Senate Bill sb1604c2

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    Florida Senate - 2007                    CS for CS for SB 1604

    By the Committees on Judiciary; Criminal Justice; and Senator
    Argenziano




    590-2362-07

  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; requiring the

14         sexual predator to register in the county where

15         designated as a sexual predator; deleting

16         provisions allowing certain predators to have

17         predator designation removed after a specified

18         period; revising references to applicable

19         federal law; revising provisions relating to

20         verification of addresses; increasing frequency

21         of a reregistration requirement for a sexual

22         predator; providing specified immunity to the

23         Department of Juvenile Justice; amending s.

24         943.0435, F.S.; revising criteria for sexual

25         offender designation; providing conditions

26         under which juveniles are designated as sexual

27         offenders; requiring the court to make certain

28         written findings related to violations of

29         sexual offender qualifying offenses; revising

30         the definition of the term "conviction";

31         revising reporting requirements; revising

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 1         references to applicable federal law; revising

 2         provisions relating to verification of

 3         addresses; providing specified immunity to the

 4         Department of Juvenile Justice; revising

 5         provisions relating to petitions to allow

 6         certain offenders to remove the offender

 7         designation after a specified period;

 8         increasing frequency of reregistration

 9         requirement for certain sexual offenders;

10         creating s. 943.04354, F.S.; allowing certain

11         sexual predators and sexual offenders to

12         petition for the removal of the registration

13         requirement; providing that a court may grant

14         the petition if certain criteria are met and

15         removal of the registration requirement will

16         not conflict with federal law; creating s.

17         943.44353, F.S.; requiring development and

18         maintenance of a system to provide automatic

19         notification of registration information

20         regarding sexual predators and sexual offenders

21         to the public; amending s. 943.0515, F.S.;

22         requiring retention of records of minors

23         adjudicated delinquent of specified sexual

24         offenses; amending s. 944.606, F.S.; revising

25         criteria for designation as a sexual offender;

26         providing registration and notification duties

27         for a custodian of a local jail regarding

28         sexual offenders; amending s. 944.607, F.S.;

29         revising the definition of a sexual offender

30         for notification purposes; requiring a sexual

31         offender who is supervised by the Department of

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 1         Corrections but not incarcerated to register

 2         within a specified period; providing

 3         registration and notification duties for a

 4         custodian of a local jail regarding sexual

 5         offenders; providing specified immunity to the

 6         Department of Juvenile Justice; requiring more

 7         frequent reregistration for specified

 8         offenders; amending s. 985.04, F.S.; providing

 9         that specified sexual predator and offender

10         registration information is a public record;

11         amending s. 985.045, F.S.; conforming a

12         provision; creating s. 985.481, F.S.; providing

13         definitions; providing for notification upon

14         release of specified juvenile sexual offenders;

15         providing for availability of specified

16         information concerning such offenders;

17         providing immunity for specified officials;

18         creating s. 985.4815, F.S.; providing for

19         notification to the Department of Law

20         Enforcement concerning specified juvenile

21         sexual offenders; providing definitions;

22         providing duties of clerks of court; providing

23         registration requirements; requiring specified

24         information to be made available to the

25         Department of Law Enforcement; providing duties

26         of a custodian of a local jail; providing for

27         forwarding of information for specified

28         offenders under federal supervision; providing

29         penalties for failure to comply with

30         requirements; providing venue for prosecution

31         of specified offenses; providing for the effect

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 1         of certain actions; providing that registration

 2         following certain actions does not provide a

 3         defense to specified charges; providing

 4         immunity for specified agencies and persons for

 5         certain actions; prohibiting certain acts

 6         concerning offenders; providing criminal

 7         penalties; providing reporting requirements for

 8         offenders; amending s. 921.0022, F.S.; ranking

 9         within the offense severity ranking chart of

10         the Criminal Punishment Code certain offenses

11         relating to the registration requirements for

12         sexual offenders; providing an effective date.

13  

14  Be It Enacted by the Legislature of the State of Florida:

15  

16         Section 1.  Paragraphs (a) and (c) of subsection (4),

17  paragraphs (a), (b), (c), (e), and (l) of subsection (6),

18  subsections (8) and (9), and paragraph (b) of subsection (10)

19  of section 775.21, Florida Statutes, are amended to read:

20         775.21  The Florida Sexual Predators Act.--

21         (4)  SEXUAL PREDATOR CRITERIA.--

22         (a)  For a current offense committed on or after

23  October 1, 1993, upon conviction, an offender shall be

24  designated as a "sexual predator" under subsection (5), and

25  subject to registration under subsection (6) and community and

26  public notification under subsection (7) if:

27         1.  The felony is:

28         a.  A capital, life, or first-degree felony violation,

29  or any attempt thereof, of s. 787.01 or s. 787.02, where the

30  victim is a minor and the defendant is not the victim's parent

31  or guardian, or s. 794.011 of chapter 794, s. 800.04, or s.

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 1  847.0145, or a violation of a similar law of another

 2  jurisdiction; or

 3         b.  Any felony violation, or any attempt thereof, of s.

 4  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a

 5  minor and the defendant is not the victim's parent or

 6  guardian; s. 794.011 chapter 794, excluding s. ss.

 7  794.011(10); s. 794.05 and 794.0235; s. 796.03; s. 796.035; s.

 8  800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; or s.

 9  985.701(1); or a violation of a similar law of another

10  jurisdiction, and the offender has previously been convicted

11  of or found to have committed, or has pled nolo contendere or

12  guilty to, regardless of adjudication, any violation of s.

13  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a

14  minor and the defendant is not the victim's parent or

15  guardian; s. 794.011, excluding s. 794.011(10) s. 794.011(2),

16  (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.

17  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,

18  excluding s. 847.0135(4); s. 847.0145; or s. 985.701(1); or a

19  violation of a similar law of another jurisdiction;

20         2.  The offender has not received a pardon for any

21  felony or similar law of another jurisdiction that is

22  necessary for the operation of this paragraph; and

23         3.  A conviction of a felony or similar law of another

24  jurisdiction necessary to the operation of this paragraph has

25  not been set aside in any postconviction proceeding.

26         (c)  If an offender has been registered as a sexual

27  predator by the Department of Corrections, the department, or

28  any other law enforcement agency and if:

29         1.  The court did not, for whatever reason, make a

30  written finding at the time of sentencing that the offender

31  was a sexual predator; or

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 1         2.  The offender was administratively registered as a

 2  sexual predator because the Department of Corrections, the

 3  department, or any other law enforcement agency obtained

 4  information that indicated that the offender met the criteria

 5  for designation as a sexual predator based on a violation of a

 6  similar law in another jurisdiction,

 7  

 8  the department shall remove that offender from the

 9  department's list of sexual predators and, for an offender

10  described under subparagraph 1., shall notify the state

11  attorney who prosecuted the offense that met the criteria for

12  administrative designation as a sexual predator, and, for an

13  offender described under this paragraph subparagraph, shall

14  notify the state attorney of the county where the offender

15  establishes or maintains a permanent or temporary residence.

16  The state attorney shall bring the matter to the court's

17  attention in order to establish that the offender meets the

18  criteria for designation as a sexual predator. If the court

19  makes a written finding that the offender is a sexual

20  predator, the offender must be designated as a sexual

21  predator, must register or be registered as a sexual predator

22  with the department as provided in subsection (6), and is

23  subject to the community and public notification as provided

24  in subsection (7). If the court does not make a written

25  finding that the offender is a sexual predator, the offender

26  may not be designated as a sexual predator with respect to

27  that offense and is not required to register or be registered

28  as a sexual predator with the department.

29         (6)  REGISTRATION.--

30  

31  

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 1         (a)  A sexual predator must register with the

 2  department through the sheriff's office by providing the

 3  following information to the department:

 4         1.  Name, social security number, age, race, sex, date

 5  of birth, height, weight, hair and eye color, photograph,

 6  address of legal residence and address of any current

 7  temporary residence, within the state or out of state,

 8  including a rural route address and a post office box, date

 9  and place of any employment, date and place of each

10  conviction, fingerprints, and a brief description of the crime

11  or crimes committed by the offender. A post office box shall

12  not be provided in lieu of a physical residential address.

13         a.  If the sexual predator's place of residence is a

14  motor vehicle, trailer, mobile home, or manufactured home, as

15  defined in chapter 320, the sexual predator shall also provide

16  to the department written notice of the vehicle identification

17  number; the license tag number; the registration number; and a

18  description, including color scheme, of the motor vehicle,

19  trailer, mobile home, or manufactured home. If a sexual

20  predator's place of residence is a vessel, live-aboard vessel,

21  or houseboat, as defined in chapter 327, the sexual predator

22  shall also provide to the department written notice of the

23  hull identification number; the manufacturer's serial number;

24  the name of the vessel, live-aboard vessel, or houseboat; the

25  registration number; and a description, including color

26  scheme, of the vessel, live-aboard vessel, or houseboat.

27         b.  If the sexual predator is enrolled, employed, or

28  carrying on a vocation at an institution of higher education

29  in this state, the sexual predator shall also provide to the

30  department the name, address, and county of each institution,

31  including each campus attended, and the sexual predator's

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 1  enrollment or employment status. Each change in enrollment or

 2  employment status shall be reported in person at the sheriff's

 3  office, or the Department of Corrections if the sexual

 4  predator is in the custody or control of or under the

 5  supervision of the Department of Corrections, within 48 hours

 6  after any change in status. The sheriff or the Department of

 7  Corrections shall promptly notify each institution of the

 8  sexual predator's presence and any change in the sexual

 9  predator's enrollment or employment status.

10         2.  Any other information determined necessary by the

11  department, including criminal and corrections records;

12  nonprivileged personnel and treatment records; and evidentiary

13  genetic markers when available.

14         (b)  If the sexual predator is in the custody or

15  control of, or under the supervision of, the Department of

16  Corrections, or is in the custody of a private correctional

17  facility, the sexual predator must register with the

18  Department of Corrections. A sexual predator who is under the

19  supervision of the Department of Corrections but who is not

20  incarcerated must register with the Department of Corrections

21  within 3 business days after the court finds the offender to

22  be a sexual predator. The Department of Corrections shall

23  provide to the department registration information and the

24  location of, and local telephone number for, any Department of

25  Corrections office that is responsible for supervising the

26  sexual predator. In addition, the Department of Corrections

27  shall notify the department if the sexual predator escapes or

28  absconds from custody or supervision or if the sexual predator

29  dies.

