Senate Bill sb1604c1
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Florida Senate - 2007 CS for SB 1604
By the Committee on Criminal Justice; and Senator Argenziano
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1 A bill to be entitled
2 An act relating to sexual offenders and
3 predators; amending s. 775.21, F.S.; revising
4 criteria for designation as a sexual predator;
5 correcting a cross-reference; requiring sexual
6 predators to register with the Department of
7 Law Enforcement through a sheriff's office;
8 requiring a sexual predator who is supervised
9 by the Department of Corrections but not
10 incarcerated to register within a specified
11 period; requiring that the custodian of a local
12 jail register a sexual predator within a
13 specified period after intake; deleting
14 provisions allowing certain predators to have
15 predator designation removed after a specified
16 period; revising references to applicable
17 federal law; revising provisions relating to
18 verification of addresses; providing specified
19 immunity to the Department of Juvenile Justice;
20 amending s. 943.0435, F.S.; revising criteria
21 for sexual offender designation; revising the
22 definition of the term "conviction"; revising
23 reporting requirements; revising references to
24 applicable federal law; revising provisions
25 relating to verification of addresses;
26 providing specified immunity to the Department
27 of Juvenile Justice; revising provisions
28 relating to petitions to allow certain
29 offenders to remove the offender designation
30 after a specified period; creating s.
31 943.04354, F.S.; allowing certain sexual
1
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1 predators and sexual offenders to petition for
2 the removal of the registration requirement;
3 providing that a court may grant the petition
4 if certain criteria are met and removal of the
5 registration requirement will not conflict with
6 federal law; creating s. 943.44353, F.S.;
7 requiring development and maintenance of a
8 system to provide automatic notification of
9 registration information regarding sexual
10 predators and sexual offenders to the public;
11 amending s. 943.0515, F.S.; requiring retention
12 of records of minors adjudicated delinquent of
13 specified sexual offenses; amending s. 944.606,
14 F.S.; revising criteria for designation as a
15 sexual offender; providing registration and
16 notification duties for a custodian of a local
17 jail regarding sexual offenders; amending s.
18 944.607, F.S.; revising the definition of a
19 sexual offender for notification purposes;
20 revising duties of clerks of court; revising
21 registration requirements; providing
22 registration and notification duties for a
23 custodian of a local jail regarding sexual
24 offenders; providing specified immunity to the
25 Department of Juvenile Justice; requiring more
26 frequent reregistration for specified
27 offenders; amending s. 985.04, F.S.; providing
28 that specified sexual predator and offender
29 registration information is a public record;
30 amending s. 985.045, F.S.; conforming a
31 provision; creating s. 985.481, F.S.; providing
2
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1 for notification upon release of specified
2 juvenile sexual offenders; providing for
3 availability of specified information
4 concerning such offenders; providing immunity
5 for specified officials; creating s. 985.4815,
6 F.S.; providing for notification to the
7 Department of Law Enforcement concerning
8 specified juvenile sexual offenders; providing
9 definitions; providing duties of clerks of
10 court; providing registration requirements;
11 requiring specified information to be made
12 available to the Department of Law Enforcement;
13 providing duties of a custodian of a local
14 jail; providing for forwarding of information
15 for specified offenders under federal
16 supervision; providing penalties for failure to
17 comply with requirements; providing venue for
18 prosecution of specified offenses; providing
19 for the effect of certain actions; providing
20 that registration following certain actions
21 does not provide a defense to specified
22 charges; providing immunity for specified
23 agencies and persons for certain actions;
24 prohibiting certain acts concerning offenders;
25 providing criminal penalties; providing
26 reporting requirements for offenders; amending
27 s. 921.0022, F.S.; ranking within the offense
28 severity ranking chart of the Criminal
29 Punishment Code certain offenses relating to
30 the registration requirements for sexual
31 offenders; providing an effective date.
3
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Paragraphs (a) and (c) of subsection (4),
4 paragraphs (a), (b), (c), (e), and (l) of subsection (6),
5 subsections (8) and (9), and paragraph (b) of subsection (10)
6 of section 775.21, Florida Statutes, are amended to read:
7 775.21 The Florida Sexual Predators Act.--
8 (4) SEXUAL PREDATOR CRITERIA.--
9 (a) For a current offense committed on or after
10 October 1, 1993, upon conviction, an offender shall be
11 designated as a "sexual predator" under subsection (5), and
12 subject to registration under subsection (6) and community and
13 public notification under subsection (7) if:
14 1. The felony is:
15 a. A capital, life, or first-degree felony violation,
16 or any attempt thereof, of s. 787.01 or s. 787.02, where the
17 victim is a minor and the defendant is not the victim's parent
18 or guardian, or s. 794.011 of chapter 794, s. 800.04, or s.
19 847.0145, or a violation of a similar law of another
20 jurisdiction; or
21 b. Any felony violation, or any attempt thereof, of s.
22 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
23 minor and the defendant is not the victim's parent or
24 guardian; s. 794.011 chapter 794, excluding s. ss.
25 794.011(10); s. 794.05 and 794.0235; s. 796.03; s. 796.035; s.
26 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; or s.
27 985.701(1); or a violation of a similar law of another
28 jurisdiction, and the offender has previously been convicted
29 of or found to have committed, or has pled nolo contendere or
30 guilty to, regardless of adjudication, any violation of s.
31 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
4
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1 minor and the defendant is not the victim's parent or
2 guardian; s. 794.011, excluding s. 794.011(10) s. 794.011(2),
3 (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.
4 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
5 excluding s. 847.0135(4); s. 847.0145; or s. 985.701(1); or a
6 violation of a similar law of another jurisdiction;
7 2. The offender has not received a pardon for any
8 felony or similar law of another jurisdiction that is
9 necessary for the operation of this paragraph; and
10 3. A conviction of a felony or similar law of another
11 jurisdiction necessary to the operation of this paragraph has
12 not been set aside in any postconviction proceeding.
13 (c) If an offender has been registered as a sexual
14 predator by the Department of Corrections, the department, or
15 any other law enforcement agency and if:
16 1. The court did not, for whatever reason, make a
17 written finding at the time of sentencing that the offender
18 was a sexual predator; or
19 2. The offender was administratively registered as a
20 sexual predator because the Department of Corrections, the
21 department, or any other law enforcement agency obtained
22 information that indicated that the offender met the criteria
23 for designation as a sexual predator based on a violation of a
24 similar law in another jurisdiction,
25
26 the department shall remove that offender from the
27 department's list of sexual predators and, for an offender
28 described under subparagraph 1., shall notify the state
29 attorney who prosecuted the offense that met the criteria for
30 administrative designation as a sexual predator, and, for an
31 offender described under this paragraph subparagraph, shall
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1 notify the state attorney of the county where the offender
2 establishes or maintains a permanent or temporary residence.
3 The state attorney shall bring the matter to the court's
4 attention in order to establish that the offender meets the
5 criteria for designation as a sexual predator. If the court
6 makes a written finding that the offender is a sexual
7 predator, the offender must be designated as a sexual
8 predator, must register or be registered as a sexual predator
9 with the department as provided in subsection (6), and is
10 subject to the community and public notification as provided
11 in subsection (7). If the court does not make a written
12 finding that the offender is a sexual predator, the offender
13 may not be designated as a sexual predator with respect to
14 that offense and is not required to register or be registered
15 as a sexual predator with the department.
16 (6) REGISTRATION.--
17 (a) A sexual predator must register with the
18 department through the sheriff's office by providing the
19 following information to the department:
20 1. Name, social security number, age, race, sex, date
21 of birth, height, weight, hair and eye color, photograph,
22 address of legal residence and address of any current
23 temporary residence, within the state or out of state,
24 including a rural route address and a post office box, date
25 and place of any employment, date and place of each
26 conviction, fingerprints, and a brief description of the crime
27 or crimes committed by the offender. A post office box shall
28 not be provided in lieu of a physical residential address.
29 a. If the sexual predator's place of residence is a
30 motor vehicle, trailer, mobile home, or manufactured home, as
31 defined in chapter 320, the sexual predator shall also provide
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1 to the department written notice of the vehicle identification
2 number; the license tag number; the registration number; and a
3 description, including color scheme, of the motor vehicle,
4 trailer, mobile home, or manufactured home. If a sexual
5 predator's place of residence is a vessel, live-aboard vessel,
6 or houseboat, as defined in chapter 327, the sexual predator
7 shall also provide to the department written notice of the
8 hull identification number; the manufacturer's serial number;
9 the name of the vessel, live-aboard vessel, or houseboat; the
10 registration number; and a description, including color
11 scheme, of the vessel, live-aboard vessel, or houseboat.
12 b. 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. Each change in enrollment or
18 employment status shall be reported in person at the sheriff's
19 office, or the Department of Corrections if the sexual
20 predator is in the custody or control of or under the
21 supervision of the Department of Corrections, within 48 hours
22 after any change in status. The sheriff or the Department of
23 Corrections shall promptly notify each institution of the
24 sexual predator's presence and any change in the sexual
25 predator's enrollment or employment status.
26 2. Any other information determined necessary by the
27 department, including criminal and corrections records;
28 nonprivileged personnel and treatment records; and evidentiary
29 genetic markers when available.
30 (b) If the sexual predator is in the custody or
31 control of, or under the supervision of, the Department of
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1 Corrections, or is in the custody of a private correctional
2 facility, the sexual predator must register with the
3 Department of Corrections. A sexual predator who is under the
4 supervision of the Department of Corrections but who is not
5 incarcerated must register with the Department of Corrections
6 within 3 business days after the court finds the offender to
7 be a sexual predator. The Department of Corrections shall
8 provide to the department registration information and the
9 location of, and local telephone number for, any Department of
10 Corrections office that is responsible for supervising the
11 sexual predator. In addition, the Department of Corrections
12 shall notify the department if the sexual predator escapes or
13 absconds from custody or supervision or if the sexual predator
14 dies.
15 (c) If the sexual predator is in the custody of a
16 local jail, the custodian of the local jail shall register the
17 sexual predator within 3 business days after intake of the
18 sexual predator for any reason and upon release, and shall
19 forward the registration information to the department. The
20 custodian of the local jail shall also take a digitized
21 photograph of the sexual predator while the sexual predator
22 remains in custody and shall provide the digitized photograph
23 to the department. The custodian shall notify the department
24 if the sexual predator escapes from custody or dies.
