HB 665

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3amending s. 775.21, F.S.; revising sexual predator
4criteria; correcting a cross-reference; requiring sexual
5predators to register with the Department of Law
6Enforcement through a sheriff's office; deleting
7provisions allowing certain predators to have predator
8designation removed after a specified period; revising
9references to applicable federal law; revising provisions
10relating to verification of addresses; providing specified
11immunity to the Department of Juvenile Justice; amending
12s. 775.261, F.S.; conforming provisions; providing for
13application of a conforming amendment; amending s.
14943.0435, F.S.; revising criteria for sexual offender
15designation; revising the definition of the term
16"conviction"; revising reporting requirements; revising
17references to applicable federal law; revising provisions
18relating to verification of addresses; providing specified
19immunity to the Department of Juvenile Justice; revising
20provisions relating to petitions to allow certain
21offenders to remove the offender designation after a
22specified period; creating s. 943.44353, F.S.; requiring
23development and maintenance of a system to provide
24automatic notification of registration information
25regarding sexual predators and sexual offenders to the
26public; amending s. 943.0515, F.S.; requiring retention of
27records of minors adjudicated delinquent of specified
28sexual offenses; amending s. 944.606, F.S.; revising
29criteria for sexual offender designation; providing
30registration and notification duties for a custodian of a
31local jail regarding sexual offenders; amending s.
32944.607, F.S.; revising the definition of a sexual
33offender for notification purposes; revising duties of
34clerks of court; revising registration requirements;
35providing registration and notification duties for a
36custodian of a local jail regarding sexual offenders;
37providing specified immunity to the Department of Juvenile
38Justice; requiring more frequent reregistration for
39specified offenders; amending s. 985.04, F.S.; providing
40that specified sexual predator and offender registration
41information is public record; amending s. 985.045, F.S.;
42conforming a provision; creating s. 985.481, F.S.;
43providing for notification upon release of specified
44juvenile sexual offenders; providing for availability of
45specified information concerning such offenders; providing
46immunity for specified officials; creating s. 985.4815,
47F.S.; providing for notification to the Department of Law
48Enforcement concerning specified juvenile sexual
49offenders; providing definitions; providing duties of
50clerks of court; providing registration requirements;
51requiring specified information to be made available to
52the Department of Law Enforcement; providing duties of a
53custodian of a local jail; providing for forwarding of
54information for specified offenders under federal
55supervision; providing penalties for failure to comply
56with requirements; providing venue for prosecution of
57specified offenses; providing for the effect of certain
58actions; providing that registration following certain
59actions does not provide a defense to specified charges;
60providing immunity for specified agencies and persons for
61certain actions; prohibiting certain acts concerning
62offenders; providing criminal penalties; providing
63reporting requirements for offenders; providing an
64effective date.
65
66Be It Enacted by the Legislature of the State of Florida:
67
68     Section 1.  Paragraphs (a) and (c) of subsection (4),
69paragraphs (a), (e), and (l) of subsection (6), subsections (8)
70and (9), and paragraph (b) of subsection (10) of section 775.21,
71Florida Statutes, are amended to read:
72     775.21  The Florida Sexual Predators Act.--
73     (4)  SEXUAL PREDATOR CRITERIA.--
74     (a)  For a current offense committed on or after October 1,
751993, upon conviction, an offender shall be designated as a
76"sexual predator" under subsection (5), and subject to
77registration under subsection (6) and community and public
78notification under subsection (7) if:
79     1.  The felony is:
80     a.  A capital, life, or first-degree felony violation, or
81any attempt thereof, of s. 787.01 or s. 787.02, where the victim
82is a minor and the defendant is not the victim's parent or
83guardian, or of chapter 794, s. 800.04, or s. 847.0145, or a
84violation of a similar law of another jurisdiction; or
85     b.  Any felony violation, or any attempt thereof, of s.
86787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
87minor and the defendant is not the victim's parent or guardian;
88chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03;
89s. 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
90847.0145; or s. 985.701(1); or a violation of a similar law of
91another jurisdiction, and the offender has previously been
92convicted of or found to have committed, or has pled nolo
93contendere or guilty to, regardless of adjudication, any
94violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
95the victim is a minor and the defendant is not the victim's
96parent or guardian; s. 794.011(2), (3), (4), (5), or (8); s.
