Senate Bill sb1604
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Florida Senate - 2007 SB 1604
By Senator Argenziano
3-655-07 See HB 665
1 A bill to be entitled
2 An act relating to sexual offenders and
3 predators; amending s. 775.21, F.S.; revising
4 sexual predator criteria; correcting a
5 cross-reference; requiring sexual predators to
6 register with the Department of Law Enforcement
7 through a sheriff's office; deleting provisions
8 allowing certain predators to have predator
9 designation removed after a specified period;
10 revising references to applicable federal law;
11 revising provisions relating to verification of
12 addresses; providing specified immunity to the
13 Department of Juvenile Justice; amending s.
14 775.261, F.S.; conforming provisions; providing
15 for application of a conforming amendment;
16 amending s. 943.0435, F.S.; revising criteria
17 for sexual offender designation; revising the
18 definition of the term "conviction"; revising
19 reporting requirements; revising references to
20 applicable federal law; revising provisions
21 relating to verification of addresses;
22 providing specified immunity to the Department
23 of Juvenile Justice; revising provisions
24 relating to petitions to allow certain
25 offenders to remove the offender designation
26 after a specified period; creating s.
27 943.44353, F.S.; requiring development and
28 maintenance of a system to provide automatic
29 notification of registration information
30 regarding sexual predators and sexual offenders
31 to the public; amending s. 943.0515, F.S.;
1
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 requiring retention of records of minors
2 adjudicated delinquent of specified sexual
3 offenses; amending s. 944.606, F.S.; revising
4 criteria for sexual offender designation;
5 providing registration and notification duties
6 for a custodian of a local jail regarding
7 sexual offenders; amending s. 944.607, F.S.;
8 revising the definition of a sexual offender
9 for notification purposes; revising duties of
10 clerks of court; revising registration
11 requirements; providing registration and
12 notification duties for a custodian of a local
13 jail regarding sexual offenders; providing
14 specified immunity to the Department of
15 Juvenile Justice; requiring more frequent
16 reregistration for specified offenders;
17 amending s. 985.04, F.S.; providing that
18 specified sexual predator and offender
19 registration information is public record;
20 amending s. 985.045, F.S.; conforming a
21 provision; creating s. 985.481, F.S.; providing
22 for notification upon release of specified
23 juvenile sexual offenders; providing for
24 availability of specified information
25 concerning such offenders; providing immunity
26 for specified officials; creating s. 985.4815,
27 F.S.; providing for notification to the
28 Department of Law Enforcement concerning
29 specified juvenile sexual offenders; providing
30 definitions; providing duties of clerks of
31 court; providing registration requirements;
2
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 requiring specified information to be made
2 available to the Department of Law Enforcement;
3 providing duties of a custodian of a local
4 jail; providing for forwarding of information
5 for specified offenders under federal
6 supervision; providing penalties for failure to
7 comply with requirements; providing venue for
8 prosecution of specified offenses; providing
9 for the effect of certain actions; providing
10 that registration following certain actions
11 does not provide a defense to specified
12 charges; providing immunity for specified
13 agencies and persons for certain actions;
14 prohibiting certain acts concerning offenders;
15 providing criminal penalties; providing
16 reporting requirements for offenders; providing
17 an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Paragraphs (a) and (c) of subsection (4),
22 paragraphs (a), (e), and (l) of subsection (6), subsections
23 (8) and (9), and paragraph (b) of subsection (10) of section
24 775.21, Florida Statutes, are amended to read:
25 775.21 The Florida Sexual Predators Act.--
26 (4) SEXUAL PREDATOR CRITERIA.--
27 (a) For a current offense committed on or after
28 October 1, 1993, upon conviction, an offender shall be
29 designated as a "sexual predator" under subsection (5), and
30 subject to registration under subsection (6) and community and
31 public notification under subsection (7) if:
3
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 1. The felony is:
2 a. A capital, life, or first-degree felony violation,
3 or any attempt thereof, of s. 787.01 or s. 787.02, where the
4 victim is a minor and the defendant is not the victim's parent
5 or guardian, or of chapter 794, s. 800.04, or s. 847.0145, or
6 a violation of a similar law of another jurisdiction; or
7 b. Any felony violation, or any attempt thereof, of s.
8 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
9 minor and the defendant is not the victim's parent or
10 guardian; chapter 794, excluding ss. 794.011(10) and 794.0235;
11 s. 796.03; s. 796.035; s. 800.04; s. 825.1025(2)(b); s.
12 827.071; s. 847.0145; or s. 985.701(1); or a violation of a
13 similar law of another jurisdiction, and the offender has
14 previously been convicted of or found to have committed, or
15 has pled nolo contendere or guilty to, regardless of
16 adjudication, any violation of s. 787.01, s. 787.02, or s.
17 787.025(2)(c), where the victim is a minor and the defendant
18 is not the victim's parent or guardian; s. 794.011(2), (3),
19 (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s. 800.04;
20 s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
21 847.0145; or s. 985.701(1); or a violation of a similar law of
22 another jurisdiction;
23 2. The offender has not received a pardon for any
24 felony or similar law of another jurisdiction that is
25 necessary for the operation of this paragraph; and
26 3. A conviction of a felony or similar law of another
27 jurisdiction necessary to the operation of this paragraph has
28 not been set aside in any postconviction proceeding.
29 (c) If an offender has been registered as a sexual
30 predator by the Department of Corrections, the department, or
31 any other law enforcement agency and if:
4
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 1. The court did not, for whatever reason, make a
2 written finding at the time of sentencing that the offender
3 was a sexual predator; or
4 2. The offender was administratively registered as a
5 sexual predator because the Department of Corrections, the
6 department, or any other law enforcement agency obtained
7 information that indicated that the offender met the criteria
8 for designation as a sexual predator based on a violation of a
9 similar law in another jurisdiction,
10
11 the department shall remove that offender from the
12 department's list of sexual predators and, for an offender
13 described under subparagraph 1., shall notify the state
14 attorney who prosecuted the offense that met the criteria for
15 administrative designation as a sexual predator, and, for an
16 offender described under this paragraph subparagraph, shall
17 notify the state attorney of the county where the offender
18 establishes or maintains a permanent or temporary residence.
19 The state attorney shall bring the matter to the court's
20 attention in order to establish that the offender meets the
21 criteria for designation as a sexual predator. If the court
22 makes a written finding that the offender is a sexual
23 predator, the offender must be designated as a sexual
24 predator, must register or be registered as a sexual predator
25 with the department as provided in subsection (6), and is
26 subject to the community and public notification as provided
27 in subsection (7). If the court does not make a written
28 finding that the offender is a sexual predator, the offender
29 may not be designated as a sexual predator with respect to
30 that offense and is not required to register or be registered
31 as a sexual predator with the department.
5
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 (6) REGISTRATION.--
2 (a) A sexual predator must register with the
3 department through the sheriff's office by providing the
4 following information to the department:
5 1. Name, social security number, age, race, sex, date
6 of birth, height, weight, hair and eye color, photograph,
7 address of legal residence and address of any current
8 temporary residence, within the state or out of state,
9 including a rural route address and a post office box, date
10 and place of any employment, date and place of each
11 conviction, fingerprints, and a brief description of the crime
12 or crimes committed by the offender. A post office box shall
13 not be provided in lieu of a physical residential address.
14 a. If the sexual predator's place of residence is a
15 motor vehicle, trailer, mobile home, or manufactured home, as
16 defined in chapter 320, the sexual predator shall also provide
17 to the department written notice of the vehicle identification
18 number; the license tag number; the registration number; and a
19 description, including color scheme, of the motor vehicle,
20 trailer, mobile home, or manufactured home. If a sexual
21 predator's place of residence is a vessel, live-aboard vessel,
22 or houseboat, as defined in chapter 327, the sexual predator
23 shall also provide to the department written notice of the
24 hull identification number; the manufacturer's serial number;
25 the name of the vessel, live-aboard vessel, or houseboat; the
26 registration number; and a description, including color
27 scheme, of the vessel, live-aboard vessel, or houseboat.
