Senate Bill sb1604er

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  1                                 

  2         An act relating to sexual offenders and

  3         predators; amending s. 775.21, F.S.; revising

  4         criteria for designation as a sexual predator;

  5         correcting a cross-reference; requiring sexual

  6         predators to register with the Department of

  7         Law Enforcement through a sheriff's office;

  8         requiring a sexual predator who is supervised

  9         by the Department of Corrections but not

10         incarcerated to register within a specified

11         period; requiring that the custodian of a local

12         jail register a sexual predator within a

13         specified period after intake; requiring the

14         sexual predator to register in the county where

15         designated as a sexual predator; deleting

16         provisions allowing certain predators to have

17         predator designation removed after a specified

18         period; revising references to applicable

19         federal law; revising provisions relating to

20         verification of addresses; increasing frequency

21         of a reregistration requirement for a sexual

22         predator; providing specified immunity to the

23         Department of Juvenile Justice; amending s.

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

25         offender designation; providing conditions

26         under which juveniles are designated as sexual

27         offenders; requiring the court to make certain

28         written findings related to violations of

29         sexual offender qualifying offenses; revising

30         the definition of the term "conviction";

31         revising reporting requirements; revising


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 1         references to applicable federal law; revising

 2         provisions relating to verification of

 3         addresses; providing specified immunity to the

 4         Department of Juvenile Justice; revising

 5         provisions relating to petitions to allow

 6         certain offenders to remove the offender

 7         designation after a specified period;

 8         increasing frequency of reregistration

 9         requirement for certain sexual offenders;

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

11         sexual predators and sexual offenders to

12         petition for the removal of the registration

13         requirement; providing that a court may grant

14         the petition if certain criteria are met and

15         removal of the registration requirement will

16         not conflict with federal law; creating s.

17         943.44353, F.S.; requiring development and

18         maintenance of a system to provide automatic

19         notification of registration information

20         regarding sexual predators and sexual offenders

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

22         requiring retention of records of minors

23         adjudicated delinquent of specified sexual

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

25         criteria for designation as a sexual offender;

26         providing registration and notification duties

27         for a custodian of a local jail regarding

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

29         revising the definition of a sexual offender

30         for notification purposes; requiring a sexual

31         offender who is supervised by the Department of


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 1         Corrections but not incarcerated to register

 2         within a specified period; providing

 3         registration and notification duties for a

 4         custodian of a local jail regarding sexual

 5         offenders; providing specified immunity to the

 6         Department of Juvenile Justice; requiring more

 7         frequent reregistration for specified

 8         offenders; amending ss. 947.005 and 948.001,

 9         F.S.; revising the definition of the term

10         "qualified practitioner" for purposes of

11         certain sex offender treatment programs;

12         amending s. 985.04, F.S.; providing that

13         specified sexual predator and offender

14         registration information is a public record;

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

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

17         definitions; providing for notification upon

18         release of specified juvenile sexual offenders;

19         providing for availability of specified

20         information concerning such offenders;

21         providing immunity for specified officials;

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

23         notification to the Department of Law

24         Enforcement concerning specified juvenile

25         sexual offenders; providing definitions;

26         providing duties of clerks of court; providing

27         registration requirements; requiring specified

28         information to be made available to the

29         Department of Law Enforcement; providing duties

30         of a custodian of a local jail; providing for

31         forwarding of information for specified


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 1         offenders under federal supervision; providing

 2         penalties for failure to comply with

 3         requirements; providing venue for prosecution

 4         of specified offenses; providing for the effect

 5         of certain actions; providing that registration

 6         following certain actions does not provide a

 7         defense to specified charges; providing

 8         immunity for specified agencies and persons for

 9         certain actions; prohibiting certain acts

10         concerning offenders; providing criminal

11         penalties; providing reporting requirements for

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

13         within the offense severity ranking chart of

14         the Criminal Punishment Code certain offenses

15         relating to the registration requirements for

16         sexual offenders; providing an effective date.

17  

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

19  

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

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

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

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

24         775.21  The Florida Sexual Predators Act.--

25         (4)  SEXUAL PREDATOR CRITERIA.--

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

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

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

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

30  public notification under subsection (7) if:

31         1.  The felony is:


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

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

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

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

 5  847.0145, or a violation of a similar law of another

 6  jurisdiction; or

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

 8  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a

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

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

11  794.011(10); s. 794.05 and 794.0235; s. 796.03; s. 796.035; s.

12  800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0145; or s.

13  985.701(1); or a violation of a similar law of another

14  jurisdiction, and the offender has previously been convicted

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

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

17  787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a

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

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

20  (3), (4), (5), or (8); s. 794.05; s. 796.03; s. 796.035; s.

21  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,

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

23  violation of a similar law of another jurisdiction;

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

25  felony or similar law of another jurisdiction that is

26  necessary for the operation of this paragraph; and

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

28  jurisdiction necessary to the operation of this paragraph has

29  not been set aside in any postconviction proceeding.