97794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
98827.071; s. 847.0133; s. 847.0135; s. 847.0145; or s.
99985.701(1); or a violation of a similar law of another
100jurisdiction;
101     2.  The offender has not received a pardon for any felony
102or similar law of another jurisdiction that is necessary for the
103operation of this paragraph; and
104     3.  A conviction of a felony or similar law of another
105jurisdiction necessary to the operation of this paragraph has
106not been set aside in any postconviction proceeding.
107     (c)  If an offender has been registered as a sexual
108predator by the Department of Corrections, the department, or
109any other law enforcement agency and if:
110     1.  The court did not, for whatever reason, make a written
111finding at the time of sentencing that the offender was a sexual
112predator; or
113     2.  The offender was administratively registered as a
114sexual predator because the Department of Corrections, the
115department, or any other law enforcement agency obtained
116information that indicated that the offender met the criteria
117for designation as a sexual predator based on a violation of a
118similar law in another jurisdiction,
119
120the department shall remove that offender from the department's
121list of sexual predators and, for an offender described under
122subparagraph 1., shall notify the state attorney who prosecuted
123the offense that met the criteria for administrative designation
124as a sexual predator, and, for an offender described under this
125paragraph subparagraph, shall notify the state attorney of the
126county where the offender establishes or maintains a permanent
127or temporary residence. The state attorney shall bring the
128matter to the court's attention in order to establish that the
129offender meets the criteria for designation as a sexual
130predator. If the court makes a written finding that the offender
131is a sexual predator, the offender must be designated as a
132sexual predator, must register or be registered as a sexual
133predator with the department as provided in subsection (6), and
134is subject to the community and public notification as provided
135in subsection (7). If the court does not make a written finding
136that the offender is a sexual predator, the offender may not be
137designated as a sexual predator with respect to that offense and
138is not required to register or be registered as a sexual
139predator with the department.
140     (6)  REGISTRATION.--
141     (a)  A sexual predator must register with the department
142through the sheriff's office by providing the following
143information to the department:
144     1.  Name, social security number, age, race, sex, date of
145birth, height, weight, hair and eye color, photograph, address
146of legal residence and address of any current temporary
147residence, within the state or out of state, including a rural
148route address and a post office box, date and place of any
149employment, date and place of each conviction, fingerprints, and
150a brief description of the crime or crimes committed by the
151offender. A post office box shall not be provided in lieu of a
152physical residential address.
153     a.  If the sexual predator's place of residence is a motor
154vehicle, trailer, mobile home, or manufactured home, as defined
155in chapter 320, the sexual predator shall also provide to the
156department written notice of the vehicle identification number;
157the license tag number; the registration number; and a
158description, including color scheme, of the motor vehicle,
159trailer, mobile home, or manufactured home. If a sexual
160predator's place of residence is a vessel, live-aboard vessel,
161or houseboat, as defined in chapter 327, the sexual predator
162shall also provide to the department written notice of the hull
163identification number; the manufacturer's serial number; the
164name of the vessel, live-aboard vessel, or houseboat; the
165registration number; and a description, including color scheme,
166of the vessel, live-aboard vessel, or houseboat.
167     b.  If the sexual predator is enrolled, employed, or
168carrying on a vocation at an institution of higher education in
169this state, the sexual predator shall also provide to the
170department the name, address, and county of each institution,
171including each campus attended, and the sexual predator's
172enrollment or employment status. Each change in enrollment or
173employment status shall be reported in person at the sheriff's
174office, or the Department of Corrections if the sexual predator
175is in the custody or control of or under the supervision of the
176Department of Corrections, within 48 hours after any change in
177status. The sheriff or the Department of Corrections shall
178promptly notify each institution of the sexual predator's
179presence and any change in the sexual predator's enrollment or
180employment status.
181     2.  Any other information determined necessary by the
182department, including criminal and corrections records;
183nonprivileged personnel and treatment records; and evidentiary
184genetic markers when available.