28 b. If the sexual predator is enrolled, employed, or
29 carrying on a vocation at an institution of higher education
30 in this state, the sexual predator shall also provide to the
31 department the name, address, and county of each institution,
6
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 including each campus attended, and the sexual predator's
2 enrollment or employment status. Each change in enrollment or
3 employment status shall be reported in person at the sheriff's
4 office, or the Department of Corrections if the sexual
5 predator is in the custody or control of or under the
6 supervision of the Department of Corrections, within 48 hours
7 after any change in status. The sheriff or the Department of
8 Corrections shall promptly notify each institution of the
9 sexual predator's presence and any change in the sexual
10 predator's enrollment or employment status.
11 2. Any other information determined necessary by the
12 department, including criminal and corrections records;
13 nonprivileged personnel and treatment records; and evidentiary
14 genetic markers when available.
15 (e)1. If the sexual predator is not in the custody or
16 control of, or under the supervision of, the Department of
17 Corrections, or is not in the custody of a private
18 correctional facility, the sexual predator shall register:
19 a. At the sheriff's office in the county where he or
20 she was sentenced within 48 hours after sentencing for an
21 offense specified in this subsection; or
22 b. At the sheriff's office in the county where he or
23 she establishes or maintains a residence within 48 hours after
24 establishing or maintaining a residence in the state.
25 2. and establishes or maintains a residence in the
26 state, the sexual predator shall register in person at the
27 sheriff's office in the county in which the predator
28 establishes or maintains a residence, within 48 hours after
29 establishing permanent or temporary residence in this state.
30 Any change in the sexual predator's permanent or temporary
31 residence or name, after the sexual predator registers in
7
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 person at the sheriff's office, shall be accomplished in the
2 manner provided in paragraphs (g), (i), and (j). When a sexual
3 predator registers with the sheriff's office, the sheriff
4 shall take a photograph and a set of fingerprints of the
5 predator and forward the photographs and fingerprints to the
6 department, along with the information that the predator is
7 required to provide pursuant to this section.
8 (l) A sexual predator must maintain registration with
9 the department for the duration of his or her life, unless the
10 sexual predator has received a full pardon or has had a
11 conviction set aside in a postconviction proceeding for any
12 offense that met the criteria for the sexual predator
13 designation. However, a sexual predator who was designated as
14 a sexual predator by a court before October 1, 1998, and who
15 has been lawfully released from confinement, supervision, or
16 sanction, whichever is later, for at least 10 years and has
17 not been arrested for any felony or misdemeanor offense since
18 release, may petition the criminal division of the circuit
19 court in the circuit in which the sexual predator resides for
20 the purpose of removing the sexual predator designation. A
21 sexual predator who was designated a sexual predator by a
22 court on or after October 1, 1998, who has been lawfully
23 released from confinement, supervision, or sanction, whichever
24 is later, for at least 20 years, and who has not been arrested
25 for any felony or misdemeanor offense since release may
26 petition the criminal division of the circuit court in the
27 circuit in which the sexual predator resides for the purpose
28 of removing the sexual predator designation. A sexual predator
29 who was designated as a sexual predator by a court on or after
30 September 1, 2005, who has been lawfully released from
31 confinement, supervision, or sanction, whichever is later, for
8
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 at least 30 years, and who has not been arrested for any
2 felony or misdemeanor offense since release may petition the
3 criminal division of the circuit court in the circuit in which
4 the sexual predator resides for the purpose of removing the
5 sexual predator designation. The court may grant or deny such
6 relief if the petitioner demonstrates to the court that he or
7 she has not been arrested for any crime since release, the
8 requested relief complies with the provisions of the federal
9 Jacob Wetterling Act, as amended, and any other federal
10 standards applicable to the removal of the designation as a
11 sexual predator or required to be met as a condition for the
12 receipt of federal funds by the state, and the court is
13 otherwise satisfied that the petitioner is not a current or
14 potential threat to public safety. The state attorney in the
15 circuit in which the petition is filed must be given notice of
16 the petition at least 3 weeks before the hearing on the
17 matter. The state attorney may present evidence in opposition
18 to the requested relief or may otherwise demonstrate the
19 reasons why the petition should be denied. If the court denies
20 the petition, the court may set a future date at which the
21 sexual predator may again petition the court for relief,
22 subject to the standards for relief provided in this
23 paragraph. Unless specified in the order, a sexual predator
24 who is granted relief under this paragraph must comply with
25 the requirements for registration as a sexual offender and
26 other requirements provided under s. 943.0435 or s. 944.607.
27 If a petitioner obtains an order from the court that imposed
28 the order designating the petitioner as a sexual predator
29 which removes such designation, the petitioner shall forward a
30 certified copy of the written findings or order to the
31
9
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 department in order to have the sexual predator designation
2 removed from the sexual predator registry.
3
4 The sheriff shall promptly provide to the department the
5 information received from the sexual predator.
6 (8) VERIFICATION.--The department and the Department
7 of Corrections shall implement a system for verifying the
8 addresses of sexual predators. The system must be consistent
9 with the provisions of the federal Adam Walsh Child Protection
10 and Safety Act of 2006 Jacob Wetterling Act, as amended, and
11 any other federal standards applicable to such verification or
12 required to be met as a condition for the receipt of federal
13 funds by the state. The Department of Corrections shall verify
14 the addresses of sexual predators who are not incarcerated but
15 who reside in the community under the supervision of the
16 Department of Corrections and shall report to the department
17 any failure by a sexual predator to comply with registration
18 requirements. County and local law enforcement agencies, in
19 conjunction with the department, shall verify the addresses of
20 sexual predators who are not under the care, custody, control,
21 or supervision of the Department of Corrections. Local law
22 enforcement agencies shall report to the department any
23 failure by a sexual predator to comply with registration
24 requirements.
25 (a) A sexual predator must report in person each year
26 during the month of the sexual predator's birthday and during
27 every third the sixth month thereafter following the sexual
28 predator's birth month to the sheriff's office in the county
29 in which he or she resides or is otherwise located to
30 reregister. The sheriff's office may determine the appropriate
31 times and days for reporting by the sexual predator, which
10
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 shall be consistent with the reporting requirements of this
2 paragraph. Reregistration shall include any changes to the
3 following information:
4 1. Name; social security number; age; race; sex; date
5 of birth; height; weight; hair and eye color; address of any
6 permanent residence and address of any current temporary
7 residence, within the state or out of state, including a rural
8 route address and a post office box; date and place of any
9 employment; vehicle make, model, color, and license tag
10 number; fingerprints; and photograph. A post office box shall
11 not be provided in lieu of a physical residential address.
12 2. If the sexual predator is enrolled, employed, or
13 carrying on a vocation at an institution of higher education
14 in this state, the sexual predator shall also provide to the
15 department the name, address, and county of each institution,
16 including each campus attended, and the sexual predator's
17 enrollment or employment status.
18 3. If the sexual predator's place of residence is a
19 motor vehicle, trailer, mobile home, or manufactured home, as
20 defined in chapter 320, the sexual predator shall also provide
21 the vehicle identification number; the license tag number; the
22 registration number; and a description, including color
23 scheme, of the motor vehicle, trailer, mobile home, or
24 manufactured home. If the sexual predator's place of residence
25 is a vessel, live-aboard vessel, or houseboat, as defined in
26 chapter 327, the sexual predator shall also provide the hull
27 identification number; the manufacturer's serial number; the
28 name of the vessel, live-aboard vessel, or houseboat; the
29 registration number; and a description, including color
30 scheme, of the vessel, live-aboard vessel, or houseboat.
31
11
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 (b) The sheriff's office shall, within 2 working days,
2 electronically submit and update all information provided by
3 the sexual predator to the department in a manner prescribed
4 by the department. This procedure shall be implemented by
5 December 1, 2005.
6 (9) IMMUNITY.--The department, the Department of
7 Highway Safety and Motor Vehicles, the Department of
8 Corrections, the Department of Juvenile Justice, any law
9 enforcement agency in this state, and the personnel of those
10 departments; an elected or appointed official, public
11 employee, or school administrator; or an employee, agency, or
12 any individual or entity acting at the request or upon the
13 direction of any law enforcement agency is immune from civil
14 liability for damages for good faith compliance with the
15 requirements of this section or for the release of information
16 under this section, and shall be presumed to have acted in
17 good faith in compiling, recording, reporting, or releasing
18 the information. The presumption of good faith is not overcome
19 if a technical or clerical error is made by the department,
20 the Department of Highway Safety and Motor Vehicles, the
21 Department of Corrections, the Department of Juvenile Justice,
22 the personnel of those departments, or any individual or
23 entity acting at the request or upon the direction of any of
24 those departments in compiling or providing information, or if
25 information is incomplete or incorrect because a sexual
26 predator fails to report or falsely reports his or her current
27 place of permanent or temporary residence.
