control of, or under the 21 supervision of, any other state or jurisdiction as a result of 22 a conviction for committing, or attempting, soliciting, or 23 conspiring to commit, any of the criminal offenses proscribed 24 in the following statutes or similar offense in another 25 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where 26 the victim is a minor and the defendant is not the victim's 27 parent or guardian; s. 794.011 chapter 794, excluding s. ss. 28 794.011(10); s. 794.075 and 794.0235; s. 796.03; s. 796.035; 29 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 30 excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 31 847.0145; or s. 985.701(1); or any similar offense committed 13 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 in this state which has been redesignated from a former 2 statute number to one of those listed in this 3 sub-subparagraph; or subparagraph. 4 d. On or after July 1, 2007, has been adjudicated 5 delinquent for committing, or attempting, soliciting, or 6 conspiring to commit, any of the criminal offenses proscribed 7 in the following statutes in this state or similar offenses in 8 another jurisdiction when the juvenile was 14 years of age or 9 older at the time of the offense: 10 (I) Section 794.011, excluding s. 794.011(10); 11 (II) Section 800.04(b) where the victim is under 12 12 years of age or where the court finds sexual activity by the 13 use of force or coercion; 14 (III) Section 800.04(5)(c)1. where the court finds 15 molestation involving unclothed genitals or genital area; or 16 (IV) Section 800.04(5)(d) where the court finds the 17 use of force or coercion and unclothed genitals or genital 18 area. 19 2. For all qualifying offenses listed in 20 sub-subparagraph 1.d., the court shall make a written finding 21 of the age of the offender at the time of the offense. 22 23 For each violation of a qualifying offense listed in this 24 subsection, the court shall make a written finding of the age 25 of the victim at the time of the offense. For a violation of 26 s. 800.04(4), the court shall additionally make a written 27 finding indicating that the offense did or did not involve 28 sexual activity and indicating that the offense did or did not 29 involve force or coercion. For a violation of s. 800.04(5), 30 the court shall additionally make a written finding that the 31 offense did or did not involve unclothed genitals or genital 14 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 area and that the offense did or did not involve the use of 2 force or coercion. 3 (b) "Convicted" means that there has been a 4 determination of guilt as a result of a trial or the entry of 5 a plea of guilty or nolo contendere, regardless of whether 6 adjudication is withheld, and includes an adjudication of 7 delinquency of a juvenile as specified in this section. 8 Conviction of a similar offense includes, but is not limited 9 to, a conviction by a federal or military tribunal, including 10 courts-martial conducted by the Armed Forces of the United 11 States, and includes a conviction or entry of a plea of guilty 12 or nolo contendere resulting in a sanction in any state of the 13 United States or other jurisdiction. A sanction includes, but 14 is not limited to, a fine, probation, community control, 15 parole, conditional release, control release, or incarceration 16 in a state prison, federal prison, private correctional 17 facility, or local detention facility. 18 (2) A sexual offender shall: 19 (a) Report in person at the sheriff's office: 20 1. In the county in which the offender establishes or 21 maintains a permanent or temporary residence, within 48 hours 22 after: 23 a. Establishing permanent or temporary residence in 24 this state; or within 48 hours after 25 b. Being released from the custody, control, or 26 supervision of the Department of Corrections or from the 27 custody of a private correctional facility; or. 28 2. In the county where he or she was convicted within 29 48 hours after being convicted for a qualifying offense for 30 registration under this section if the offender is not in the 31 custody or control of, or under the supervision of, the 15 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 Department of Corrections, or is not in the custody of a 2 private correctional facility. 3 4 Any change in the sexual offender's permanent or temporary 5 residence or name, after the sexual offender reports in person 6 at the sheriff's office, shall be accomplished in the manner 7 provided in subsections (4), (7), and (8). 8 (b) Provide his or her name, date of birth, social 9 security number, race, sex, height, weight, hair and eye 10 color, tattoos or other identifying marks, occupation and 11 place of employment, address of permanent or legal residence 12 or address of any current temporary residence, within the 13 state and out of state, including a rural route address and a 14 post office box, date and place of each conviction, and a 15 brief description of the crime or crimes committed by the 16 offender. A post office box shall not be provided in lieu of a 17 physical residential address. 18 1. If the sexual offender's place of residence is a 19 motor vehicle, trailer, mobile home, or manufactured home, as 20 defined in chapter 320, the sexual offender shall also provide 21 to the department through the sheriff's office written notice 22 of the vehicle identification number; the license tag number; 23 the 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 to the 28 department written notice of the hull identification number; 29 the manufacturer's serial number; the name of the vessel, 30 live-aboard vessel, or houseboat; the registration number; and 31 a description, including color scheme, of the vessel, 16 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 live-aboard vessel, or houseboat. 2 2. If the sexual offender is enrolled, employed, or 3 carrying on a vocation at an institution of higher education 4 in this state, the sexual offender shall also provide to the 5 department through the sheriff's office the name, address, and 6 county of each institution, including each campus attended, 7 and the sexual offender's enrollment or employment status. 8 Each change in enrollment or employment status shall be 9 reported in person at the sheriff's office, within 48 hours 10 after any change in status. The sheriff shall promptly notify 11 each institution of the sexual offender's presence and any 12 change in the sexual offender's enrollment or employment 13 status. 14 15 When a sexual offender reports at the sheriff's office, the 16 sheriff shall take a photograph and a set of fingerprints of 17 the offender and forward the photographs and fingerprints to 18 the department, along with the information provided by the 19 sexual offender. The sheriff shall promptly provide to the 20 department the information received from the sexual offender. 21 (6) County and local law enforcement agencies, in 22 conjunction with the department, shall verify the addresses of 23 sexual offenders who are not under the care, custody, control, 24 or supervision of the Department of Corrections in a manner 25 that is consistent with the provisions of the federal Adam 26 Walsh Child Protection and Safety Act of 2006 Jacob Wetterling 27 Act, as amended, and any other federal standards applicable to 28 such verification or required to be met as a condition for the 29 receipt of federal funds by the state. Local law enforcement 30 agencies shall report to the department any failure by a 31 sexual offender to comply with registration requirements. 17 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 (10) The department, the Department of Highway Safety 2 and Motor Vehicles, the Department of Corrections, the 3 Department of Juvenile Justice, any law enforcement agency in 4 this state, and the personnel of those departments; an elected 5 or appointed official, public employee, or school 6 administrator; or an employee, agency, or any individual or 7 entity acting at the request or upon the direction of any law 8 enforcement agency is immune from civil liability for damages 9 for good faith compliance with the requirements of this 10 section or for the release of information under this section, 11 and shall be presumed to have acted in good faith in 12 compiling, recording, reporting, or releasing the information. 13 The presumption of good faith is not overcome if a technical 14 or clerical error is made by the department, the Department of 15 Highway Safety and Motor Vehicles, the Department of 16 Corrections, the Department of Juvenile Justice, the personnel 17 of those departments, or any individual or entity acting at 18 the request or upon the direction of any of those departments 19 in compiling or providing information, or if information is 20 incomplete or incorrect because a sexual offender fails to 21 report or falsely reports his or her current place of 22 permanent or temporary residence. 