30         (c)  If the sexual predator is in the custody of a

31  local jail, the custodian of the local jail shall register the

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 1  sexual predator within 3 business days after intake of the

 2  sexual predator for any reason and upon release, and shall

 3  forward the registration information to the department. The

 4  custodian of the local jail shall also take a digitized

 5  photograph of the sexual predator while the sexual predator

 6  remains in custody and shall provide the digitized photograph

 7  to the department. The custodian shall notify the department

 8  if the sexual predator escapes from custody or dies.

 9         (e)1.  If the sexual predator is not in the custody or

10  control of, or under the supervision of, the Department of

11  Corrections, or is not in the custody of a private

12  correctional facility, the sexual predator shall register in

13  person:

14         a.  At the sheriff's office in the county where he or

15  she establishes or maintains a residence within 48 hours after

16  establishing or maintaining a residence in this state; and

17         b.  At the sheriff's office in the county where he or

18  she was designated a sexual predator by the court within 48

19  hours after such finding is made.

20         2.  and establishes or maintains a residence in the

21  state, the sexual predator shall register in person at the

22  sheriff's office in the county in which the predator

23  establishes or maintains a residence, within 48 hours after

24  establishing permanent or temporary residence in this state.

25  Any change in the sexual predator's permanent or temporary

26  residence or name, after the sexual predator registers in

27  person at the sheriff's office as provided in subparagraph 1.,

28  shall be accomplished in the manner provided in paragraphs

29  (g), (i), and (j). When a sexual predator registers with the

30  sheriff's office, the sheriff shall take a photograph and a

31  set of fingerprints of the predator and forward the

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 1  photographs and fingerprints to the department, along with the

 2  information that the predator is required to provide pursuant

 3  to this section.

 4         (l)  A sexual predator must maintain registration with

 5  the department for the duration of his or her life, unless the

 6  sexual predator has received a full pardon or has had a

 7  conviction set aside in a postconviction proceeding for any

 8  offense that met the criteria for the sexual predator

 9  designation. However, a sexual predator who was designated as

10  a sexual predator by a court before October 1, 1998, and who

11  has been lawfully released from confinement, supervision, or

12  sanction, whichever is later, for at least 10 years and has

13  not been arrested for any felony or misdemeanor offense since

14  release, may petition the criminal division of the circuit

15  court in the circuit in which the sexual predator resides for

16  the purpose of removing the sexual predator designation. A

17  sexual predator who was designated a sexual predator by a

18  court on or after October 1, 1998, who has been lawfully

19  released from confinement, supervision, or sanction, whichever

20  is later, for at least 20 years, and who has not been arrested

21  for any felony or misdemeanor offense since release may

22  petition the criminal division of the circuit court in the

23  circuit in which the sexual predator resides for the purpose

24  of removing the sexual predator designation. A sexual predator

25  who was designated as a sexual predator by a court on or after

26  September 1, 2005, who has been lawfully released from

27  confinement, supervision, or sanction, whichever is later, for

28  at least 30 years, and who has not been arrested for any

29  felony or misdemeanor offense since release may petition the

30  criminal division of the circuit court in the circuit in which

31  the sexual predator resides for the purpose of removing the

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 1  sexual predator designation. The court may grant or deny such

 2  relief if the petitioner demonstrates to the court that he or

 3  she has not been arrested for any crime since release, the

 4  requested relief complies with the provisions of the federal

 5  Jacob Wetterling Act, as amended, and any other federal

 6  standards applicable to the removal of the designation as a

 7  sexual predator or required to be met as a condition for the

 8  receipt of federal funds by the state, and the court is

 9  otherwise satisfied that the petitioner is not a current or

10  potential threat to public safety. The state attorney in the

11  circuit in which the petition is filed must be given notice of

12  the petition at least 3 weeks before the hearing on the

13  matter. The state attorney may present evidence in opposition

14  to the requested relief or may otherwise demonstrate the

15  reasons why the petition should be denied. If the court denies

16  the petition, the court may set a future date at which the

17  sexual predator may again petition the court for relief,

18  subject to the standards for relief provided in this

19  paragraph. Unless specified in the order, a sexual predator

20  who is granted relief under this paragraph must comply with

21  the requirements for registration as a sexual offender and

22  other requirements provided under s. 943.0435 or s. 944.607.

23  If a petitioner obtains an order from the court that imposed

24  the order designating the petitioner as a sexual predator

25  which removes such designation, the petitioner shall forward a

26  certified copy of the written findings or order to the

27  department in order to have the sexual predator designation

28  removed from the sexual predator registry.

29  

30  The sheriff shall promptly provide to the department the

31  information received from the sexual predator.

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 1         (8)  VERIFICATION.--The department and the Department

 2  of Corrections shall implement a system for verifying the

 3  addresses of sexual predators. The system must be consistent

 4  with the provisions of the federal Adam Walsh Child Protection

 5  and Safety Act of 2006 Jacob Wetterling Act, as amended, and

 6  any other federal standards applicable to such verification or

 7  required to be met as a condition for the receipt of federal

 8  funds by the state. The Department of Corrections shall verify

 9  the addresses of sexual predators who are not incarcerated but

10  who reside in the community under the supervision of the

11  Department of Corrections and shall report to the department

12  any failure by a sexual predator to comply with registration

13  requirements. County and local law enforcement agencies, in

14  conjunction with the department, shall verify the addresses of

15  sexual predators who are not under the care, custody, control,

16  or supervision of the Department of Corrections. Local law

17  enforcement agencies shall report to the department any

18  failure by a sexual predator to comply with registration

19  requirements.

20         (a)  A sexual predator must report in person each year

21  during the month of the sexual predator's birthday and during

22  every third the sixth month thereafter following the sexual

23  predator's birth month to the sheriff's office in the county

24  in which he or she resides or is otherwise located to

25  reregister. The sheriff's office may determine the appropriate

26  times and days for reporting by the sexual predator, which

27  shall be consistent with the reporting requirements of this

28  paragraph. Reregistration shall include any changes to the

29  following information:

30         1.  Name; social security number; age; race; sex; date

31  of birth; height; weight; hair and eye color; address of any

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 1  permanent residence and address of any current temporary

 2  residence, within the state or out of state, including a rural

 3  route address and a post office box; date and place of any

 4  employment; vehicle make, model, color, and license tag

 5  number; fingerprints; and photograph. A post office box shall

 6  not be provided in lieu of a physical residential address.

 7         2.  If the sexual predator is enrolled, employed, or

 8  carrying on a vocation at an institution of higher education

 9  in this state, the sexual predator shall also provide to the

10  department the name, address, and county of each institution,

11  including each campus attended, and the sexual predator's

12  enrollment or employment status.

13         3.  If the sexual predator's place of residence is a

14  motor vehicle, trailer, mobile home, or manufactured home, as

15  defined in chapter 320, the sexual predator shall also provide

16  the vehicle identification number; the license tag number; the

17  registration number; and a description, including color

18  scheme, of the motor vehicle, trailer, mobile home, or

19  manufactured home. If the sexual predator's place of residence

20  is a vessel, live-aboard vessel, or houseboat, as defined in

21  chapter 327, the sexual predator shall also provide the hull

22  identification number; the manufacturer's serial number; the

23  name of the vessel, live-aboard vessel, or houseboat; the

24  registration number; and a description, including color

25  scheme, of the vessel, live-aboard vessel, or houseboat.

26         (b)  The sheriff's office shall, within 2 working days,

27  electronically submit and update all information provided by

28  the sexual predator to the department in a manner prescribed

29  by the department. This procedure shall be implemented by

30  December 1, 2005.

31  

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 1         (9)  IMMUNITY.--The department, the Department of

 2  Highway Safety and Motor Vehicles, the Department of

 3  Corrections, the Department of Juvenile Justice, any law

 4  enforcement agency in this state, and the personnel of those

 5  departments; an elected or appointed official, public

 6  employee, or school administrator; or an employee, agency, or

 7  any individual or entity acting at the request or upon the

 8  direction of any law enforcement agency is immune from civil

 9  liability for damages for good faith compliance with the

10  requirements of this section or for the release of information

11  under this section, and shall be presumed to have acted in

12  good faith in compiling, recording, reporting, or releasing

13  the information. The presumption of good faith is not overcome

14  if a technical or clerical error is made by the department,

15  the Department of Highway Safety and Motor Vehicles, the

16  Department of Corrections, the Department of Juvenile Justice,

17  the personnel of those departments, or any individual or

18  entity acting at the request or upon the direction of any of

19  those departments in compiling or providing information, or if

20  information is incomplete or incorrect because a sexual

21  predator fails to report or falsely reports his or her current

22  place of permanent or temporary residence.

23         (10)  PENALTIES.--

24         (b)  A sexual predator who has been convicted of or

25  found to have committed, or has pled nolo contendere or guilty

26  to, regardless of adjudication, any violation, or attempted

27  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where

28  the victim is a minor and the defendant is not the victim's

29  parent or guardian; s. 794.011, excluding s. 794.011(10) s.

30  794.011(2), (3), (4), (5), or (8); s. 794.05; s. 796.03; s.

31  796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0145; or

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 1  s. 985.701(1); or a violation of a similar law of another

 2  jurisdiction when the victim of the offense was a minor, and

 3  who works, whether for compensation or as a volunteer, at any

 4  business, school, day care center, park, playground, or other

 5  place where children regularly congregate, commits a felony of

 6  the third degree, punishable as provided in s. 775.082, s.

 7  775.083, or s. 775.084.

 8         Section 2.  Paragraphs (a) and (b) of subsection (1)

 9  and subsections (2), (6), (10), (11), and (14) of section

10  943.0435, Florida Statutes, are amended to read:

11         943.0435  Sexual offenders required to register with

12  the department; penalty.--

13         (1)  As used in this section, the term:

14         (a)1.  "Sexual offender" means a person who meets the

15  criteria in sub-subparagraph a., sub-subparagraph b.,

16  sub-subparagraph c., or sub-subparagraph d. subparagraph 1.,

17  subparagraph 2., or subparagraph 3., as follows:

18         a.(I)1.a.  Has been convicted of committing, or

19  attempting, soliciting, or conspiring to commit, any of the

20  criminal offenses proscribed in the following statutes in this

21  state or similar offenses in another jurisdiction: s. 787.01,

22  s. 787.02, or s. 787.025(2)(c), where the victim is a minor

23  and the defendant is not the victim's parent or guardian; s.

24  794.011 chapter 794, excluding s. ss. 794.011(10); s. 794.05

25  and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. 825.1025;

26  s. 827.071; s. 847.0133; s. 847.0135, excluding s.

27  847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.