28 (10) PENALTIES.--
29 (b) A sexual predator who has been convicted of or
30 found to have committed, or has pled nolo contendere or guilty
31 to, regardless of adjudication, any violation, or attempted
12
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
2 the victim is a minor and the defendant is not the victim's
3 parent or guardian; s. 794.011(2), (3), (4), (5), or (8); s.
4 794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
5 847.0133; s. 847.0145; or s. 985.701(1); or a violation of a
6 similar law of another jurisdiction when the victim of the
7 offense was a minor, and who works, whether for compensation
8 or as a volunteer, at any business, school, day care center,
9 park, playground, or other place where children regularly
10 congregate, commits a felony of the third degree, punishable
11 as provided in s. 775.082, s. 775.083, or s. 775.084.
12 Section 2. Paragraph (b) of subsection (3) of section
13 775.261, Florida Statutes, is amended to read:
14 775.261 The Florida Career Offender Registration
15 Act.--
16 (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
17 (b) This section does not apply to any person who has
18 been designated as a sexual predator and required to register
19 under s. 775.21 or who is required to register as a sexual
20 offender under s. 943.0435 or s. 944.607. However, if a person
21 is no longer required to register as a sexual predator under
22 s. 775.21 or as a sexual offender under s. 943.0435 or s.
23 944.607, the person must register as a career offender under
24 this section if the person is otherwise designated as a career
25 offender as provided in this section.
26 Section 3. The amendment to section 775.261, Florida
27 Statutes, made by this act applies prospectively and does not
28 apply to a person whose requirement to register as a sexual
29 predator under s. 775.21, Florida Statutes, was removed prior
30 to the amendments to s. 775.21(6)(l), Florida Statutes, made
31 by this act.
13
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 Section 4. Paragraphs (a) and (b) of subsection (1)
2 and subsections (2), (6), (10), (11), and (14) of section
3 943.0435, Florida Statutes, are amended to read:
4 943.0435 Sexual offenders required to register with
5 the department; penalty.--
6 (1) As used in this section, the term:
7 (a)1. "Sexual offender" means a person who meets the
8 criteria in sub-subparagraph a., sub-subparagraph b.,
9 sub-subparagraph c., or sub-subparagraph d. subparagraph 1.,
10 subparagraph 2., or subparagraph 3., as follows:
11 a.(I)1.a. Has been convicted of committing, or
12 attempting, soliciting, or conspiring to commit, any of the
13 criminal offenses proscribed in the following statutes in this
14 state or similar offenses in another jurisdiction: s. 787.01,
15 s. 787.02, or s. 787.025(2)(c), where the victim is a minor
16 and the defendant is not the victim's parent or guardian;
17 chapter 794, excluding ss. 794.011(10), and 794.0235, 794.024,
18 794.027, 794.03, 794.05, 794.065, and 794.075; s. 796.03; s.
19 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
20 847.0135; s. 847.0137; s. 847.0138; s. 847.0145; or s.
21 985.701(1); or any similar offense committed in this state
22 which has been redesignated from a former statute number to
23 one of those listed in this sub-sub-subparagraph
24 sub-subparagraph; and
25 (II)b. Has been released on or after October 1, 1997,
26 from the sanction imposed for any conviction of an offense
27 described in sub-sub-subparagraph (I) sub-subparagraph a. For
28 purposes of sub-sub-subparagraph (I) sub-subparagraph a., a
29 sanction imposed in this state or in any other jurisdiction
30 includes, but is not limited to, a fine, probation, community
31 control, parole, conditional release, control release, or
14
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 incarceration in a state prison, federal prison, private
2 correctional facility, or local detention facility;
3 b.2. Establishes or maintains a residence in this
4 state and who has not been designated as a sexual predator by
5 a court of this state but who has been designated as a sexual
6 predator, as a sexually violent predator, or by another sexual
7 offender designation in another state or jurisdiction and was,
8 as a result of such designation, subjected to registration or
9 community or public notification, or both, or would be if the
10 person were a resident of that state or jurisdiction, without
11 regard to whether the person otherwise meets the criteria for
12 registration as a sexual offender; or
13 c.3. Establishes or maintains a residence in this
14 state who is in the custody or control of, or under the
15 supervision of, any other state or jurisdiction as a result of
16 a conviction for committing, or attempting, soliciting, or
17 conspiring to commit, any of the criminal offenses proscribed
18 in the following statutes or similar offense in another
19 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
20 the victim is a minor and the defendant is not the victim's
21 parent or guardian; chapter 794, excluding ss. 794.011(10),
22 and 794.0235, 794.024, 794.027, 794.03, 794.05, 794.065, and
23 794.075; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
24 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. 847.0138;
25 s. 847.0145; or s. 985.701(1); or any similar offense
26 committed in this state which has been redesignated from a
27 former statute number to one of those listed in this
28 sub-subparagraph subparagraph.
29 d. Has been adjudicated delinquent for a violation
30 committed on or after July 1, 2007, of chapter 794, excluding
31 ss. 794.011(10), 794.0235, 794.024, 794.027, 794.03, 794.05,
15
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Florida Senate - 2007 SB 1604
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1 794.065, and 794.075; any violation of s. 800.04 where the
2 court finds the use of force, threat, or coercion by the
3 offender, or resulting physical injury to the victim, or that
4 the victim was unconscious, substantially impaired, or
5 suffered a physical or mental disability resulting in a
6 failure to appraise or control the situation; or any attempt
7 or conspiracy to commit such offense or a violation of a
8 similar law of another jurisdiction, when the juvenile was 14
9 years of age or older at the time of the offense.
10 2. A person does not meet the criteria for sexual
11 offender designation and registration when the person was
12 convicted of a first-time offense for sexual activity, lewd or
13 lascivious molestation, or lewd or lascivious conduct in the
14 following circumstances:
15 a. The victim was 13 years of age or older and the
16 offender was not more than 4 years older than the victim.
17 b. The court makes factual findings that:
18 (I) The sexual activity, lewd or lascivious
19 molestation, or lewd or lascivious conduct did not involve the
20 use of force, threat, or coercion by the offender or result in
21 physical injury to the victim.
22 (II) The victim was not unconscious or substantially
23 impaired of physical or mental ability to appraise or control
24 the situation.
25 (b) "Convicted" means that there has been a
26 determination of guilt as a result of a trial or the entry of
27 a plea of guilty or nolo contendere, regardless of whether
28 adjudication is withheld, and includes an adjudication of
29 delinquency of a juvenile as specified in this section.
30 Conviction of a similar offense includes, but is not limited
31 to, a conviction by a federal or military tribunal, including
16
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Florida Senate - 2007 SB 1604
3-655-07 See HB 665
1 courts-martial conducted by the Armed Forces of the United
2 States, and includes a conviction or entry of a plea of guilty
3 or nolo contendere resulting in a sanction in any state of the
4 United States or other jurisdiction. A sanction includes, but
5 is not limited to, a fine, probation, community control,
6 parole, conditional release, control release, or incarceration
7 in a state prison, federal prison, private correctional
8 facility, or local detention facility.
9 (2) A sexual offender shall:
10 (a) Report in person at the sheriff's office in the
11 county in which the offender establishes or maintains a
12 permanent or temporary residence and within 48 hours after
13 being sentenced for a qualifying offense for registration
14 under this section, within 48 hours after establishing
15 permanent or temporary residence in this state, or within 48
16 hours after being released from the custody, control, or
17 supervision of the Department of Corrections or from the
18 custody of a private correctional facility. Any change in the
19 sexual offender's permanent or temporary residence or name,
20 after the sexual offender reports in person at the sheriff's
21 office, shall be accomplished in the manner provided in
22 subsections (4), (7), and (8).
23 (b) Provide his or her name, date of birth, social
24 security number, race, sex, height, weight, hair and eye
25 color, tattoos or other identifying marks, occupation and
26 place of employment, address of permanent or legal residence
27 or address of any current temporary residence, within the
28 state and out of state, including a rural route address and a
29 post office box, date and place of each conviction, and a
30 brief description of the crime or crimes committed by the
31
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1 offender. A post office box shall not be provided in lieu of a
2 physical residential address.