23 (11) Except as provided in s. 943.04354, a sexual 24 offender must maintain registration with the department for 25 the duration of his or her life, unless the sexual offender 26 has received a full pardon or has had a conviction set aside 27 in a postconviction proceeding for any offense that meets the 28 criteria for classifying the person as a sexual offender for 29 purposes of registration. However, a sexual offender: 30 (a)1. Who has been lawfully released from confinement, 31 supervision, or sanction, whichever is later, for at least 25 18 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 20 years and has not been arrested for any felony or 2 misdemeanor offense since release, provided that the sexual 3 offender's requirement to register was not based upon an adult 4 conviction: 5 a. For a violation of s. 787.01 or s. 787.02; 6 b. For a violation of s. 794.011, excluding s. 7 794.011(10); 8 c. For a violation of s. 800.04(4)(b) where the court 9 finds the offense involved a victim under 12 years of age or 10 sexual activity by the use of force or coercion; 11 d. For a violation of s. 800.04(5)(b); 12 e. For a violation of s. 800.04(5)c.2. where the court 13 finds the offense involved unclothed genitals or genital area; 14 f. For any attempt or conspiracy to commit any such 15 offense; or 16 g. For a violation of similar law of another 17 jurisdiction,; or 18 (b) Who was 18 years of age or under at the time the 19 offense was committed and the victim was 12 years of age or 20 older and adjudication was withheld for that offense, who is 21 released from all sanctions, who has had 10 years elapse since 22 having been placed on probation, and who has not been arrested 23 for any felony or misdemeanor offense since the date of 24 conviction of the qualifying offense 25 26 may petition the criminal division of the circuit court of the 27 circuit in which the sexual offender resides for the purpose 28 of removing the requirement for registration as a sexual 29 offender. 30 2. The court may grant or deny such relief if the 31 offender demonstrates to the court that he or she has not been 19 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 arrested for any crime since release; the requested relief 2 complies with the provisions of the federal Adam Walsh Child 3 Protection and Safety Act of 2006 Jacob Wetterling Act, as 4 amended, and any other federal standards applicable to the 5 removal of registration requirements for a sexual offender or 6 required to be met as a condition for the receipt of federal 7 funds by the state; and the court is otherwise satisfied that 8 the offender is not a current or potential threat to public 9 safety. The state attorney in the circuit in which the 10 petition is filed must be given notice of the petition at 11 least 3 weeks before the hearing on the matter. The state 12 attorney may present evidence in opposition to the requested 13 relief or may otherwise demonstrate the reasons why the 14 petition should be denied. If the court denies the petition, 15 the court may set a future date at which the sexual offender 16 may again petition the court for relief, subject to the 17 standards for relief provided in this subsection. 18 3. The department shall remove an offender from 19 classification as a sexual offender for purposes of 20 registration if the offender provides to the department a 21 certified copy of the court's written findings or order that 22 indicates that the offender is no longer required to comply 23 with the requirements for registration as a sexual offender. 24 (b)(c) As defined in sub-subparagraph (1)(a)1.b. 25 subparagraph (1)(a)2. must maintain registration with the 26 department for the duration of his or her life until the 27 person provides the department with an order issued by the 28 court that designated the person as a sexual predator, as a 29 sexually violent predator, or by another sexual offender 30 designation in the state or jurisdiction in which the order 31 was issued which states that such designation has been removed 20 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 or demonstrates to the department that such designation, if 2 not imposed by a court, has been removed by operation of law 3 or court order in the state or jurisdiction in which the 4 designation was made, and provided such person no longer meets 5 the criteria for registration as a sexual offender under the 6 laws of this state. 7 (14)(a) A sexual offender must report in person each 8 year during the month of the sexual offender's birthday and 9 during the sixth month following the sexual offender's birth 10 month to the sheriff's office in the county in which he or she 11 resides or is otherwise located to reregister. 12 (b) However, a sexual offender who is required to 13 register as a result of a conviction for: 14 a. Section 787.01 or s. 787.02 where the victim is a 15 minor and the offender is not the victim's parent or guardian; 16 b. Section 794.011, excluding s. 794.011(10); 17 c. Section 800.04(4)(b) where the court finds the 18 offense involved a victim under 12 years of age or sexual 19 activity by the use of force or coercion; 20 d. Section 800.04(5)(b); 21 e. Section 800.04(5)(c)1. where the court finds 22 molestation involving unclothed genitals or genital area; 23 f. Section 800.04(5)c.2. where the court finds 24 molestation involving unclothed genitals or genital area; 25 g. Section 800.04(5)(d) where the court finds the use 26 of force or coercion and unclothed genitals or genital area; 27 h. Any attempt or conspiracy to commit such offense; 28 or 29 i. A violation of a similar law of another 30 jurisdiction, 31 21 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 must reregister each year during the month of the sexual 2 offender's birthday and every third month thereafter. 3 (c) The sheriff's office may determine the appropriate 4 times and days for reporting by the sexual offender, which 5 shall be consistent with the reporting requirements of this 6 subsection paragraph. Reregistration shall include any changes 7 to the following information: 8 1. Name; social security number; age; race; sex; date 9 of birth; height; weight; hair and eye color; address of any 10 permanent residence and address of any current temporary 11 residence, within the state or out of state, including a rural 12 route address and a post office box; date and place of any 13 employment; vehicle make, model, color, and license tag 14 number; fingerprints; and photograph. A post office box shall 15 not be provided in lieu of a physical residential address. 16 2. If the sexual offender is enrolled, employed, or 17 carrying on a vocation at an institution of higher education 18 in this state, the sexual offender shall also provide to the 19 department the name, address, and county of each institution, 20 including each campus attended, and the sexual offender's 21 enrollment or employment status. 22 3. If the sexual offender's place of residence is a 23 motor vehicle, trailer, mobile home, or manufactured home, as 24 defined in chapter 320, the sexual offender shall also provide 25 the vehicle identification number; the license tag number; the 26 registration number; and a description, including color 27 scheme, of the motor vehicle, trailer, mobile home, or 28 manufactured home. If the sexual offender's place of residence 29 is a vessel, live-aboard vessel, or houseboat, as defined in 30 chapter 327, the sexual offender shall also provide the hull 31 identification number; the manufacturer's serial number; the 22 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 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 4. Any sexual offender who fails to report in person 5 as required at the sheriff's office, or who fails to respond 6 to any address verification correspondence from the department 7 within 3 weeks of the date of the correspondence, commits a 8 felony of the third degree, punishable as provided in s. 9 775.082, s. 775.083, or s. 775.084. 10 (d)(b) The sheriff's office shall, within 2 working 11 days, electronically submit and update all information 12 provided by the sexual offender to the department in a manner 13 prescribed by the department. This procedure shall be 14 implemented by December 1, 2005. 15 Section 3. Section 943.44353, Florida Statutes, is 16 created to read: 17 943.44353 Automatic notification of registration 18 information regarding sexual predators and offenders.-- 19 (1) No later than January 1, 2008, the department 20 shall develop and maintain a system to provide automatic 21 notification of registration information regarding sexual 22 predators and sexual offenders to the public. 23 (2) In accordance with the federal Adam Walsh Child 24 Protection and Safety Act of 2006, schools, public housing 25 agencies, agencies responsible for conducting 26 employment-related background checks under s. 3 of the 27 National Child Protection Act of 1993, 42 U.S.C. s. 5119a, as 28 amended, social service entities responsible for protecting 29 minors in the child welfare system, volunteer organizations in 30 which contact with minors or other vulnerable individuals 31 might occur, and any other such organization, company, or 23 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 individual shall have access to the notification system. 