185     (e)1.  If the sexual predator is not in the custody or
186control of, or under the supervision of, the Department of
187Corrections, or is not in the custody of a private correctional
188facility, the sexual predator shall register:
189     a.  At the sheriff's office in the county where he or she
190was sentenced within 48 hours after sentencing for an offense
191specified in this subsection; or
192     b.  At the sheriff's office in the county where he or she
193establishes or maintains a residence within 48 hours after
194establishing or maintaining a residence in the state.
195     2.  and establishes or maintains a residence in the state,
196the sexual predator shall register in person at the sheriff's
197office in the county in which the predator establishes or
198maintains a residence, within 48 hours after establishing
199permanent or temporary residence in this state. Any change in
200the sexual predator's permanent or temporary residence or name,
201after the sexual predator registers in person at the sheriff's
202office, shall be accomplished in the manner provided in
203paragraphs (g), (i), and (j). When a sexual predator registers
204with the sheriff's office, the sheriff shall take a photograph
205and a set of fingerprints of the predator and forward the
206photographs and fingerprints to the department, along with the
207information that the predator is required to provide pursuant to
208this section.
209     (l)  A sexual predator must maintain registration with the
210department for the duration of his or her life, unless the
211sexual predator has received a full pardon or has had a
212conviction set aside in a postconviction proceeding for any
213offense that met the criteria for the sexual predator
214designation. However, a sexual predator who was designated as a
215sexual predator by a court before October 1, 1998, and who has
216been lawfully released from confinement, supervision, or
217sanction, whichever is later, for at least 10 years and has not
218been arrested for any felony or misdemeanor offense since
219release, may petition the criminal division of the circuit court
220in the circuit in which the sexual predator resides for the
221purpose of removing the sexual predator designation. A sexual
222predator who was designated a sexual predator by a court on or
223after October 1, 1998, who has been lawfully released from
224confinement, supervision, or sanction, whichever is later, for
225at least 20 years, and who has not been arrested for any felony
226or misdemeanor offense since release may petition the criminal
227division of the circuit court in the circuit in which the sexual
228predator resides for the purpose of removing the sexual predator
229designation. A sexual predator who was designated as a sexual
230predator by a court on or after September 1, 2005, who has been
231lawfully released from confinement, supervision, or sanction,
232whichever is later, for at least 30 years, and who has not been
233arrested for any felony or misdemeanor offense since release may
234petition the criminal division of the circuit court in the
235circuit in which the sexual predator resides for the purpose of
236removing the sexual predator designation. The court may grant or
237deny such relief if the petitioner demonstrates to the court
238that he or she has not been arrested for any crime since
239release, the requested relief complies with the provisions of
240the federal Jacob Wetterling Act, as amended, and any other
241federal standards applicable to the removal of the designation
242as a sexual predator or required to be met as a condition for
243the receipt of federal funds by the state, and the court is
244otherwise satisfied that the petitioner is not a current or
245potential threat to public safety. The state attorney in the
246circuit in which the petition is filed must be given notice of
247the petition at least 3 weeks before the hearing on the matter.
248The state attorney may present evidence in opposition to the
249requested relief or may otherwise demonstrate the reasons why
250the petition should be denied. If the court denies the petition,
251the court may set a future date at which the sexual predator may
252again petition the court for relief, subject to the standards
253for relief provided in this paragraph. Unless specified in the
254order, a sexual predator who is granted relief under this
255paragraph must comply with the requirements for registration as
256a sexual offender and other requirements provided under s.
257943.0435 or s. 944.607. If a petitioner obtains an order from
258the court that imposed the order designating the petitioner as a
259sexual predator which removes such designation, the petitioner
260shall forward a certified copy of the written findings or order
261to the department in order to have the sexual predator
262designation removed from the sexual predator registry.
263
264The sheriff shall promptly provide to the department the
265information received from the sexual predator.
