Senate Bill sb1604c2
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By the Committees on Judiciary; Criminal Justice; and Senator
Argenziano
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1 A bill to be entitled
2 An act relating to sexual offenders and
3 predators; amending s. 775.21, F.S.; revising
4 criteria for designation as a sexual predator;
5 correcting a cross-reference; requiring sexual
6 predators to register with the Department of
7 Law Enforcement through a sheriff's office;
8 requiring a sexual predator who is supervised
9 by the Department of Corrections but not
10 incarcerated to register within a specified
11 period; requiring that the custodian of a local
12 jail register a sexual predator within a
13 specified period after intake; 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
1
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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
2
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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
3
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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.
4
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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
6
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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
10
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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
12
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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.
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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
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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:
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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.
22
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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
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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
30
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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
33
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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