25 (e)1. If the sexual predator is not in the custody or
26 control of, or under the supervision of, the Department of
27 Corrections, or is not in the custody of a private
28 correctional facility, the sexual predator shall register in
29 person:
30
31
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1 a. At the sheriff's office in the county where he or
2 she establishes or maintains a residence within 48 hours after
3 establishing or maintaining a residence in this state; and
4 b. At the sheriff's office in the county where he or
5 she was designated a sexual predator by the court within 48
6 hours after such finding is made.
7 2. and establishes or maintains a residence in the
8 state, the sexual predator shall register in person at the
9 sheriff's office in the county in which the predator
10 establishes or maintains a residence, within 48 hours after
11 establishing permanent or temporary residence in this state.
12 Any change in the sexual predator's permanent or temporary
13 residence or name, after the sexual predator registers in
14 person at the sheriff's office as provided in subparagraph 1.,
15 shall be accomplished in the manner provided in paragraphs
16 (g), (i), and (j). When a sexual predator registers with the
17 sheriff's office, the sheriff shall take a photograph and a
18 set of fingerprints of the predator and forward the
19 photographs and fingerprints to the department, along with the
20 information that the predator is required to provide pursuant
21 to this section.
22 (l) A sexual predator must maintain registration with
23 the department for the duration of his or her life, unless the
24 sexual predator has received a full pardon or has had a
25 conviction set aside in a postconviction proceeding for any
26 offense that met the criteria for the sexual predator
27 designation. However, a sexual predator who was designated as
28 a sexual predator by a court before October 1, 1998, and who
29 has been lawfully released from confinement, supervision, or
30 sanction, whichever is later, for at least 10 years and has
31 not been arrested for any felony or misdemeanor offense since
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1 release, may petition the criminal division of the circuit
2 court in the circuit in which the sexual predator resides for
3 the purpose of removing the sexual predator designation. A
4 sexual predator who was designated a sexual predator by a
5 court on or after October 1, 1998, who has been lawfully
6 released from confinement, supervision, or sanction, whichever
7 is later, for at least 20 years, and who has not been arrested
8 for any felony or misdemeanor offense since release may
9 petition the criminal division of the circuit court in the
10 circuit in which the sexual predator resides for the purpose
11 of removing the sexual predator designation. A sexual predator
12 who was designated as a sexual predator by a court on or after
13 September 1, 2005, who has been lawfully released from
14 confinement, supervision, or sanction, whichever is later, for
15 at least 30 years, and who has not been arrested for any
16 felony or misdemeanor offense since release may petition the
17 criminal division of the circuit court in the circuit in which
18 the sexual predator resides for the purpose of removing the
19 sexual predator designation. The court may grant or deny such
20 relief if the petitioner demonstrates to the court that he or
21 she has not been arrested for any crime since release, the
22 requested relief complies with the provisions of the federal
23 Jacob Wetterling Act, as amended, and any other federal
24 standards applicable to the removal of the designation as a
25 sexual predator or required to be met as a condition for the
26 receipt of federal funds by the state, and the court is
27 otherwise satisfied that the petitioner is not a current or
28 potential threat to public safety. The state attorney in the
29 circuit in which the petition is filed must be given notice of
30 the petition at least 3 weeks before the hearing on the
31 matter. The state attorney may present evidence in opposition
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1 to the requested relief or may otherwise demonstrate the
2 reasons why the petition should be denied. If the court denies
3 the petition, the court may set a future date at which the
4 sexual predator may again petition the court for relief,
5 subject to the standards for relief provided in this
6 paragraph. Unless specified in the order, a sexual predator
7 who is granted relief under this paragraph must comply with
8 the requirements for registration as a sexual offender and
9 other requirements provided under s. 943.0435 or s. 944.607.
10 If a petitioner obtains an order from the court that imposed
11 the order designating the petitioner as a sexual predator
12 which removes such designation, the petitioner shall forward a
13 certified copy of the written findings or order to the
14 department in order to have the sexual predator designation
15 removed from the sexual predator registry.
16
17 The sheriff shall promptly provide to the department the
18 information received from the sexual predator.
19 (8) VERIFICATION.--The department and the Department
20 of Corrections shall implement a system for verifying the
21 addresses of sexual predators. The system must be consistent
22 with the provisions of the federal Adam Walsh Child Protection
23 and Safety Act of 2006 Jacob Wetterling Act, as amended, and
24 any other federal standards applicable to such verification or
25 required to be met as a condition for the receipt of federal
26 funds by the state. The Department of Corrections shall verify
27 the addresses of sexual predators who are not incarcerated but
28 who reside in the community under the supervision of the
29 Department of Corrections and shall report to the department
30 any failure by a sexual predator to comply with registration
31 requirements. County and local law enforcement agencies, in
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1 conjunction with the department, shall verify the addresses of
2 sexual predators who are not under the care, custody, control,
3 or supervision of the Department of Corrections. Local law
4 enforcement agencies shall report to the department any
5 failure by a sexual predator to comply with registration
6 requirements.
7 (a) A sexual predator must report in person each year
8 during the month of the sexual predator's birthday and during
9 every third the sixth month thereafter following the sexual
10 predator's birth month to the sheriff's office in the county
11 in which he or she resides or is otherwise located to
12 reregister. The sheriff's office may determine the appropriate
13 times and days for reporting by the sexual predator, which
14 shall be consistent with the reporting requirements of this
15 paragraph. Reregistration shall include any changes to the
16 following information:
17 1. Name; social security number; age; race; sex; date
18 of birth; height; weight; hair and eye color; address of any
19 permanent residence and address of any current temporary
20 residence, within the state or out of state, including a rural
21 route address and a post office box; date and place of any
22 employment; vehicle make, model, color, and license tag
23 number; fingerprints; and photograph. A post office box shall
24 not be provided in lieu of a physical residential address.
25 2. If the sexual predator is enrolled, employed, or
26 carrying on a vocation at an institution of higher education
27 in this state, the sexual predator shall also provide to the
28 department the name, address, and county of each institution,
29 including each campus attended, and the sexual predator's
30 enrollment or employment status.
31
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1 3. If the sexual predator's place of residence is a
2 motor vehicle, trailer, mobile home, or manufactured home, as
3 defined in chapter 320, the sexual predator 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 predator's place of residence
8 is a vessel, live-aboard vessel, or houseboat, as defined in
9 chapter 327, the sexual predator 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 (b) The sheriff's office shall, within 2 working days,
15 electronically submit and update all information provided by
16 the sexual predator to the department in a manner prescribed
17 by the department. This procedure shall be implemented by
18 December 1, 2005.
19 (9) IMMUNITY.--The department, the Department of
20 Highway Safety and Motor Vehicles, the Department of
21 Corrections, the Department of Juvenile Justice, any law
22 enforcement agency in this state, and the personnel of those
23 departments; an elected or appointed official, public
24 employee, or school administrator; or an employee, agency, or
25 any individual or entity acting at the request or upon the
26 direction of any law enforcement agency is immune from civil
27 liability for damages for good faith compliance with the
28 requirements of this section or for the release of information
29 under this section, and shall be presumed to have acted in
30 good faith in compiling, recording, reporting, or releasing
31 the information. The presumption of good faith is not overcome
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1 if a technical or clerical error is made by the department,
2 the Department of Highway Safety and Motor Vehicles, the
3 Department of Corrections, the Department of Juvenile Justice,
4 the personnel of those departments, or any individual or
5 entity acting at the request or upon the direction of any of
6 those departments in compiling or providing information, or if
7 information is incomplete or incorrect because a sexual
8 predator fails to report or falsely reports his or her current
9 place of permanent or temporary residence.
10 (10) PENALTIES.--
11 (b) A sexual predator who has been convicted of or
12 found to have committed, or has pled nolo contendere or guilty
13 to, regardless of adjudication, any violation, or attempted
14 violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
15 the victim is a minor and the defendant is not the victim's
16 parent or guardian; s. 794.011, excluding s. 794.011(10) s.
17 794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.
18 796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0145; or
19 s. 985.701(1); or a violation of a similar law of another
20 jurisdiction when the victim of the offense was a minor, and
21 who works, whether for compensation or as a volunteer, at any
22 business, school, day care center, park, playground, or other
23 place where children regularly congregate, commits a felony of
24 the third degree, punishable as provided in s. 775.082, s.
25 775.083, or s. 775.084.
26 Section 2. Paragraphs (a) and (b) of subsection (1)
27 and subsections (2), (6), (10), (11), and (14) of section
28 943.0435, Florida Statutes, are amended to read:
29 943.0435 Sexual offenders required to register with
30 the department; penalty.--
31 (1) As used in this section, the term:
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1 (a)1. "Sexual offender" means a person who meets the
2 criteria in sub-subparagraph a., sub-subparagraph b.,
3 sub-subparagraph c., or sub-subparagraph d. subparagraph 1.,
4 subparagraph 2., or subparagraph 3., as follows:
5 a.(I)1.a. Has been convicted of committing, or
6 attempting, soliciting, or conspiring to commit, any of the
7 criminal offenses proscribed in the following statutes in this
8 state or similar offenses in another jurisdiction: s. 787.01,
9 s. 787.02, or s. 787.025(2)(c), where the victim is a minor
10 and the defendant is not the victim's parent or guardian; s.
11 794.011 chapter 794, excluding s. ss. 794.011(10); s. 794.075
12 and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025;
13 s. 827.071; s. 847.0133; s. 847.0135, excluding s.
14 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.