3 1. If the sexual offender's place of residence is a
4 motor vehicle, trailer, mobile home, or manufactured home, as
5 defined in chapter 320, the sexual offender shall also provide
6 to the department through the sheriff's office written notice
7 of the vehicle identification number; the license tag number;
8 the registration number; and a description, including color
9 scheme, of the motor vehicle, trailer, mobile home, or
10 manufactured home. If the sexual offender's place of residence
11 is a vessel, live-aboard vessel, or houseboat, as defined in
12 chapter 327, the sexual offender shall also provide to the
13 department written notice of the hull identification number;
14 the manufacturer's serial number; the name of the vessel,
15 live-aboard vessel, or houseboat; the registration number; and
16 a description, including color scheme, of the vessel,
17 live-aboard vessel, or houseboat.
18 2. If the sexual offender is enrolled, employed, or
19 carrying on a vocation at an institution of higher education
20 in this state, the sexual offender shall also provide to the
21 department through the sheriff's office the name, address, and
22 county of each institution, including each campus attended,
23 and the sexual offender's enrollment or employment status.
24 Each change in enrollment or employment status shall be
25 reported in person at the sheriff's office, within 48 hours
26 after any change in status. The sheriff shall promptly notify
27 each institution of the sexual offender's presence and any
28 change in the sexual offender's enrollment or employment
29 status.
30
31
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1 When a sexual offender reports at the sheriff's office, the
2 sheriff shall take a photograph and a set of fingerprints of
3 the offender and forward the photographs and fingerprints to
4 the department, along with the information provided by the
5 sexual offender. The sheriff shall promptly provide to the
6 department the information received from the sexual offender.
7 (6) County and local law enforcement agencies, in
8 conjunction with the department, shall verify the addresses of
9 sexual offenders who are not under the care, custody, control,
10 or supervision of the Department of Corrections in a manner
11 that is consistent with the provisions of the federal Adam
12 Walsh Child Protection and Safety Act of 2006 Jacob Wetterling
13 Act, as amended, and any other federal standards applicable to
14 such verification or required to be met as a condition for the
15 receipt of federal funds by the state. Local law enforcement
16 agencies shall report to the department any failure by a
17 sexual predator to comply with registration requirements.
18 (10) The department, the Department of Highway Safety
19 and Motor Vehicles, the Department of Corrections, the
20 Department of Juvenile Justice, any law enforcement agency in
21 this state, and the personnel of those departments; an elected
22 or appointed official, public employee, or school
23 administrator; or an employee, agency, or any individual or
24 entity acting at the request or upon the direction of any law
25 enforcement agency is immune from civil liability for damages
26 for good faith compliance with the requirements of this
27 section or for the release of information under this section,
28 and shall be presumed to have acted in good faith in
29 compiling, recording, reporting, or releasing the information.
30 The presumption of good faith is not overcome if a technical
31 or clerical error is made by the department, the Department of
19
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1 Highway Safety and Motor Vehicles, the Department of
2 Corrections, the Department of Juvenile Justice, the personnel
3 of those departments, or any individual or entity acting at
4 the request or upon the direction of any of those departments
5 in compiling or providing information, or if information is
6 incomplete or incorrect because a sexual offender fails to
7 report or falsely reports his or her current place of
8 permanent or temporary residence.
9 (11) A sexual offender must maintain registration with
10 the department for the duration of his or her life, unless the
11 sexual offender has received a full pardon or has had a
12 conviction set aside in a postconviction proceeding for any
13 offense that meets the criteria for classifying the person as
14 a sexual offender for purposes of registration. However, a
15 sexual offender:
16 (a)1. Who has been lawfully released from confinement,
17 supervision, or sanction, whichever is later, for at least 25
18 20 years and has not been arrested for any felony or
19 misdemeanor offense since release, provided that the sexual
20 offender's requirement to register was not based upon an adult
21 conviction for a violation of s. 787.01; s. 787.02; or chapter
22 794, excluding s. 794.05; any violation of s. 800.04 where the
23 court finds the use of force, threat, or coercion by the
24 offender, or resulting physical injury to the victim, or that
25 the victim was unconscious, substantially impaired, or
26 suffered a physical or mental disability resulting in a
27 failure to appraise or control the situation; a violation of
28 s. 800.04(5)(b); or any attempt or conspiracy to commit such
29 offense or a violation of a similar law of another
30 jurisdiction,; or
31
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1 (b) Who was 18 years of age or under at the time the
2 offense was committed and the victim was 12 years of age or
3 older and adjudication was withheld for that offense, who is
4 released from all sanctions, who has had 10 years elapse since
5 having been placed on probation, and who has not been arrested
6 for any felony or misdemeanor offense since the date of
7 conviction of the qualifying offense
8
9 may petition the criminal division of the circuit court of the
10 circuit in which the sexual offender resides for the purpose
11 of removing the requirement for registration as a sexual
12 offender. 2. The court may grant or deny such relief if the
13 offender demonstrates to the court that he or she has not been
14 arrested for any crime since release; the requested relief
15 complies with the provisions of the federal Adam Walsh Child
16 Protection and Safety Act of 2006 Jacob Wetterling Act, as
17 amended, and any other federal standards applicable to the
18 removal of registration requirements for a sexual offender or
19 required to be met as a condition for the receipt of federal
20 funds by the state; and the court is otherwise satisfied that
21 the offender is not a current or potential threat to public
22 safety. The state attorney in the circuit in which the
23 petition is filed must be given notice of the petition at
24 least 3 weeks before the hearing on the matter. The state
25 attorney may present evidence in opposition to the requested
26 relief or may otherwise demonstrate the reasons why the
27 petition should be denied. If the court denies the petition,
28 the court may set a future date at which the sexual offender
29 may again petition the court for relief, subject to the
30 standards for relief provided in this subsection.
31
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1 3. The department shall remove an offender from
2 classification as a sexual offender for purposes of
3 registration if the offender provides to the department a
4 certified copy of the court's written findings or order that
5 indicates that the offender is no longer required to comply
6 with the requirements for registration as a sexual offender.
7 (b)(c) As defined in sub-subparagraph (1)(a)1.b.
8 subparagraph (1)(a)2. must maintain registration with the
9 department for the duration of his or her life until the
10 person provides the department with an order issued by the
11 court that designated the person as a sexual predator, as a
12 sexually violent predator, or by another sexual offender
13 designation in the state or jurisdiction in which the order
14 was issued which states that such designation has been removed
15 or demonstrates to the department that such designation, if
16 not imposed by a court, has been removed by operation of law
17 or court order in the state or jurisdiction in which the
18 designation was made, and provided such person no longer meets
19 the criteria for registration as a sexual offender under the
20 laws of this state.
21 (14)(a) A sexual offender must report in person each
22 year during the month of the sexual offender's birthday and
23 during the sixth month following the sexual offender's birth
24 month to the sheriff's office in the county in which he or she
25 resides or is otherwise located to reregister.
26 (b) However, a sexual offender who is required to
27 register as a result of a conviction for a violation of s.
28 787.01 or s. 787.02 where the victim is a minor and the
29 offender is not the victim's parent or guardian; a violation
30 of chapter 794, excluding ss. 794.011(10), 794.0235, 794.024,
31 794.027, 794.03, 794.05, 794.065, and 794.075; any violation
22
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1 of s. 800.04 where the court finds the use of force, threat,
2 or coercion by the offender, or resulting physical injury to
3 the victim, or that the victim was unconscious, substantially
4 impaired, or suffered a physical or mental disability
5 resulting in a failure to appraise or control the situation; a
6 violation of s. 800.04(5)(b); or any attempt or conspiracy to
7 commit such offense or a violation of a similar law of another
8 jurisdiction must reregister each year during the month of the
9 sexual offender's birthday and every third month thereafter.
10 (c) The sheriff's office may determine the appropriate
11 times and days for reporting by the sexual offender, which
12 shall be consistent with the reporting requirements of this
13 subsection paragraph. Reregistration shall include any changes
14 to the following information:
15 1. Name; social security number; age; race; sex; date
16 of birth; height; weight; hair and eye color; address of any
17 permanent residence and address of any current temporary
18 residence, within the state or out of state, including a rural
19 route address and a post office box; date and place of any
20 employment; vehicle make, model, color, and license tag
21 number; fingerprints; and photograph. A post office box shall
22 not be provided in lieu of a physical residential address.