2 Section 4. Subsection (3) is added to section 3 943.0515, Florida Statutes, to read: 4 943.0515 Retention of criminal history records of 5 minors.-- 6 (3) Notwithstanding any other provision of this 7 section, the Criminal Justice Information Program shall retain 8 the criminal history record of a minor adjudicated delinquent 9 for a violation committed on or after July 1, 2007, as 10 provided in s. 943.0435(1)(d)1.d. Such records may not be 11 destroyed and must be merged with the person's adult criminal 12 history record and retained as a part of the person's adult 13 record. 14 Section 5. Paragraph (b) of subsection (1) and 15 paragraph (a) of subsection (3) of section 944.606, Florida 16 Statutes, are amended to read: 17 944.606 Sexual offenders; notification upon release.-- 18 (1) As used in this section: 19 (b) "Sexual offender" means a person who has been 20 convicted of committing, or attempting, soliciting, or 21 conspiring to commit, any of the criminal offenses proscribed 22 in the following statutes in this state or similar offenses in 23 another jurisdiction: s. 787.01, s. 787.02, or s. 24 787.025(2)(c), where the victim is a minor and the defendant 25 is not the victim's parent or guardian; s. 794.011 chapter 26 794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s. 27 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 28 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; 29 s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar 30 offense committed in this state which has been redesignated 31 from a former statute number to one of those listed in this 24 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 subsection, when the department has received verified 2 information regarding such conviction; an offender's 3 computerized criminal history record is not, in and of itself, 4 verified information. 5 (3)(a) The department must provide information 6 regarding any sexual offender who is being released after 7 serving a period of incarceration for any offense, as follows: 8 1. The department must provide: the sexual offender's 9 name, any change in the offender's name by reason of marriage 10 or other legal process, and any alias, if known; the 11 correctional facility from which the sexual offender is 12 released; the sexual offender's social security number, race, 13 sex, date of birth, height, weight, and hair and eye color; 14 date and county of sentence and each crime for which the 15 offender was sentenced; a copy of the offender's fingerprints 16 and a digitized photograph taken within 60 days before 17 release; the date of release of the sexual offender; and the 18 offender's intended residence address, if known. The 19 department shall notify the Department of Law Enforcement if 20 the sexual offender escapes, absconds, or dies. If the sexual 21 offender is in the custody of a private correctional facility, 22 the facility shall take the digitized photograph of the sexual 23 offender within 60 days before the sexual offender's release 24 and provide this photograph to the Department of Corrections 25 and also place it in the sexual offender's file. If the sexual 26 offender is in the custody of a local jail, the custodian of 27 the local jail shall register the offender within 3 business 28 days after intake of the offender for any reason and upon 29 release, and shall notify the Department of Law Enforcement of 30 the sexual offender's release and provide to the Department of 31 Law Enforcement the information specified in this paragraph 25 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 and any information specified in subparagraph 2. that the 2 Department of Law Enforcement requests. 3 2. The department may provide any other information 4 deemed necessary, including criminal and corrections records, 5 nonprivileged personnel and treatment records, when available. 6 Section 6. Paragraph (a) of subsection (1) and 7 subsections (4), (7), (11), and (13) of section 944.607, 8 Florida Statutes, are amended to read: 9 944.607 Notification to Department of Law Enforcement 10 of information on sexual offenders.-- 11 (1) As used in this section, the term: 12 (a) "Sexual offender" means a person who is in the 13 custody or control of, or under the supervision of, the 14 department or is in the custody of a private correctional 15 facility: 16 1. On or after October 1, 1997, as a result of a 17 conviction for committing, or attempting, soliciting, or 18 conspiring to commit, any of the criminal offenses proscribed 19 in the following statutes in this state or similar offenses in 20 another jurisdiction: s. 787.01, s. 787.02, or s. 21 787.025(2)(c), where the victim is a minor and the defendant 22 is not the victim's parent or guardian; s. 794.011 chapter 23 794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s. 24 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 25 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; 26 s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar 27 offense committed in this state which has been redesignated 28 from a former statute number to one of those listed in this 29 paragraph; or 30 2. Who establishes or maintains a residence in this 31 state and who has not been designated as a sexual predator by 26 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 a court of this state but who has been designated as a sexual 2 predator, as a sexually violent predator, or by another sexual 3 offender designation in another state or jurisdiction and was, 4 as a result of such designation, subjected to registration or 5 community or public notification, or both, or would be if the 6 person were a resident of that state or jurisdiction, without 7 regard as to whether the person otherwise meets the criteria 8 for registration as a sexual offender. 9 (4) A sexual offender, as described in this section, 10 who is under the supervision of the Department of Corrections 11 but is not incarcerated must register with the Department of 12 Corrections within 3 business days after sentencing for a 13 registerable offense and otherwise provide information as 14 required by this subsection. 15 (a) The sexual offender shall provide his or her name; 16 date of birth; social security number; race; sex; height; 17 weight; hair and eye color; tattoos or other identifying 18 marks; and permanent or legal residence and address of 19 temporary residence within the state or out of state while the 20 sexual offender is under supervision in this state, including 21 any rural route address or post office box. The Department of 22 Corrections shall verify the address of each sexual offender 23 in the manner described in ss. 775.21 and 943.0435. The 24 department shall report to the Department of Law Enforcement 25 any failure by a sexual predator or sexual offender to comply 26 with registration requirements. 27 (b) If the sexual offender is enrolled, employed, or 28 carrying on a vocation at an institution of higher education 29 in this state, the sexual offender shall provide the name, 30 address, and county of each institution, including each campus 31 attended, and the sexual offender's enrollment or employment 27 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 status. Each change in enrollment or employment status shall 2 be reported to the department within 48 hours after the change 3 in status. The Department of Corrections shall promptly notify 4 each institution of the sexual offender's presence and any 5 change in the sexual offender's enrollment or employment 6 status. 7 (7) If the sexual offender is in the custody of a 8 local jail, the custodian of the local jail shall register the 9 offender within 3 business days after intake of the offender 10 for any reason and upon release, and shall forward the 11 information to the Department of Law Enforcement. The 12 custodian of the local jail shall also take a digitized 13 photograph of the sexual offender while the offender remains 14 in custody and shall provide the digitized photograph to the 15 Department of Law Enforcement. 16 (11) The department, the Department of Highway Safety 17 and Motor Vehicles, the Department of Law Enforcement, the 18 Department of Corrections, the Department of Juvenile Justice, 19 personnel of those departments, and any individual or entity 20 acting at the request or upon the direction of those 21 departments are immune from civil liability for damages for 22 good faith compliance with this section, and shall be presumed 23 to have acted in good faith in compiling, recording, 24 reporting, or providing information. The presumption of good 25 faith is not overcome if technical or clerical errors are made 26 by the department, the Department of Highway Safety and Motor 27 Vehicles, the Department of Law Enforcement, the Department of 28 Juvenile Justice, personnel of those departments, or any 29 individual or entity acting at the request or upon the 30 direction of those departments in compiling, recording, 31 reporting, or providing information, or, if the information is 28 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 incomplete or incorrect because the information has not been 2 provided by a person or agency required to provide the 3 information, or because the information was not reported or 4 was falsely reported. 