15 985.701(1); or any similar offense committed in this state
16 which has been redesignated from a former statute number to
17 one of those listed in this sub-sub-subparagraph
18 sub-subparagraph; and
19 (II)b. Has been released on or after October 1, 1997,
20 from the sanction imposed for any conviction of an offense
21 described in sub-sub-subparagraph (I) sub-subparagraph a. For
22 purposes of sub-sub-subparagraph (I) sub-subparagraph a., a
23 sanction imposed in this state or in any other jurisdiction
24 includes, but is not limited to, a fine, probation, community
25 control, parole, conditional release, control release, or
26 incarceration in a state prison, federal prison, private
27 correctional facility, or local detention facility;
28 b.2. Establishes or maintains a residence in this
29 state and who has not been designated as a sexual predator by
30 a court of this state but who has been designated as a sexual
31 predator, as a sexually violent predator, or by another sexual
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1 offender designation in another state or jurisdiction and was,
2 as a result of such designation, subjected to registration or
3 community or public notification, or both, or would be if the
4 person were a resident of that state or jurisdiction, without
5 regard to whether the person otherwise meets the criteria for
6 registration as a sexual offender; or
7 c.3. Establishes or maintains a residence in this
8 state who is in the custody or control of, or under the
9 supervision of, any other state or jurisdiction as a result of
10 a conviction for committing, or attempting, soliciting, or
11 conspiring to commit, any of the criminal offenses proscribed
12 in the following statutes or similar offense in another
13 jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
14 the victim is a minor and the defendant is not the victim's
15 parent or guardian; s. 794.011 chapter 794, excluding s. ss.
16 794.011(10); s. 794.075 and 794.0235; s. 796.03; s. 796.035;
17 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
18 excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s.
19 847.0145; or s. 985.701(1); or any similar offense committed
20 in this state which has been redesignated from a former
21 statute number to one of those listed in this
22 sub-subparagraph; or subparagraph.
23 d. On or after July 1, 2007, has been adjudicated
24 delinquent for committing, or attempting, soliciting, or
25 conspiring to commit, any of the criminal offenses proscribed
26 in the following statutes in this state or similar offenses in
27 another jurisdiction when the juvenile was 14 years of age or
28 older at the time of the offense:
29 (I) Section 794.011, excluding s. 794.011(10);
30
31
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1 (II) Section 800.04(4)(b) where the victim is under 12
2 years of age or where the court finds sexual activity by the
3 use of force or coercion;
4 (III) Section 800.04(5)(c)1. where the court finds
5 molestation involving unclothed genitals; or
6 (IV) Section 800.04(5)(d) where the court finds the
7 use of force or coercion and unclothed genitals.
8 2. For all qualifying offenses listed in
9 sub-subparagraph 1.d., the court shall make a written finding
10 of the age of the offender at the time of the offense.
11
12 For each violation of a qualifying offense listed in this
13 subsection, the court shall make a written finding of the age
14 of the victim at the time of the offense. For a violation of
15 s. 800.04(4), the court shall additionally make a written
16 finding indicating that the offense did or did not involve
17 sexual activity and indicating that the offense did or did not
18 involve force or coercion. For a violation of s. 800.04(5),
19 the court shall additionally make a written finding that the
20 offense did or did not involve unclothed genitals or genital
21 area and that the offense did or did not involve the use of
22 force or coercion.
23 (b) "Convicted" means that there has been a
24 determination of guilt as a result of a trial or the entry of
25 a plea of guilty or nolo contendere, regardless of whether
26 adjudication is withheld, and includes an adjudication of
27 delinquency of a juvenile as specified in this section.
28 Conviction of a similar offense includes, but is not limited
29 to, a conviction by a federal or military tribunal, including
30 courts-martial conducted by the Armed Forces of the United
31 States, and includes a conviction or entry of a plea of guilty
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1 or nolo contendere resulting in a sanction in any state of the
2 United States or other jurisdiction. A sanction includes, but
3 is not limited to, a fine, probation, community control,
4 parole, conditional release, control release, or incarceration
5 in a state prison, federal prison, private correctional
6 facility, or local detention facility.
7 (2) A sexual offender shall:
8 (a) Report in person at the sheriff's office:
9 1. In the county in which the offender establishes or
10 maintains a permanent or temporary residence, within 48 hours
11 after:
12 a. Establishing permanent or temporary residence in
13 this state; or within 48 hours after
14 b. Being released from the custody, control, or
15 supervision of the Department of Corrections or from the
16 custody of a private correctional facility; or.
17 2. In the county where he or she was convicted within
18 48 hours after being convicted for a qualifying offense for
19 registration under this section if the offender is not in the
20 custody or control of, or under the supervision of, the
21 Department of Corrections, or is not in the custody of a
22 private correctional facility.
23
24 Any change in the sexual offender's permanent or temporary
25 residence or name, after the sexual offender reports in person
26 at the sheriff's office, shall be accomplished in the manner
27 provided in subsections (4), (7), and (8).
28 (b) Provide his or her name, date of birth, social
29 security number, race, sex, height, weight, hair and eye
30 color, tattoos or other identifying marks, occupation and
31 place of employment, address of permanent or legal residence
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1 or address of any current temporary residence, within the
2 state and out of state, including a rural route address and a
3 post office box, date and place of each conviction, and a
4 brief description of the crime or crimes committed by the
5 offender. A post office box shall not be provided in lieu of a
6 physical residential address.
7 1. If the sexual offender's place of residence is a
8 motor vehicle, trailer, mobile home, or manufactured home, as
9 defined in chapter 320, the sexual offender shall also provide
10 to the department through the sheriff's office written notice
11 of the vehicle identification number; the license tag number;
12 the registration number; and a description, including color
13 scheme, of the motor vehicle, trailer, mobile home, or
14 manufactured home. If the sexual offender's place of residence
15 is a vessel, live-aboard vessel, or houseboat, as defined in
16 chapter 327, the sexual offender shall also provide to the
17 department written notice of the hull identification number;
18 the manufacturer's serial number; the name of the vessel,
19 live-aboard vessel, or houseboat; the registration number; and
20 a description, including color scheme, of the vessel,
21 live-aboard vessel, or houseboat.
22 2. If the sexual offender is enrolled, employed, or
23 carrying on a vocation at an institution of higher education
24 in this state, the sexual offender shall also provide to the
25 department through the sheriff's office the name, address, and
26 county of each institution, including each campus attended,
27 and the sexual offender's enrollment or employment status.
28 Each change in enrollment or employment status shall be
29 reported in person at the sheriff's office, within 48 hours
30 after any change in status. The sheriff shall promptly notify
31 each institution of the sexual offender's presence and any
19
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1 change in the sexual offender's enrollment or employment
2 status.
3
4 When a sexual offender reports at the sheriff's office, the
5 sheriff shall take a photograph and a set of fingerprints of
6 the offender and forward the photographs and fingerprints to
7 the department, along with the information provided by the
8 sexual offender. The sheriff shall promptly provide to the
9 department the information received from the sexual offender.
10 (6) County and local law enforcement agencies, in
11 conjunction with the department, shall verify the addresses of
12 sexual offenders who are not under the care, custody, control,
13 or supervision of the Department of Corrections in a manner
14 that is consistent with the provisions of the federal Adam
15 Walsh Child Protection and Safety Act of 2006 Jacob Wetterling
16 Act, as amended, and any other federal standards applicable to
17 such verification or required to be met as a condition for the
18 receipt of federal funds by the state. Local law enforcement
19 agencies shall report to the department any failure by a
20 sexual offender to comply with registration requirements.
21 (10) The department, the Department of Highway Safety
22 and Motor Vehicles, the Department of Corrections, the
23 Department of Juvenile Justice, any law enforcement agency in
24 this state, and the personnel of those departments; an elected
25 or appointed official, public employee, or school
26 administrator; or an employee, agency, or any individual or
27 entity acting at the request or upon the direction of any law
28 enforcement agency is immune from civil liability for damages
29 for good faith compliance with the requirements of this
30 section or for the release of information under this section,
31 and shall be presumed to have acted in good faith in
20
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1 compiling, recording, reporting, or releasing the information.
2 The presumption of good faith is not overcome if a technical
3 or clerical error is made by the department, the Department of
4 Highway Safety and Motor Vehicles, the Department of
5 Corrections, the Department of Juvenile Justice, the personnel
6 of those departments, or any individual or entity acting at
7 the request or upon the direction of any of those departments
8 in compiling or providing information, or if information is
9 incomplete or incorrect because a sexual offender fails to
10 report or falsely reports his or her current place of
11 permanent or temporary residence.
12 (11) Except as provided in s. 943.04354, a sexual
13 offender must maintain registration with the department for
14 the duration of his or her life, unless the sexual offender
15 has received a full pardon or has had a conviction set aside
16 in a postconviction proceeding for any offense that meets the
17 criteria for classifying the person as a sexual offender for
18 purposes of registration. However, a sexual offender:
19 (a)1. Who has been lawfully released from confinement,
20 supervision, or sanction, whichever is later, for at least 25
21 20 years and has not been arrested for any felony or
22 misdemeanor offense since release, provided that the sexual
23 offender's requirement to register was not based upon an adult
24 conviction:
25 a. For a violation of s. 787.01 or s. 787.02;
26 b. For a violation of s. 794.011, excluding s.
27 794.011(10);
28 c. For a violation of s. 800.04(4)(b) where the court
29 finds the offense involved a victim under 12 years of age or
30 sexual activity by the use of force or coercion;
31 d. For a violation of s. 800.04(5)(b);
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1 e. For a violation of s. 800.04(5)c.2. where the court
2 finds the offense involved unclothed genitals or genital area;
3 f. For any attempt or conspiracy to commit any such
4 offense; or
5 g. For a violation of similar law of another
6 jurisdiction,; or
7 (b) Who was 18 years of age or under at the time the
8 offense was committed and the victim was 12 years of age or
9 older and adjudication was withheld for that offense, who is
10 released from all sanctions, who has had 10 years elapse since
11 having been placed on probation, and who has not been arrested
12 for any felony or misdemeanor offense since the date of
13 conviction of the qualifying offense
14
15 may petition the criminal division of the circuit court of the
16 circuit in which the sexual offender resides for the purpose
17 of removing the requirement for registration as a sexual
18 offender.
19 2. The court may grant or deny such relief if the
20 offender demonstrates to the court that he or she has not been
21 arrested for any crime since release; the requested relief
22 complies with the provisions of the federal Adam Walsh Child
23 Protection and Safety Act of 2006 Jacob Wetterling Act, as
24 amended, and any other federal standards applicable to the
25 removal of registration requirements for a sexual offender or
26 required to be met as a condition for the receipt of federal
27 funds by the state; and the court is otherwise satisfied that
28 the offender is not a current or potential threat to public
29 safety. The state attorney in the circuit in which the
30 petition is filed must be given notice of the petition at
31 least 3 weeks before the hearing on the matter. The state
22
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1 attorney may present evidence in opposition to the requested
2 relief or may otherwise demonstrate the reasons why the
3 petition should be denied. If the court denies the petition,
4 the court may set a future date at which the sexual offender
5 may again petition the court for relief, subject to the
6 standards for relief provided in this subsection.