23 2. If the sexual offender is enrolled, employed, or
24 carrying on a vocation at an institution of higher education
25 in this state, the sexual offender shall also provide to the
26 department the name, address, and county of each institution,
27 including each campus attended, and the sexual offender's
28 enrollment or employment status.
29 3. If the sexual offender's place of residence is a
30 motor vehicle, trailer, mobile home, or manufactured home, as
31 defined in chapter 320, the sexual offender shall also provide
23
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1 the vehicle identification number; the license tag number; the
2 registration number; and a description, including color
3 scheme, of the motor vehicle, trailer, mobile home, or
4 manufactured home. If the sexual offender's place of residence
5 is a vessel, live-aboard vessel, or houseboat, as defined in
6 chapter 327, the sexual offender shall also provide the hull
7 identification number; the manufacturer's serial number; the
8 name of the vessel, live-aboard vessel, or houseboat; the
9 registration number; and a description, including color
10 scheme, of the vessel, live-aboard vessel or houseboat.
11 4. Any sexual offender who fails to report in person
12 as required at the sheriff's office, or who fails to respond
13 to any address verification correspondence from the department
14 within 3 weeks of the date of the correspondence, commits a
15 felony of the third degree, punishable as provided in s.
16 775.082, s. 775.083, or s. 775.084.
17 (d)(b) The sheriff's office shall, within 2 working
18 days, electronically submit and update all information
19 provided by the sexual offender to the department in a manner
20 prescribed by the department. This procedure shall be
21 implemented by December 1, 2005.
22 Section 5. Section 943.44353, Florida Statutes, is
23 created to read:
24 943.44353 Automatic notification of registration
25 information regarding sexual predators and offenders.--
26 (1) The department shall develop and maintain a system
27 to provide automatic notification of registration information
28 regarding sexual predators and sexual offenders to the public.
29 (2) In accordance with the federal Adam Walsh Child
30 Protection and Safety Act of 2006, schools, public housing
31 agencies, agencies responsible for conducting
24
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1 employment-related background checks under s. 3 of the
2 National Child Protection Act of 1993, 42 U.S.C. s. 5119a, as
3 amended, social service entities responsible for protecting
4 minors in the child welfare system, volunteer organizations in
5 which contact with minors or other vulnerable individuals
6 might occur, and any other such organization, company, or
7 individual shall have access to the notification system.
8 Section 6. Subsection (3) is added to section
9 943.0515, Florida Statutes, to read:
10 943.0515 Retention of criminal history records of
11 minors.--
12 (3) Notwithstanding any other provision of this
13 section, the Criminal Justice Information Program shall retain
14 the criminal history record of a minor adjudicated delinquent
15 for a violation committed on or after July 1, 2007, of chapter
16 794, excluding ss. 794.0235, 794.024, 794.027, 794.03, 794.05,
17 794.065, and 794.075; any violation of s. 800.04 where the
18 court finds the use of force, threat, or coercion by the
19 offender, or resulting physical injury to the victim, or that
20 the victim was unconscious, substantially impaired, or
21 suffered a physical or mental disability resulting in a
22 failure to appraise or control the situation; or any attempt
23 or conspiracy to commit such offense, when the minor was 14
24 years of age or older at the time of the offense. Such records
25 shall not be destroyed and must be merged with the person's
26 adult criminal history record and retained as a part of the
27 person's adult record.
28 Section 7. Paragraph (b) of subsection (1) and
29 paragraph (a) of subsection (3) of section 944.606, Florida
30 Statutes, are amended to read:
31 944.606 Sexual offenders; notification upon release.--
25
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1 (1) As used in this section:
2 (b) "Sexual offender" means a person who has been
3 convicted of committing, or attempting, soliciting, or
4 conspiring to commit, any of the criminal offenses proscribed
5 in the following statutes in this state or similar offenses in
6 another jurisdiction: s. 787.01, s. 787.02, or s.
7 787.025(2)(c), where the victim is a minor and the defendant
8 is not the victim's parent or guardian; chapter 794, excluding
9 ss. 794.011(10) and 794.0235; s. 796.03; s. 796.035; s.
10 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
11 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
12 similar offense committed in this state which has been
13 redesignated from a former statute number to one of those
14 listed in this subsection, when the department has received
15 verified information regarding such conviction; an offender's
16 computerized criminal history record is not, in and of itself,
17 verified information.
18 (3)(a) The department must provide information
19 regarding any sexual offender who is being released after
20 serving a period of incarceration for any offense, as follows:
21 1. The department must provide: the sexual offender's
22 name, any change in the offender's name by reason of marriage
23 or other legal process, and any alias, if known; the
24 correctional facility from which the sexual offender is
25 released; the sexual offender's social security number, race,
26 sex, date of birth, height, weight, and hair and eye color;
27 date and county of sentence and each crime for which the
28 offender was sentenced; a copy of the offender's fingerprints
29 and a digitized photograph taken within 60 days before
30 release; the date of release of the sexual offender; and the
31 offender's intended residence address, if known. The
26
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1 department shall notify the Department of Law Enforcement if
2 the sexual offender escapes, absconds, or dies. If the sexual
3 offender is in the custody of a private correctional facility,
4 the facility shall take the digitized photograph of the sexual
5 offender within 60 days before the sexual offender's release
6 and provide this photograph to the Department of Corrections
7 and also place it in the sexual offender's file. If the sexual
8 offender is in the custody of a local jail, the custodian of
9 the local jail shall register the offender within 3 business
10 days after intake of the offender for any reason and, upon
11 release, notify the Department of Law Enforcement of the
12 sexual offender's release and provide to the Department of Law
13 Enforcement the information specified in this paragraph and
14 any information specified in subparagraph 2. that the
15 Department of Law Enforcement requests.
16 2. The department may provide any other information
17 deemed necessary, including criminal and corrections records,
18 nonprivileged personnel and treatment records, when available.
19 Section 8. Paragraph (a) of subsection (1) and
20 subsections (3), (4), (7), (11), and (13) of section 944.607,
21 Florida Statutes, are amended to read:
22 944.607 Notification to Department of Law Enforcement
23 of information on sexual offenders.--
24 (1) As used in this section, the term:
25 (a) "Sexual offender" means a person who is in the
26 custody or control of, or under the supervision of, the
27 department or is in the custody of a private correctional
28 facility:
29 1. On or after October 1, 1997, as a result of a
30 conviction for committing, or attempting, soliciting, or
31 conspiring to commit, any of the criminal offenses proscribed
27
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1 in the following statutes in this state or similar offenses in
2 another jurisdiction: s. 787.01, s. 787.02, or s.
3 787.025(2)(c), where the victim is a minor and the defendant
4 is not the victim's parent or guardian; chapter 794, excluding
5 ss. 794.011(10), and 794.0235, 794.024, 794.027, 794.03,
6 794.05, 794.065, and 794.075; s. 796.03; s. 796.035; s.
7 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
8 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
9 similar offense committed in this state which has been
10 redesignated from a former statute number to one of those
11 listed in this paragraph; or
12 2. Who establishes or maintains a residence in this
13 state and who has not been designated as a sexual predator by
14 a court of this state but who has been designated as a sexual
15 predator, as a sexually violent predator, or by another sexual
16 offender designation in another state or jurisdiction and was,
17 as a result of such designation, subjected to registration or
18 community or public notification, or both, or would be if the
19 person were a resident of that state or jurisdiction, without
20 regard as to whether the person otherwise meets the criteria
21 for registration as a sexual offender.
22 (3) If a sexual offender is not sentenced to a term of
23 imprisonment, the clerk of the court shall ensure that the
24 sexual offender's fingerprints and sexual offender
25 registration are taken and forwarded to the Department of Law
26 Enforcement within 48 hours after the court sentences the
27 offender. The fingerprint card shall be clearly marked "Sexual
28 Offender Registration Card."
29 (4) A sexual offender, as described in this section,
30 who is under the supervision of the Department of Corrections
31 but is not incarcerated must register with the Department of
28
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1 Corrections within 3 business days after sentencing for a
2 registerable offense and otherwise provide information as
3 required by this subsection.