266     (8)  VERIFICATION.--The department and the Department of
267Corrections shall implement a system for verifying the addresses
268of sexual predators. The system must be consistent with the
269provisions of the federal Adam Walsh Child Protection and Safety
270Act of 2006 Jacob Wetterling Act, as amended, and any other
271federal standards applicable to such verification or required to
272be met as a condition for the receipt of federal funds by the
273state. The Department of Corrections shall verify the addresses
274of sexual predators who are not incarcerated but who reside in
275the community under the supervision of the Department of
276Corrections and shall report to the department any failure by a
277sexual predator to comply with registration requirements. County
278and local law enforcement agencies, in conjunction with the
279department, shall verify the addresses of sexual predators who
280are not under the care, custody, control, or supervision of the
281Department of Corrections. Local law enforcement agencies shall
282report to the department any failure by a sexual predator to
283comply with registration requirements.
284     (a)  A sexual predator must report in person each year
285during the month of the sexual predator's birthday and during
286every third the sixth month thereafter following the sexual
287predator's birth month to the sheriff's office in the county in
288which he or she resides or is otherwise located to reregister.
289The sheriff's office may determine the appropriate times and
290days for reporting by the sexual predator, which shall be
291consistent with the reporting requirements of this paragraph.
292Reregistration shall include any changes to the following
293information:
294     1.  Name; social security number; age; race; sex; date of
295birth; height; weight; hair and eye color; address of any
296permanent residence and address of any current temporary
297residence, within the state or out of state, including a rural
298route address and a post office box; date and place of any
299employment; vehicle make, model, color, and license tag number;
300fingerprints; and photograph. A post office box shall not be
301provided in lieu of a physical residential address.
302     2.  If the sexual predator is enrolled, employed, or
303carrying on a vocation at an institution of higher education in
304this state, the sexual predator shall also provide to the
305department the name, address, and county of each institution,
306including each campus attended, and the sexual predator's
307enrollment or employment status.
308     3.  If the sexual predator's place of residence is a motor
309vehicle, trailer, mobile home, or manufactured home, as defined
310in chapter 320, the sexual predator shall also provide the
311vehicle identification number; the license tag number; the
312registration number; and a description, including color scheme,
313of the motor vehicle, trailer, mobile home, or manufactured
314home. If the sexual predator's place of residence is a vessel,
315live-aboard vessel, or houseboat, as defined in chapter 327, the
316sexual predator shall also provide the hull identification
317number; the manufacturer's serial number; the name of the
318vessel, live-aboard vessel, or houseboat; the registration
319number; and a description, including color scheme, of the
320vessel, live-aboard vessel, or houseboat.
321     (b)  The sheriff's office shall, within 2 working days,
322electronically submit and update all information provided by the
323sexual predator to the department in a manner prescribed by the
324department. This procedure shall be implemented by December 1,
3252005.
326     (9)  IMMUNITY.--The department, the Department of Highway
327Safety and Motor Vehicles, the Department of Corrections, the
328Department of Juvenile Justice, any law enforcement agency in
329this state, and the personnel of those departments; an elected
330or appointed official, public employee, or school administrator;
331or an employee, agency, or any individual or entity acting at
332the request or upon the direction of any law enforcement agency
333is immune from civil liability for damages for good faith
334compliance with the requirements of this section or for the
335release of information under this section, and shall be presumed
336to have acted in good faith in compiling, recording, reporting,
337or releasing the information. The presumption of good faith is
338not overcome if a technical or clerical error is made by the
339department, the Department of Highway Safety and Motor Vehicles,
340the Department of Corrections, the Department of Juvenile
341Justice, the personnel of those departments, or any individual
342or entity acting at the request or upon the direction of any of
343those departments in compiling or providing information, or if
344information is incomplete or incorrect because a sexual predator
345fails to report or falsely reports his or her current place of
346permanent or temporary residence.
347     (10)  PENALTIES.--
348     (b)  A sexual predator who has been convicted of or found
349to have committed, or has pled nolo contendere or guilty to,
350regardless of adjudication, any violation, or attempted
351violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
352the victim is a minor and the defendant is not the victim's
353parent or guardian; s. 794.011(2), (3), (4), (5), or (8); s.
354794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s.