7 3. The department shall remove an offender from
8 classification as a sexual offender for purposes of
9 registration if the offender provides to the department a
10 certified copy of the court's written findings or order that
11 indicates that the offender is no longer required to comply
12 with the requirements for registration as a sexual offender.
13 (b)(c) As defined in sub-subparagraph (1)(a)1.b.
14 subparagraph (1)(a)2. must maintain registration with the
15 department for the duration of his or her life until the
16 person provides the department with an order issued by the
17 court that designated the person as a sexual predator, as a
18 sexually violent predator, or by another sexual offender
19 designation in the state or jurisdiction in which the order
20 was issued which states that such designation has been removed
21 or demonstrates to the department that such designation, if
22 not imposed by a court, has been removed by operation of law
23 or court order in the state or jurisdiction in which the
24 designation was made, and provided such person no longer meets
25 the criteria for registration as a sexual offender under the
26 laws of this state.
27 (14)(a) A sexual offender must report in person each
28 year during the month of the sexual offender's birthday and
29 during the sixth month following the sexual offender's birth
30 month to the sheriff's office in the county in which he or she
31 resides or is otherwise located to reregister.
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1 (b) However, a sexual offender who is required to
2 register as a result of a conviction for:
3 1. Section 787.01 or s. 787.02 where the victim is a
4 minor and the offender is not the victim's parent or guardian;
5 2. Section 794.011, excluding s. 794.011(10);
6 3. Section 800.04(4)(b) where the court finds the
7 offense involved a victim under 12 years of age or sexual
8 activity by the use of force or coercion;
9 4. Section 800.04(5)(b);
10 5. Section 800.04(5)(c)1. where the court finds
11 molestation involving unclothed genitals or genital area;
12 6. Section 800.04(5)c.2. where the court finds
13 molestation involving unclothed genitals or genital area;
14 7. Section 800.04(5)(d) where the court finds the use
15 of force or coercion and unclothed genitals or genital area;
16 8. Any attempt or conspiracy to commit such offense;
17 or
18 9. A violation of a similar law of another
19 jurisdiction,
20
21 must reregister each year during the month of the sexual
22 offender's birthday and every third month thereafter.
23 (c) The sheriff's office may determine the appropriate
24 times and days for reporting by the sexual offender, which
25 shall be consistent with the reporting requirements of this
26 subsection paragraph. Reregistration shall include any changes
27 to the following information:
28 1. Name; social security number; age; race; sex; date
29 of birth; height; weight; hair and eye color; address of any
30 permanent residence and address of any current temporary
31 residence, within the state or out of state, including a rural
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1 route address and a post office box; date and place of any
2 employment; vehicle make, model, color, and license tag
3 number; fingerprints; and photograph. A post office box shall
4 not be provided in lieu of a physical residential address.
5 2. If the sexual offender is enrolled, employed, or
6 carrying on a vocation at an institution of higher education
7 in this state, the sexual offender shall also provide to the
8 department the name, address, and county of each institution,
9 including each campus attended, and the sexual offender's
10 enrollment or employment status.
11 3. If the sexual offender's place of residence is a
12 motor vehicle, trailer, mobile home, or manufactured home, as
13 defined in chapter 320, the sexual offender shall also provide
14 the vehicle identification number; the license tag number; the
15 registration number; and a description, including color
16 scheme, of the motor vehicle, trailer, mobile home, or
17 manufactured home. If the sexual offender's place of residence
18 is a vessel, live-aboard vessel, or houseboat, as defined in
19 chapter 327, the sexual offender shall also provide the hull
20 identification number; the manufacturer's serial number; the
21 name of the vessel, live-aboard vessel, or houseboat; the
22 registration number; and a description, including color
23 scheme, of the vessel, live-aboard vessel or houseboat.
24 4. Any sexual offender who fails to report in person
25 as required at the sheriff's office, or who fails to respond
26 to any address verification correspondence from the department
27 within 3 weeks of the date of the correspondence, commits a
28 felony of the third degree, punishable as provided in s.
29 775.082, s. 775.083, or s. 775.084.
30 (d)(b) The sheriff's office shall, within 2 working
31 days, electronically submit and update all information
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1 provided by the sexual offender to the department in a manner
2 prescribed by the department. This procedure shall be
3 implemented by December 1, 2005.
4 Section 3. Section 943.04354, Florida Statutes, is
5 created to read:
6 943.04354 Removal of the requirement to register as a
7 sexual offender or sexual predator in special circumstances.--
8 (1) For purposes of this section, a person shall be
9 considered for removal of the requirement to register as a
10 sexual offender or sexual predator only if the person:
11 (a) Was or will be convicted or adjudicated delinquent
12 of a violation of s. 794.011 or s. 800.04, or the person
13 committed a violation of s. 794.011 or s. 800.04 for which
14 adjudication of guilt was or will be withheld, and the person
15 does not have any other conviction, adjudication of
16 delinquency, or withhold of adjudication of guilt for a
17 violation of s. 794.011 or s. 800.04;
18 (b) Is required to register as a sexual offender or
19 sexual predator solely on the basis of this violation; and
20 (c) Is not more than 4 years older than the victim of
21 this violation who was 14 years of age or older but not more
22 than 17 years of age at the time the person committed this
23 violation.
24 (2) If a person meets the criteria in subsection (1)
25 and the violation of s. 794.011 or s. 800.04 was committed on
26 or after July 1, 2007, the person may move the court that will
27 sentence or dispose of this violation to remove the
28 requirement that the person register as a sexual offender or
29 sexual predator. The person must allege in the motion that he
30 or she meets the criteria in subsection (1) and that removal
31 of the registration requirement will not conflict with federal
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1 law. The state attorney must be given notice of the motion at
2 least 21 days before the date of sentencing or disposition of
3 this violation, and may present evidence in opposition to the
4 requested relief or may otherwise demonstrate why the motion
5 should be denied. At sentencing or disposition of this
6 violation, the court shall rule on this motion and, if the
7 court determines the person meets the criteria in subsection
8 (1) and the removal of the registration requirement will not
9 conflict with federal law, it may grant the motion and order
10 the removal of the registration requirement. If the court
11 denies the motion, the person is not authorized under this
12 section to petition for removal of the registration
13 requirement.
14 (3)(a) This subsection applies to a person who:
15 1. Is not a person described in subsection (2) because
16 the violation of s. 794.011 or s. 800.04 was not committed on
17 or after July 1, 2007;
18 2. Is subject to registration as a sexual offender or
19 sexual predator for a violation of s. 794.011 or s. 800.04;
20 and
21 3. Meets the criteria in subsection (1).
22 (b) A person may petition the court in which the
23 sentence or disposition for the violation of s. 794.011 or s.
24 800.04 occurred for removal of the requirement to register as
25 a sexual offender or sexual predator. The person must allege
26 in the petition that he or she meets the criteria in
27 subsection (1) and removal of the registration requirement
28 will not conflict with federal law. The state attorney must be
29 given notice of the petition at least 21 days before the
30 hearing on the petition and, may present evidence in
31 opposition to the requested relief or may otherwise
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1 demonstrate why the petition should be denied. The court shall
2 rule on the petition and, if the court determines the person
3 meets the criteria in subsection (1) and removal of the
4 registration requirement will not conflict with federal law,
5 it may grant the petition and order the removal of the
6 registration requirement. If the court denies the petition,
7 the person is not authorized under this section to file any
8 further petition for removal of the registration requirement.
9 (4) If a person provides to the Department of Law
10 Enforcement a certified copy of the court's order removing the
11 requirement that the person register as a sexual offender or
12 sexual predator for the violation of s. 794.011 or s. 800.04,
13 the registration requirement will not apply to the person and
14 the department shall remove all information about the person
15 from the public registry of sexual offenders and sexual
16 predators maintained by the department. However, the removal
17 of this information from the public registry does not mean
18 that the public is denied access to information about the
19 person's criminal history or record that is otherwise
20 available as a public record.
21 Section 4. Section 943.44353, Florida Statutes, is
22 created to read:
23 943.44353 Automatic notification of registration
24 information regarding sexual predators and offenders.--
25 (1) No later than January 1, 2008, the department
26 shall develop and maintain a system to provide automatic
27 notification of registration information regarding sexual
28 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
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1 employment-related background checks under s. 3 of the
2 National Child Protection Act of 1993, 42 U.S.C. s. 5119a, as
3 amended, social service entities responsible for protecting
4 minors in the child welfare system, volunteer organizations in
5 which contact with minors or other vulnerable individuals
6 might occur, and any other such organization, company, or
7 individual shall have access to the notification system.
8 Section 5. 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, as
16 provided in s. 943.0435(1)(d)1.d. Such records may not be
17 destroyed and must be merged with the person's adult criminal
18 history record and retained as a part of the person's adult
19 record.
20 Section 6. Paragraph (b) of subsection (1) and
21 paragraph (a) of subsection (3) of section 944.606, Florida
22 Statutes, are amended to read:
23 944.606 Sexual offenders; notification upon release.--
24 (1) As used in this section:
25 (b) "Sexual offender" means a person who has been
26 convicted of committing, or attempting, soliciting, or
27 conspiring to commit, any of the criminal offenses proscribed
28 in the following statutes in this state or similar offenses in
29 another jurisdiction: s. 787.01, s. 787.02, or s.
30 787.025(2)(c), where the victim is a minor and the defendant
31 is not the victim's parent or guardian; s. 794.011 chapter
29
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1 794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s.
2 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
3 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137;
4 s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
5 offense committed in this state which has been redesignated
6 from a former statute number to one of those listed in this
7 subsection, when the department has received verified
8 information regarding such conviction; an offender's
9 computerized criminal history record is not, in and of itself,
10 verified information.