28  985.701(1); or any similar offense committed in this state

29  which has been redesignated from a former statute number to

30  one of those listed in this sub-sub-subparagraph

31  sub-subparagraph; and

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 1         (II)b.  Has been released on or after October 1, 1997,

 2  from the sanction imposed for any conviction of an offense

 3  described in sub-sub-subparagraph (I) sub-subparagraph a. For

 4  purposes of sub-sub-subparagraph (I) sub-subparagraph a., a

 5  sanction imposed in this state or in any other jurisdiction

 6  includes, but is not limited to, a fine, probation, community

 7  control, parole, conditional release, control release, or

 8  incarceration in a state prison, federal prison, private

 9  correctional facility, or local detention facility;

10         b.2.  Establishes or maintains a residence in this

11  state and who has not been designated as a sexual predator by

12  a court of this state but who has been designated as a sexual

13  predator, as a sexually violent predator, or by another sexual

14  offender designation in another state or jurisdiction and was,

15  as a result of such designation, subjected to registration or

16  community or public notification, or both, or would be if the

17  person were a resident of that state or jurisdiction, without

18  regard to whether the person otherwise meets the criteria for

19  registration as a sexual offender; or

20         c.3.  Establishes or maintains a residence in this

21  state who is in the custody or control of, or under the

22  supervision of, any other state or jurisdiction as a result of

23  a conviction for committing, or attempting, soliciting, or

24  conspiring to commit, any of the criminal offenses proscribed

25  in the following statutes or similar offense in another

26  jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where

27  the victim is a minor and the defendant is not the victim's

28  parent or guardian; s. 794.011 chapter 794, excluding s. ss.

29  794.011(10); s. 794.075 and 794.0235; s. 796.03; s. 796.035;

30  s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,

31  excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s.

                                  16

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 1  847.0145; or s. 985.701(1); or any similar offense committed

 2  in this state which has been redesignated from a former

 3  statute number to one of those listed in this

 4  sub-subparagraph; or subparagraph.

 5         d.  On or after July 1, 2007, has been adjudicated

 6  delinquent for committing, or attempting, soliciting, or

 7  conspiring to commit, any of the criminal offenses proscribed

 8  in the following statutes in this state or similar offenses in

 9  another jurisdiction when the juvenile was 14 years of age or

10  older at the time of the offense:

11         (I)  Section 794.011, excluding s. 794.011(10);

12         (II)  Section 800.04(4)(b) where the victim is under 12

13  years of age or where the court finds sexual activity by the

14  use of force or coercion;

15         (III)  Section 800.04(5)(c)1. where the court finds

16  molestation involving unclothed genitals; or

17         (IV)  Section 800.04(5)(d) where the court finds the

18  use of force or coercion and unclothed genitals.

19         2.  For all qualifying offenses listed in

20  sub-subparagraph 1.d., the court shall make a written finding

21  of the age of the offender at the time of the offense.

22  

23  For each violation of a qualifying offense listed in this

24  subsection, the court shall make a written finding of the age

25  of the victim at the time of the offense. For a violation of

26  s. 800.04(4), the court shall additionally make a written

27  finding indicating that the offense did or did not involve

28  sexual activity and indicating that the offense did or did not

29  involve force or coercion. For a violation of s. 800.04(5),

30  the court shall additionally make a written finding that the

31  offense did or did not involve unclothed genitals or genital

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 1  area and that the offense did or did not involve the use of

 2  force or coercion.

 3         (b)  "Convicted" means that there has been a

 4  determination of guilt as a result of a trial or the entry of

 5  a plea of guilty or nolo contendere, regardless of whether

 6  adjudication is withheld, and includes an adjudication of

 7  delinquency of a juvenile as specified in this section.

 8  Conviction of a similar offense includes, but is not limited

 9  to, a conviction by a federal or military tribunal, including

10  courts-martial conducted by the Armed Forces of the United

11  States, and includes a conviction or entry of a plea of guilty

12  or nolo contendere resulting in a sanction in any state of the

13  United States or other jurisdiction. A sanction includes, but

14  is not limited to, a fine, probation, community control,

15  parole, conditional release, control release, or incarceration

16  in a state prison, federal prison, private correctional

17  facility, or local detention facility.

18         (2)  A sexual offender shall:

19         (a)  Report in person at the sheriff's office:

20         1.  In the county in which the offender establishes or

21  maintains a permanent or temporary residence, within 48 hours

22  after:

23         a.  Establishing permanent or temporary residence in

24  this state; or within 48 hours after

25         b.  Being released from the custody, control, or

26  supervision of the Department of Corrections or from the

27  custody of a private correctional facility; or.

28         2.  In the county where he or she was convicted within

29  48 hours after being convicted for a qualifying offense for

30  registration under this section if the offender is not in the

31  custody or control of, or under the supervision of, the

                                  18

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 1  Department of Corrections, or is not in the custody of a

 2  private correctional facility.

 3  

 4  Any change in the sexual offender's permanent or temporary

 5  residence or name, after the sexual offender reports in person

 6  at the sheriff's office, shall be accomplished in the manner

 7  provided in subsections (4), (7), and (8).

 8         (b)  Provide his or her name, date of birth, social

 9  security number, race, sex, height, weight, hair and eye

10  color, tattoos or other identifying marks, occupation and

11  place of employment, address of permanent or legal residence

12  or address of any current temporary residence, within the

13  state and out of state, including a rural route address and a

14  post office box, date and place of each conviction, and a

15  brief description of the crime or crimes committed by the

16  offender. A post office box shall not be provided in lieu of a

17  physical residential address.

18         1.  If the sexual offender's place of residence is a

19  motor vehicle, trailer, mobile home, or manufactured home, as

20  defined in chapter 320, the sexual offender shall also provide

21  to the department through the sheriff's office written notice

22  of the vehicle identification number; the license tag number;

23  the registration number; and a description, including color

24  scheme, of the motor vehicle, trailer, mobile home, or

25  manufactured home. If the sexual offender's place of residence

26  is a vessel, live-aboard vessel, or houseboat, as defined in

27  chapter 327, the sexual offender shall also provide to the

28  department written notice of the hull identification number;

29  the manufacturer's serial number; the name of the vessel,

30  live-aboard vessel, or houseboat; the registration number; and

31  

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 1  a description, including color scheme, of the vessel,

 2  live-aboard vessel, or houseboat.

 3         2.  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 also provide to the

 6  department through the sheriff's office the name, address, and

 7  county of each institution, including each campus attended,

 8  and the sexual offender's enrollment or employment status.

 9  Each change in enrollment or employment status shall be

10  reported in person at the sheriff's office, within 48 hours

11  after any change in status. The sheriff shall promptly notify

12  each institution of the sexual offender's presence and any

13  change in the sexual offender's enrollment or employment

14  status.

15  

16  When a sexual offender reports at the sheriff's office, the

17  sheriff shall take a photograph and a set of fingerprints of

18  the offender and forward the photographs and fingerprints to

19  the department, along with the information provided by the

20  sexual offender. The sheriff shall promptly provide to the

21  department the information received from the sexual offender.

22         (6)  County and local law enforcement agencies, in

23  conjunction with the department, shall verify the addresses of

24  sexual offenders who are not under the care, custody, control,

25  or supervision of the Department of Corrections in a manner

26  that is consistent with the provisions of the federal Adam

27  Walsh Child Protection and Safety Act of 2006 Jacob Wetterling

28  Act, as amended, and any other federal standards applicable to

29  such verification or required to be met as a condition for the

30  receipt of federal funds by the state. Local law enforcement

31  

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 1  agencies shall report to the department any failure by a

 2  sexual offender to comply with registration requirements.

 3         (10)  The department, the Department of Highway Safety

 4  and Motor Vehicles, the Department of Corrections, the

 5  Department of Juvenile Justice, any law enforcement agency in

 6  this state, and the personnel of those departments; an elected

 7  or appointed official, public employee, or school

 8  administrator; or an employee, agency, or any individual or

 9  entity acting at the request or upon the direction of any law

10  enforcement agency is immune from civil liability for damages

11  for good faith compliance with the requirements of this

12  section or for the release of information under this section,

13  and shall be presumed to have acted in good faith in

14  compiling, recording, reporting, or releasing the information.

15  The presumption of good faith is not overcome if a technical

16  or clerical error is made by the department, the Department of

17  Highway Safety and Motor Vehicles, the Department of

18  Corrections, the Department of Juvenile Justice, the personnel

19  of those departments, or any individual or entity acting at

20  the request or upon the direction of any of those departments

21  in compiling or providing information, or if information is

22  incomplete or incorrect because a sexual offender fails to

23  report or falsely reports his or her current place of

24  permanent or temporary residence.

25         (11)  Except as provided in s. 943.04354, a sexual

26  offender must maintain registration with the department for

27  the duration of his or her life, unless the sexual offender

28  has received a full pardon or has had a conviction set aside

29  in a postconviction proceeding for any offense that meets the

30  criteria for classifying the person as a sexual offender for

31  purposes of registration. However, a sexual offender:

                                  21

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 1         (a)1.  Who has been lawfully released from confinement,

 2  supervision, or sanction, whichever is later, for at least 25

 3  20 years and has not been arrested for any felony or

 4  misdemeanor offense since release, provided that the sexual

 5  offender's requirement to register was not based upon an adult

 6  conviction:

 7         a.  For a violation of s. 787.01 or s. 787.02;

 8         b.  For a violation of s. 794.011, excluding s.

 9  794.011(10);

10         c.  For a violation of s. 800.04(4)(b) where the court

11  finds the offense involved a victim under 12 years of age or

12  sexual activity by the use of force or coercion;

13         d.  For a violation of s. 800.04(5)(b);

14         e.  For a violation of s. 800.04(5)c.2. where the court

15  finds the offense involved unclothed genitals or genital area;

16         f.  For any attempt or conspiracy to commit any such

17  offense; or

18         g.  For a violation of similar law of another

19  jurisdiction,; or

20         (b)  Who was 18 years of age or under at the time the

21  offense was committed and the victim was 12 years of age or

22  older and adjudication was withheld for that offense, who is

23  released from all sanctions, who has had 10 years elapse since

24  having been placed on probation, and who has not been arrested

25  for any felony or misdemeanor offense since the date of

26  conviction of the qualifying offense

27  

28  may petition the criminal division of the circuit court of the

29  circuit in which the sexual offender resides for the purpose

30  of removing the requirement for registration as a sexual

31  offender.