355847.0133; s. 847.0145; or s. 985.701(1); or a violation of a
356similar law of another jurisdiction when the victim of the
357offense was a minor, and who works, whether for compensation or
358as a volunteer, at any business, school, day care center, park,
359playground, or other place where children regularly congregate,
360commits a felony of the third degree, punishable as provided in
361s. 775.082, s. 775.083, or s. 775.084.
362     Section 2.  Paragraph (b) of subsection (3) of section
363775.261, Florida Statutes, is amended to read:
364     775.261  The Florida Career Offender Registration Act.--
365     (3)  CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.--
366     (b)  This section does not apply to any person who has been
367designated as a sexual predator and required to register under
368s. 775.21 or who is required to register as a sexual offender
369under s. 943.0435 or s. 944.607. However, if a person is no
370longer required to register as a sexual predator under s. 775.21
371or as a sexual offender under s. 943.0435 or s. 944.607, the
372person must register as a career offender under this section if
373the person is otherwise designated as a career offender as
374provided in this section.
375     Section 3.  The amendment to section 775.261, Florida
376Statutes, made by this act applies prospectively and does not
377apply to a person whose requirement to register as a sexual
378predator under s. 775.21, Florida Statutes, was removed prior to
379the amendments to s. 775.21(6)(l), Florida Statutes, made by
380this act.
381     Section 4.  Paragraphs (a) and (b) of subsection (1) and
382subsections (2), (6), (10), (11), and (14) of section 943.0435,
383Florida Statutes, are amended to read:
384     943.0435  Sexual offenders required to register with the
385department; penalty.--
386     (1)  As used in this section, the term:
387     (a)1.  "Sexual offender" means a person who meets the
388criteria in sub-subparagraph a., sub-subparagraph b., sub-
389subparagraph c., or sub-subparagraph d. subparagraph 1.,
390subparagraph 2., or subparagraph 3., as follows:
391     a.(I)1.a.  Has been convicted of committing, or attempting,
392soliciting, or conspiring to commit, any of the criminal
393offenses proscribed in the following statutes in this state or
394similar offenses in another jurisdiction: s. 787.01, s. 787.02,
395or s. 787.025(2)(c), where the victim is a minor and the
396defendant is not the victim's parent or guardian; chapter 794,
397excluding ss. 794.011(10), and 794.0235, 794.024, 794.027,
398794.03, 794.05, 794.065, and 794.075; s. 796.03; s. 796.035; s.
399800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
400847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
401similar offense committed in this state which has been
402redesignated from a former statute number to one of those listed
403in this sub-sub-subparagraph sub-subparagraph; and
404     (II)b.  Has been released on or after October 1, 1997, from
405the sanction imposed for any conviction of an offense described
406in sub-sub-subparagraph (I) sub-subparagraph a. For purposes of
407sub-sub-subparagraph (I) sub-subparagraph a., a sanction imposed
408in this state or in any other jurisdiction includes, but is not
409limited to, a fine, probation, community control, parole,
410conditional release, control release, or incarceration in a
411state prison, federal prison, private correctional facility, or
412local detention facility;
413     b.2.  Establishes or maintains a residence in this state
414and who has not been designated as a sexual predator by a court
415of this state but who has been designated as a sexual predator,
416as a sexually violent predator, or by another sexual offender
417designation in another state or jurisdiction and was, as a
418result of such designation, subjected to registration or
419community or public notification, or both, or would be if the
420person were a resident of that state or jurisdiction, without
421regard to whether the person otherwise meets the criteria for
422registration as a sexual offender; or
423     c.3.  Establishes or maintains a residence in this state
424who is in the custody or control of, or under the supervision
425of, any other state or jurisdiction as a result of a conviction
426for committing, or attempting, soliciting, or conspiring to
427commit, any of the criminal offenses proscribed in the following
428statutes or similar offense in another jurisdiction: s. 787.01,
429s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
430the defendant is not the victim's parent or guardian; chapter
431794, excluding ss. 794.011(10), and 794.0235, 794.024, 794.027,
432794.03, 794.05, 794.065, and 794.075; s. 796.03; s. 796.035; s.