11 (3)(a) The department must provide information
12 regarding any sexual offender who is being released after
13 serving a period of incarceration for any offense, as follows:
14 1. The department must provide: the sexual offender's
15 name, any change in the offender's name by reason of marriage
16 or other legal process, and any alias, if known; the
17 correctional facility from which the sexual offender is
18 released; the sexual offender's social security number, race,
19 sex, date of birth, height, weight, and hair and eye color;
20 date and county of sentence and each crime for which the
21 offender was sentenced; a copy of the offender's fingerprints
22 and a digitized photograph taken within 60 days before
23 release; the date of release of the sexual offender; and the
24 offender's intended residence address, if known. The
25 department shall notify the Department of Law Enforcement if
26 the sexual offender escapes, absconds, or dies. If the sexual
27 offender is in the custody of a private correctional facility,
28 the facility shall take the digitized photograph of the sexual
29 offender within 60 days before the sexual offender's release
30 and provide this photograph to the Department of Corrections
31 and also place it in the sexual offender's file. If the sexual
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1 offender is in the custody of a local jail, the custodian of
2 the local jail shall register the offender within 3 business
3 days after intake of the offender for any reason and upon
4 release, and shall notify the Department of Law Enforcement of
5 the sexual offender's release and provide to the Department of
6 Law Enforcement the information specified in this paragraph
7 and any information specified in subparagraph 2. that the
8 Department of Law Enforcement requests.
9 2. The department may provide any other information
10 deemed necessary, including criminal and corrections records,
11 nonprivileged personnel and treatment records, when available.
12 Section 7. Paragraph (a) of subsection (1) and
13 subsections (4), (7), (11), and (13) of section 944.607,
14 Florida Statutes, are amended to read:
15 944.607 Notification to Department of Law Enforcement
16 of information on sexual offenders.--
17 (1) As used in this section, the term:
18 (a) "Sexual offender" means a person who is in the
19 custody or control of, or under the supervision of, the
20 department or is in the custody of a private correctional
21 facility:
22 1. On or after October 1, 1997, as a result of a
23 conviction for committing, or attempting, soliciting, or
24 conspiring to commit, any of the criminal offenses proscribed
25 in the following statutes in this state or similar offenses in
26 another jurisdiction: s. 787.01, s. 787.02, or s.
27 787.025(2)(c), where the victim is a minor and the defendant
28 is not the victim's parent or guardian; s. 794.011 chapter
29 794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s.
30 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
31 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137;
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1 s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
2 offense committed in this state which has been redesignated
3 from a former statute number to one of those listed in this
4 paragraph; or
5 2. Who establishes or maintains a residence in this
6 state and who has not been designated as a sexual predator by
7 a court of this state but who has been designated as a sexual
8 predator, as a sexually violent predator, or by another sexual
9 offender designation in another state or jurisdiction and was,
10 as a result of such designation, subjected to registration or
11 community or public notification, or both, or would be if the
12 person were a resident of that state or jurisdiction, without
13 regard as to whether the person otherwise meets the criteria
14 for registration as a sexual offender.
15 (4) A sexual offender, as described in this section,
16 who is under the supervision of the Department of Corrections
17 but is not incarcerated must register with the Department of
18 Corrections within 3 business days after sentencing for a
19 registerable offense and otherwise provide information as
20 required by this subsection.
21 (a) The sexual offender shall provide his or her name;
22 date of birth; social security number; race; sex; height;
23 weight; hair and eye color; tattoos or other identifying
24 marks; and permanent or legal residence and address of
25 temporary residence within the state or out of state while the
26 sexual offender is under supervision in this state, including
27 any rural route address or post office box. The Department of
28 Corrections shall verify the address of each sexual offender
29 in the manner described in ss. 775.21 and 943.0435. The
30 department shall report to the Department of Law Enforcement
31
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1 any failure by a sexual predator or sexual offender to comply
2 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 of Corrections shall promptly notify
11 each institution of the sexual offender's presence and any
12 change in the sexual offender's enrollment or employment
13 status.
14 (7) If the sexual offender is in the custody of a
15 local jail, the custodian of the local jail shall register the
16 offender within 3 business days after intake of the offender
17 for any reason and upon release, and shall forward the
18 information to the Department of Law Enforcement. The
19 custodian of the local jail shall also take a digitized
20 photograph of the sexual offender while the offender remains
21 in custody and shall provide the digitized photograph to the
22 Department of Law Enforcement.
23 (11) The department, the Department of Highway Safety
24 and Motor Vehicles, the Department of Law Enforcement, the
25 Department of Corrections, the Department of Juvenile Justice,
26 personnel of those departments, and any individual or entity
27 acting at the request or upon the direction of those
28 departments are immune from civil liability for damages for
29 good faith compliance with this section, and shall be presumed
30 to have acted in good faith in compiling, recording,
31 reporting, or providing information. The presumption of good
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1 faith is not overcome if technical or clerical errors are made
2 by the department, the Department of Highway Safety and Motor
3 Vehicles, the Department of Law Enforcement, the Department of
4 Juvenile Justice, personnel of those departments, or any
5 individual or entity acting at the request or upon the
6 direction of those departments in compiling, recording,
7 reporting, or providing information, or, if the information is
8 incomplete or incorrect because the information has not been
9 provided by a person or agency required to provide the
10 information, or because the information was not reported or
11 was falsely reported.
12 (13)(a) A sexual offender must report in person each
13 year during the month of the sexual offender's birthday and
14 during the sixth month following the sexual offender's birth
15 month to the sheriff's office in the county in which he or she
16 resides or is otherwise located to reregister.
17 (b) However, a sexual offender who is required to
18 register as a result of a conviction for:
19 1. Section 787.01 or s. 787.02 where the victim is a
20 minor and the offender is not the victim's parent or guardian;
21 2. Section 794.011, excluding s. 794.011(10);
22 3. Section 800.04(4)(b) where the victim is under 12
23 years of age or where the court finds sexual activity by the
24 use of force or coercion;
25 4. Section 800.04(5)(b);
26 5. Section 800.04(5)(c)1. where the court finds
27 molestation involving unclothed genitals or genital area;
28 6. Section 800.04(5)c.2. where the court finds
29 molestation involving unclothed genitals or genital area;
30 7. Section 800.04(5)(d) where the court finds the use
31 of force or coercion and unclothed genitals or genital area;
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1 8. Any attempt or conspiracy to commit such offense;
2 or
3 9. A violation of a similar law of another
4 jurisdiction,
5
6 must reregister each year during the month of the sexual
7 offender's birthday and every third month thereafter.
8 (c) The sheriff's office may determine the appropriate
9 times and days for reporting by the sexual offender, which
10 shall be consistent with the reporting requirements of this
11 subsection paragraph. Reregistration shall include any changes
12 to the following information:
13 1. Name; social security number; age; race; sex; date
14 of birth; height; weight; hair and eye color; address of any
15 permanent residence and address of any current temporary
16 residence, within the state or out of state, including a rural
17 route address and a post office box; date and place of any
18 employment; vehicle make, model, color, and license tag
19 number; fingerprints; and photograph. A post office box shall
20 not be provided in lieu of a physical residential address.
21 2. If the sexual offender is enrolled, employed, or
22 carrying on a vocation at an institution of higher education
23 in this state, the sexual offender shall also provide to the
24 department the name, address, and county of each institution,
25 including each campus attended, and the sexual offender's
26 enrollment or employment status.
27 3. If the sexual offender's place of residence is a
28 motor vehicle, trailer, mobile home, or manufactured home, as
29 defined in chapter 320, the sexual offender shall also provide
30 the vehicle identification number; the license tag number; the
31 registration number; and a description, including color
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1 scheme, of the motor vehicle, trailer, mobile home, or
2 manufactured home. If the sexual offender's place of residence
3 is a vessel, live-aboard vessel, or houseboat, as defined in
4 chapter 327, the sexual offender shall also provide the hull
5 identification number; the manufacturer's serial number; the
6 name of the vessel, live-aboard vessel, or houseboat; the
7 registration number; and a description, including color
8 scheme, of the vessel, live-aboard vessel or houseboat.
9 4. Any sexual offender who fails to report in person
10 as required at the sheriff's office, or who fails to respond
11 to any address verification correspondence from the department
12 within 3 weeks of the date of the correspondence, commits a
13 felony of the third degree, punishable as provided in s.
14 775.082, s. 775.083, or s. 775.084.
15 (d)(b) The sheriff's office shall, within 2 working
16 days, electronically submit and update all information
17 provided by the sexual offender to the Florida Department of
18 Law Enforcement in a manner prescribed by the Florida
19 Department of Law Enforcement. This procedure shall be
20 implemented by December 1, 2005.
21 Section 8. Subsection (6) of section 985.04, Florida
22 Statutes, is amended to read:
23 985.04 Oaths; records; confidential information.--
24 (6)(a) Records maintained by the department, including
25 copies of records maintained by the court, which pertain to a
26 child found to have committed a delinquent act which, if
27 committed by an adult, would be a crime specified in ss.
28 435.03 and 435.04 may not be destroyed under this section for
29 a period of 25 years after the youth's final referral to the
30 department, except in cases of the death of the child. Such
31 records, however, shall be sealed by the court for use only in
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1 meeting the screening requirements for personnel in s.
2 402.3055 and the other sections cited above, or under
3 departmental rule; however, current criminal history
4 information must be obtained from the Department of Law
5 Enforcement in accordance with s. 943.053. The information
6 shall be released to those persons specified in the above
7 cited sections for the purposes of complying with those
8 sections. The court may punish by contempt any person who
9 releases or uses the records for any unauthorized purpose.
10 (b) Sexual offender and predator registration
11 information as required in ss. 775.21, 943.0435, 944.606,
12 944.607, 985.481, and 985.4815 is a public record pursuant to
13 s. 119.07(1) and as otherwise provided by law.