30  

31  


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

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

 3  any other law enforcement agency and if:

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

 5  written finding at the time of sentencing that the offender

 6  was a sexual predator; or

 7         2.  The offender was administratively registered as a

 8  sexual predator because the Department of Corrections, the

 9  department, or any other law enforcement agency obtained

10  information that indicated that the offender met the criteria

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

12  similar law in another jurisdiction,

13  

14  the department shall remove that offender from the

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

16  described under subparagraph 1., shall notify the state

17  attorney who prosecuted the offense that met the criteria for

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

19  offender described under this paragraph subparagraph, shall

20  notify the state attorney of the county where the offender

21  establishes or maintains a permanent or temporary residence.

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

23  attention in order to establish that the offender meets the

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

25  makes a written finding that the offender is a sexual

26  predator, the offender must be designated as a sexual

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

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

29  subject to the community and public notification as provided

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

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


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

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

 3  as a sexual predator with the department.

 4         (6)  REGISTRATION.--

 5         (a)  A sexual predator must register with the

 6  department through the sheriff's office by providing the

 7  following information to the department:

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

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

10  address of legal residence and address of any current

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

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

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

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

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

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

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

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

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

20  to the department written notice of the vehicle identification

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

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

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

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

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

26  shall also provide to the department written notice of the

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

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

29  registration number; and a description, including color

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

31  


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

 2  carrying on a vocation at an institution of higher education

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

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

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

 6  enrollment or employment status. Each change in enrollment or

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

 8  office, or the Department of Corrections if the sexual

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

10  supervision of the Department of Corrections, within 48 hours

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

12  Corrections shall promptly notify each institution of the

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

14  predator's enrollment or employment status.

15         2.  Any other information determined necessary by the

16  department, including criminal and corrections records;

17  nonprivileged personnel and treatment records; and evidentiary

18  genetic markers when available.

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

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

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

22  facility, the sexual predator must register with the

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

24  supervision of the Department of Corrections but who is not

25  incarcerated must register with the Department of Corrections

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

27  be a sexual predator. The Department of Corrections shall

28  provide to the department registration information and the

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

30  Corrections office that is responsible for supervising the

31  sexual predator. In addition, the Department of Corrections


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 1  shall notify the department if the sexual predator escapes or

 2  absconds from custody or supervision or if the sexual predator

 3  dies.

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

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

 6  sexual predator within 3 business days after intake of the

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

 8  forward the registration information to the department. The

 9  custodian of the local jail shall also take a digitized

10  photograph of the sexual predator while the sexual predator

11  remains in custody and shall provide the digitized photograph

12  to the department. The custodian shall notify the department

13  if the sexual predator escapes from custody or dies.

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

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

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

17  correctional facility, the sexual predator shall register in

18  person:

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

20  she establishes or maintains a residence within 48 hours after

21  establishing or maintaining a residence in this state; and

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

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

24  hours after such finding is made.

25         2.  and establishes or maintains a residence in the

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

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

28  establishes or maintains a residence, within 48 hours after

29  establishing permanent or temporary residence in this state.

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

31  residence or name, after the sexual predator registers in


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

 2  shall be accomplished in the manner provided in paragraphs

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

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

 5  set of fingerprints of the predator and forward the

 6  photographs and fingerprints to the department, along with the

 7  information that the predator is required to provide pursuant

 8  to this section.

 9         (l)  A sexual predator must maintain registration with

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

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

12  conviction set aside in a postconviction proceeding for any

13  offense that met the criteria for the sexual predator

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

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

16  has been lawfully released from confinement, supervision, or

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

18  not been arrested for any felony or misdemeanor offense since

19  release, may petition the criminal division of the circuit

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

21  the purpose of removing the sexual predator designation. A

22  sexual predator who was designated a sexual predator by a

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

24  released from confinement, supervision, or sanction, whichever

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

26  for any felony or misdemeanor offense since release may

27  petition the criminal division of the circuit court in the

28  circuit in which the sexual predator resides for the purpose

29  of removing the sexual predator designation. A sexual predator

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

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


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

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

 3  felony or misdemeanor offense since release may petition the

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

 5  the sexual predator resides for the purpose of removing the

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

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

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

 9  requested relief complies with the provisions of the federal

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

11  standards applicable to the removal of the designation as a

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

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

14  otherwise satisfied that the petitioner is not a current or

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

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

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

18  matter. The state attorney may present evidence in opposition

19  to the requested relief or may otherwise demonstrate the

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

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

22  sexual predator may again petition the court for relief,

23  subject to the standards for relief provided in this

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

25  who is granted relief under this paragraph must comply with

26  the requirements for registration as a sexual offender and

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

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

29  the order designating the petitioner as a sexual predator

30  which removes such designation, the petitioner shall forward a

31  certified copy of the written findings or order to the


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 1  department in order to have the sexual predator designation

 2  removed from the sexual predator registry.

 3  

 4  The sheriff shall promptly provide to the department the

 5  information received from the sexual predator.

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

 7  of Corrections shall implement a system for verifying the

 8  addresses of sexual predators. The system must be consistent

 9  with the provisions of the federal Adam Walsh Child Protection

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

11  any other federal standards applicable to such verification or

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

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

14  the addresses of sexual predators who are not incarcerated but

15  who reside in the community under the supervision of the

16  Department of Corrections and shall report to the department

17  any failure by a sexual predator to comply with registration

18  requirements. County and local law enforcement agencies, in

19  conjunction with the department, shall verify the addresses of

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

21  or supervision of the Department of Corrections. Local law

22  enforcement agencies shall report to the department any

23  failure by a sexual predator to comply with registration

24  requirements.