5 (13)(a) A sexual offender must report in person each 6 year during the month of the sexual offender's birthday and 7 during the sixth month following the sexual offender's birth 8 month to the sheriff's office in the county in which he or she 9 resides or is otherwise located to reregister. 10 (b) However, a sexual offender who is required to 11 register as a result of a conviction for: 12 a. Section 787.01 or s. 787.02 where the victim is a 13 minor and the offender is not the victim's parent or guardian; 14 b. Section 794.011, excluding s. 794.011(10); 15 c. Section 800.04(b) where the victim is under 12 16 years of age or where the court finds sexual activity by the 17 use of force or coercion; 18 d. Section 800.04(5)(b); 19 e. Section 800.04(5)(c)1. where the court finds 20 molestation involving unclothed genitals or genital area; 21 f. Section 800.04(5)c.2. where the court finds 22 molestation involving unclothed genitals or genital area; 23 g. Section 800.04(5)(d) where the court finds the use 24 of force or coercion and unclothed genitals or genital area; 25 h. Any attempt or conspiracy to commit such offense; 26 or 27 i. A violation of a similar law of another 28 jurisdiction, 29 30 must reregister each year during the month of the sexual 31 offender's birthday and every third month thereafter. 29 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 (c) The sheriff's office may determine the appropriate 2 times and days for reporting by the sexual offender, which 3 shall be consistent with the reporting requirements of this 4 subsection paragraph. Reregistration shall include any changes 5 to the following information: 6 1. Name; social security number; age; race; sex; date 7 of birth; height; weight; hair and eye color; address of any 8 permanent residence and address of any current temporary 9 residence, within the state or out of state, including a rural 10 route address and a post office box; date and place of any 11 employment; vehicle make, model, color, and license tag 12 number; fingerprints; and photograph. A post office box shall 13 not be provided in lieu of a physical residential address. 14 2. If the sexual offender is enrolled, employed, or 15 carrying on a vocation at an institution of higher education 16 in this state, the sexual offender shall also provide to the 17 department the name, address, and county of each institution, 18 including each campus attended, and the sexual offender's 19 enrollment or employment status. 20 3. If the sexual offender's place of residence is a 21 motor vehicle, trailer, mobile home, or manufactured home, as 22 defined in chapter 320, the sexual offender shall also provide 23 the vehicle identification number; the license tag number; the 24 registration number; and a description, including color 25 scheme, of the motor vehicle, trailer, mobile home, or 26 manufactured home. If the sexual offender's place of residence 27 is a vessel, live-aboard vessel, or houseboat, as defined in 28 chapter 327, the sexual offender shall also provide the hull 29 identification number; the manufacturer's serial number; the 30 name of the vessel, live-aboard vessel, or houseboat; the 31 registration number; and a description, including color 30 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 scheme, of the vessel, live-aboard vessel or houseboat. 2 4. Any sexual offender who fails to report in person 3 as required at the sheriff's office, or who fails to respond 4 to any address verification correspondence from the department 5 within 3 weeks of the date of the correspondence, commits a 6 felony of the third degree, punishable as provided in s. 7 775.082, s. 775.083, or s. 775.084. 8 (d)(b) The sheriff's office shall, within 2 working 9 days, electronically submit and update all information 10 provided by the sexual offender to the department in a manner 11 prescribed by the department. This procedure shall be 12 implemented by December 1, 2005. 13 Section 7. Subsection (6) of section 985.04, Florida 14 Statutes, is amended to read: 15 985.04 Oaths; records; confidential information.-- 16 (6)(a) Records maintained by the department, including 17 copies of records maintained by the court, which pertain to a 18 child found to have committed a delinquent act which, if 19 committed by an adult, would be a crime specified in ss. 20 435.03 and 435.04 may not be destroyed under this section for 21 a period of 25 years after the youth's final referral to the 22 department, except in cases of the death of the child. Such 23 records, however, shall be sealed by the court for use only in 24 meeting the screening requirements for personnel in s. 25 402.3055 and the other sections cited above, or under 26 departmental rule; however, current criminal history 27 information must be obtained from the Department of Law 28 Enforcement in accordance with s. 943.053. The information 29 shall be released to those persons specified in the above 30 cited sections for the purposes of complying with those 31 sections. The court may punish by contempt any person who 31 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 releases or uses the records for any unauthorized purpose. 2 (b) Sexual offender and predator registration 3 information as required in ss. 775.21, 943.0435, 944.606, 4 944.607, 985.481, and 985.4815 is a public record pursuant to 5 s. 119.07(1) and as otherwise provided by law. 6 Section 8. Subsection (2) of section 985.045, Florida 7 Statutes, is amended to read: 8 985.045 Court records.-- 9 (2) The clerk shall keep all official records required 10 by this section separate from other records of the circuit 11 court, except those records pertaining to motor vehicle 12 violations, which shall be forwarded to the Department of 13 Highway Safety and Motor Vehicles. Except as provided in ss. 14 943.053, 985.04(6)(b), and 985.04(7), official records 15 required by this chapter are not open to inspection by the 16 public, but may be inspected only upon order of the court by 17 persons deemed by the court to have a proper interest therein, 18 except that a child and the parents, guardians, or legal 19 custodians of the child and their attorneys, law enforcement 20 agencies, the Department of Juvenile Justice and its 21 designees, the Parole Commission, the Department of 22 Corrections, and the Justice Administrative Commission shall 23 always have the right to inspect and copy any official record 24 pertaining to the child. The court may permit authorized 25 representatives of recognized organizations compiling 26 statistics for proper purposes to inspect, and make abstracts 27 from, official records under whatever conditions upon the use 28 and disposition of such records the court may deem proper and 29 may punish by contempt proceedings any violation of those 30 conditions. 31 Section 9. Section 985.481, Florida Statutes, is 32 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 created to read: 2 985.481 Sexual offenders adjudicated delinquent; 3 notification upon release.-- 4 (1) As used in this section: 5 (a) "Convicted" has the same meaning as provided in 6 s. 943.0435. 7 (b) "Sexual offender" means a person who has been 8 adjudicated delinquent as provided in s. 943.0435(1)(a)1.d. 9 (2) The Legislature finds that certain juvenile sexual 10 offenders pose a high risk of engaging in sexual offenses even 11 after being released from commitment and that protection of 12 the public from sexual offenders is a paramount governmental 13 interest. Sexual offenders have a reduced expectation of 14 privacy because of the public's interest in public safety and 15 in the effective operation of government. Releasing sexual 16 offender information to law enforcement agencies, to persons 17 who request such information, and to the public by a law 18 enforcement agency or public agency will further the 19 governmental interests of public safety. 