14 Section 9. Subsection (2) of section 985.045, Florida
15 Statutes, is amended to read:
16 985.045 Court records.--
17 (2) The clerk shall keep all official records required
18 by this section separate from other records of the circuit
19 court, except those records pertaining to motor vehicle
20 violations, which shall be forwarded to the Department of
21 Highway Safety and Motor Vehicles. Except as provided in ss.
22 943.053, 985.04(6)(b), and 985.04(7), official records
23 required by this chapter are not open to inspection by the
24 public, but may be inspected only upon order of the court by
25 persons deemed by the court to have a proper interest therein,
26 except that a child and the parents, guardians, or legal
27 custodians of the child and their attorneys, law enforcement
28 agencies, the Department of Juvenile Justice and its
29 designees, the Parole Commission, the Department of
30 Corrections, and the Justice Administrative Commission shall
31 always have the right to inspect and copy any official record
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1 pertaining to the child. The court may permit authorized
2 representatives of recognized organizations compiling
3 statistics for proper purposes to inspect, and make abstracts
4 from, official records under whatever conditions upon the use
5 and disposition of such records the court may deem proper and
6 may punish by contempt proceedings any violation of those
7 conditions.
8 Section 10. Section 985.481, Florida Statutes, is
9 created to read:
10 985.481 Sexual offenders adjudicated delinquent;
11 notification upon release.--
12 (1) As used in this section:
13 (a) "Convicted" has the same meaning as provided in
14 s. 943.0435.
15 (b) "Sexual offender" means a person who has been
16 adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
17 (2) The Legislature finds that certain juvenile sexual
18 offenders pose a high risk of engaging in sexual offenses even
19 after being released from commitment and that protection of
20 the public from sexual offenders is a paramount governmental
21 interest. Sexual offenders have a reduced expectation of
22 privacy because of the public's interest in public safety and
23 in the effective operation of government. Releasing sexual
24 offender information to law enforcement agencies, to persons
25 who request such information, and to the public by a law
26 enforcement agency or public agency will further the
27 governmental interests of public safety.
28 (3)(a) The department must provide information
29 regarding any sexual offender who is being released after
30 serving a period of residential commitment under the
31 department for any offense, as follows:
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1 1. The department must provide the sexual offender's
2 name, any change in the offender's name by reason of marriage
3 or other legal process, and any alias, if known; the
4 correctional facility from which the sexual offender is
5 released; the sexual offender's social security number, race,
6 sex, date of birth, height, weight, and hair and eye color;
7 date and county of disposition and each crime for which there
8 was a disposition; a copy of the offender's fingerprints and a
9 digitized photograph taken within 60 days before release; the
10 date of release of the sexual offender; and the offender's
11 intended residence address, if known. The department shall
12 notify the Department of Law Enforcement if the sexual
13 offender escapes, absconds, or dies. If the sexual offender is
14 in the custody of a private correctional facility, the
15 facility shall take the digitized photograph of the sexual
16 offender within 60 days before the sexual offender's release
17 and also place it in the sexual offender's file. If the sexual
18 offender is in the custody of a local jail, the custodian of
19 the local jail shall register the offender within 3 business
20 days after intake of the offender for any reason and upon
21 release, and shall notify the Department of Law Enforcement of
22 the sexual offender's release and provide to the Department of
23 Law Enforcement the information specified in this subparagraph
24 and any information specified in subparagraph 2. which the
25 Department of Law Enforcement requests.
26 2. The department may provide any other information
27 considered necessary, including criminal and delinquency
28 records, when available.
29 (b) No later than November 1, 2007, the department
30 must make the information described in subparagraph (a)1.
31 available electronically to the Department of Law Enforcement
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1 in its database and in a format that is compatible with the
2 requirements of the Florida Crime Information Center.
3 (c) Upon receiving information regarding a sexual
4 offender from the department, the Department of Law
5 Enforcement, the sheriff, or the chief of police shall provide
6 the information described in subparagraph (a)1. to any
7 individual who requests such information and may release the
8 information to the public in any manner considered
9 appropriate, unless the information so received is
10 confidential or exempt from s. 119.07(1) and s. 24(a), Art. I
11 of the State Constitution.
12 (4) This section authorizes the department or any law
13 enforcement agency to notify the community and the public of a
14 sexual offender's presence in the community. However, with
15 respect to a sexual offender who has been found to be a sexual
16 predator under chapter 775, the Department of Law Enforcement
17 or any other law enforcement agency must inform the community
18 and the public of the sexual predator's presence in the
19 community as provided in chapter 775.
20 (5) An elected or appointed official, public employee,
21 school administrator or employee, or agency, or any individual
22 or entity acting at the request or upon the direction of any
23 law enforcement agency, is immune from civil liability for
24 damages resulting from the release of information under this
25 section.
26 Section 11. Section 985.4815, Florida Statutes, is
27 created to read:
28 985.4815 Notification to Department of Law Enforcement
29 of information on juvenile sexual offenders.--
30 (1) As used in this section, the term:
31
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1 (a) "Change in enrollment or employment status" means
2 the commencement or termination of enrollment or employment or
3 a change in location of enrollment or employment.
4 (b) "Conviction" has the same meaning as provided in
5 s. 943.0435.
6 (c) "Institution of higher education" means a career
7 center, community college, college, state university, or
8 independent postsecondary institution.
9 (d) "Sexual offender" means a person who is in the
10 care or custody or under the jurisdiction or supervision of
11 the department or is in the custody of a private correctional
12 facility and who:
13 1. Has been adjudicated delinquent as provided in s.
14 943.0435(1)(a)1.d.; or
15 2. Establishes or maintains a residence in this state
16 and has not been designated as a sexual predator by a court of
17 this state but has been designated as a sexual predator, as a
18 sexually violent predator, or by another sexual offender
19 designation in another state or jurisdiction and was, as a
20 result of such designation, subjected to registration or
21 community or public notification, or both, or would be if the
22 person were a resident of that state or jurisdiction, without
23 regard to whether the person otherwise meets the criteria for
24 registration as a sexual offender.
25 (2) The clerk of the court that adjudicated and
26 entered a disposition regarding the sexual offender for the
27 offense or offenses for which he or she was convicted shall
28 forward to the department and the Department of Law
29 Enforcement a certified copy of any order entered by the court
30 imposing any special condition or restriction on the sexual
31 offender which restricts or prohibits access to the victim, if
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1 the victim is a minor, or to other minors. The Department of
2 Law Enforcement may include on its Internet website such
3 special conditions or restrictions.
4 (3) If a sexual offender is not sentenced to a term of
5 residential commitment, the clerk of the court shall ensure
6 that the sexual offender's fingerprints are taken and
7 forwarded to the Department of Law Enforcement within 48 hours
8 after the court sentences the offender. The fingerprint card
9 shall be clearly marked "Sexual Offender Registration Card."
10 (4) A sexual offender, as described in this section,
11 who is under the supervision of the department but who is not
12 committed must register with the department within 3 business
13 days after adjudication and disposition for a registerable
14 offense and otherwise provide information as required by this
15 subsection.
16 (a) The sexual offender shall provide his or her name;
17 date of birth; social security number; race; sex; height;
18 weight; hair and eye color; tattoos or other identifying
19 marks; and permanent or legal residence and address of
20 temporary residence within the state or out of state while the
21 sexual offender is in the care or custody or under the
22 jurisdiction or supervision of the department in this state,
23 including any rural route address or post office box, and the
24 name and address of each school attended. The department shall
25 verify the address of each sexual offender and shall report to
26 the Department of Law Enforcement any failure by a sexual
27 offender to comply with registration requirements.
28 (b) If the sexual offender is enrolled, employed, or
29 carrying on a vocation at an institution of higher education
30 in this state, the sexual offender shall provide the name,
31 address, and county of each institution, including each campus
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1 attended, and the sexual offender's enrollment or employment
2 status. Each change in enrollment or employment status shall
3 be reported to the department within 48 hours after the change
4 in status. The department shall promptly notify each
5 institution of the sexual offender's presence and any change
6 in the sexual offender's enrollment or employment status.
7 (5) In addition to notification and transmittal
8 requirements imposed by any other provision of law, the
9 department shall compile information on any sexual offender
10 and provide the information to the Department of Law
11 Enforcement. No later than November 1, 2007, the department
12 must make the information available electronically to the
13 Department of Law Enforcement in its database in a format that
14 is compatible with the requirements of the Florida Crime
15 Information Center.
16 (6)(a) The information provided to the Department of
17 Law Enforcement must include the following:
18 1. The information obtained from the sexual offender
19 under subsection (4).
20 2. The sexual offender's most current address and
21 place of permanent or temporary residence within the state or
22 out of state while the sexual offender is in the care or
23 custody or under the jurisdiction or supervision of the
24 department in this state, including the name of the county or
25 municipality in which the offender permanently or temporarily
26 resides and, if known, the intended place of permanent or
27 temporary residence upon satisfaction of all sanctions.
28 3. The legal status of the sexual offender and the
29 scheduled termination date of that legal status.
30
31
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1 4. The location of, and local telephone number for,
2 any department office that is responsible for supervising the
3 sexual offender.
4 5. An indication of whether the victim of the offense
5 that resulted in the offender's status as a sexual offender
6 was a minor.
7 6. The offense or offenses at adjudication and
8 disposition that resulted in the determination of the
9 offender's status as a sex offender.
10 7. A digitized photograph of the sexual offender,
11 which must have been taken within 60 days before the offender
12 was released from the custody of the department or a private
13 correctional facility by expiration of sentence under s.
14 944.275, or within 60 days after the onset of the department's
15 supervision of any sexual offender who is on probation,
16 postcommitment probation, residential commitment,
17 nonresidential commitment, licensed child-caring commitment,
18 community control, conditional release, parole, provisional
19 release, or control release or who is supervised by the
20 department under the Interstate Compact Agreement for
21 Probationers and Parolees. If the sexual offender is in the
22 custody of a private correctional facility, the facility shall
23 take a digitized photograph of the sexual offender within the
24 time period provided in this subparagraph and shall provide
25 the photograph to the department.
26 (b) If any information provided by the department
27 changes during the time the sexual offender is under the
28 department's care, control, custody, or supervision, including
29 any change in the offender's name by reason of marriage or
30 other legal process, the department shall, in a timely manner,
31
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1 update the information and provide it to the Department of Law
2 Enforcement in the manner prescribed in subsection (5).
3 (7) If the sexual offender is in the custody of a
4 local jail, the custodian of the local jail shall register the
5 offender within 3 business days after intake of the offender
6 for any reason and upon release, and shall forward the
7 information to the Department of Law Enforcement. The
8 custodian of the local jail shall also take a digitized
9 photograph of the sexual offender while the offender remains
10 in custody and shall provide the digitized photograph to the
11 Department of Law Enforcement.
12 (8) If the sexual offender is under federal
13 supervision, the federal agency responsible for supervising
14 the sexual offender may forward to the Department of Law
15 Enforcement any information regarding the sexual offender
16 which is consistent with the information provided by the
17 department under this section and may indicate whether use of
18 the information is restricted to law enforcement purposes only
19 or may be used by the Department of Law Enforcement for
20 purposes of public notification.