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

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

27  every third the sixth month thereafter following the sexual

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

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

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

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


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 1  shall be consistent with the reporting requirements of this

 2  paragraph. Reregistration shall include any changes to the

 3  following information:

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

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

 6  permanent residence and address of any current temporary

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

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

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

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

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

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

13  carrying on a vocation at an institution of higher education

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

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

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

17  enrollment or employment status.

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

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

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

21  the vehicle identification number; the license tag number; the

22  registration number; and a description, including color

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

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

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

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

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

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

29  registration number; and a description, including color

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

31  


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

 2  electronically submit and update all information provided by

 3  the sexual predator to the department in a manner prescribed

 4  by the department. This procedure shall be implemented by

 5  December 1, 2005.

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

 7  Highway Safety and Motor Vehicles, the Department of

 8  Corrections, the Department of Juvenile Justice, any law

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

10  departments; an elected or appointed official, public

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

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

13  direction of any law enforcement agency is immune from civil

14  liability for damages for good faith compliance with the

15  requirements of this section or for the release of information

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

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

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

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

20  the Department of Highway Safety and Motor Vehicles, the

21  Department of Corrections, the Department of Juvenile Justice,

22  the personnel of those departments, or any individual or

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

24  those departments in compiling or providing information, or if

25  information is incomplete or incorrect because a sexual

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

27  place of permanent or temporary residence.

28         (10)  PENALTIES.--

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

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

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


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

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

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

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

 5  796.035; s. 800.04; s. 827.071; s. 847.0133; s. 847.0145; or

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

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

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

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

10  place where children regularly congregate, commits a felony of

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

12  775.083, or s. 775.084.

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

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

15  943.0435, Florida Statutes, are amended to read:

16         943.0435  Sexual offenders required to register with

17  the department; penalty.--

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

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

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

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

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

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

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

25  criminal offenses proscribed in the following statutes in this

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

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

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

29  794.011 chapter 794, excluding s. ss. 794.011(10); s. 794.05

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

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


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 1  847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.

 2  985.701(1); or any similar offense committed in this state

 3  which has been redesignated from a former statute number to

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

 5  sub-subparagraph; and

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

 7  from the sanction imposed for any conviction of an offense

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

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

10  sanction imposed in this state or in any other jurisdiction

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

12  control, parole, conditional release, control release, or

13  incarceration in a state prison, federal prison, private

14  correctional facility, or local detention facility;

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

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

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

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

19  offender designation in another state or jurisdiction and was,

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

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

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

23  regard to whether the person otherwise meets the criteria for

24  registration as a sexual offender; or

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

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

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

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

29  conspiring to commit, any of the criminal offenses proscribed

30  in the following statutes or similar offense in another

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


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

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

 3  794.011(10); s. 794.05 and 794.0235; s. 796.03; s. 796.035; s.

 4  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,

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

 6  847.0145; or s. 985.701(1); or any similar offense committed

 7  in this state which has been redesignated from a former

 8  statute number to one of those listed in this

 9  sub-subparagraph; or subparagraph.

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

11  delinquent for committing, or attempting, soliciting, or

12  conspiring to commit, any of the criminal offenses proscribed

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

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

15  older at the time of the offense:

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

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

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

19  use of force or coercion;

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

21  molestation involving unclothed genitals; or

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

23  use of force or coercion and unclothed genitals.

24         2.  For all qualifying offenses listed in

25  sub-subparagraph (1)(a)1.d., the court shall make a written

26  finding of the age of the offender at the time of the offense.

27  

28  For each violation of a qualifying offense listed in this

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

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

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


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 1  finding indicating that the offense did or did not involve

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

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

 4  the court shall additionally make a written finding that the

 5  offense did or did not involve unclothed genitals or genital

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

 7  force or coercion.

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

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

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

11  adjudication is withheld, and includes an adjudication of

12  delinquency of a juvenile as specified in this section.

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

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

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

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

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

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

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

20  parole, conditional release, control release, or incarceration

21  in a state prison, federal prison, private correctional

22  facility, or local detention facility.

23         (2)  A sexual offender shall:

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

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

26  maintains a permanent or temporary residence, within 48 hours

27  after:

28         a.  Establishing permanent or temporary residence in

29  this state; or within 48 hours after

30  

31  


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

 2  supervision of the Department of Corrections or from the

 3  custody of a private correctional facility; or.

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

 5  48 hours after being convicted for a qualifying offense for

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

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

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

 9  private correctional facility.

10  

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

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

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

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

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

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

17  color, tattoos or other identifying marks, occupation and

18  place of employment, address of permanent or legal residence

19  or address of any current temporary residence, within the

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

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

22  brief description of the crime or crimes committed by the

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

24  physical residential address.

25         1.  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  to the department through the sheriff's office written notice

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

30  the registration number; and a description, including color

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


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

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

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

 4  department written notice of the hull identification number;

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

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

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

 8  live-aboard vessel, or houseboat.

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

10  carrying on a vocation at an institution of higher education

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

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

13  county of each institution, including each campus attended,

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

15  Each change in enrollment or employment status shall be

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

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

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

19  change in the sexual offender's enrollment or employment

20  status.