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 1         2.  The court may grant or deny such relief if the

 2  offender demonstrates to the court that he or she has not been

 3  arrested for any crime since release; the requested relief

 4  complies with the provisions of the federal Adam Walsh Child

 5  Protection and Safety Act of 2006 Jacob Wetterling Act, as

 6  amended, and any other federal standards applicable to the

 7  removal of registration requirements for a sexual offender or

 8  required to be met as a condition for the receipt of federal

 9  funds by the state; and the court is otherwise satisfied that

10  the offender is not a current or potential threat to public

11  safety. The state attorney in the circuit in which the

12  petition is filed must be given notice of the petition at

13  least 3 weeks before the hearing on the matter. The state

14  attorney may present evidence in opposition to the requested

15  relief or may otherwise demonstrate the reasons why the

16  petition should be denied. If the court denies the petition,

17  the court may set a future date at which the sexual offender

18  may again petition the court for relief, subject to the

19  standards for relief provided in this subsection.

20         3.  The department shall remove an offender from

21  classification as a sexual offender for purposes of

22  registration if the offender provides to the department a

23  certified copy of the court's written findings or order that

24  indicates that the offender is no longer required to comply

25  with the requirements for registration as a sexual offender.

26         (b)(c)  As defined in sub-subparagraph (1)(a)1.b.

27  subparagraph (1)(a)2. must maintain registration with the

28  department for the duration of his or her life until the

29  person provides the department with an order issued by the

30  court that designated the person as a sexual predator, as a

31  sexually violent predator, or by another sexual offender

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 1  designation in the state or jurisdiction in which the order

 2  was issued which states that such designation has been removed

 3  or demonstrates to the department that such designation, if

 4  not imposed by a court, has been removed by operation of law

 5  or court order in the state or jurisdiction in which the

 6  designation was made, and provided such person no longer meets

 7  the criteria for registration as a sexual offender under the

 8  laws of this state.

 9         (14)(a)  A sexual offender must report in person each

10  year during the month of the sexual offender's birthday and

11  during the sixth month following the sexual offender's birth

12  month to the sheriff's office in the county in which he or she

13  resides or is otherwise located to reregister.

14         (b)  However, a sexual offender who is required to

15  register as a result of a conviction for:

16         1.  Section 787.01 or s. 787.02 where the victim is a

17  minor and the offender is not the victim's parent or guardian;

18         2.  Section 794.011, excluding s. 794.011(10);

19         3.  Section 800.04(4)(b) where the court finds the

20  offense involved a victim under 12 years of age or sexual

21  activity by the use of force or coercion;

22         4.  Section 800.04(5)(b);

23         5.  Section 800.04(5)(c)1. where the court finds

24  molestation involving unclothed genitals or genital area;

25         6.  Section 800.04(5)c.2. where the court finds

26  molestation involving unclothed genitals or genital area;

27         7.  Section 800.04(5)(d) where the court finds the use

28  of force or coercion and unclothed genitals or genital area;

29         8.  Any attempt or conspiracy to commit such offense;

30  or

31  

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 1         9.  A violation of a similar law of another

 2  jurisdiction,

 3  

 4  must reregister each year during the month of the sexual

 5  offender's birthday and every third month thereafter.

 6         (c)  The sheriff's office may determine the appropriate

 7  times and days for reporting by the sexual offender, which

 8  shall be consistent with the reporting requirements of this

 9  subsection paragraph. Reregistration shall include any changes

10  to the following information:

11         1.  Name; social security number; age; race; sex; date

12  of birth; height; weight; hair and eye color; address of any

13  permanent residence and address of any current temporary

14  residence, within the state or out of state, including a rural

15  route address and a post office box; date and place of any

16  employment; vehicle make, model, color, and license tag

17  number; fingerprints; and photograph. A post office box shall

18  not be provided in lieu of a physical residential address.

19         2.  If the sexual offender is enrolled, employed, or

20  carrying on a vocation at an institution of higher education

21  in this state, the sexual offender shall also provide to the

22  department the name, address, and county of each institution,

23  including each campus attended, and the sexual offender's

24  enrollment or employment status.

25         3.  If the sexual offender's place of residence is a

26  motor vehicle, trailer, mobile home, or manufactured home, as

27  defined in chapter 320, the sexual offender shall also provide

28  the vehicle identification number; the license tag number; the

29  registration number; and a description, including color

30  scheme, of the motor vehicle, trailer, mobile home, or

31  manufactured home. If the sexual offender's place of residence

                                  25

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 1  is a vessel, live-aboard vessel, or houseboat, as defined in

 2  chapter 327, the sexual offender shall also provide the hull

 3  identification number; the manufacturer's serial number; the

 4  name of the vessel, live-aboard vessel, or houseboat; the

 5  registration number; and a description, including color

 6  scheme, of the vessel, live-aboard vessel or houseboat.

 7         4.  Any sexual offender who fails to report in person

 8  as required at the sheriff's office, or who fails to respond

 9  to any address verification correspondence from the department

10  within 3 weeks of the date of the correspondence, commits a

11  felony of the third degree, punishable as provided in s.

12  775.082, s. 775.083, or s. 775.084.

13         (d)(b)  The sheriff's office shall, within 2 working

14  days, electronically submit and update all information

15  provided by the sexual offender to the department in a manner

16  prescribed by the department. This procedure shall be

17  implemented by December 1, 2005.

18         Section 3.  Section 943.04354, Florida Statutes, is

19  created to read:

20         943.04354  Removal of the requirement to register as a

21  sexual offender or sexual predator in special circumstances.--

22         (1)  For purposes of this section, a person shall be

23  considered for removal of the requirement to register as a

24  sexual offender or sexual predator only if the person:

25         (a)  Was or will be convicted or adjudicated delinquent

26  of a violation of s. 794.011 or s. 800.04, or the person

27  committed a violation of s. 794.011 or s. 800.04 for which

28  adjudication of guilt was or will be withheld, and the person

29  does not have any other conviction, adjudication of

30  delinquency, or withhold of adjudication of guilt for a

31  violation of s. 794.011 or s. 800.04;

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 1         (b)  Is required to register as a sexual offender or

 2  sexual predator solely on the basis of this violation; and

 3         (c)  Is not more than 4 years older than the victim of

 4  this violation who was 14 years of age or older but not more

 5  than 17 years of age at the time the person committed this

 6  violation.

 7         (2)  If a person meets the criteria in subsection (1)

 8  and the violation of s. 794.011 or s. 800.04 was committed on

 9  or after July 1, 2007, the person may move the court that will

10  sentence or dispose of this violation to remove the

11  requirement that the person register as a sexual offender or

12  sexual predator. The person must allege in the motion that he

13  or she meets the criteria in subsection (1) and that removal

14  of the registration requirement will not conflict with federal

15  law. The state attorney must be given notice of the motion at

16  least 21 days before the date of sentencing or disposition of

17  this violation, and may present evidence in opposition to the

18  requested relief or may otherwise demonstrate why the motion

19  should be denied. At sentencing or disposition of this

20  violation, the court shall rule on this motion and, if the

21  court determines the person meets the criteria in subsection

22  (1) and the removal of the registration requirement will not

23  conflict with federal law, it may grant the motion and order

24  the removal of the registration requirement. If the court

25  denies the motion, the person is not authorized under this

26  section to petition for removal of the registration

27  requirement.

28         (3)(a)  This subsection applies to a person who:

29         1.  Is not a person described in subsection (2) because

30  the violation of s. 794.011 or s. 800.04 was not committed on

31  or after July 1, 2007;

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 1         2.  Is subject to registration as a sexual offender or

 2  sexual predator for a violation of s. 794.011 or s. 800.04;

 3  and

 4         3.  Meets the criteria in subsection (1).

 5         (b)  A person may petition the court in which the

 6  sentence or disposition for the violation of s. 794.011 or s.

 7  800.04 occurred for removal of the requirement to register as

 8  a sexual offender or sexual predator. The person must allege

 9  in the petition that he or she meets the criteria in

10  subsection (1) and removal of the registration requirement

11  will not conflict with federal law. The state attorney must be

12  given notice of the petition at least 21 days before the

13  hearing on the petition and, may present evidence in

14  opposition to the requested relief or may otherwise

15  demonstrate why the petition should be denied. The court shall

16  rule on the petition and, if the court determines the person

17  meets the criteria in subsection (1) and removal of the

18  registration requirement will not conflict with federal law,

19  it may grant the petition and order the removal of the

20  registration requirement. If the court denies the petition,

21  the person is not authorized under this section to file any

22  further petition for removal of the registration requirement.

23         (4)  If a person provides to the Department of Law

24  Enforcement a certified copy of the court's order removing the

25  requirement that the person register as a sexual offender or

26  sexual predator for the violation of s. 794.011 or s. 800.04,

27  the registration requirement will not apply to the person and

28  the department shall remove all information about the person

29  from the public registry of sexual offenders and sexual

30  predators maintained by the department. However, the removal

31  of this information from the public registry does not mean

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 1  that the public is denied access to information about the

 2  person's criminal history or record that is otherwise

 3  available as a public record.

 4         Section 4.  Section 943.44353, Florida Statutes, is

 5  created to read:

 6         943.44353  Automatic notification of registration

 7  information regarding sexual predators and offenders.--

 8         (1)  No later than January 1, 2008, the department

 9  shall develop and maintain a system to provide automatic

10  notification of registration information regarding sexual

11  predators and sexual offenders to the public.

12         (2)  In accordance with the federal Adam Walsh Child

13  Protection and Safety Act of 2006, schools, public housing

14  agencies, agencies responsible for conducting

15  employment-related background checks under s. 3 of the

16  National Child Protection Act of 1993, 42 U.S.C. s. 5119a, as

17  amended, social service entities responsible for protecting

18  minors in the child welfare system, volunteer organizations in

19  which contact with minors or other vulnerable individuals

20  might occur, and any other such organization, company, or

21  individual shall have access to the notification system.

22         Section 5.  Subsection (3) is added to section

23  943.0515, Florida Statutes, to read:

24         943.0515  Retention of criminal history records of

25  minors.--

26         (3)  Notwithstanding any other provision of this

27  section, the Criminal Justice Information Program shall retain

28  the criminal history record of a minor adjudicated delinquent

29  for a violation committed on or after July 1, 2007, as

30  provided in s. 943.0435(1)(d)1.d. Such records may not be

31  destroyed and must be merged with the person's adult criminal

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 1  history record and retained as a part of the person's adult

 2  record.

