Senate Bill sb1604

CODING: Words stricken are deletions; words underlined are additions.
    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    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  

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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  

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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  

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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  

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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,

                                  34

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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  

                                  35

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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  

                                  36

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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  

                                  37

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

                                  38

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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  

                                  39

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

                                  40

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

                                  41

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

                                  42

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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  

                                  43

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

                                  44

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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

                                  45

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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.

                                  46

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 1604
    3-655-07                                            See HB 665




 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.

 6  

 7  

 8  

 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  47

CODING: Words stricken are deletions; words underlined are additions.