21  

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

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

24  the offender and forward the photographs and fingerprints to

25  the department, along with the information provided by the

26  sexual offender. The sheriff shall promptly provide to the

27  department the information received from the sexual offender.

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

29  conjunction with the department, shall verify the addresses of

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

31  or supervision of the Department of Corrections in a manner


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 1  that is consistent with the provisions of the federal Adam

 2  Walsh Child Protection and Safety Act of 2006 Jacob Wetterling

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

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

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

 6  agencies shall report to the department any failure by a

 7  sexual offender to comply with registration requirements.

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

 9  and Motor Vehicles, the Department of Corrections, the

10  Department of Juvenile Justice, any law enforcement agency in

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

12  or appointed official, public employee, or school

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

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

15  enforcement agency is immune from civil liability for damages

16  for good faith compliance with the requirements of this

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

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

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

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

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

22  Highway Safety and Motor Vehicles, the Department of

23  Corrections, the Department of Juvenile Justice, the personnel

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

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

26  in compiling or providing information, or if information is

27  incomplete or incorrect because a sexual offender fails to

28  report or falsely reports his or her current place of

29  permanent or temporary residence.

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

31  offender must maintain registration with the department for


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

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

 3  in a postconviction proceeding for any offense that meets the

 4  criteria for classifying the person as a sexual offender for

 5  purposes of registration. However, a sexual offender:

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

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

 8  20 years and has not been arrested for any felony or

 9  misdemeanor offense since release, provided that the sexual

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

11  conviction:

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

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

14  794.011(10);

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

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

17  sexual activity by the use of force or coercion;

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

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

20  finds the offense involved unclothed genitals or genital area;

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

22  offense; or

23         g.  For a violation of similar law of another

24  jurisdiction,; or

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

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

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

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

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

30  for any felony or misdemeanor offense since the date of

31  conviction of the qualifying offense


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 1  

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

 3  circuit in which the sexual offender resides for the purpose

 4  of removing the requirement for registration as a sexual

 5  offender.

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

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

 8  arrested for any crime since release; the requested relief

 9  complies with the provisions of the federal Adam Walsh Child

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

11  amended, and any other federal standards applicable to the

12  removal of registration requirements for a sexual offender or

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

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

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

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

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

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

19  attorney may present evidence in opposition to the requested

20  relief or may otherwise demonstrate the reasons why the

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

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

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

24  standards for relief provided in this subsection.

25         3.  The department shall remove an offender from

26  classification as a sexual offender for purposes of

27  registration if the offender provides to the department a

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

29  indicates that the offender is no longer required to comply

30  with the requirements for registration as a sexual offender.

31  


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

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

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

 4  person provides the department with an order issued by the

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

 6  sexually violent predator, or by another sexual offender

 7  designation in the state or jurisdiction in which the order

 8  was issued which states that such designation has been removed

 9  or demonstrates to the department that such designation, if

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

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

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

13  the criteria for registration as a sexual offender under the

14  laws of this state.

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

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

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

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

19  resides or is otherwise located to reregister.

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

21  register as a result of a conviction for:

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

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

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

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

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

27  activity by the use of force or coercion;

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

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

30  molestation involving unclothed genitals or genital area;

31  


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

 2  molestation involving unclothed genitals or genital area;

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

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

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

 6  or

 7         9.  A violation of a similar law of another

 8  jurisdiction,

 9  

10  must reregister each year during the month of the sexual

11  offender's birthday and every third month thereafter.

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

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

14  shall be consistent with the reporting requirements of this

15  subsection paragraph. Reregistration shall include any changes

16  to the following information:

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

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

19  permanent residence and address of any current temporary

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

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

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

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

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

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

26  carrying on a vocation at an institution of higher education

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

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

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

30  enrollment or employment status.

31  


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

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

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

 4  the vehicle identification number; the license tag number; the

 5  registration number; and a description, including color

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

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

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

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

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

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

12  registration number; and a description, including color

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

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

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

16  to any address verification correspondence from the department

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

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

19  775.082, s. 775.083, or s. 775.084.

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

21  days, electronically submit and update all information

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

23  prescribed by the department. This procedure shall be

24  implemented by December 1, 2005.

25         Section 3.  Section 943.04354, Florida Statutes, is

26  created to read:

27         943.04354  Removal of the requirement to register as a

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

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

30  considered for removal of the requirement to register as a

31  sexual offender or sexual predator only if the person:


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

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

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

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

 5  does not have any other conviction, adjudication of

 6  delinquency, or withhold of adjudication of guilt for a

 7  violation of s. 794.011 or s. 800.04;

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

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

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

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

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

13  violation.

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

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

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

17  sentence or dispose of this violation to remove the

18  requirement that the person register as a sexual offender or

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

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

21  of the registration requirement will not conflict with federal

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

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

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

25  requested relief or may otherwise demonstrate why the motion

26  should be denied. At sentencing or disposition of this

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

28  court determines the person meets the criteria in subsection

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

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

31  the removal of the registration requirement. If the court


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

 2  section to petition for removal of the registration

 3  requirement.