 3         Section 6.  Paragraph (b) of subsection (1) and

 4  paragraph (a) of subsection (3) of section 944.606, Florida

 5  Statutes, are amended to read:

 6         944.606  Sexual offenders; notification upon release.--

 7         (1)  As used in this section:

 8         (b)  "Sexual offender" means a person who has been

 9  convicted of committing, or attempting, soliciting, or

10  conspiring to commit, any of the criminal offenses proscribed

11  in the following statutes in this state or similar offenses in

12  another jurisdiction: s. 787.01, s. 787.02, or s.

13  787.025(2)(c), where the victim is a minor and the defendant

14  is not the victim's parent or guardian; s. 794.011 chapter

15  794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s.

16  796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.

17  847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137;

18  s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar

19  offense committed in this state which has been redesignated

20  from a former statute number to one of those listed in this

21  subsection, when the department has received verified

22  information regarding such conviction; an offender's

23  computerized criminal history record is not, in and of itself,

24  verified information.

25         (3)(a)  The department must provide information

26  regarding any sexual offender who is being released after

27  serving a period of incarceration for any offense, as follows:

28         1.  The department must provide: the sexual offender's

29  name, any change in the offender's name by reason of marriage

30  or other legal process, and any alias, if known; the

31  correctional facility from which the sexual offender is

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 1  released; the sexual offender's social security number, race,

 2  sex, date of birth, height, weight, and hair and eye color;

 3  date and county of sentence and each crime for which the

 4  offender was sentenced; a copy of the offender's fingerprints

 5  and a digitized photograph taken within 60 days before

 6  release; the date of release of the sexual offender; and the

 7  offender's intended residence address, if known. The

 8  department shall notify the Department of Law Enforcement if

 9  the sexual offender escapes, absconds, or dies. If the sexual

10  offender is in the custody of a private correctional facility,

11  the facility shall take the digitized photograph of the sexual

12  offender within 60 days before the sexual offender's release

13  and provide this photograph to the Department of Corrections

14  and also place it in the sexual offender's file. If the sexual

15  offender is in the custody of a local jail, the custodian of

16  the local jail shall register the offender within 3 business

17  days after intake of the offender for any reason and upon

18  release, and shall notify the Department of Law Enforcement of

19  the sexual offender's release and provide to the Department of

20  Law Enforcement the information specified in this paragraph

21  and any information specified in subparagraph 2. that the

22  Department of Law Enforcement requests.

23         2.  The department may provide any other information

24  deemed necessary, including criminal and corrections records,

25  nonprivileged personnel and treatment records, when available.

26         Section 7.  Paragraph (a) of subsection (1) and

27  subsections (4), (7), (11), and (13) of section 944.607,

28  Florida Statutes, are amended to read:

29         944.607  Notification to Department of Law Enforcement

30  of information on sexual offenders.--

31         (1)  As used in this section, the term:

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 1         (a)  "Sexual offender" means a person who is in the

 2  custody or control of, or under the supervision of, the

 3  department or is in the custody of a private correctional

 4  facility:

 5         1.  On or after October 1, 1997, as a result of a

 6  conviction for committing, or attempting, soliciting, or

 7  conspiring to commit, any of the criminal offenses proscribed

 8  in the following statutes in this state or similar offenses in

 9  another jurisdiction: s. 787.01, s. 787.02, or s.

10  787.025(2)(c), where the victim is a minor and the defendant

11  is not the victim's parent or guardian; s. 794.011 chapter

12  794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s.

13  796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.

14  847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137;

15  s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar

16  offense committed in this state which has been redesignated

17  from a former statute number to one of those listed in this

18  paragraph; or

19         2.  Who establishes or maintains a residence in this

20  state and who has not been designated as a sexual predator by

21  a court of this state but who has been designated as a sexual

22  predator, as a sexually violent predator, or by another sexual

23  offender designation in another state or jurisdiction and was,

24  as a result of such designation, subjected to registration or

25  community or public notification, or both, or would be if the

26  person were a resident of that state or jurisdiction, without

27  regard as to whether the person otherwise meets the criteria

28  for registration as a sexual offender.

29         (4)  A sexual offender, as described in this section,

30  who is under the supervision of the Department of Corrections

31  but is not incarcerated must register with the Department of

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 1  Corrections within 3 business days after sentencing for a

 2  registerable offense and otherwise provide information as

 3  required by this subsection.

 4         (a)  The sexual offender shall provide his or her name;

 5  date of birth; social security number; race; sex; height;

 6  weight; hair and eye color; tattoos or other identifying

 7  marks; and permanent or legal residence and address of

 8  temporary residence within the state or out of state while the

 9  sexual offender is under supervision in this state, including

10  any rural route address or post office box. The Department of

11  Corrections shall verify the address of each sexual offender

12  in the manner described in ss. 775.21 and 943.0435. The

13  department shall report to the Department of Law Enforcement

14  any failure by a sexual predator or sexual offender to comply

15  with registration requirements.

16         (b)  If the sexual offender is enrolled, employed, or

17  carrying on a vocation at an institution of higher education

18  in this state, the sexual offender shall provide the name,

19  address, and county of each institution, including each campus

20  attended, and the sexual offender's enrollment or employment

21  status. Each change in enrollment or employment status shall

22  be reported to the department within 48 hours after the change

23  in status. The Department of Corrections shall promptly notify

24  each institution of the sexual offender's presence and any

25  change in the sexual offender's enrollment or employment

26  status.

27         (7)  If the sexual offender is in the custody of a

28  local jail, the custodian of the local jail shall register the

29  offender within 3 business days after intake of the offender

30  for any reason and upon release, and shall forward the

31  information to the Department of Law Enforcement. The

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 1  custodian of the local jail shall also take a digitized

 2  photograph of the sexual offender while the offender remains

 3  in custody and shall provide the digitized photograph to the

 4  Department of Law Enforcement.

 5         (11)  The department, the Department of Highway Safety

 6  and Motor Vehicles, the Department of Law Enforcement, the

 7  Department of Corrections, the Department of Juvenile Justice,

 8  personnel of those departments, and any individual or entity

 9  acting at the request or upon the direction of those

10  departments are immune from civil liability for damages for

11  good faith compliance with this section, and shall be presumed

12  to have acted in good faith in compiling, recording,

13  reporting, or providing information. The presumption of good

14  faith is not overcome if technical or clerical errors are made

15  by the department, the Department of Highway Safety and Motor

16  Vehicles, the Department of Law Enforcement, the Department of

17  Juvenile Justice, personnel of those departments, or any

18  individual or entity acting at the request or upon the

19  direction of those departments in compiling, recording,

20  reporting, or providing information, or, if the information is

21  incomplete or incorrect because the information has not been

22  provided by a person or agency required to provide the

23  information, or because the information was not reported or

24  was falsely reported.

25         (13)(a)  A sexual offender must report in person each

26  year during the month of the sexual offender's birthday and

27  during the sixth month following the sexual offender's birth

28  month to the sheriff's office in the county in which he or she

29  resides or is otherwise located to reregister.

30         (b)  However, a sexual offender who is required to

31  register as a result of a conviction for:

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 1         1.  Section 787.01 or s. 787.02 where the victim is a

 2  minor and the offender is not the victim's parent or guardian;

 3         2.  Section 794.011, excluding s. 794.011(10);

 4         3.  Section 800.04(4)(b) where the victim is under 12

 5  years of age or where the court finds sexual activity by the

 6  use of force or coercion;

 7         4.  Section 800.04(5)(b);

 8         5.  Section 800.04(5)(c)1. where the court finds

 9  molestation involving unclothed genitals or genital area;

10         6.  Section 800.04(5)c.2. where the court finds

11  molestation involving unclothed genitals or genital area;

12         7.  Section 800.04(5)(d) where the court finds the use

13  of force or coercion and unclothed genitals or genital area;

14         8.  Any attempt or conspiracy to commit such offense;

15  or

16         9.  A violation of a similar law of another

17  jurisdiction,

18  

19  must reregister each year during the month of the sexual

20  offender's birthday and every third month thereafter.

21         (c)  The sheriff's office may determine the appropriate

22  times and days for reporting by the sexual offender, which

23  shall be consistent with the reporting requirements of this

24  subsection paragraph. Reregistration shall include any changes

25  to the following information:

26         1.  Name; social security number; age; race; sex; date

27  of birth; height; weight; hair and eye color; address of any

28  permanent residence and address of any current temporary

29  residence, within the state or out of state, including a rural

30  route address and a post office box; date and place of any

31  employment; vehicle make, model, color, and license tag

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 1  number; fingerprints; and photograph. A post office box shall

 2  not be provided in lieu of a physical residential address.

 3         2.  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 also provide to the

 6  department the name, address, and county of each institution,

 7  including each campus attended, and the sexual offender's

 8  enrollment or employment status.

 9         3.  If the sexual offender's place of residence is a

10  motor vehicle, trailer, mobile home, or manufactured home, as

11  defined in chapter 320, the sexual offender shall also provide

12  the vehicle identification number; the license tag number; the

13  registration number; and a description, including color

14  scheme, of the motor vehicle, trailer, mobile home, or

15  manufactured home. If the sexual offender's place of residence

16  is a vessel, live-aboard vessel, or houseboat, as defined in

17  chapter 327, the sexual offender shall also provide the hull

18  identification number; the manufacturer's serial number; the

19  name of the vessel, live-aboard vessel, or houseboat; the

20  registration number; and a description, including color

21  scheme, of the vessel, live-aboard vessel or houseboat.

22         4.  Any sexual offender who fails to report in person

23  as required at the sheriff's office, or who fails to respond

24  to any address verification correspondence from the department

25  within 3 weeks of the date of the correspondence, commits a

26  felony of the third degree, punishable as provided in s.

27  775.082, s. 775.083, or s. 775.084.

28         (d)(b)  The sheriff's office shall, within 2 working

29  days, electronically submit and update all information

30  provided by the sexual offender to the Florida Department of

31  Law Enforcement in a manner prescribed by the Florida

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 1  Department of Law Enforcement. This procedure shall be

 2  implemented by December 1, 2005.

 3         Section 8.  Subsection (6) of section 985.04, Florida

 4  Statutes, is amended to read:

 5         985.04  Oaths; records; confidential information.--

 6         (6)(a)  Records maintained by the department, including

 7  copies of records maintained by the court, which pertain to a

 8  child found to have committed a delinquent act which, if

 9  committed by an adult, would be a crime specified in ss.

10  435.03 and 435.04 may not be destroyed under this section for

11  a period of 25 years after the youth's final referral to the

12  department, except in cases of the death of the child. Such

13  records, however, shall be sealed by the court for use only in

14  meeting the screening requirements for personnel in s.