20 (3)(a) The department must provide information 21 regarding any sexual offender who is being released after 22 serving a period of residential commitment under the 23 department for any offense, as follows: 24 1. The department must provide the sexual offender's 25 name, any change in the offender's name by reason of marriage 26 or other legal process, and any alias, if known; the 27 correctional facility from which the sexual offender is 28 released; the sexual offender's social security number, race, 29 sex, date of birth, height, weight, and hair and eye color; 30 date and county of disposition and each crime for which there 31 was a disposition; a copy of the offender's fingerprints and a 33 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 digitized photograph taken within 60 days before release; the 2 date of release of the sexual offender; and the offender's 3 intended residence address, if known. The department shall 4 notify the Department of Law Enforcement if the sexual 5 offender escapes, absconds, or dies. If the sexual offender is 6 in the custody of a private correctional facility, the 7 facility shall take the digitized photograph of the sexual 8 offender within 60 days before the sexual offender's release 9 and also place it in the sexual offender's file. If the sexual 10 offender is in the custody of a local jail, the custodian of 11 the local jail shall register the offender within 3 business 12 days after intake of the offender for any reason and upon 13 release, and shall notify the Department of Law Enforcement of 14 the sexual offender's release and provide to the Department of 15 Law Enforcement the information specified in this subparagraph 16 and any information specified in subparagraph 2. which the 17 Department of Law Enforcement requests. 18 2. The department may provide any other information 19 considered necessary, including criminal and delinquency 20 records, when available. 21 (b) No later than November 1, 2007, the department 22 must make the information described in subparagraph (a)1. 23 available electronically to the Department of Law Enforcement 24 in its database and in a format that is compatible with the 25 requirements of the Florida Crime Information Center. 26 (c) Upon receiving information regarding a sexual 27 offender from the department, the Department of Law 28 Enforcement, the sheriff, or the chief of police shall provide 29 the information described in subparagraph (a)1. to any 30 individual who requests such information and may release the 31 information to the public in any manner considered 34 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 appropriate, unless the information so received is 2 confidential or exempt from s. 119.07(1) and s. 24(a), Art. I 3 of the State Constitution. 4 (4) This section authorizes the department or any law 5 enforcement agency to notify the community and the public of a 6 sexual offender's presence in the community. However, with 7 respect to a sexual offender who has been found to be a sexual 8 predator under chapter 775, the Department of Law Enforcement 9 or any other law enforcement agency must inform the community 10 and the public of the sexual predator's presence in the 11 community as provided in chapter 775. 12 (5) An elected or appointed official, public employee, 13 school administrator or employee, or agency, or any individual 14 or entity acting at the request or upon the direction of any 15 law enforcement agency, is immune from civil liability for 16 damages resulting from the release of information under this 17 section. 18 Section 10. Section 985.4815, Florida Statutes, is 19 created to read: 20 985.4815 Notification to Department of Law Enforcement 21 of information on juvenile sexual offenders.-- 22 (1) As used in this section, the term: 23 (a) "Change in enrollment or employment status" means 24 the commencement or termination of enrollment or employment or 25 a change in location of enrollment or employment. 26 (b) "Conviction" has the same meaning as provided in 27 s. 943.0435. 28 (c) "Institution of higher education" means a career 29 center, community college, college, state university, or 30 independent postsecondary institution. 31 (d) "Sexual offender" means a person who is in the 35 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 care or custody or under the jurisdiction or supervision of 2 the department or is in the custody of a private correctional 3 facility and who: 4 1. Has been adjudicated delinquent as provided in s. 5 943.0435(1)(a)1.d.; or 6 2. Establishes or maintains a residence in this state 7 and has not been designated as a sexual predator by a court of 8 this state but has been designated as a sexual predator, as a 9 sexually violent predator, or by another sexual offender 10 designation in another state or jurisdiction and was, as a 11 result of such designation, subjected to registration or 12 community or public notification, or both, or would be if the 13 person were a resident of that state or jurisdiction, without 14 regard to whether the person otherwise meets the criteria for 15 registration as a sexual offender. 16 (2) The clerk of the court that adjudicated and 17 entered a disposition regarding the sexual offender for the 18 offense or offenses for which he or she was convicted shall 19 forward to the department and the Department of Law 20 Enforcement a certified copy of any order entered by the court 21 imposing any special condition or restriction on the sexual 22 offender which restricts or prohibits access to the victim, if 23 the victim is a minor, or to other minors. The Department of 24 Law Enforcement may include on its Internet website such 25 special conditions or restrictions. 26 (3) If a sexual offender is not sentenced to a term of 27 residential commitment, the clerk of the court shall ensure 28 that the sexual offender's fingerprints are taken and 29 forwarded to the Department of Law Enforcement within 48 hours 30 after the court sentences the offender. The fingerprint card 31 shall be clearly marked "Sexual Offender Registration Card." 36 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 (4) A sexual offender, as described in this section, 2 who is under the supervision of the department but who is not 3 committed must register with the department within 3 business 4 days after adjudication and disposition for a registerable 5 offense and otherwise provide information as required by this 6 subsection. 7 (a) The sexual offender shall provide his or her name; 8 date of birth; social security number; race; sex; height; 9 weight; hair and eye color; tattoos or other identifying 10 marks; and permanent or legal residence and address of 11 temporary residence within the state or out of state while the 12 sexual offender is in the care or custody or under the 13 jurisdiction or supervision of the department in this state, 14 including any rural route address or post office box, and the 15 name and address of each school attended. The department shall 16 verify the address of each sexual offender and shall report to 17 the Department of Law Enforcement any failure by a sexual 18 offender to comply with registration requirements. 19 (b) If the sexual offender is enrolled, employed, or 20 carrying on a vocation at an institution of higher education 21 in this state, the sexual offender shall provide the name, 22 address, and county of each institution, including each campus 23 attended, and the sexual offender's enrollment or employment 24 status. Each change in enrollment or employment status shall 25 be reported to the department within 48 hours after the change 26 in status. The department shall promptly notify each 27 institution of the sexual offender's presence and any change 28 in the sexual offender's enrollment or employment status. 29 (5) In addition to notification and transmittal 30 requirements imposed by any other provision of law, the 31 department shall compile information on any sexual offender 37 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 and provide the information to the Department of Law 2 Enforcement. No later than November 1, 2007, the department 3 must make the information available electronically to the 4 Department of Law Enforcement in its database in a format that 5 is compatible with the requirements of the Florida Crime 6 Information Center. 7 (6)(a) The information provided to the Department of 8 Law Enforcement must include the following: 9 1. The information obtained from the sexual offender 10 under subsection (4). 11 2. The sexual offender's most current address and 12 place of permanent or temporary residence within the state or 13 out of state while the sexual offender is in the care or 14 custody or under the jurisdiction or supervision of the 15 department in this state, including the name of the county or 16 municipality in which the offender permanently or temporarily 17 resides and, if known, the intended place of permanent or 18 temporary residence upon satisfaction of all sanctions. 19 3. The legal status of the sexual offender and the 20 scheduled termination date of that legal status. 21 4. The location of, and local telephone number for, 22 any department office that is responsible for supervising the 23 sexual offender. 24 5. An indication of whether the victim of the offense 25 that resulted in the offender's status as a sexual offender 26 was a minor. 27 6. The offense or offenses at adjudication and 28 disposition that resulted in the determination of the 29 offender's status as a sex offender. 