Senate Bill sb1604c1

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    Florida Senate - 2007                           CS for SB 1604

    By the Committee on Criminal Justice; and Senator Argenziano





    591-2134-07

  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

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    Florida Senate - 2007                           CS for SB 1604
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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

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    Florida Senate - 2007                           CS for SB 1604
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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.

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    Florida Senate - 2007                           CS for SB 1604
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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

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    Florida Senate - 2007                           CS for SB 1604
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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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    Florida Senate - 2007                           CS for SB 1604
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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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    Florida Senate - 2007                           CS for SB 1604
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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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    Florida Senate - 2007                           CS for SB 1604
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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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    Florida Senate - 2007                           CS for SB 1604
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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

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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

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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

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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

                                  24

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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

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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.

29  

30  

31  

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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.

30  

31  

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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.

30  

31  

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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.

30  

31  

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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.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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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.

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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