15  402.3055 and the other sections cited above, or under

16  departmental rule; however, current criminal history

17  information must be obtained from the Department of Law

18  Enforcement in accordance with s. 943.053. The information

19  shall be released to those persons specified in the above

20  cited sections for the purposes of complying with those

21  sections. The court may punish by contempt any person who

22  releases or uses the records for any unauthorized purpose.

23         (b)  Sexual offender and predator registration

24  information as required in ss. 775.21, 943.0435, 944.606,

25  944.607, 985.481, and 985.4815 is a public record pursuant to

26  s. 119.07(1) and as otherwise provided by law.

27         Section 9.  Subsection (2) of section 985.045, Florida

28  Statutes, is amended to read:

29         985.045  Court records.--

30         (2)  The clerk shall keep all official records required

31  by this section separate from other records of the circuit

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 1  court, except those records pertaining to motor vehicle

 2  violations, which shall be forwarded to the Department of

 3  Highway Safety and Motor Vehicles. Except as provided in ss.

 4  943.053, 985.04(6)(b), and 985.04(7), official records

 5  required by this chapter are not open to inspection by the

 6  public, but may be inspected only upon order of the court by

 7  persons deemed by the court to have a proper interest therein,

 8  except that a child and the parents, guardians, or legal

 9  custodians of the child and their attorneys, law enforcement

10  agencies, the Department of Juvenile Justice and its

11  designees, the Parole Commission, the Department of

12  Corrections, and the Justice Administrative Commission shall

13  always have the right to inspect and copy any official record

14  pertaining to the child. The court may permit authorized

15  representatives of recognized organizations compiling

16  statistics for proper purposes to inspect, and make abstracts

17  from, official records under whatever conditions upon the use

18  and disposition of such records the court may deem proper and

19  may punish by contempt proceedings any violation of those

20  conditions.

21         Section 10.  Section 985.481, Florida Statutes, is

22  created to read:

23         985.481  Sexual offenders adjudicated delinquent;

24  notification upon release.--

25         (1)  As used in this section:

26         (a)  "Convicted"  has the same meaning as provided in

27  s. 943.0435.

28         (b)  "Sexual offender" means a person who has been

29  adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.

30         (2)  The Legislature finds that certain juvenile sexual

31  offenders pose a high risk of engaging in sexual offenses even

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 1  after being released from commitment and that protection of

 2  the public from sexual offenders is a paramount governmental

 3  interest. Sexual offenders have a reduced expectation of

 4  privacy because of the public's interest in public safety and

 5  in the effective operation of government. Releasing sexual

 6  offender information to law enforcement agencies, to persons

 7  who request such information, and to the public by a law

 8  enforcement agency or public agency will further the

 9  governmental interests of public safety.

10         (3)(a)  The department must provide information

11  regarding any sexual offender who is being released after

12  serving a period of residential commitment under the

13  department 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 disposition and each crime for which there

21  was a disposition; a copy of the offender's fingerprints and a

22  digitized photograph taken within 60 days before release; the

23  date of release of the sexual offender; and the offender's

24  intended residence address, if known. The department shall

25  notify the Department of Law Enforcement if the sexual

26  offender escapes, absconds, or dies. If the sexual offender is

27  in the custody of a private correctional facility, the

28  facility shall take the digitized photograph of the sexual

29  offender within 60 days before the sexual offender's release

30  and also place it in the sexual offender's file. If the sexual

31  offender is in the custody of a local jail, the custodian of

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 1  the local jail shall register the offender within 3 business

 2  days after intake of the offender for any reason and upon

 3  release, and shall notify the Department of Law Enforcement of

 4  the sexual offender's release and provide to the Department of

 5  Law Enforcement the information specified in this subparagraph

 6  and any information specified in subparagraph 2. which the

 7  Department of Law Enforcement requests.

 8         2.  The department may provide any other information

 9  considered necessary, including criminal and delinquency

10  records, when available.

11         (b)  No later than November 1, 2007, the department

12  must make the information described in subparagraph (a)1.

13  available electronically to the Department of Law Enforcement

14  in its database and in a format that is compatible with the

15  requirements of the Florida Crime Information Center.

16         (c)  Upon receiving information regarding a sexual

17  offender from the department, the Department of Law

18  Enforcement, the sheriff, or the chief of police shall provide

19  the information described in subparagraph (a)1. to any

20  individual who requests such information and may release the

21  information to the public in any manner considered

22  appropriate, unless the information so received is

23  confidential or exempt from s. 119.07(1) and s. 24(a), Art. I

24  of the State Constitution.

25         (4)  This section authorizes the department or any law

26  enforcement agency to notify the community and the public of a

27  sexual offender's presence in the community. However, with

28  respect to a sexual offender who has been found to be a sexual

29  predator under chapter 775, the Department of Law Enforcement

30  or any other law enforcement agency must inform the community

31  

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 1  and the public of the sexual predator's presence in the

 2  community as provided in chapter 775.

 3         (5)  An elected or appointed official, public employee,

 4  school administrator or employee, or agency, or any individual

 5  or entity acting at the request or upon the direction of any

 6  law enforcement agency, is immune from civil liability for

 7  damages resulting from the release of information under this

 8  section.

 9         Section 11.  Section 985.4815, Florida Statutes, is

10  created to read:

11         985.4815  Notification to Department of Law Enforcement

12  of information on juvenile sexual offenders.--

13         (1)  As used in this section, the term:

14         (a)  "Change in enrollment or employment status" means

15  the commencement or termination of enrollment or employment or

16  a change in location of enrollment or employment.

17         (b)  "Conviction" has the same meaning as provided in

18  s. 943.0435.

19         (c)  "Institution of higher education" means a career

20  center, community college, college, state university, or

21  independent postsecondary institution.

22         (d)  "Sexual offender" means a person who is in the

23  care or custody or under the jurisdiction or supervision of

24  the department or is in the custody of a private correctional

25  facility and who:

26         1.  Has been adjudicated delinquent as provided in s.

27  943.0435(1)(a)1.d.; or

28         2.  Establishes or maintains a residence in this state

29  and has not been designated as a sexual predator by a court of

30  this state but has been designated as a sexual predator, as a

31  sexually violent predator, or by another sexual offender

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 1  designation in another state or jurisdiction and was, as a

 2  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.

 7         (2)  The clerk of the court that adjudicated and

 8  entered a disposition regarding the sexual offender for the

 9  offense or offenses for which he or she was convicted shall

10  forward to the department and the Department of Law

11  Enforcement a certified copy of any order entered by the court

12  imposing any special condition or restriction on the sexual

13  offender which restricts or prohibits access to the victim, if

14  the victim is a minor, or to other minors. The Department of

15  Law Enforcement may include on its Internet website such

16  special conditions or restrictions.

17         (3)  If a sexual offender is not sentenced to a term of

18  residential commitment, the clerk of the court shall ensure

19  that the sexual offender's fingerprints are taken and

20  forwarded to the Department of Law Enforcement within 48 hours

21  after the court sentences the offender. The fingerprint card

22  shall be clearly marked "Sexual Offender Registration Card."

23         (4)  A sexual offender, as described in this section,

24  who is under the supervision of the department but who is not

25  committed must register with the department within 3 business

26  days after adjudication and disposition for a registerable

27  offense and otherwise provide information as required by this

28  subsection.

29         (a)  The sexual offender shall provide his or her name;

30  date of birth; social security number; race; sex; height;

31  weight; hair and eye color; tattoos or other identifying

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 1  marks; and permanent or legal residence and address of

 2  temporary residence within the state or out of state while the

 3  sexual offender is in the care or custody or under the

 4  jurisdiction or supervision of the department in this state,

 5  including any rural route address or post office box, and the

 6  name and address of each school attended. The department shall

 7  verify the address of each sexual offender and shall report to

 8  the Department of Law Enforcement any failure by a sexual

 9  offender to comply with registration requirements.

10         (b)  If the sexual offender is enrolled, employed, or

11  carrying on a vocation at an institution of higher education

12  in this state, the sexual offender shall provide the name,

13  address, and county of each institution, including each campus

14  attended, and the sexual offender's enrollment or employment

15  status. Each change in enrollment or employment status shall

16  be reported to the department within 48 hours after the change

17  in status. The department shall promptly notify each

18  institution of the sexual offender's presence and any change

19  in the sexual offender's enrollment or employment status.

20         (5)  In addition to notification and transmittal

21  requirements imposed by any other provision of law, the

22  department shall compile information on any sexual offender

23  and provide the information to the Department of Law

24  Enforcement. No later than November 1, 2007, the department

25  must make the information available electronically to the

26  Department of Law Enforcement in its database in a format that

27  is compatible with the requirements of the Florida Crime

28  Information Center.

29         (6)(a)  The information provided to the Department of

30  Law Enforcement must include the following:

31  

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 1         1.  The information obtained from the sexual offender

 2  under subsection (4).

 3         2.  The sexual offender's most current address and

 4  place of permanent or temporary residence within the state or

 5  out of state while the sexual offender is in the care or

 6  custody or under the jurisdiction or supervision of the

 7  department in this state, including the name of the county or

 8  municipality in which the offender permanently or temporarily

 9  resides and, if known, the intended place of permanent or

10  temporary residence upon satisfaction of all sanctions.

11         3.  The legal status of the sexual offender and the

12  scheduled termination date of that legal status.

13         4.  The location of, and local telephone number for,

14  any department office that is responsible for supervising the

15  sexual offender.

16         5.  An indication of whether the victim of the offense

17  that resulted in the offender's status as a sexual offender

18  was a minor.

19         6.  The offense or offenses at adjudication and

20  disposition that resulted in the determination of the

21  offender's status as a sex offender.

22         7.  A digitized photograph of the sexual offender,

23  which must have been taken within 60 days before the offender

24  was released from the custody of the department or a private

25  correctional facility by expiration of sentence under s.

26  944.275, or within 60 days after the onset of the department's

27  supervision of any sexual offender who is on probation,

28  postcommitment probation, residential commitment,

29  nonresidential commitment, licensed child-caring commitment,

30  community control, conditional release, parole, provisional

31  release, or control release or who is supervised by the

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 1  department under the Interstate Compact Agreement for

 2  Probationers and Parolees. If the sexual offender is in the

 3  custody of a private correctional facility, the facility shall

 4  take a digitized photograph of the sexual offender within the

 5  time period provided in this subparagraph and shall provide

 6  the photograph to the department.