30 7. A digitized photograph of the sexual offender, 31 which must have been taken within 60 days before the offender 38 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 was released from the custody of the department or a private 2 correctional facility by expiration of sentence under s. 3 944.275, or within 60 days after the onset of the department's 4 supervision of any sexual offender who is on probation, 5 postcommitment probation, residential commitment, 6 nonresidential commitment, licensed child-caring commitment, 7 community control, conditional release, parole, provisional 8 release, or control release or who is supervised by the 9 department under the Interstate Compact Agreement for 10 Probationers and Parolees. If the sexual offender is in the 11 custody of a private correctional facility, the facility shall 12 take a digitized photograph of the sexual offender within the 13 time period provided in this subparagraph and shall provide 14 the photograph to the department. 15 (b) If any information provided by the department 16 changes during the time the sexual offender is under the 17 department's care, control, custody, or supervision, including 18 any change in the offender's name by reason of marriage or 19 other legal process, the department shall, in a timely manner, 20 update the information and provide it to the Department of Law 21 Enforcement in the manner prescribed in subsection (5). 22 (7) If the sexual offender is in the custody of a 23 local jail, the custodian of the local jail shall register the 24 offender within 3 business days after intake of the offender 25 for any reason and upon release, and shall forward the 26 information to the Department of Law Enforcement. The 27 custodian of the local jail shall also take a digitized 28 photograph of the sexual offender while the offender remains 29 in custody and shall provide the digitized photograph to the 30 Department of Law Enforcement. 31 (8) If the sexual offender is under federal 39 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 supervision, the federal agency responsible for supervising 2 the sexual offender may forward to the Department of Law 3 Enforcement any information regarding the sexual offender 4 which is consistent with the information provided by the 5 department under this section and may indicate whether use of 6 the information is restricted to law enforcement purposes only 7 or may be used by the Department of Law Enforcement for 8 purposes of public notification. 9 (9) A sexual offender, as described in this section, 10 who is under the care, jurisdiction, or supervision of the 11 department but who is not incarcerated shall, in addition to 12 the registration requirements provided in subsection (4), 13 register in the manner provided in s. 943.0435(3), (4), and 14 (5), unless the sexual offender is a sexual predator, in which 15 case he or she shall register as required under s. 775.21. A 16 sexual offender who fails to comply with the requirements of 17 s. 943.0435 is subject to the penalties provided in s. 18 943.0435(9). 19 (10)(a) The failure of a sexual offender to submit to 20 the taking of a digitized photograph, or to otherwise comply 21 with the requirements of this section, is a felony of the 22 third degree, punishable as provided in s. 775.082, s. 23 775.083, or s. 775.084. 24 (b) A sexual offender who commits any act or omission 25 in violation of this section may be prosecuted for the act or 26 omission in the county in which the act or omission was 27 committed, the county of the last registered address of the 28 sexual offender, or the county in which the adjudication and 29 disposition occurred for the offense or offenses that meet the 30 criteria for designating a person as a sexual offender. 31 (c) An arrest on charges of failure to register when 40 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 the offender has been provided and advised of his or her 2 statutory obligations to register under s. 943.0435(2), the 3 service of an information or a complaint for a violation of 4 this section, or an arraignment on charges for a violation of 5 this section constitutes actual notice of the duty to 6 register. A sexual offender's failure to immediately register 7 as required by this section following such arrest, service, or 8 arraignment constitutes grounds for a subsequent charge of 9 failure to register. A sexual offender charged with the crime 10 of failure to register who asserts, or intends to assert, a 11 lack of notice of the duty to register as a defense to a 12 charge of failure to register shall immediately register as 13 required by this section. A sexual offender who is charged 14 with a subsequent failure to register may not assert the 15 defense of a lack of notice of the duty to register. 16 (d) Registration following such arrest, service, or 17 arraignment is not a defense and does not relieve the sexual 18 offender of criminal liability for the failure to register. 19 (11) The department, the Department of Highway Safety 20 and Motor Vehicles, the Department of Law Enforcement, the 21 Department of Corrections, personnel of those departments, and 22 any individual or entity acting at the request or upon the 23 direction of those departments are immune from civil liability 24 for damages for good faith compliance with this section and 25 shall be presumed to have acted in good faith in compiling, 26 recording, reporting, or providing information. The 27 presumption of good faith is not overcome if technical or 28 clerical errors are made by the department, the Department of 29 Highway Safety and Motor Vehicles, the Department of Law 30 Enforcement, the Department of Corrections, personnel of those 31 departments, or any individual or entity acting at the request 41 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 or upon the direction of those departments in compiling, 2 recording, reporting, or providing information, or, if the 3 information is incomplete or incorrect because the information 4 has not been provided by a person or agency required to 5 provide it, was not reported, or was falsely reported. 6 (12) Any person who has reason to believe that a 7 sexual offender is not complying, or has not complied, with 8 the requirements of this section and who, with the intent to 9 assist the sexual offender in eluding a law enforcement agency 10 that is seeking to find the sexual offender to question the 11 sexual offender about, or to arrest the sexual offender for, 12 his or her noncompliance with the requirements of this 13 section: 14 (a) Withholds information from, or does not notify, 15 the law enforcement agency about the sexual offender's 16 noncompliance with the requirements of this section and, if 17 known, the whereabouts of the sexual offender; 18 (b) Harbors, attempts to harbor, or assists another 19 person in harboring or attempting to harbor the sexual 20 offender; 21 (c) Conceals, attempts to conceal, or assists another 22 person in concealing or attempting to conceal the sexual 23 offender; or 24 (d) Provides information to the law enforcement agency 25 regarding the sexual offender that the person knows to be 26 false 27 28 commits a felony of the third degree, punishable as provided 29 in s. 775.082, s. 775.083, or s. 775.084. This subsection does 30 not apply if the sexual offender is incarcerated in or is in 31 the custody of a state correctional facility, a private 42 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 correctional facility, a local jail, or a federal correctional 2 facility. 3 (13)(a) A sexual offender must report in person each 4 year during the month of the sexual offender's birthday and 5 during every third month thereafter to the sheriff's office in 6 the county in which he or she resides or is otherwise located 7 to reregister. 8 (b) The sheriff's office may determine the appropriate 9 times and days for reporting by the sexual offender, which 10 shall be consistent with the reporting requirements of this 11 subsection. Reregistration shall include any changes to the 12 following information: 13 1. Name; social security number; age; race; sex; date 14 of birth; height; weight; hair and eye color; address of any 15 permanent residence and address of any current temporary 16 residence, within the state or out of state, including a rural 17 route address and a post office box; name and address of each 18 school attended; date and place of any employment; vehicle 19 make, model, color, and license tag number; fingerprints; and 20 photograph. A post office box shall not be provided in lieu of 21 a physical residential address. 22 2. If the sexual offender is enrolled, employed, or 23 carrying on a vocation at an institution of higher education 24 in this state, the sexual offender shall also provide to the 25 department the name, address, and county of each institution, 26 including each campus attended, and the sexual offender's 27 enrollment or employment status. 