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

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

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

 7  or after July 1, 2007;

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

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

10  and

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

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

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

14  800.04 occurred for removal of the requirement to register as

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

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

17  subsection (1) and removal of the registration requirement

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

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

20  hearing on the petition and, may present evidence in

21  opposition to the requested relief or may otherwise

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

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

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

25  registration requirement will not conflict with federal law,

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

27  registration requirement. If the court denies the petition,

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

29  further petition for removal of the registration requirement.

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

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


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 1  requirement that the person register as a sexual offender or

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

 3  the registration requirement will not apply to the person and

 4  the department shall remove all information about the person

 5  from the public registry of sexual offenders and sexual

 6  predators maintained by the department. However, the removal

 7  of this information from the public registry does not mean

 8  that the public is denied access to information about the

 9  person's criminal history or record that is otherwise

10  available as a public record.

11         Section 4.  Section 943.44353, Florida Statutes, is

12  created to read:

13         943.44353  Automatic notification of registration

14  information regarding sexual predators and offenders.--

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

16  shall develop and maintain a system to provide automatic

17  notification of registration information regarding sexual

18  predators and sexual offenders to the public.

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

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

21  agencies, agencies responsible for conducting

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

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

24  amended, social service entities responsible for protecting

25  minors in the child welfare system, volunteer organizations in

26  which contact with minors or other vulnerable individuals

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

28  individual shall have access to the notification system.

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

30  943.0515, Florida Statutes, to read:

31  


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 1         943.0515  Retention of criminal history records of

 2  minors.--

 3         (3)  Notwithstanding any other provision of this

 4  section, the Criminal Justice Information Program shall retain

 5  the criminal history record of a minor adjudicated delinquent

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

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

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

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

10  record.

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

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

13  Statutes, are amended to read:

14         944.606  Sexual offenders; notification upon release.--

15         (1)  As used in this section:

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

17  convicted of committing, or attempting, soliciting, or

18  conspiring to commit, any of the criminal offenses proscribed

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

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

21  787.025(2)(c), where the victim is a minor and the defendant

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

23  794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s.

24  796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.

25  847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137;

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

27  offense committed in this state which has been redesignated

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

29  subsection, when the department has received verified

30  information regarding such conviction; an offender's

31  


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

 2  verified information.

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

 4  regarding any sexual offender who is being released after

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

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

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

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

 9  correctional facility from which the sexual offender is

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

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

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

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

14  and a digitized photograph taken within 60 days before

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

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

17  department shall notify the Department of Law Enforcement if

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

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

20  the facility shall take the digitized photograph of the sexual

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

22  and provide this photograph to the Department of Corrections

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

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

25  the local jail shall register the offender within 3 business

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

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

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

29  Law Enforcement the information specified in this paragraph

30  and any information specified in subparagraph 2. that the

31  Department of Law Enforcement requests.


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 1         2.  The department may provide any other information

 2  deemed necessary, including criminal and corrections records,

 3  nonprivileged personnel and treatment records, when available.

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

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

 6  Florida Statutes, are amended to read:

 7         944.607  Notification to Department of Law Enforcement

 8  of information on sexual offenders.--

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

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

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

12  department or is in the custody of a private correctional

13  facility:

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

15  conviction for committing, or attempting, soliciting, or

16  conspiring to commit, any of the criminal offenses proscribed

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

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

19  787.025(2)(c), where the victim is a minor and the defendant

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

21  794, excluding s. ss. 794.011(10); s. 794.05 and 794.0235; s.

22  796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.

23  847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137;

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

25  offense committed in this state which has been redesignated

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

27  paragraph; or

28         2.  Who establishes or maintains a residence in this

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

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

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


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 1  offender designation in another state or jurisdiction and was,

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

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

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

 5  regard as to whether the person otherwise meets the criteria

 6  for registration as a sexual offender.

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

 8  who is under the supervision of the Department of Corrections

 9  but is not incarcerated must register with the Department of

10  Corrections within 3 business days after sentencing for a

11  registerable offense and otherwise provide information as

12  required by this subsection.

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

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

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

16  marks; and permanent or legal residence and address of

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

18  sexual offender is under supervision in this state, including

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

20  Corrections shall verify the address of each sexual offender

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

22  department shall report to the Department of Law Enforcement

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

24  with registration requirements.

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

26  carrying on a vocation at an institution of higher education

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

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

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

30  status. Each change in enrollment or employment status shall

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


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 1  in status. The Department of Corrections shall promptly notify

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

 3  change in the sexual offender's enrollment or employment

 4  status.

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

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

 7  offender within 3 business days after intake of the offender

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

 9  information to the Department of Law Enforcement. The

10  custodian of the local jail shall also take a digitized

11  photograph of the sexual offender while the offender remains

12  in custody and shall provide the digitized photograph to the

13  Department of Law Enforcement.

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

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

16  Department of Corrections, the Department of Juvenile Justice,

17  personnel of those departments, and any individual or entity

18  acting at the request or upon the direction of those

19  departments are immune from civil liability for damages for

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

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

22  reporting, or providing information. The presumption of good

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

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

25  Vehicles, the Department of Law Enforcement, the Department of

26  Juvenile Justice, personnel of those departments, or any

27  individual or entity acting at the request or upon the

28  direction of those departments in compiling, recording,

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

30  incomplete or incorrect because the information has not been

31  provided by a person or agency required to provide the


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 1  information, or because the information was not reported or

 2  was falsely reported.