4 (a) The sexual offender shall provide his or her name;
5 date of birth; social security number; race; sex; height;
6 weight; hair and eye color; tattoos or other identifying
7 marks; and permanent or legal residence and address of
8 temporary residence within the state or out of state while the
9 sexual offender is under supervision in this state, including
10 any rural route address or post office box. The Department of
11 Corrections shall verify the address of each sexual offender
12 in the manner described in ss. 775.21 and 943.0435. The
13 department shall report to the Department of Law Enforcement
14 any failure by a sexual predator or sexual offender to comply
15 with registration requirements.
16 (b) 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 provide the name,
19 address, and county of each institution, including each campus
20 attended, and the sexual offender's enrollment or employment
21 status. Each change in enrollment or employment status shall
22 be reported to the department within 48 hours after the change
23 in status. The Department of Corrections shall promptly notify
24 each institution of the sexual offender's presence and any
25 change in the sexual offender's enrollment or employment
26 status.
27 (7) If the sexual offender is in the custody of a
28 local jail, the custodian of the local jail shall register the
29 offender within 3 business days of intake of the offender for
30 any reason and, upon release, forward the information to the
31 Department of Law Enforcement. The custodian of the local jail
29
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1 shall also take a digitized photograph of the sexual offender
2 while the offender remains in custody and shall provide the
3 digitized photograph to the Department of Law Enforcement.
4 (11) The department, the Department of Highway Safety
5 and Motor Vehicles, the Department of Law Enforcement, the
6 Department of Corrections, the Department of Juvenile Justice,
7 personnel of those departments, and any individual or entity
8 acting at the request or upon the direction of those
9 departments are immune from civil liability for damages for
10 good faith compliance with this section, and shall be presumed
11 to have acted in good faith in compiling, recording,
12 reporting, or providing information. The presumption of good
13 faith is not overcome if technical or clerical errors are made
14 by the department, the Department of Highway Safety and Motor
15 Vehicles, the Department of Law Enforcement, the Department of
16 Juvenile Justice, personnel of those departments, or any
17 individual or entity acting at the request or upon the
18 direction of those departments in compiling, recording,
19 reporting, or providing information, or, if the information is
20 incomplete or incorrect because the information has not been
21 provided by a person or agency required to provide the
22 information, or because the information was not reported or
23 was falsely reported.
24 (13)(a) A sexual offender must report in person each
25 year during the month of the sexual offender's birthday and
26 during the sixth month following the sexual offender's birth
27 month to the sheriff's office in the county in which he or she
28 resides or is otherwise located to reregister.
29 (b) However, a sexual offender who is required to
30 register as a result of a conviction for a violation of s.
31 787.01 or s. 787.02 where the victim is a minor and the
30
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1 offender is not the victim's parent or guardian; a violation
2 of chapter 794, excluding ss. 794.011(10), 794.0235, 794.024,
3 794.027, 794.03, 794.05, 794.065, and 794.075; any violation
4 of s. 800.04 where the court finds the use of force, threat,
5 or coercion by the offender, or resulting physical injury to
6 the victim, or that the victim was unconscious, substantially
7 impaired, or suffered a physical or mental disability
8 resulting in a failure to appraise or control the situation; a
9 violation of s. 800.04(5)(b); or any attempt or conspiracy to
10 commit such offense or a violation of a similar law of another
11 jurisdiction must reregister each year during the month of the
12 sexual offender's birthday and every third month thereafter.
13 (c) The sheriff's office may determine the appropriate
14 times and days for reporting by the sexual offender, which
15 shall be consistent with the reporting requirements of this
16 subsection paragraph. Reregistration shall include any changes
17 to the following information:
18 1. Name; social security number; age; race; sex; date
19 of birth; height; weight; hair and eye color; address of any
20 permanent residence and address of any current temporary
21 residence, within the state or out of state, including a rural
22 route address and a post office box; date and place of any
23 employment; vehicle make, model, color, and license tag
24 number; fingerprints; and photograph. A post office box shall
25 not be provided in lieu of a physical residential address.
26 2. If the sexual offender is enrolled, employed, or
27 carrying on a vocation at an institution of higher education
28 in this state, the sexual offender shall also provide to the
29 department the name, address, and county of each institution,
30 including each campus attended, and the sexual offender's
31 enrollment or employment status.
31
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1 3. If the sexual offender's place of residence is a
2 motor vehicle, trailer, mobile home, or manufactured home, as
3 defined in chapter 320, the sexual offender shall also provide
4 the vehicle identification number; the license tag number; the
5 registration number; and a description, including color
6 scheme, of the motor vehicle, trailer, mobile home, or
7 manufactured home. If the sexual offender's place of residence
8 is a vessel, live-aboard vessel, or houseboat, as defined in
9 chapter 327, the sexual offender shall also provide the hull
10 identification number; the manufacturer's serial number; the
11 name of the vessel, live-aboard vessel, or houseboat; the
12 registration number; and a description, including color
13 scheme, of the vessel, live-aboard vessel, or houseboat.
14 4. Any sexual offender who fails to report in person
15 as required at the sheriff's office, or who fails to respond
16 to any address verification correspondence from the department
17 within 3 weeks of the date of the correspondence, commits a
18 felony of the third degree, punishable as provided in s.
19 775.082, s. 775.083, and s. 775.084.
20 (d)(b) The sheriff's office shall, within 2 working
21 days, electronically submit and update all information
22 provided by the sexual offender to the Florida Department of
23 Law Enforcement in a manner prescribed by the Florida
24 Department of Law Enforcement. This procedure shall be
25 implemented by December 1, 2005.
26 Section 9. Subsection (6) of section 985.04, Florida
27 Statutes, is amended to read:
28 985.04 Oaths; records; confidential information.--
29 (6)(a) Records maintained by the department, including
30 copies of records maintained by the court, which pertain to a
31 child found to have committed a delinquent act which, if
32
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1 committed by an adult, would be a crime specified in ss.
2 435.03 and 435.04 may not be destroyed under this section for
3 a period of 25 years after the youth's final referral to the
4 department, except in cases of the death of the child. Such
5 records, however, shall be sealed by the court for use only in
6 meeting the screening requirements for personnel in s.
7 402.3055 and the other sections cited above, or under
8 departmental rule; however, current criminal history
9 information must be obtained from the Department of Law
10 Enforcement in accordance with s. 943.053. The information
11 shall be released to those persons specified in the above
12 cited sections for the purposes of complying with those
13 sections. The court may punish by contempt any person who
14 releases or uses the records for any unauthorized purpose.
15 (b) Sexual offender and predator registration
16 information as required in ss. 775.21, 943.0435, 944.606,
17 944.607, 985.481, and 985.4815 is public record pursuant to s.
18 119.07(1) and as otherwise provided by law.
19 Section 10. Subsection (2) of section 985.045, Florida
20 Statutes, is amended to read:
21 985.045 Court records.--
22 (2) The clerk shall keep all official records required
23 by this section separate from other records of the circuit
24 court, except those records pertaining to motor vehicle
25 violations, which shall be forwarded to the Department of
26 Highway Safety and Motor Vehicles. Except as provided in ss.
27 943.053, 985.04(6)(b), and 985.04(7), official records
28 required by this chapter are not open to inspection by the
29 public, but may be inspected only upon order of the court by
30 persons deemed by the court to have a proper interest therein,
31 except that a child and the parents, guardians, or legal
33
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1 custodians of the child and their attorneys, law enforcement
2 agencies, the Department of Juvenile Justice and its
3 designees, the Parole Commission, the Department of
4 Corrections, and the Justice Administrative Commission shall
5 always have the right to inspect and copy any official record
6 pertaining to the child. The court may permit authorized
7 representatives of recognized organizations compiling
8 statistics for proper purposes to inspect, and make abstracts
9 from, official records under whatever conditions upon the use
10 and disposition of such records the court may deem proper and
11 may punish by contempt proceedings any violation of those
12 conditions.
13 Section 11. Section 985.481, Florida Statutes, is
14 created to read:
15 985.481 Sexual offenders adjudicated delinquent;
16 notification upon release.--
17 (1) As used in this section:
18 (a) "Convicted" has the same meaning as provided in
19 s. 943.0435.