28 3. If the sexual offender's place of residence is a 29 motor vehicle, trailer, mobile home, or manufactured home, as 30 defined in chapter 320, the sexual offender shall also provide 31 the vehicle identification number; the license tag number; the 43 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 registration number; and a description, including color 2 scheme, of the motor vehicle, trailer, mobile home, or 3 manufactured home. If the sexual offender's place of residence 4 is a vessel, live-aboard vessel, or houseboat, as defined in 5 chapter 327, the sexual offender shall also provide the hull 6 identification number; the manufacturer's serial number; the 7 name of the vessel, live-aboard vessel, or houseboat; the 8 registration number; and a description, including color 9 scheme, of the vessel, live-aboard vessel, or houseboat. 10 4. Any sexual offender who fails to report in person 11 as required at the sheriff's office, or who fails to respond 12 to any address verification correspondence from the department 13 within 3 weeks after the date of the correspondence, commits a 14 felony of the third degree, punishable as provided in s. 15 775.082, s. 775.083, and s. 775.084. 16 (c) The sheriff's office shall, within 2 working days, 17 electronically submit and update all information provided by 18 the sexual offender to the Department of Law Enforcement in a 19 manner prescribed by that department. 20 Section 11. Paragraph (g) of subsection (3) of section 21 921.0022, Florida Statutes, is amended to read: 22 921.0022 Criminal Punishment Code; offense severity 23 ranking chart.-- 24 (3) OFFENSE SEVERITY RANKING CHART 25 26 Florida Felony 27 Statute Degree Description 28 29 30 (g) LEVEL 7 31 44 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 316.027(1)(b) 1st Accident involving death, failure 2 to stop; leaving scene. 3 316.193(3)(c)2. 3rd DUI resulting in serious bodily 4 injury. 5 316.1935(3)(b) 1st Causing serious bodily injury or 6 death to another person; driving 7 at high speed or with wanton 8 disregard for safety while 9 fleeing or attempting to elude 10 law enforcement officer who is in 11 a patrol vehicle with siren and 12 lights activated. 13 327.35(3)(c)2. 3rd Vessel BUI resulting in serious 14 bodily injury. 15 402.319(2) 2nd Misrepresentation and negligence 16 or intentional act resulting in 17 great bodily harm, permanent 18 disfiguration, permanent 19 disability, or death. 20 409.920(2) 3rd Medicaid provider fraud. 21 456.065(2) 3rd Practicing a health care 22 profession without a license. 23 456.065(2) 2nd Practicing a health care 24 profession without a license 25 which results in serious bodily 26 injury. 27 458.327(1) 3rd Practicing medicine without a 28 license. 29 459.013(1) 3rd Practicing osteopathic medicine 30 without a license. 31 45 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 460.411(1) 3rd Practicing chiropractic medicine 2 without a license. 3 461.012(1) 3rd Practicing podiatric medicine 4 without a license. 5 462.17 3rd Practicing naturopathy without a 6 license. 7 463.015(1) 3rd Practicing optometry without a 8 license. 9 464.016(1) 3rd Practicing nursing without a 10 license. 11 465.015(2) 3rd Practicing pharmacy without a 12 license. 13 466.026(1) 3rd Practicing dentistry or dental 14 hygiene without a license. 15 467.201 3rd Practicing midwifery without a 16 license. 17 468.366 3rd Delivering respiratory care 18 services without a license. 19 483.828(1) 3rd Practicing as clinical laboratory 20 personnel without a license. 21 483.901(9) 3rd Practicing medical physics 22 without a license. 23 484.013(1)(c) 3rd Preparing or dispensing optical 24 devices without a prescription. 25 484.053 3rd Dispensing hearing aids without a 26 license. 27 494.0018(2) 1st Conviction of any violation of 28 ss. 494.001-494.0077 in which the 29 total money and property 30 unlawfully obtained exceeded 31 $50,000 and there were five or 46 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 more victims. 2 560.123(8)(b)1. 3rd Failure to report currency or 3 payment instruments exceeding 4 $300 but less than $20,000 by 5 money transmitter. 6 560.125(5)(a) 3rd Money transmitter business by 7 unauthorized person, currency or 8 payment instruments exceeding 9 $300 but less than $20,000. 10 655.50(10)(b)1. 3rd Failure to report financial 11 transactions exceeding $300 but 12 less than $20,000 by financial 13 institution. 14 775.21(10)(a) 3rd Sexual predator; failure to 15 register; failure to renew 16 driver's license or 17 identification card; other 18 registration violations. 19 775.21(10)(b) 3rd Sexual predator working where 20 children regularly congregate. 21 775.21(10)(g) 3rd Failure to report or providing 22 false information about a sexual 23 predator; harbor or conceal a 24 sexual predator. 25 782.051(3) 2nd Attempted felony murder of a 26 person by a person other than the 27 perpetrator or the perpetrator of 28 an attempted felony. 29 782.07(1) 2nd Killing of a human being by the 30 act, procurement, or culpable 31 negligence of another 47 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 (manslaughter). 2 782.071 2nd Killing of human being or viable 3 fetus by the operation of a motor 4 vehicle in a reckless manner 5 (vehicular homicide). 6 782.072 2nd Killing of a human being by the 7 operation of a vessel in a 8 reckless manner (vessel 9 homicide). 10 784.045(1)(a)1. 2nd Aggravated battery; intentionally 11 causing great bodily harm or 12 disfigurement. 13 784.045(1)(a)2. 2nd Aggravated battery; using deadly 14 weapon. 15 784.045(1)(b) 2nd Aggravated battery; perpetrator 16 aware victim pregnant. 17 784.048(4) 3rd Aggravated stalking; violation of 18 injunction or court order. 19 784.048(7) 3rd Aggravated stalking; violation of 20 court order. 21 784.07(2)(d) 1st Aggravated battery on law 22 enforcement officer. 23 784.074(1)(a) 1st Aggravated battery on sexually 24 violent predators facility staff. 25 784.08(2)(a) 1st Aggravated battery on a person 65 26 years of age or older. 27 784.081(1) 1st Aggravated battery on specified 28 official or employee. 29 784.082(1) 1st Aggravated battery by detained 30 person on visitor or other 31 detainee. 48 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 784.083(1) 1st Aggravated battery on code 2 inspector. 3 790.07(4) 1st Specified weapons violation 4 subsequent to previous conviction 5 of s. 790.07(1) or (2). 6 790.16(1) 1st Discharge of a machine gun under 7 specified circumstances. 8 790.165(2) 2nd Manufacture, sell, possess, or 9 deliver hoax bomb. 10 790.165(3) 2nd Possessing, displaying, or 11 threatening to use any hoax bomb 12 while committing or attempting to 13 commit a felony. 14 790.166(3) 2nd Possessing, selling, using, or 15 attempting to use a hoax weapon 16 of mass destruction. 17 790.166(4) 2nd Possessing, displaying, or 18 threatening to use a hoax weapon 19 of mass destruction while 20 committing or attempting to 21 commit a felony. 22 796.03 2nd Procuring any person under 16 23 years for prostitution. 24 800.04(5)(c)1. 2nd Lewd or lascivious molestation; 25 victim less than 12 years of age; 26 offender less than 18 years. 27 800.04(5)(c)2. 2nd Lewd or lascivious molestation; 28 victim 12 years of age or older 29 but less than 16 years; offender 30 18 years or older. 31 49 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 806.01(2) 2nd Maliciously damage structure by 2 fire or explosive. 3 810.02(3)(a) 2nd Burglary of occupied dwelling; 4 unarmed; no assault or battery. 5 810.02(3)(b) 2nd Burglary of unoccupied dwelling; 6 unarmed; no assault or battery. 7 810.02(3)(d) 2nd Burglary of occupied conveyance; 8 unarmed; no assault or battery. 9 812.014(2)(a)1. 1st Property stolen, valued at 10 $100,000 or more or a semitrailer 11 deployed by a law enforcement 12 officer; property stolen while 13 causing other property damage; 14 1st degree grand theft. 15 812.014(2)(b)2. 2nd Property stolen, cargo valued at 16 less than $50,000, grand theft in 17 2nd degree. 18 812.014(2)(b)3. 2nd Property stolen, emergency 19 medical equipment; 2nd degree 20 grand theft. 21 812.0145(2)(a) 1st Theft from person 65 years of age 22 or older; $50,000 or more. 23 812.019(2) 1st Stolen property; initiates, 24 organizes, plans, etc., the theft 25 of property and traffics in 26 stolen property. 27 812.131(2)(a) 2nd Robbery by sudden snatching. 28 812.133(2)(b) 1st Carjacking; no firearm, deadly 29 weapon, or other weapon. 30 817.234(8)(a) 2nd Solicitation of motor vehicle 31 accident victims with intent to 50 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 defraud. 2 817.234(9) 2nd Organizing, planning, or 3 participating in an intentional 4 motor vehicle collision. 5 817.234(11)(c) 1st Insurance fraud; property value 6 $100,000 or more. 7 817.2341(2)(b)& 8 (3)(b) 1st Making false entries of material 9 fact or false statements 10 regarding property values 11 relating to the solvency of an 12 insuring entity which are a 13 significant cause of the 14 insolvency of that entity. 