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

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

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

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

 7  resides or is otherwise located to reregister.

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

 9  register as a result of a conviction for:

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

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

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

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

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

15  use of force or coercion;

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

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

18  molestation involving unclothed genitals or genital area;

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

20  molestation involving unclothed genitals or genital area;

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

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

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

24  or

25         9.  A violation of a similar law of another

26  jurisdiction,

27  

28  must reregister each year during the month of the sexual

29  offender's birthday and every third month thereafter.

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

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


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 1  shall be consistent with the reporting requirements of this

 2  subsection paragraph. Reregistration shall include any changes

 3  to the following information:

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

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

 6  permanent residence and address of any current temporary

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

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

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

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

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

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

13  carrying on a vocation at an institution of higher education

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

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

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

17  enrollment or employment status.

18         3.  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  the vehicle identification number; the license tag number; the

22  registration number; and a description, including color

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

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

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

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

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

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

29  registration number; and a description, including color

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

31  


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

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

 3  to any address verification correspondence from the department

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

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

 6  775.082, s. 775.083, or s. 775.084.

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

 8  days, electronically submit and update all information

 9  provided by the sexual offender to the Florida Department of

10  Law Enforcement in a manner prescribed by the Florida

11  Department of Law Enforcement. This procedure shall be

12  implemented by December 1, 2005.

13         Section 8.  Subsection (9) of section 947.005, Florida

14  Statutes, is amended to read:

15         947.005  Definitions.--As used in this chapter, unless

16  the context clearly indicates otherwise:

17         (9)  "Qualified practitioner" means a psychiatrist

18  licensed under chapter 458 or chapter 459, a psychologist

19  licensed under chapter 490, or a social worker, a mental

20  health counselor, or a marriage and family therapist licensed

21  under chapter 491 who practices in accordance with his or her

22  respective practice act, as determined by rule of the

23  respective boards, has the coursework, training,

24  qualifications, and experience to evaluate and treat sex

25  offenders.

26         Section 9.  Subsection (6) of section 948.001, Florida

27  Statutes, is amended to read:

28         948.001  Definitions.--As used in this chapter, the

29  term:

30         (6)  "Qualified practitioner" means a psychiatrist

31  licensed under chapter 458 or chapter 459, a psychologist


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 1  licensed under chapter 490, or a social worker, a mental

 2  health counselor, or a marriage and family therapist licensed

 3  under chapter 491 who practices in accordance with his or her

 4  respective practice act, as determined by rule of the

 5  respective boards, has the coursework, training,

 6  qualifications, and experience to evaluate and treat sex

 7  offenders.

 8         Section 10.  Subsection (6) of section 985.04, Florida

 9  Statutes, is amended to read:

10         985.04  Oaths; records; confidential information.--

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

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

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

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

15  435.03 and 435.04 may not be destroyed under this section for

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

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

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

19  meeting the screening requirements for personnel in s.

20  402.3055 and the other sections cited above, or under

21  departmental rule; however, current criminal history

22  information must be obtained from the Department of Law

23  Enforcement in accordance with s. 943.053. The information

24  shall be released to those persons specified in the above

25  cited sections for the purposes of complying with those

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

27  releases or uses the records for any unauthorized purpose.

28         (b)  Sexual offender and predator registration

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

30  944.607, 985.481, and 985.4815 is a public record pursuant to

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


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 1         Section 11.  Subsection (2) of section 985.045, Florida

 2  Statutes, is amended to read:

 3         985.045  Court records.--

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

 5  by this section separate from other records of the circuit

 6  court, except those records pertaining to motor vehicle

 7  violations, which shall be forwarded to the Department of

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

 9  943.053, 985.04(6)(b), and 985.04(7), official records

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

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

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

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

14  custodians of the child and their attorneys, law enforcement

15  agencies, the Department of Juvenile Justice and its

16  designees, the Parole Commission, the Department of

17  Corrections, and the Justice Administrative Commission shall

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

19  pertaining to the child. The court may permit authorized

20  representatives of recognized organizations compiling

21  statistics for proper purposes to inspect, and make abstracts

22  from, official records under whatever conditions upon the use

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

24  may punish by contempt proceedings any violation of those

25  conditions.

26         Section 12.  Section 985.481, Florida Statutes, is

27  created to read:

28         985.481  Sexual offenders adjudicated delinquent;

29  notification upon release.--

30         (1)  As used in this section:

31  


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

 2  s. 943.0435.

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

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

 5         (2)  The Legislature finds that certain juvenile sexual

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

 7  after being released from commitment and that protection of

 8  the public from sexual offenders is a paramount governmental

 9  interest. Sexual offenders have a reduced expectation of

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

11  in the effective operation of government. Releasing sexual

12  offender information to law enforcement agencies, to persons

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

14  enforcement agency or public agency will further the

15  governmental interests of public safety.