20 (b) "Sexual offender" means a person who has been
21 adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
22 (2) The Legislature finds that sexual offenders,
23 especially those who have committed their offenses against
24 minors, often pose a high risk of engaging in sexual offenses
25 even after being released from incarceration or commitment and
26 that protection of the public from sexual offenders is a
27 paramount governmental interest. Sexual offenders have a
28 reduced expectation of privacy because of the public's
29 interest in public safety and in the effective operation of
30 government. Releasing sexual offender information to law
31 enforcement agencies, to persons who request such information,
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1 and to the public by a law enforcement agency or public agency
2 will further the governmental interests of public safety.
3 (3)(a) The department must provide information
4 regarding any sexual offender who is being released after
5 serving a period of residential commitment or other detention
6 under the department for any offense, as follows:
7 1. The department must provide the sexual offender's
8 name, any change in the offender's name by reason of marriage
9 or other legal process, and any alias, if known; the
10 correctional facility from which the sexual offender is
11 released; the sexual offender's social security number, race,
12 sex, date of birth, height, weight, and hair and eye color;
13 date and county of disposition and each crime for which there
14 was a disposition; a copy of the offender's fingerprints and a
15 digitized photograph taken within 60 days before release; the
16 date of release of the sexual offender; and the offender's
17 intended residence address, if known. The department shall
18 notify the Department of Law Enforcement if the sexual
19 offender escapes, absconds, or dies. If the sexual offender is
20 in the custody of a private correctional facility, the
21 facility shall take the digitized photograph of the sexual
22 offender within 60 days before the sexual offender's release
23 and also place it in the sexual offender's file. If the sexual
24 offender is in the custody of a local jail or detention
25 center, the custodian of the local jail or detention center
26 shall register the offender within 3 business days after
27 intake of the offender for any reason and, upon release,
28 notify the Department of Law Enforcement of the sexual
29 offender's release and provide to the Department of Law
30 Enforcement the information specified in this subparagraph and
31
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1 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 delinquency records,
5 when available.
6 (b) The department must provide the information
7 described in subparagraph (a)1. to the following:
8 1. The sheriff of the county from where the sexual
9 offender offense was disposed.
10 2. The sheriff of the county and, if applicable, the
11 police chief of the municipality where the sexual offender
12 plans to reside.
13 3. The Department of Law Enforcement.
14 4. When requested, the victim of the offense, the
15 victim's parent or legal guardian if the victim is a minor,
16 the lawful representative of the victim or of the victim's
17 parent or guardian if the victim is a minor, or the next of
18 kin if the victim is a homicide victim.
19 5. Any person who requests such information, either
20 within 6 months prior to the anticipated release of a sexual
21 offender or as soon as possible if an offender is released
22 earlier than anticipated. All such information provided to the
23 Department of Law Enforcement must be available electronically
24 as soon as the information is in the agency's database and
25 must be in a format that is compatible with the requirements
26 of the Florida Crime Information Center.
27 (c) Upon request, the department must provide the
28 information described in subparagraph (a)2. to the following:
29 1. The sheriff of the county from where the sexual
30 offender was sentenced.
31
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1 2. The sheriff of the county and, if applicable, the
2 police chief of the municipality where the sexual offender
3 plans to reside, either within 6 months prior to the
4 anticipated release of a sexual offender or as soon as
5 possible if an offender is released earlier than anticipated.
6 (d) Upon receiving information regarding a sexual
7 offender from the department, the Department of Law
8 Enforcement, the sheriff, or the chief of police shall provide
9 the information described in subparagraph (a)1. to any
10 individual who requests such information and may release the
11 information to the public in any manner deemed appropriate,
12 unless the information so received is confidential or exempt
13 from s. 119.07(1) and s. 24(a), Art. I of the State
14 Constitution.
15 (4) This section authorizes the department or any law
16 enforcement agency to notify the community and the public of a
17 sexual offender's presence in the community. However, with
18 respect to a sexual offender who has been found to be a sexual
19 predator under chapter 775, the Department of Law Enforcement
20 or any other law enforcement agency must inform the community
21 and the public of the sexual predator's presence in the
22 community as provided in chapter 775.
23 (5) An elected or appointed official, public employee,
24 school administrator or employee, or agency, or any individual
25 or entity acting at the request or upon the direction of any
26 law enforcement agency, is immune from civil liability for
27 damages resulting from the release of information under this
28 section.
29 Section 12. Section 985.4815, Florida Statutes, is
30 created to read:
31
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1 985.4815 Notification to Department of Law Enforcement
2 of information on juvenile sexual offenders.--
3 (1) As used in this section, the term:
4 (a) "Change in enrollment or employment status" means
5 the commencement or termination of enrollment or employment or
6 a change in location of enrollment or employment.
7 (b) "Conviction" has the same meaning as provided in
8 s. 943.0435.
9 (c) "Institution of higher education" means a career
10 center, community college, college, state university, or
11 independent postsecondary institution.
12 (d) "Sexual offender" means a person who is in the
13 care or custody or under the jurisdiction or supervision of
14 the department or is in the custody of a private correctional
15 facility and who:
16 1. Has been adjudicated delinquent as provided in s.
17 943.0435(1)(a)1.d.; or
18 2. Is a minor who establishes or maintains a residence
19 in this state and has not been designated as a sexual predator
20 by a court of this state but has been designated as a sexual
21 predator, as a sexually violent predator, or by another sexual
22 offender designation in another state or jurisdiction and was,
23 as a result of such designation, subjected to registration or
24 community or public notification, or both, or would be if the
25 person were a resident of that state or jurisdiction, without
26 regard to whether the person otherwise meets the criteria for
27 registration as a sexual offender.
28 (2) The clerk of that court which adjudicated and
29 entered a disposition regarding the sexual offender for the
30 offense or offenses for which he or she was convicted shall
31 forward to the department and the Department of Law
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1 Enforcement a certified copy of any order entered by the court
2 imposing any special condition or restriction on the sexual
3 offender that restricts or prohibits access to the victim, if
4 the victim is a minor, or to other minors. The Department of
5 Law Enforcement may include on its Internet website such
6 special conditions or restrictions.
7 (3) If a sexual offender is not sentenced to a term of
8 residential commitment, the clerk of the court shall ensure
9 that the sexual offender's fingerprints and sexual offender
10 registration are taken and forwarded to the Department of Law
11 Enforcement within 48 hours after the court sentences the
12 offender. The fingerprint card shall be clearly marked "Sexual
13 Offender Registration Card."
14 (4) A sexual offender, as described in this section,
15 who is under the supervision of the department but is not
16 committed must register with the department within 3 business
17 days after adjudication and disposition for a registerable
18 offense and otherwise provide information as required by this
19 subsection.
20 (a) The sexual offender shall provide his or her name;
21 date of birth; social security number; race; sex; height;
22 weight; hair and eye color; tattoos or other identifying
23 marks; and permanent or legal residence and address of
24 temporary residence within the state or out of state while the
25 sexual offender is in the care or custody or under the
26 jurisdiction or supervision of the department in this state,
27 including any rural route address or post office box, and the
28 name and address of each school attended. The department shall
29 verify the address of each sexual offender in the manner
30 described in ss. 775.21 and 943.0435 and shall report to the
31
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1 Department of Law Enforcement any failure by a sexual offender
2 to comply with registration requirements.
3 (b) If the sexual offender is enrolled, employed, or
4 carrying on a vocation at an institution of higher education
5 in this state, the sexual offender shall provide the name,
6 address, and county of each institution, including each campus
7 attended, and the sexual offender's enrollment or employment
8 status. Each change in enrollment or employment status shall
9 be reported to the department within 48 hours after the change
10 in status. The department shall promptly notify each
11 institution of the sexual offender's presence and any change
12 in the sexual offender's enrollment or employment status.
13 (5) In addition to notification and transmittal
14 requirements imposed by any other provision of law, the
15 department shall compile information on any sexual offender
16 and provide the information to the Department of Law
17 Enforcement. The information shall be made available
18 electronically to the Department of Law Enforcement as soon as
19 this information is in the department's database and must be
20 in a format that is compatible with the requirements of the
21 Florida Crime Information Center.
22 (6)(a) The information provided to the Department of
23 Law Enforcement must include the following:
24 1. The information obtained from the sexual offender
25 under subsection (4).
26 2. The sexual offender's most current address and
27 place of permanent or temporary residence within the state or
28 out of state while the sexual offender is in the care or
29 custody or under the jurisdiction or supervision of the
30 department in this state, including the name of the county or
31 municipality in which the offender permanently or temporarily
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1 resides and, if known, the intended place of permanent or
2 temporary residence upon satisfaction of all sanctions.