15 825.102(3)(b) 2nd Neglecting an elderly person or 16 disabled adult causing great 17 bodily harm, disability, or 18 disfigurement. 19 825.103(2)(b) 2nd Exploiting an elderly person or 20 disabled adult and property is 21 valued at $20,000 or more, but 22 less than $100,000. 23 827.03(3)(b) 2nd Neglect of a child causing great 24 bodily harm, disability, or 25 disfigurement. 26 827.04(3) 3rd Impregnation of a child under 16 27 years of age by person 21 years 28 of age or older. 29 837.05(2) 3rd Giving false information about 30 alleged capital felony to a law 31 enforcement officer. 51 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 838.015 2nd Bribery. 2 838.016 2nd Unlawful compensation or reward 3 for official behavior. 4 838.021(3)(a) 2nd Unlawful harm to a public 5 servant. 6 838.22 2nd Bid tampering. 7 847.0135(3) 3rd Solicitation of a child, via a 8 computer service, to commit an 9 unlawful sex act. 10 872.06 2nd Abuse of a dead human body. 11 893.13(1)(c)1. 1st Sell, manufacture, or deliver 12 cocaine (or other drug prohibited 13 under s. 893.03(1)(a), (1)(b), 14 (1)(d), (2)(a), (2)(b), or 15 (2)(c)4.) within 1,000 feet of a 16 child care facility, school, or 17 state, county, or municipal park 18 or publicly owned recreational 19 facility or community center. 20 893.13(1)(e)1. 1st Sell, manufacture, or deliver 21 cocaine or other drug prohibited 22 under s. 893.03(1)(a), (1)(b), 23 (1)(d), (2)(a), (2)(b), or 24 (2)(c)4., within 1,000 feet of 25 property used for religious 26 services or a specified business 27 site. 28 893.13(4)(a) 1st Deliver to minor cocaine (or 29 other s. 893.03(1)(a), (1)(b), 30 (1)(d), (2)(a), (2)(b), or 31 (2)(c)4. drugs). 52 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 893.135(1)(a)1. 1st Trafficking in cannabis, more 2 than 25 lbs., less than 2,000 3 lbs. 4 893.135 5 (1)(b)1.a. 1st Trafficking in cocaine, more than 6 28 grams, less than 200 grams. 7 893.135 8 (1)(c)1.a. 1st Trafficking in illegal drugs, 9 more than 4 grams, less than 14 10 grams. 11 893.135 12 (1)(d)1. 1st Trafficking in phencyclidine, 13 more than 28 grams, less than 200 14 grams. 15 893.135(1)(e)1. 1st Trafficking in methaqualone, more 16 than 200 grams, less than 5 17 kilograms. 18 893.135(1)(f)1. 1st Trafficking in amphetamine, more 19 than 14 grams, less than 28 20 grams. 21 893.135 22 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 23 grams or more, less than 14 24 grams. 25 893.135 26 (1)(h)1.a. 1st Trafficking in 27 gamma-hydroxybutyric acid (GHB), 28 1 kilogram or more, less than 5 29 kilograms. 30 893.135 31 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 53 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 kilogram or more, less than 5 2 kilograms. 3 893.135 4 (1)(k)2.a. 1st Trafficking in Phenethylamines, 5 10 grams or more, less than 200 6 grams. 7 896.101(5)(a) 3rd Money laundering, financial 8 transactions exceeding $300 but 9 less than $20,000. 10 896.104(4)(a)1. 3rd Structuring transactions to evade 11 reporting or registration 12 requirements, financial 13 transactions exceeding $300 but 14 less than $20,000. 15 943.0435(4)(c) 2nd Sexual offender vacating 16 permanent residence; failure to 17 comply with reporting 18 requirements. 19 943.0435(8) 2nd Sexual offender; remains in state 20 after indicating intent to leave; 21 failure to comply with reporting 22 requirements. 23 943.0435(9)(a) 3rd Sexual offender; failure to 24 comply with reporting 25 requirements. 26 943.0435(13) 3rd Failure to report or providing 27 false information about a sexual 28 offender; harbor or conceal a 29 sexual offender. 30 943.0435(14) 3rd Sexual offender; failure to 31 report and reregister; failure to 54 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 respond to address verification. 2 944.607(9) 3rd Sexual offender; failure to 3 comply with reporting 4 requirements. 5 944.607(10)(a) 3rd Sexual offender; failure to 6 submit to the taking of a 7 digitized photograph. 8 944.607(12) 3rd Failure to report or providing 9 false information about a sexual 10 offender; harbor or conceal a 11 sexual offender. 12 944.607(13) 3rd Sexual offender; failure to 13 report and reregister; failure to 14 respond to address verification. 15 985.4815(10) 3rd Sexual offender; failure to 16 submit to the taking of a 17 digitized photograph. 18 985.4815(12) 3rd Failure to report or providing 19 false information about a sexual 20 offender; harbor or conceal a 21 sexual offender. 22 985.4815(13) 3rd Sexual offender; failure to 23 report and reregister; failure to 24 respond to address verification. 25 Section 12. This act shall take effect July 1, 2007. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 55 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 and insert: 2 A bill to be entitled 3 An act relating to sexual offenders and 4 predators; amending s. 775.21, F.S.; revising 5 criteria for designation as a sexual predator; 6 correcting a cross-reference; requiring sexual 7 predators to register with the Department of 8 Law Enforcement through a sheriff's office; 9 requiring a sexual predator who is supervised 10 by the Department of Corrections but not 11 incarcerated to register within a specified 12 period; requiring that the custodian of a local 13 jail register a sexual predator within a 14 specified period after intake; deleting 15 provisions allowing certain predators to have 16 predator designation removed after a specified 17 period; revising references to applicable 18 federal law; revising provisions relating to 19 verification of addresses; providing specified 20 immunity to the Department of Juvenile Justice; 21 amending s. 943.0435, F.S.; revising criteria 22 for sexual offender designation; revising the 23 definition of the term "conviction"; revising 24 reporting requirements; revising references to 25 applicable federal law; revising provisions 26 relating to verification of addresses; 27 providing specified immunity to the Department 28 of Juvenile Justice; revising provisions 29 relating to petitions to allow certain 30 offenders to remove the offender designation 31 after a specified period; creating s. 56 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 943.44353, F.S.; requiring development and 2 maintenance of a system to provide automatic 3 notification of registration information 4 regarding sexual predators and sexual offenders 5 to the public; amending s. 943.0515, F.S.; 6 requiring retention of records of minors 7 adjudicated delinquent of specified sexual 8 offenses; amending s. 944.606, F.S.; revising 9 criteria for designation as a sexual offender; 10 providing registration and notification duties 11 for a custodian of a local jail regarding 12 sexual offenders; amending s. 944.607, F.S.; 13 revising the definition of a sexual offender 14 for notification purposes; revising duties of 15 clerks of court; revising registration 16 requirements; providing registration and 17 notification duties for a custodian of a local 18 jail regarding sexual offenders; providing 19 specified immunity to the Department of 20 Juvenile Justice; requiring more frequent 21 reregistration for specified offenders; 22 amending s. 985.04, F.S.; providing that 23 specified sexual predator and offender 24 registration information is a public record; 25 amending s. 985.045, F.S.; conforming a 26 provision; creating s. 985.481, F.S.; providing 27 for notification upon release of specified 28 juvenile sexual offenders; providing for 29 availability of specified information 30 concerning such offenders; providing immunity 31 for specified officials; creating s. 985.4815, 57 5:46 PM 03/08/07 s1604d-cj03-j02
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 1604 Barcode 963266 1 F.S.; providing for notification to the 2 Department of Law Enforcement concerning 3 specified juvenile sexual offenders; providing 4 definitions; providing duties of clerks of 5 court; providing registration requirements; 6 requiring specified information to be made 7 available to the Department of Law Enforcement; 8 providing duties of a custodian of a local 9 jail; providing for forwarding of information 10 for specified offenders under federal 11 supervision; providing penalties for failure to 12 comply with requirements; providing venue for 13 prosecution of specified offenses; providing 14 for the effect of certain actions; providing 15 that registration following certain actions 16 does not provide a defense to specified 17 charges; providing immunity for specified 18 agencies and persons for certain actions; 19 prohibiting certain acts concerning offenders; 20 providing criminal penalties; providing 21 reporting requirements for offenders; amending 22 s. 921.0022, F.S.; ranking within the offense 23 severity ranking chart of the Criminal 24 Punishment Code certain offenses relating to 25 the registration requirements for sexual 26 offenders; providing an effective date. 27 28 29 30 31 58 5:46 PM 03/08/07 s1604d-cj03-j02