21 (9) A sexual offender, as described in this section,
22 who is under the care, jurisdiction, or supervision of the
23 department but who is not incarcerated shall, in addition to
24 the registration requirements provided in subsection (4),
25 register in the manner provided in s. 943.0435(3), (4), and
26 (5), unless the sexual offender is a sexual predator, in which
27 case he or she shall register as required under s. 775.21. A
28 sexual offender who fails to comply with the requirements of
29 s. 943.0435 is subject to the penalties provided in s.
30 943.0435(9).
31
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1 (10)(a) The failure of a sexual offender to submit to
2 the taking of a digitized photograph, or to otherwise comply
3 with the requirements of this section, is a felony of the
4 third degree, punishable as provided in s. 775.082, s.
5 775.083, or s. 775.084.
6 (b) A sexual offender who commits any act or omission
7 in violation of this section may be prosecuted for the act or
8 omission in the county in which the act or omission was
9 committed, the county of the last registered address of the
10 sexual offender, or the county in which the adjudication and
11 disposition occurred for the offense or offenses that meet the
12 criteria for designating a person as a sexual offender.
13 (c) An arrest on charges of failure to register when
14 the offender has been provided and advised of his or her
15 statutory obligations to register under s. 943.0435(2), the
16 service of an information or a complaint for a violation of
17 this section, or an arraignment on charges for a violation of
18 this section constitutes actual notice of the duty to
19 register. A sexual offender's failure to immediately register
20 as required by this section following such arrest, service, or
21 arraignment constitutes grounds for a subsequent charge of
22 failure to register. A sexual offender charged with the crime
23 of failure to register who asserts, or intends to assert, a
24 lack of notice of the duty to register as a defense to a
25 charge of failure to register shall immediately register as
26 required by this section. A sexual offender who is charged
27 with a subsequent failure to register may not assert the
28 defense of a lack of notice of the duty to register.
29 (d) Registration following such arrest, service, or
30 arraignment is not a defense and does not relieve the sexual
31 offender of criminal liability for the failure to register.
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1 (11) The department, the Department of Highway Safety
2 and Motor Vehicles, the Department of Law Enforcement, the
3 Department of Corrections, personnel of those departments, and
4 any individual or entity acting at the request or upon the
5 direction of those departments are immune from civil liability
6 for damages for good faith compliance with this section and
7 shall be presumed to have acted in good faith in compiling,
8 recording, reporting, or providing information. The
9 presumption of good faith is not overcome if technical or
10 clerical errors are made by the department, the Department of
11 Highway Safety and Motor Vehicles, the Department of Law
12 Enforcement, the Department of Corrections, personnel of those
13 departments, or any individual or entity acting at the request
14 or upon the direction of those departments in compiling,
15 recording, reporting, or providing information, or, if the
16 information is incomplete or incorrect because the information
17 has not been provided by a person or agency required to
18 provide it, was not reported, or was falsely reported.
19 (12) Any person who has reason to believe that a
20 sexual offender is not complying, or has not complied, with
21 the requirements of this section and who, with the intent to
22 assist the sexual offender in eluding a law enforcement agency
23 that is seeking to find the sexual offender to question the
24 sexual offender about, or to arrest the sexual offender for,
25 his or her noncompliance with the requirements of this
26 section:
27 (a) Withholds information from, or does not notify,
28 the law enforcement agency about the sexual offender's
29 noncompliance with the requirements of this section and, if
30 known, the whereabouts of the sexual offender;
31
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1 (b) Harbors, attempts to harbor, or assists another
2 person in harboring or attempting to harbor the sexual
3 offender;
4 (c) Conceals, attempts to conceal, or assists another
5 person in concealing or attempting to conceal the sexual
6 offender; or
7 (d) Provides information to the law enforcement agency
8 regarding the sexual offender that the person knows to be
9 false
10
11 commits a felony of the third degree, punishable as provided
12 in s. 775.082, s. 775.083, or s. 775.084. This subsection does
13 not apply if the sexual offender is incarcerated in or is in
14 the custody of a state correctional facility, a private
15 correctional facility, a local jail, or a federal correctional
16 facility.
17 (13)(a) A sexual offender must report in person each
18 year during the month of the sexual offender's birthday and
19 during every third month thereafter to the sheriff's office in
20 the county in which he or she resides or is otherwise located
21 to reregister.
22 (b) The sheriff's office may determine the appropriate
23 times and days for reporting by the sexual offender, which
24 shall be consistent with the reporting requirements of this
25 subsection. Reregistration shall include any changes to the
26 following information:
27 1. Name; social security number; age; race; sex; date
28 of birth; height; weight; hair and eye color; address of any
29 permanent residence and address of any current temporary
30 residence, within the state or out of state, including a rural
31 route address and a post office box; name and address of each
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1 school attended; date and place of any employment; vehicle
2 make, model, color, and license tag number; fingerprints; and
3 photograph. A post office box shall not be provided in lieu of
4 a physical residential address.
5 2. If the sexual offender is enrolled, employed, or
6 carrying on a vocation at an institution of higher education
7 in this state, the sexual offender shall also provide to the
8 department the name, address, and county of each institution,
9 including each campus attended, and the sexual offender's
10 enrollment or employment status.
11 3. If the sexual offender's place of residence is a
12 motor vehicle, trailer, mobile home, or manufactured home, as
13 defined in chapter 320, the sexual offender shall also provide
14 the vehicle identification number; the license tag number; the
15 registration number; and a description, including color
16 scheme, of the motor vehicle, trailer, mobile home, or
17 manufactured home. If the sexual offender's place of residence
18 is a vessel, live-aboard vessel, or houseboat, as defined in
19 chapter 327, the sexual offender shall also provide the hull
20 identification number; the manufacturer's serial number; the
21 name of the vessel, live-aboard vessel, or houseboat; the
22 registration number; and a description, including color
23 scheme, of the vessel, live-aboard vessel, or houseboat.
24 4. Any sexual offender who fails to report in person
25 as required at the sheriff's office, or who fails to respond
26 to any address verification correspondence from the department
27 within 3 weeks after the date of the correspondence, commits a
28 felony of the third degree, punishable as provided in s.
29 775.082, s. 775.083, and s. 775.084.
30 (c) The sheriff's office shall, within 2 working days,
31 electronically submit and update all information provided by
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1 the sexual offender to the Department of Law Enforcement in a
2 manner prescribed by that department.
3 Section 12. Paragraph (g) of subsection (3) of section
4 921.0022, Florida Statutes, is amended to read:
5 921.0022 Criminal Punishment Code; offense severity
6 ranking chart.--
7 (3) OFFENSE SEVERITY RANKING CHART
8
9 Florida Felony
10 Statute Degree Description
11
12
13 (g) LEVEL 7
14 316.027(1)(b) 1st Accident involving death, failure
15 to stop; leaving scene.
16 316.193(3)(c)2. 3rd DUI resulting in serious bodily
17 injury.
18 316.1935(3)(b) 1st Causing serious bodily injury or
19 death to another person; driving
20 at high speed or with wanton
21 disregard for safety while
22 fleeing or attempting to elude
23 law enforcement officer who is in
24 a patrol vehicle with siren and
25 lights activated.
26 327.35(3)(c)2. 3rd Vessel BUI resulting in serious
27 bodily injury.
28
29
30
31
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1 402.319(2) 2nd Misrepresentation and negligence
2 or intentional act resulting in
3 great bodily harm, permanent
4 disfiguration, permanent
5 disability, or death.
6 409.920(2) 3rd Medicaid provider fraud.
7 456.065(2) 3rd Practicing a health care
8 profession without a license.
9 456.065(2) 2nd Practicing a health care
10 profession without a license
11 which results in serious bodily
12 injury.
13 458.327(1) 3rd Practicing medicine without a
14 license.
15 459.013(1) 3rd Practicing osteopathic medicine
16 without a license.
17 460.411(1) 3rd Practicing chiropractic medicine
18 without a license.
19 461.012(1) 3rd Practicing podiatric medicine
20 without a license.
21 462.17 3rd Practicing naturopathy without a
22 license.
23 463.015(1) 3rd Practicing optometry without a
24 license.
25 464.016(1) 3rd Practicing nursing without a
26 license.
27 465.015(2) 3rd Practicing pharmacy without a
28 license.
29 466.026(1) 3rd Practicing dentistry or dental
30 hygiene without a license.
31
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1 467.201 3rd Practicing midwifery without a
2 license.
3 468.366 3rd Delivering respiratory care
4 services without a license.
5 483.828(1) 3rd Practicing as clinical laboratory
6 personnel without a license.
7 483.901(9) 3rd Practicing medical physics
8 without a license.
9 484.013(1)(c) 3rd Preparing or dispensing optical
10 devices without a prescription.
11 484.053 3rd Dispensing hearing aids without a
12 license.
13 494.0018(2) 1st Conviction of any violation of
14 ss. 494.001-494.0077 in which the
15 total money and property
16 unlawfully obtained exceeded
17 $50,000 and there were five or
18 more victims.
19 560.123(8)(b)1. 3rd Failure to report currency or
20 payment instruments exceeding
21 $300 but less than $20,000 by
22 money transmitter.
23 560.125(5)(a) 3rd Money transmitter business by
24 unauthorized person, currency or
25 payment instruments exceeding
26 $300 but less than $20,000.
27 655.50(10)(b)1. 3rd Failure to report financial
28 transactions exceeding $300 but
29 less than $20,000 by financial
30 institution.
31
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1 775.21(10)(a) 3rd Sexual predator; failure to
2 register; failure to renew
3 driver's license or
4 identification card; other
5 registration violations.
6 775.21(10)(b) 3rd Sexual predator working where
7 children regularly congregate.
8 775.21(10)(g) 3rd Failure to report or providing
9 false information about a sexual
10 predator; harbor or conceal a
11 sexual predator.