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

17  regarding any sexual offender who is being released after

18  serving a period of residential commitment under the

19  department for any offense, as follows:

20         1.  The department must provide the sexual offender's

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

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

23  correctional facility from which the sexual offender is

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

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

26  date and county of disposition and each crime for which there

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

28  digitized photograph taken within 60 days before release; the

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

30  intended residence address, if known. The department shall

31  notify the Department of Law Enforcement if the sexual


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

 2  in the custody of a private correctional facility, the

 3  facility shall take the digitized photograph of the sexual

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

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

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

 7  the local jail shall register the offender within 3 business

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

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

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

11  Law Enforcement the information specified in this subparagraph

12  and any information specified in subparagraph 2. which the

13  Department of Law Enforcement requests.

14         2.  The department may provide any other information

15  considered necessary, including criminal and delinquency

16  records, when available.

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

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

19  available electronically to the Department of Law Enforcement

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

21  requirements of the Florida Crime Information Center.

22         (c)  Upon receiving information regarding a sexual

23  offender from the department, the Department of Law

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

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

26  individual who requests such information and may release the

27  information to the public in any manner considered

28  appropriate, unless the information so received is

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

30  of the State Constitution.

31  


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

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

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

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

 5  predator under chapter 775, the Department of Law Enforcement

 6  or any other law enforcement agency must inform the community

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

 8  community as provided in chapter 775.

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

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

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

12  law enforcement agency, is immune from civil liability for

13  damages resulting from the release of information under this

14  section.

15         Section 13.  Section 985.4815, Florida Statutes, is

16  created to read:

17         985.4815  Notification to Department of Law Enforcement

18  of information on juvenile sexual offenders.--

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

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

21  the commencement or termination of enrollment or employment or

22  a change in location of enrollment or employment.

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

24  s. 943.0435.

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

26  center, community college, college, state university, or

27  independent postsecondary institution.

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

29  care or custody or under the jurisdiction or supervision of

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

31  facility and who:


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

 2  943.0435(1)(a)1.d.; or

 3         2.  Establishes or maintains a residence in this state

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

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

 6  sexually violent predator, or by another sexual offender

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

 8  result of such designation, subjected to registration or

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

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

11  regard to whether the person otherwise meets the criteria for

12  registration as a sexual offender.

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

14  entered a disposition regarding the sexual offender for the

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

16  forward to the department and the Department of Law

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

18  imposing any special condition or restriction on the sexual

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

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

21  Law Enforcement may include on its Internet website such

22  special conditions or restrictions.

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

24  residential commitment, the clerk of the court shall ensure

25  that the sexual offender's fingerprints are taken and

26  forwarded to the Department of Law Enforcement within 48 hours

27  after the court sentences the offender. The fingerprint card

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

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

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

31  committed must register with the department within 3 business


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 1  days after adjudication and disposition for a registerable

 2  offense and otherwise provide information as required by this

 3  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 in the care or custody or under the

10  jurisdiction or supervision of the department in this state,

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

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

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

14  the Department of Law Enforcement any failure by a sexual

15  offender to comply 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 shall promptly notify each

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

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

26         (5)  In addition to notification and transmittal

27  requirements imposed by any other provision of law, the

28  department shall compile information on any sexual offender

29  and provide the information to the Department of Law

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

31  must make the information available electronically to the


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

 2  is compatible with the requirements of the Florida Crime

 3  Information Center.

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

 5  Law Enforcement must include the following:

 6         1.  The information obtained from the sexual offender

 7  under subsection (4).

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

 9  place of permanent or temporary residence within the state or

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

11  custody or under the jurisdiction or supervision of the

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

13  municipality in which the offender permanently or temporarily

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

15  temporary residence upon satisfaction of all sanctions.

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

17  scheduled termination date of that legal status.

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

19  any department office that is responsible for supervising the

20  sexual offender.

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

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

23  was a minor.

24         6.  The offense or offenses at adjudication and

25  disposition that resulted in the determination of the

26  offender's status as a sex offender.

27         7.  A digitized photograph of the sexual offender,

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

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

30  correctional facility by expiration of sentence under s.

31  944.275, or within 60 days after the onset of the department's


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 1  supervision of any sexual offender who is on probation,

 2  postcommitment probation, residential commitment,

 3  nonresidential commitment, licensed child-caring commitment,

 4  community control, conditional release, parole, provisional

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

 6  department under the Interstate Compact Agreement for

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

 8  custody of a private correctional facility, the facility shall

 9  take a digitized photograph of the sexual offender within the

10  time period provided in this subparagraph and shall provide

11  the photograph to the department.

12         (b)  If any information provided by the department

13  changes during the time the sexual offender is under the

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

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

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

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

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

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

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

21  offender within 3 business days after intake of the offender

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

23  information to the Department of Law Enforcement. The

24  custodian of the local jail shall also take a digitized

25  photograph of the sexual offender while the offender remains

26  in custody and shall provide the digitized photograph to the

27  Department of Law Enforcement.

28         (8)  If the sexual offender is under federal

29  supervision, the federal agency responsible for supervising

30  the sexual offender may forward to the Department of Law

31  Enforcement any information regarding the sexual offender


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 1  which is consistent with the information provided by the

 2  department under this section and may indicate whether use of

 3  the information is restricted to law enforcement purposes only

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

 5  purposes of public notification.

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

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

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

 9  the registration requirements provided in subsection (4),

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

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

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

13  sexual offender who fails to comply with the requirements of

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

15  943.0435(9).