433800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s.
434847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
435similar offense committed in this state which has been
436redesignated from a former statute number to one of those listed
437in this sub-subparagraph subparagraph.
438     d.  Has been adjudicated delinquent for a violation
439committed on or after July 1, 2007, of chapter 794, excluding
440ss. 794.011(10), 794.0235, 794.024, 794.027, 794.03, 794.05,
441794.065, and 794.075; any violation of s. 800.04 where the court
442finds the use of force, threat, or coercion by the offender, or
443resulting physical injury to the victim, or that the victim was
444unconscious, substantially impaired, or suffered a physical or
445mental disability resulting in a failure to appraise or control
446the situation; or any attempt or conspiracy to commit such
447offense or a violation of a similar law of another jurisdiction,
448when the juvenile was 14 years of age or older at the time of
449the offense.
450     2.  A person does not meet the criteria for sexual offender
451designation and registration when the person was convicted of a
452first-time offense for sexual activity, lewd or lascivious
453molestation, or lewd or lascivious conduct in the following
454circumstances:
455     a.  The victim was 13 years of age or older and the
456offender was not more than 4 years older than the victim.
457     b.  The court makes factual findings that:
458     (I)  The sexual activity, lewd or lascivious molestation,
459or lewd or lascivious conduct did not involve the use of force,
460threat, or coercion by the offender or result in physical injury
461to the victim.
462     (II)  The victim was not unconscious or substantially
463impaired of physical or mental ability to appraise or control
464the situation.
465     (b)  "Convicted" means that there has been a determination
466of guilt as a result of a trial or the entry of a plea of guilty
467or nolo contendere, regardless of whether adjudication is
468withheld, and includes an adjudication of delinquency of a
469juvenile as specified in this section. Conviction of a similar
470offense includes, but is not limited to, a conviction by a
471federal or military tribunal, including courts-martial conducted
472by the Armed Forces of the United States, and includes a
473conviction or entry of a plea of guilty or nolo contendere
474resulting in a sanction in any state of the United States or
475other jurisdiction. A sanction includes, but is not limited to,
476a fine, probation, community control, parole, conditional
477release, control release, or incarceration in a state prison,
478federal prison, private correctional facility, or local
479detention facility.
480     (2)  A sexual offender shall:
481     (a)  Report in person at the sheriff's office in the county
482in which the offender establishes or maintains a permanent or
483temporary residence and within 48 hours after being sentenced
484for a qualifying offense for registration under this section,
485within 48 hours after establishing permanent or temporary
486residence in this state, or within 48 hours after being released
487from the custody, control, or supervision of the Department of
488Corrections or from the custody of a private correctional
489facility. Any change in the sexual offender's permanent or
490temporary residence or name, after the sexual offender reports
491in person at the sheriff's office, shall be accomplished in the
492manner provided in subsections (4), (7), and (8).
493     (b)  Provide his or her name, date of birth, social
494security number, race, sex, height, weight, hair and eye color,
495tattoos or other identifying marks, occupation and place of
496employment, address of permanent or legal residence or address
497of any current temporary residence, within the state and out of
498state, including a rural route address and a post office box,
499date and place of each conviction, and a brief description of
500the crime or crimes committed by the offender. A post office box
501shall not be provided in lieu of a physical residential address.
502     1.  If the sexual offender's place of residence is a motor
503vehicle, trailer, mobile home, or manufactured home, as defined
504in chapter 320, the sexual offender shall also provide to the
505department through the sheriff's office written notice of the
506vehicle identification number; the license tag number; the
507registration number; and a description, including color scheme,
508of the motor vehicle, trailer, mobile home, or manufactured
509home. If the sexual offender's place of residence is a vessel,
510live-aboard vessel, or houseboat, as defined in chapter 327, the
511sexual offender shall also provide to the department written
512notice of the hull identification number; the manufacturer's
513serial number; the name of the vessel, live-aboard vessel, or
514houseboat; the registration number; and a description, including
515color scheme, of the vessel, live-aboard vessel, or houseboat.