3 3. The legal status of the sexual offender and the
4 scheduled termination date of that legal status.
5 4. The location of, and local telephone number for,
6 any department office that is responsible for supervising the
7 sexual offender.
8 5. An indication of whether the victim of the offense
9 that resulted in the offender's status as a sexual offender
10 was a minor.
11 6. The offense or offenses at adjudication and
12 disposition that resulted in the determination of the
13 offender's status as a sex offender.
14 7. A digitized photograph of the sexual offender,
15 which must have been taken within 60 days before the offender
16 was released from the custody of the department or a private
17 correctional facility by expiration of sentence under s.
18 944.275, or within 60 days after the onset of the department's
19 supervision of any sexual offender who is on probation,
20 postcommitment probation, residential commitment,
21 nonresidential commitment, licensed child-caring commitment,
22 community control, conditional release, parole, provisional
23 release, or control release or who is supervised by the
24 department under the Interstate Compact Agreement for
25 Probationers and Parolees. If the sexual offender is in the
26 custody of a private correctional facility, the facility shall
27 take a digitized photograph of the sexual offender within the
28 time period provided in this subparagraph and shall provide
29 the photograph to the department.
30 (b) If any information provided by the department
31 changes during the time the sexual offender is under the
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1 department's care, control, custody, or supervision, including
2 any change in the offender's name by reason of marriage or
3 other legal process, the department shall, in a timely manner,
4 update the information and provide it to the Department of Law
5 Enforcement in the manner prescribed in subsection (5).
6 (7) If the sexual offender is in the custody of a
7 local jail or detention center, the custodian of the local
8 jail shall register the offender within 3 business days after
9 intake of the offender for any reason and, upon release,
10 forward the information to the Department of Law Enforcement.
11 The custodian of the local jail shall also take a digitized
12 photograph of the sexual offender while the offender remains
13 in custody and shall provide the digitized photograph to the
14 Department of Law Enforcement.
15 (8) If the sexual offender is under federal
16 supervision, the federal agency responsible for supervising
17 the sexual offender may forward to the Department of Law
18 Enforcement any information regarding the sexual offender that
19 is consistent with the information provided by the department
20 under this section and may indicate whether use of the
21 information is restricted to law enforcement purposes only or
22 may be used by the Department of Law Enforcement for purposes
23 of public notification.
24 (9) A sexual offender, as described in this section,
25 who is under the care, jurisdiction, or supervision of the
26 department but who is not incarcerated shall, in addition to
27 the registration requirements provided in subsection (4),
28 register in the manner provided in s. 943.0435(3), (4), and
29 (5), unless the sexual offender is a sexual predator, in which
30 case he or she shall register as required under s. 775.21. A
31 sexual offender who fails to comply with the requirements of
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1 s. 943.0435 is subject to the penalties provided in s.
2 943.0435(9).
3 (10)(a) The failure of a sexual offender to submit to
4 the taking of a digitized photograph, or to otherwise comply
5 with the requirements of this section, is a felony of the
6 third degree, punishable as provided in s. 775.082, s.
7 775.083, or s. 775.084.
8 (b) A sexual offender who commits any act or omission
9 in violation of this section may be prosecuted for the act or
10 omission in the county in which the act or omission was
11 committed, the county of the last registered address of the
12 sexual offender, or the county in which the adjudication and
13 disposition occurred for the offense or offenses that meet the
14 criteria for designating a person as a sexual offender.
15 (c) An arrest on charges of failure to register when
16 the offender has been provided and advised of his or her
17 statutory obligations to register under s. 943.0435(2), the
18 service of an information or a complaint for a violation of
19 this section, or an arraignment on charges for a violation of
20 this section constitutes actual notice of the duty to
21 register. A sexual offender's failure to immediately register
22 as required by this section following such arrest, service, or
23 arraignment constitutes grounds for a subsequent charge of
24 failure to register. A sexual offender charged with the crime
25 of failure to register who asserts, or intends to assert, a
26 lack of notice of the duty to register as a defense to a
27 charge of failure to register shall immediately register as
28 required by this section. A sexual offender who is charged
29 with a subsequent failure to register may not assert the
30 defense of a lack of notice of the duty to register.
31
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1 (d) Registration following such arrest, service, or
2 arraignment is not a defense and does not relieve the sexual
3 offender of criminal liability for the failure to register.
4 (11) The department, the Department of Highway Safety
5 and Motor Vehicles, the Department of Law Enforcement, the
6 Department of Corrections, personnel of those departments, and
7 any individual or entity acting at the request or upon the
8 direction of those departments are immune from civil liability
9 for damages for good faith compliance with this section and
10 shall be presumed to have acted in good faith in compiling,
11 recording, reporting, or providing information. The
12 presumption of good faith is not overcome if technical or
13 clerical errors are made by the department, the Department of
14 Highway Safety and Motor Vehicles, the Department of Law
15 Enforcement, the Department of Corrections, personnel of those
16 departments, or any individual or entity acting at the request
17 or upon the direction of those departments in compiling,
18 recording, reporting, or providing information, or, if the
19 information is incomplete or incorrect because the information
20 has not been provided by a person or agency required to
21 provide it, was not reported, or was falsely reported.
22 (12) Any person who has reason to believe that a
23 sexual offender is not complying, or has not complied, with
24 the requirements of this section and who, with the intent to
25 assist the sexual offender in eluding a law enforcement agency
26 that is seeking to find the sexual offender to question the
27 sexual offender about, or to arrest the sexual offender for,
28 his or her noncompliance with the requirements of this
29 section:
30 (a) Withholds information from, or does not notify,
31 the law enforcement agency about the sexual offender's
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1 noncompliance with the requirements of this section and, if
2 known, the whereabouts of the sexual offender;
3 (b) Harbors, attempts to harbor, or assists another
4 person in harboring or attempting to harbor the sexual
5 offender;
6 (c) Conceals, attempts to conceal, or assists another
7 person in concealing or attempting to conceal the sexual
8 offender; or
9 (d) Provides information to the law enforcement agency
10 regarding the sexual offender that the person knows to be
11 false
12
13 commits a felony of the third degree, punishable as provided
14 in s. 775.082, s. 775.083, or s. 775.084. This subsection does
15 not apply if the sexual offender is incarcerated in or is in
16 the custody of a state correctional facility, a private
17 correctional facility, a local jail, or a federal correctional
18 facility.
19 (13)(a) A sexual offender must report in person each
20 year during the month of the sexual offender's birthday and
21 during every third month thereafter to the sheriff's office in
22 the county in which he or she resides or is otherwise located
23 to reregister.
24 (b) The sheriff's office may determine the appropriate
25 times and days for reporting by the sexual offender, which
26 shall be consistent with the reporting requirements of this
27 subsection. Reregistration shall include any changes to the
28 following information:
29 1. Name; social security number; age; race; sex; date
30 of birth; height; weight; hair and eye color; address of any
31 permanent residence and address of any current temporary
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1 residence, within the state or out of state, including a rural
2 route address and a post office box; name and address of each
3 school attended; date and place of any employment; vehicle
4 make, model, color, and license tag number; fingerprints; and
5 photograph. A post office box shall not be provided in lieu of
6 a physical residential address.
7 2. If the sexual offender is enrolled, employed, or
8 carrying on a vocation at an institution of higher education
9 in this state, the sexual offender shall also provide to the
10 department the name, address, and county of each institution,
11 including each campus attended, and the sexual offender's
12 enrollment or employment status.
13 3. If the sexual offender's place of residence is a
14 motor vehicle, trailer, mobile home, or manufactured home, as
15 defined in chapter 320, the sexual offender 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 offender's place of residence
20 is a vessel, live-aboard vessel, or houseboat, as defined in
21 chapter 327, the sexual offender 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 4. Any sexual offender who fails to report in person
27 as required at the sheriff's office, or who fails to respond
28 to any address verification correspondence from the department
29 within 3 weeks after the date of the correspondence, commits a
30 felony of the third degree, punishable as provided in s.
31 775.082, s. 775.083, and s. 775.084.
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1 (c) The sheriff's office shall, within 2 working days,
2 electronically submit and update all information provided by
3 the sexual offender to the Department of Law Enforcement in a
4 manner prescribed by that department.
5 Section 13. This act shall take effect July 1, 2007.
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