 7         (b)  If any information provided by the department

 8  changes during the time the sexual offender is under the

 9  department's care, control, custody, or supervision, including

10  any change in the offender's name by reason of marriage or

11  other legal process, the department shall, in a timely manner,

12  update the information and provide it to the Department of Law

13  Enforcement in the manner prescribed in subsection (5).

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         (8)  If the sexual offender is under federal

24  supervision, the federal agency responsible for supervising

25  the sexual offender may forward to the Department of Law

26  Enforcement any information regarding the sexual offender

27  which is consistent with the information provided by the

28  department under this section and may indicate whether use of

29  the information is restricted to law enforcement purposes only

30  or may be used by the Department of Law Enforcement for

31  purposes of public notification.

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 1         (9)  A sexual offender, as described in this section,

 2  who is under the care, jurisdiction, or supervision of the

 3  department but who is not incarcerated shall, in addition to

 4  the registration requirements provided in subsection (4),

 5  register in the manner provided in s. 943.0435(3), (4), and

 6  (5), unless the sexual offender is a sexual predator, in which

 7  case he or she shall register as required under s. 775.21. A

 8  sexual offender who fails to comply with the requirements of

 9  s. 943.0435 is subject to the penalties provided in s.

10  943.0435(9).

11         (10)(a)  The failure of a sexual offender to submit to

12  the taking of a digitized photograph, or to otherwise comply

13  with the requirements of this section, is a felony of the

14  third degree, punishable as provided in s. 775.082, s.

15  775.083, or s. 775.084.

16         (b)  A sexual offender who commits any act or omission

17  in violation of this section may be prosecuted for the act or

18  omission in the county in which the act or omission was

19  committed, the county of the last registered address of the

20  sexual offender, or the county in which the adjudication and

21  disposition occurred for the offense or offenses that meet the

22  criteria for designating a person as a sexual offender.

23         (c)  An arrest on charges of failure to register when

24  the offender has been provided and advised of his or her

25  statutory obligations to register under s. 943.0435(2), the

26  service of an information or a complaint for a violation of

27  this section, or an arraignment on charges for a violation of

28  this section constitutes actual notice of the duty to

29  register. A sexual offender's failure to immediately register

30  as required by this section following such arrest, service, or

31  arraignment constitutes grounds for a subsequent charge of

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 1  failure to register. A sexual offender charged with the crime

 2  of failure to register who asserts, or intends to assert, a

 3  lack of notice of the duty to register as a defense to a

 4  charge of failure to register shall immediately register as

 5  required by this section. A sexual offender who is charged

 6  with a subsequent failure to register may not assert the

 7  defense of a lack of notice of the duty to register.

 8         (d)  Registration following such arrest, service, or

 9  arraignment is not a defense and does not relieve the sexual

10  offender of criminal liability for the failure to register.

11         (11)  The department, the Department of Highway Safety

12  and Motor Vehicles, the Department of Law Enforcement, the

13  Department of Corrections, personnel of those departments, and

14  any individual or entity acting at the request or upon the

15  direction of those departments are immune from civil liability

16  for damages for good faith compliance with this section and

17  shall be presumed to have acted in good faith in compiling,

18  recording, reporting, or providing information. The

19  presumption of good faith is not overcome if technical or

20  clerical errors are made by the department, the Department of

21  Highway Safety and Motor Vehicles, the Department of Law

22  Enforcement, the Department of Corrections, personnel of those

23  departments, or any individual or entity acting at the request

24  or upon the direction of those departments in compiling,

25  recording, reporting, or providing information, or, if the

26  information is incomplete or incorrect because the information

27  has not been provided by a person or agency required to

28  provide it, was not reported, or was falsely reported.

29         (12)  Any person who has reason to believe that a

30  sexual offender is not complying, or has not complied, with

31  the requirements of this section and who, with the intent to

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 1  assist the sexual offender in eluding a law enforcement agency

 2  that is seeking to find the sexual offender to question the

 3  sexual offender about, or to arrest the sexual offender for,

 4  his or her noncompliance with the requirements of this

 5  section:

 6         (a)  Withholds information from, or does not notify,

 7  the law enforcement agency about the sexual offender's

 8  noncompliance with the requirements of this section and, if

 9  known, the whereabouts of the sexual offender;

10         (b)  Harbors, attempts to harbor, or assists another

11  person in harboring or attempting to harbor the sexual

12  offender;

13         (c)  Conceals, attempts to conceal, or assists another

14  person in concealing or attempting to conceal the sexual

15  offender; or

16         (d)  Provides information to the law enforcement agency

17  regarding the sexual offender that the person knows to be

18  false

19  

20  commits a felony of the third degree, punishable as provided

21  in s. 775.082, s. 775.083, or s. 775.084. This subsection does

22  not apply if the sexual offender is incarcerated in or is in

23  the custody of a state correctional facility, a private

24  correctional facility, a local jail, or a federal correctional

25  facility.

26         (13)(a)  A sexual offender must report in person each

27  year during the month of the sexual offender's birthday and

28  during every third month thereafter to the sheriff's office in

29  the county in which he or she resides or is otherwise located

30  to reregister.

31  

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 1         (b)  The sheriff's office may determine the appropriate

 2  times and days for reporting by the sexual offender, which

 3  shall be consistent with the reporting requirements of this

 4  subsection. Reregistration shall include any changes to the

 5  following information:

 6         1.  Name; social security number; age; race; sex; date

 7  of birth; height; weight; hair and eye color; address of any

 8  permanent residence and address of any current temporary

 9  residence, within the state or out of state, including a rural

10  route address and a post office box; name and address of each

11  school attended; date and place of any employment; vehicle

12  make, model, color, and license tag number; fingerprints; and

13  photograph. A post office box shall not be provided in lieu of

14  a physical residential address.

15         2.  If the sexual offender is enrolled, employed, or

16  carrying on a vocation at an institution of higher education

17  in this state, the sexual offender shall also provide to the

18  department the name, address, and county of each institution,

19  including each campus attended, and the sexual offender's

20  enrollment or employment status.

21         3.  If the sexual offender's place of residence is a

22  motor vehicle, trailer, mobile home, or manufactured home, as

23  defined in chapter 320, the sexual offender shall also provide

24  the vehicle identification number; the license tag number; the

25  registration number; and a description, including color

26  scheme, of the motor vehicle, trailer, mobile home, or

27  manufactured home. If the sexual offender's place of residence

28  is a vessel, live-aboard vessel, or houseboat, as defined in

29  chapter 327, the sexual offender shall also provide the hull

30  identification number; the manufacturer's serial number; the

31  name of the vessel, live-aboard vessel, or houseboat; the

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 1  registration number; and a description, including color

 2  scheme, of the vessel, live-aboard vessel, or houseboat.

 3         4.  Any sexual offender who fails to report in person

 4  as required at the sheriff's office, or who fails to respond

 5  to any address verification correspondence from the department

 6  within 3 weeks after the date of the correspondence, commits a

 7  felony of the third degree, punishable as provided in s.

 8  775.082, s. 775.083, and s. 775.084.

 9         (c)  The sheriff's office shall, within 2 working days,

10  electronically submit and update all information provided by

11  the sexual offender to the Department of Law Enforcement in a

12  manner prescribed by that department.

13         Section 12.  Paragraph (g) of subsection (3) of section

14  921.0022, Florida Statutes, is amended to read:

15         921.0022  Criminal Punishment Code; offense severity

16  ranking chart.--

17         (3)  OFFENSE SEVERITY RANKING CHART

18  

19  Florida           Felony

20  Statute           Degree             Description

21  

22                     

23                              (g)  LEVEL 7

24  316.027(1)(b)      1st      Accident involving death, failure

25                              to stop; leaving scene.

26  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

27                              injury.

28  

29  

30  

31  

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 1  316.1935(3)(b)     1st      Causing serious bodily injury or

 2                              death to another person; driving

 3                              at high speed or with wanton

 4                              disregard for safety while

 5                              fleeing or attempting to elude

 6                              law enforcement officer who is in

 7                              a patrol vehicle with siren and

 8                              lights activated.

 9  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

10                              bodily injury.

11  402.319(2)         2nd      Misrepresentation and negligence

12                              or intentional act resulting in

13                              great bodily harm, permanent

14                              disfiguration, permanent

15                              disability, or death.

16  409.920(2)         3rd      Medicaid provider fraud.

17  456.065(2)         3rd      Practicing a health care

18                              profession without a license.

19  456.065(2)         2nd      Practicing a health care

20                              profession without a license

21                              which results in serious bodily

22                              injury.

23  458.327(1)         3rd      Practicing medicine without a

24                              license.

25  459.013(1)         3rd      Practicing osteopathic medicine

26                              without a license.

27  460.411(1)         3rd      Practicing chiropractic medicine

28                              without a license.

29  461.012(1)         3rd      Practicing podiatric medicine

30                              without a license.

31  

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 1  462.17             3rd      Practicing naturopathy without a

 2                              license.

 3  463.015(1)         3rd      Practicing optometry without a

 4                              license.

 5  464.016(1)         3rd      Practicing nursing without a

 6                              license.

 7  465.015(2)         3rd      Practicing pharmacy without a

 8                              license.

 9  466.026(1)         3rd      Practicing dentistry or dental

10                              hygiene without a license.

11  467.201            3rd      Practicing midwifery without a

12                              license.

13  468.366            3rd      Delivering respiratory care

14                              services without a license.

15  483.828(1)         3rd      Practicing as clinical laboratory

16                              personnel without a license.

17  483.901(9)         3rd      Practicing medical physics

18                              without a license.

19  484.013(1)(c)      3rd      Preparing or dispensing optical

20                              devices without a prescription.

21  484.053            3rd      Dispensing hearing aids without a

22                              license.

23  494.0018(2)        1st      Conviction of any violation of

24                              ss. 494.001-494.0077 in which the

25                              total money and property

26                              unlawfully obtained exceeded

27                              $50,000 and there were five or

28                              more victims.

29  

30  

31  

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 1  560.123(8)(b)1.    3rd      Failure to report currency or

 2                              payment instruments exceeding

 3                              $300 but less than $20,000 by

 4                              money transmitter.

 5  560.125(5)(a)      3rd      Money transmitter business by

 6                              unauthorized person, currency or

 7                              payment instruments exceeding

 8                              $300 but less than $20,000.

 9  655.50(10)(b)1.    3rd      Failure to report financial

10                              transactions exceeding $300 but

11                              less than $20,000 by financial

12                              institution.

13  775.21(10)(a)      3rd      Sexual predator; failure to

14                              register; failure to renew

15                              driver's license or

16                              identification card; other

17                              registration violations.

18  775.21(10)(b)      3rd      Sexual predator working where

19                              children regularly congregate.