12 782.051(3) 2nd Attempted felony murder of a
13 person by a person other than the
14 perpetrator or the perpetrator of
15 an attempted felony.
16 782.07(1) 2nd Killing of a human being by the
17 act, procurement, or culpable
18 negligence of another
19 (manslaughter).
20 782.071 2nd Killing of human being or viable
21 fetus by the operation of a motor
22 vehicle in a reckless manner
23 (vehicular homicide).
24 782.072 2nd Killing of a human being by the
25 operation of a vessel in a
26 reckless manner (vessel
27 homicide).
28 784.045(1)(a)1. 2nd Aggravated battery; intentionally
29 causing great bodily harm or
30 disfigurement.
31
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1 784.045(1)(a)2. 2nd Aggravated battery; using deadly
2 weapon.
3 784.045(1)(b) 2nd Aggravated battery; perpetrator
4 aware victim pregnant.
5 784.048(4) 3rd Aggravated stalking; violation of
6 injunction or court order.
7 784.048(7) 3rd Aggravated stalking; violation of
8 court order.
9 784.07(2)(d) 1st Aggravated battery on law
10 enforcement officer.
11 784.074(1)(a) 1st Aggravated battery on sexually
12 violent predators facility staff.
13 784.08(2)(a) 1st Aggravated battery on a person 65
14 years of age or older.
15 784.081(1) 1st Aggravated battery on specified
16 official or employee.
17 784.082(1) 1st Aggravated battery by detained
18 person on visitor or other
19 detainee.
20 784.083(1) 1st Aggravated battery on code
21 inspector.
22 790.07(4) 1st Specified weapons violation
23 subsequent to previous conviction
24 of s. 790.07(1) or (2).
25 790.16(1) 1st Discharge of a machine gun under
26 specified circumstances.
27 790.165(2) 2nd Manufacture, sell, possess, or
28 deliver hoax bomb.
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1 790.165(3) 2nd Possessing, displaying, or
2 threatening to use any hoax bomb
3 while committing or attempting to
4 commit a felony.
5 790.166(3) 2nd Possessing, selling, using, or
6 attempting to use a hoax weapon
7 of mass destruction.
8 790.166(4) 2nd Possessing, displaying, or
9 threatening to use a hoax weapon
10 of mass destruction while
11 committing or attempting to
12 commit a felony.
13 796.03 2nd Procuring any person under 16
14 years for prostitution.
15 800.04(5)(c)1. 2nd Lewd or lascivious molestation;
16 victim less than 12 years of age;
17 offender less than 18 years.
18 800.04(5)(c)2. 2nd Lewd or lascivious molestation;
19 victim 12 years of age or older
20 but less than 16 years; offender
21 18 years or older.
22 806.01(2) 2nd Maliciously damage structure by
23 fire or explosive.
24 810.02(3)(a) 2nd Burglary of occupied dwelling;
25 unarmed; no assault or battery.
26 810.02(3)(b) 2nd Burglary of unoccupied dwelling;
27 unarmed; no assault or battery.
28 810.02(3)(d) 2nd Burglary of occupied conveyance;
29 unarmed; no assault or battery.
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1 812.014(2)(a)1. 1st Property stolen, valued at
2 $100,000 or more or a semitrailer
3 deployed by a law enforcement
4 officer; property stolen while
5 causing other property damage;
6 1st degree grand theft.
7 812.014(2)(b)2. 2nd Property stolen, cargo valued at
8 less than $50,000, grand theft in
9 2nd degree.
10 812.014(2)(b)3. 2nd Property stolen, emergency
11 medical equipment; 2nd degree
12 grand theft.
13 812.0145(2)(a) 1st Theft from person 65 years of age
14 or older; $50,000 or more.
15 812.019(2) 1st Stolen property; initiates,
16 organizes, plans, etc., the theft
17 of property and traffics in
18 stolen property.
19 812.131(2)(a) 2nd Robbery by sudden snatching.
20 812.133(2)(b) 1st Carjacking; no firearm, deadly
21 weapon, or other weapon.
22 817.234(8)(a) 2nd Solicitation of motor vehicle
23 accident victims with intent to
24 defraud.
25 817.234(9) 2nd Organizing, planning, or
26 participating in an intentional
27 motor vehicle collision.
28 817.234(11)(c) 1st Insurance fraud; property value
29 $100,000 or more.
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1 817.2341(2)(b)&
2 (3)(b) 1st Making false entries of material
3 fact or false statements
4 regarding property values
5 relating to the solvency of an
6 insuring entity which are a
7 significant cause of the
8 insolvency of that entity.
9 825.102(3)(b) 2nd Neglecting an elderly person or
10 disabled adult causing great
11 bodily harm, disability, or
12 disfigurement.
13 825.103(2)(b) 2nd Exploiting an elderly person or
14 disabled adult and property is
15 valued at $20,000 or more, but
16 less than $100,000.
17 827.03(3)(b) 2nd Neglect of a child causing great
18 bodily harm, disability, or
19 disfigurement.
20 827.04(3) 3rd Impregnation of a child under 16
21 years of age by person 21 years
22 of age or older.
23 837.05(2) 3rd Giving false information about
24 alleged capital felony to a law
25 enforcement officer.
26 838.015 2nd Bribery.
27 838.016 2nd Unlawful compensation or reward
28 for official behavior.
29 838.021(3)(a) 2nd Unlawful harm to a public
30 servant.
31 838.22 2nd Bid tampering.
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1 847.0135(3) 3rd Solicitation of a child, via a
2 computer service, to commit an
3 unlawful sex act.
4 872.06 2nd Abuse of a dead human body.
5 893.13(1)(c)1. 1st Sell, manufacture, or deliver
6 cocaine (or other drug prohibited
7 under s. 893.03(1)(a), (1)(b),
8 (1)(d), (2)(a), (2)(b), or
9 (2)(c)4.) within 1,000 feet of a
10 child care facility, school, or
11 state, county, or municipal park
12 or publicly owned recreational
13 facility or community center.
14 893.13(1)(e)1. 1st Sell, manufacture, or deliver
15 cocaine or other drug prohibited
16 under s. 893.03(1)(a), (1)(b),
17 (1)(d), (2)(a), (2)(b), or
18 (2)(c)4., within 1,000 feet of
19 property used for religious
20 services or a specified business
21 site.
22 893.13(4)(a) 1st Deliver to minor cocaine (or
23 other s. 893.03(1)(a), (1)(b),
24 (1)(d), (2)(a), (2)(b), or
25 (2)(c)4. drugs).
26 893.135(1)(a)1. 1st Trafficking in cannabis, more
27 than 25 lbs., less than 2,000
28 lbs.
29 893.135
30 (1)(b)1.a. 1st Trafficking in cocaine, more than
31 28 grams, less than 200 grams.
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1 893.135
2 (1)(c)1.a. 1st Trafficking in illegal drugs,
3 more than 4 grams, less than 14
4 grams.
5 893.135
6 (1)(d)1. 1st Trafficking in phencyclidine,
7 more than 28 grams, less than 200
8 grams.
9 893.135(1)(e)1. 1st Trafficking in methaqualone, more
10 than 200 grams, less than 5
11 kilograms.
12 893.135(1)(f)1. 1st Trafficking in amphetamine, more
13 than 14 grams, less than 28
14 grams.
15 893.135
16 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4
17 grams or more, less than 14
18 grams.
19 893.135
20 (1)(h)1.a. 1st Trafficking in
21 gamma-hydroxybutyric acid (GHB),
22 1 kilogram or more, less than 5
23 kilograms.
24 893.135
25 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1
26 kilogram or more, less than 5
27 kilograms.
28 893.135
29 (1)(k)2.a. 1st Trafficking in Phenethylamines,
30 10 grams or more, less than 200
31 grams.
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1 896.101(5)(a) 3rd Money laundering, financial
2 transactions exceeding $300 but
3 less than $20,000.
4 896.104(4)(a)1. 3rd Structuring transactions to evade
5 reporting or registration
6 requirements, financial
7 transactions exceeding $300 but
8 less than $20,000.
9 943.0435(4)(c) 2nd Sexual offender vacating
10 permanent residence; failure to
11 comply with reporting
12 requirements.
13 943.0435(8) 2nd Sexual offender; remains in state
14 after indicating intent to leave;
15 failure to comply with reporting
16 requirements.
17 943.0435(9)(a) 3rd Sexual offender; failure to
18 comply with reporting
19 requirements.
20 943.0435(13) 3rd Failure to report or providing
21 false information about a sexual
22 offender; harbor or conceal a
23 sexual offender.
24 943.0435(14) 3rd Sexual offender; failure to
25 report and reregister; failure to
26 respond to address verification.
27 944.607(9) 3rd Sexual offender; failure to
28 comply with reporting
29 requirements.
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1 944.607(10)(a) 3rd Sexual offender; failure to
2 submit to the taking of a
3 digitized photograph.
4 944.607(12) 3rd Failure to report or providing
5 false information about a sexual
6 offender; harbor or conceal a
7 sexual offender.
8 944.607(13) 3rd Sexual offender; failure to
9 report and reregister; failure to
10 respond to address verification.
11 985.4815(10) 3rd Sexual offender; failure to
12 submit to the taking of a
13 digitized photograph.
14 985.4815(12) 3rd Failure to report or providing
15 false information about a sexual
16 offender; harbor or conceal a
17 sexual offender.
18 985.4815(13) 3rd Sexual offender; failure to
19 report and reregister; failure to
20 respond to address verification.
21 Section 13. This act shall take effect July 1, 2007.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1604
3
4 - Specifies that certain offenses that do not involve
sexual activity are not qualifying offenses for sexual
5 offender registration.
6 - Adds some registration requirements to comply with the
federal Adam Walsh Act (P.L.109-248).
7
- Adds later implementation dates for some data provisions
8 to allow the Florida Department of Law Enforcement and
the Department of Juvenile Justice time to make necessary
9 changes to their databases.
10 - Ranks in Level 7 offenses relating to adjudicated
juveniles who are required to register and fail to do so
11 and the harboring of such juveniles who fail to register.
12 - Clarifies criteria for those juveniles adjudicated
delinquent of certain crimes who are required to register
13 as sexual offenders.
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