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

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

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

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

20  775.083, or s. 775.084.

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

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

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

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

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

26  disposition occurred for the offense or offenses that meet the

27  criteria for designating a person as a sexual offender.

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

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

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

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


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

 2  this section constitutes actual notice of the duty to

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

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

 5  arraignment constitutes grounds for a subsequent charge of

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

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

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

 9  charge of failure to register shall immediately register as

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

11  with a subsequent failure to register may not assert the

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

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

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

15  offender of criminal liability for the failure to register.

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

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

18  Department of Corrections, personnel of those departments, and

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

20  direction of those departments are immune from civil liability

21  for damages for good faith compliance with this section and

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

23  recording, reporting, or providing information. The

24  presumption of good faith is not overcome if technical or

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

26  Highway Safety and Motor Vehicles, the Department of Law

27  Enforcement, the Department of Corrections, personnel of those

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

29  or upon the direction of those departments in compiling,

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

31  information is incomplete or incorrect because the information


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

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

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

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

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

 6  assist the sexual offender in eluding a law enforcement agency

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

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

 9  his or her noncompliance with the requirements of this

10  section:

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

12  the law enforcement agency about the sexual offender's

13  noncompliance with the requirements of this section and, if

14  known, the whereabouts of the sexual offender;

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

16  person in harboring or attempting to harbor the sexual

17  offender;

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

19  person in concealing or attempting to conceal the sexual

20  offender; or

21         (d)  Provides information to the law enforcement agency

22  regarding the sexual offender that the person knows to be

23  false

24  

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

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

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

28  the custody of a state correctional facility, a private

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

30  facility.

31  


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

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

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

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

 5  to reregister.

 6         (b)  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. Reregistration shall include any changes to the

10  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; name and address of each

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

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

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

19  a physical residential address.

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

21  carrying on a vocation at an institution of higher education

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

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

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

25  enrollment or employment status.

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

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

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

29  the vehicle identification number; the license tag number; the

30  registration number; and a description, including color

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


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

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

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

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

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

 6  registration number; and a description, including color

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

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

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

10  to any address verification correspondence from the department

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

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

13  775.082, s. 775.083, and s. 775.084.

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

15  electronically submit and update all information provided by

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

17  manner prescribed by that department.

18         Section 14.  Paragraph (g) of subsection (3) of section

19  921.0022, Florida Statutes, is amended to read:

20         921.0022  Criminal Punishment Code; offense severity

21  ranking chart.--

22         (3)  OFFENSE SEVERITY RANKING CHART

23  

24  Florida           Felony

25  Statute           Degree             Description

26  

27                     

28                              (g)  LEVEL 7

29  316.027(1)(b)      1st      Accident involving death, failure

30                              to stop; leaving scene.

31  


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 1  316.193(3)(c)2.    3rd      DUI resulting in serious bodily

 2                              injury.

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

 4                              death to another person; driving

 5                              at high speed or with wanton

 6                              disregard for safety while

 7                              fleeing or attempting to elude

 8                              law enforcement officer who is in

 9                              a patrol vehicle with siren and

10                              lights activated.

11  327.35(3)(c)2.     3rd      Vessel BUI resulting in serious

12                              bodily injury.

13  402.319(2)         2nd      Misrepresentation and negligence

14                              or intentional act resulting in

15                              great bodily harm, permanent

16                              disfiguration, permanent

17                              disability, or death.

18  409.920(2)         3rd      Medicaid provider fraud.

19  456.065(2)         3rd      Practicing a health care

20                              profession without a license.

21  456.065(2)         2nd      Practicing a health care

22                              profession without a license

23                              which results in serious bodily

24                              injury.

25  458.327(1)         3rd      Practicing medicine without a

26                              license.

27  459.013(1)         3rd      Practicing osteopathic medicine

28                              without a license.

29  460.411(1)         3rd      Practicing chiropractic medicine

30                              without a license.

31  


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 1  461.012(1)         3rd      Practicing podiatric medicine

 2                              without a license.

 3  462.17             3rd      Practicing naturopathy without a

 4                              license.

 5  463.015(1)         3rd      Practicing optometry without a

 6                              license.

 7  464.016(1)         3rd      Practicing nursing without a

 8                              license.

 9  465.015(2)         3rd      Practicing pharmacy without a

10                              license.

11  466.026(1)         3rd      Practicing dentistry or dental

12                              hygiene without a license.

13  467.201            3rd      Practicing midwifery without a

14                              license.

15  468.366            3rd      Delivering respiratory care

16                              services without a license.

17  483.828(1)         3rd      Practicing as clinical laboratory

18                              personnel without a license.

19  483.901(9)         3rd      Practicing medical physics

20                              without a license.

21  484.013(1)(c)      3rd      Preparing or dispensing optical

22                              devices without a prescription.

23  484.053            3rd      Dispensing hearing aids without a

24                              license.

25  494.0018(2)        1st      Conviction of any violation of

26                              ss. 494.001-494.0077 in which the

27                              total money and property

28                              unlawfully obtained exceeded

29                              $50,000 and there were five or

30                              more victims.

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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.

30  

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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.

29  

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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 15.  This act shall take effect July 1, 2007.

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