20  775.21(10)(g)      3rd      Failure to report or providing

21                              false information about a sexual

22                              predator; harbor or conceal a

23                              sexual predator.

24  782.051(3)         2nd      Attempted felony murder of a

25                              person by a person other than the

26                              perpetrator or the perpetrator of

27                              an attempted felony.

28  782.07(1)          2nd      Killing of a human being by the

29                              act, procurement, or culpable

30                              negligence of another

31                              (manslaughter).

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 1  782.071            2nd      Killing of human being or viable

 2                              fetus by the operation of a motor

 3                              vehicle in a reckless manner

 4                              (vehicular homicide).

 5  782.072            2nd      Killing of a human being by the

 6                              operation of a vessel in a

 7                              reckless manner (vessel

 8                              homicide).

 9  784.045(1)(a)1.    2nd      Aggravated battery; intentionally

10                              causing great bodily harm or

11                              disfigurement.

12  784.045(1)(a)2.    2nd      Aggravated battery; using deadly

13                              weapon.

14  784.045(1)(b)      2nd      Aggravated battery; perpetrator

15                              aware victim pregnant.

16  784.048(4)         3rd      Aggravated stalking; violation of

17                              injunction or court order.

18  784.048(7)         3rd      Aggravated stalking; violation of

19                              court order.

20  784.07(2)(d)       1st      Aggravated battery on law

21                              enforcement officer.

22  784.074(1)(a)      1st      Aggravated battery on sexually

23                              violent predators facility staff.

24  784.08(2)(a)       1st      Aggravated battery on a person 65

25                              years of age or older.

26  784.081(1)         1st      Aggravated battery on specified

27                              official or employee.

28  784.082(1)         1st      Aggravated battery by detained

29                              person on visitor or other

30                              detainee.

31  

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 1  784.083(1)         1st      Aggravated battery on code

 2                              inspector.

 3  790.07(4)          1st      Specified weapons violation

 4                              subsequent to previous conviction

 5                              of s. 790.07(1) or (2).

 6  790.16(1)          1st      Discharge of a machine gun under

 7                              specified circumstances.

 8  790.165(2)         2nd      Manufacture, sell, possess, or

 9                              deliver hoax bomb.

10  790.165(3)         2nd      Possessing, displaying, or

11                              threatening to use any hoax bomb

12                              while committing or attempting to

13                              commit a felony.

14  790.166(3)         2nd      Possessing, selling, using, or

15                              attempting to use a hoax weapon

16                              of mass destruction.

17  790.166(4)         2nd      Possessing, displaying, or

18                              threatening to use a hoax weapon

19                              of mass destruction while

20                              committing or attempting to

21                              commit a felony.

22  796.03             2nd      Procuring any person under 16

23                              years for prostitution.

24  800.04(5)(c)1.     2nd      Lewd or lascivious molestation;

25                              victim less than 12 years of age;

26                              offender less than 18 years.

27  800.04(5)(c)2.     2nd      Lewd or lascivious molestation;

28                              victim 12 years of age or older

29                              but less than 16 years; offender

30                              18 years or older.

31  

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 1  806.01(2)          2nd      Maliciously damage structure by

 2                              fire or explosive.

 3  810.02(3)(a)       2nd      Burglary of occupied dwelling;

 4                              unarmed; no assault or battery.

 5  810.02(3)(b)       2nd      Burglary of unoccupied dwelling;

 6                              unarmed; no assault or battery.

 7  810.02(3)(d)       2nd      Burglary of occupied conveyance;

 8                              unarmed; no assault or battery.

 9  812.014(2)(a)1.    1st      Property stolen, valued at

10                              $100,000 or more or a semitrailer

11                              deployed by a law enforcement

12                              officer; property stolen while

13                              causing other property damage;

14                              1st degree grand theft.

15  812.014(2)(b)2.    2nd      Property stolen, cargo valued at

16                              less than $50,000, grand theft in

17                              2nd degree.

18  812.014(2)(b)3.    2nd      Property stolen, emergency

19                              medical equipment; 2nd degree

20                              grand theft.

21  812.0145(2)(a)     1st      Theft from person 65 years of age

22                              or older; $50,000 or more.

23  812.019(2)         1st      Stolen property; initiates,

24                              organizes, plans, etc., the theft

25                              of property and traffics in

26                              stolen property.

27  812.131(2)(a)      2nd      Robbery by sudden snatching.

28  812.133(2)(b)      1st      Carjacking; no firearm, deadly

29                              weapon, or other weapon.

30  

31  

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 1  817.234(8)(a)      2nd      Solicitation of motor vehicle

 2                              accident victims with intent to

 3                              defraud.

 4  817.234(9)         2nd      Organizing, planning, or

 5                              participating in an intentional

 6                              motor vehicle collision.

 7  817.234(11)(c)     1st      Insurance fraud; property value

 8                              $100,000 or more.

 9  817.2341(2)(b)&

10   (3)(b)            1st      Making false entries of material

11                              fact or false statements

12                              regarding property values

13                              relating to the solvency of an

14                              insuring entity which are a

15                              significant cause of the

16                              insolvency of that entity.

17  825.102(3)(b)      2nd      Neglecting an elderly person or

18                              disabled adult causing great

19                              bodily harm, disability, or

20                              disfigurement.

21  825.103(2)(b)      2nd      Exploiting an elderly person or

22                              disabled adult and property is

23                              valued at $20,000 or more, but

24                              less than $100,000.

25  827.03(3)(b)       2nd      Neglect of a child causing great

26                              bodily harm, disability, or

27                              disfigurement.

28  827.04(3)          3rd      Impregnation of a child under 16

29                              years of age by person 21 years

30                              of age or older.

31  

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 1  837.05(2)          3rd      Giving false information about

 2                              alleged capital felony to a law

 3                              enforcement officer.

 4  838.015            2nd      Bribery.

 5  838.016            2nd      Unlawful compensation or reward

 6                              for official behavior.

 7  838.021(3)(a)      2nd      Unlawful harm to a public

 8                              servant.

 9  838.22             2nd      Bid tampering.

10  847.0135(3)        3rd      Solicitation of a child, via a

11                              computer service, to commit an

12                              unlawful sex act.

13  872.06             2nd      Abuse of a dead human body.

14  893.13(1)(c)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 a

19                              child care facility, school, or

20                              state, county, or municipal park

21                              or publicly owned recreational

22                              facility or community center.

23  893.13(1)(e)1.     1st      Sell, manufacture, or deliver

24                              cocaine or other drug prohibited

25                              under s. 893.03(1)(a), (1)(b),

26                              (1)(d), (2)(a), (2)(b), or

27                              (2)(c)4., within 1,000 feet of

28                              property used for religious

29                              services or a specified business

30                              site.

31  

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 1  893.13(4)(a)       1st      Deliver to minor cocaine (or

 2                              other s. 893.03(1)(a), (1)(b),

 3                              (1)(d), (2)(a), (2)(b), or

 4                              (2)(c)4. drugs).

 5  893.135(1)(a)1.    1st      Trafficking in cannabis, more

 6                              than 25 lbs., less than 2,000

 7                              lbs.

 8  893.135

 9   (1)(b)1.a.        1st      Trafficking in cocaine, more than

10                              28 grams, less than 200 grams.

11  893.135

12   (1)(c)1.a.        1st      Trafficking in illegal drugs,

13                              more than 4 grams, less than 14

14                              grams.

15  893.135

16   (1)(d)1.          1st      Trafficking in phencyclidine,

17                              more than 28 grams, less than 200

18                              grams.

19  893.135(1)(e)1.    1st      Trafficking in methaqualone, more

20                              than 200 grams, less than 5

21                              kilograms.

22  893.135(1)(f)1.    1st      Trafficking in amphetamine, more

23                              than 14 grams, less than 28

24                              grams.

25  893.135

26   (1)(g)1.a.        1st      Trafficking in flunitrazepam, 4

27                              grams or more, less than 14

28                              grams.

29  

30  

31  

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 1  893.135

 2   (1)(h)1.a.        1st      Trafficking in

 3                              gamma-hydroxybutyric acid (GHB),

 4                              1 kilogram or more, less than 5

 5                              kilograms.

 6  893.135

 7   (1)(j)1.a.        1st      Trafficking in 1,4-Butanediol, 1

 8                              kilogram or more, less than 5

 9                              kilograms.

10  893.135

11   (1)(k)2.a.        1st      Trafficking in Phenethylamines,

12                              10 grams or more, less than 200

13                              grams.

14  896.101(5)(a)      3rd      Money laundering, financial

15                              transactions exceeding $300 but

16                              less than $20,000.

17  896.104(4)(a)1.    3rd      Structuring transactions to evade

18                              reporting or registration

19                              requirements, financial

20                              transactions exceeding $300 but

21                              less than $20,000.

22  943.0435(4)(c)     2nd      Sexual offender vacating

23                              permanent residence; failure to

24                              comply with reporting

25                              requirements.

26  943.0435(8)        2nd      Sexual offender; remains in state

27                              after indicating intent to leave;

28                              failure to comply with reporting

29                              requirements.

30  

31  

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 1  943.0435(9)(a)     3rd      Sexual offender; failure to

 2                              comply with reporting

 3                              requirements.

 4  943.0435(13)       3rd      Failure to report or providing

 5                              false information about a sexual

 6                              offender; harbor or conceal a

 7                              sexual offender.

 8  943.0435(14)       3rd      Sexual offender; failure to

 9                              report and reregister; failure to

10                              respond to address verification.

11  944.607(9)         3rd      Sexual offender; failure to

12                              comply with reporting

13                              requirements.

14  944.607(10)(a)     3rd      Sexual offender; failure to

15                              submit to the taking of a

16                              digitized photograph.

17  944.607(12)        3rd      Failure to report or providing

18                              false information about a sexual

19                              offender; harbor or conceal a

20                              sexual offender.

21  944.607(13)        3rd      Sexual offender; failure to

22                              report and reregister; failure to

23                              respond to address verification.

24  985.4815(10)       3rd      Sexual offender; failure to

25                              submit to the taking of a

26                              digitized photograph.

27  985.4815(12)       3rd      Failure to report or providing

28                              false information about a sexual

29                              offender; harbor or conceal a

30                              sexual offender.

31  

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 1  985.4815(13)       3rd      Sexual offender; failure to

 2                              report and reregister; failure to

 3                              respond to address verification.

 4         Section 13.  This act shall take effect July 1, 2007.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                          CS for SB 1604

 8                                 

 9  Corrects a cross-reference and revises the title.

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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