516     2.  If the sexual offender is enrolled, employed, or
517carrying on a vocation at an institution of higher education in
518this state, the sexual offender shall also provide to the
519department through the sheriff's office the name, address, and
520county of each institution, including each campus attended, and
521the sexual offender's enrollment or employment status. Each
522change in enrollment or employment status shall be reported in
523person at the sheriff's office, within 48 hours after any change
524in status. The sheriff shall promptly notify each institution of
525the sexual offender's presence and any change in the sexual
526offender's enrollment or employment status.
527
528When a sexual offender reports at the sheriff's office, the
529sheriff shall take a photograph and a set of fingerprints of the
530offender and forward the photographs and fingerprints to the
531department, along with the information provided by the sexual
532offender. The sheriff shall promptly provide to the department
533the information received from the sexual offender.
534     (6)  County and local law enforcement agencies, in
535conjunction with the department, shall verify the addresses of
536sexual offenders who are not under the care, custody, control,
537or supervision of the Department of Corrections in a manner that
538is consistent with the provisions of the federal Adam Walsh
539Child Protection and Safety Act of 2006 Jacob Wetterling Act, as
540amended, and any other federal standards applicable to such
541verification or required to be met as a condition for the
542receipt of federal funds by the state. Local law enforcement
543agencies shall report to the department any failure by a sexual
544predator to comply with registration requirements.
545     (10)  The department, the Department of Highway Safety and
546Motor Vehicles, the Department of Corrections, the Department of
547Juvenile Justice, any law enforcement agency in this state, and
548the personnel of those departments; an elected or appointed
549official, public employee, or school administrator; or an
550employee, agency, or any individual or entity acting at the
551request or upon the direction of any law enforcement agency is
552immune from civil liability for damages for good faith
553compliance with the requirements of this section or for the
554release of information under this section, and shall be presumed
555to have acted in good faith in compiling, recording, reporting,
556or releasing the information. The presumption of good faith is
557not overcome if a technical or clerical error is made by the
558department, the Department of Highway Safety and Motor Vehicles,
559the Department of Corrections, the Department of Juvenile
560Justice, the personnel of those departments, or any individual
561or entity acting at the request or upon the direction of any of
562those departments in compiling or providing information, or if
563information is incomplete or incorrect because a sexual offender
564fails to report or falsely reports his or her current place of
565permanent or temporary residence.
566     (11)  A sexual offender must maintain registration with the
567department for the duration of his or her life, unless the
568sexual offender has received a full pardon or has had a
569conviction set aside in a postconviction proceeding for any
570offense that meets the criteria for classifying the person as a
571sexual offender for purposes of registration. However, a sexual
572offender:
573     (a)1.  Who has been lawfully released from confinement,
574supervision, or sanction, whichever is later, for at least 25 20
575years and has not been arrested for any felony or misdemeanor
576offense since release, provided that the sexual offender's
577requirement to register was not based upon an adult conviction
578for a violation of s. 787.01; s. 787.02; or chapter 794,
579excluding s. 794.05; any violation of s. 800.04 where the court
580finds the use of force, threat, or coercion by the offender, or
581resulting physical injury to the victim, or that the victim was
582unconscious, substantially impaired, or suffered a physical or
583mental disability resulting in a failure to appraise or control
584the situation; a violation of s. 800.04(5)(b); or any attempt or
585conspiracy to commit such offense or a violation of a similar
586law of another jurisdiction,; or
587     (b)  Who was 18 years of age or under at the time the
588offense was committed and the victim was 12 years of age or
589older and adjudication was withheld for that offense, who is
590released from all sanctions, who has had 10 years elapse since
591having been placed on probation, and who has not been arrested
592for any felony or misdemeanor offense since the date of
593conviction of the qualifying offense
594
595may petition the criminal division of the circuit court of the
596circuit in which the sexual offender resides for the purpose of
597removing the requirement for registration as a sexual offender.
598     2.  The court may grant or deny such relief if the offender
599demonstrates to the court that he or she has not been arrested
600for any crime since release; the requested relief complies with
601the provisions of the federal Adam Walsh Child Protection and
602Safety Act of 2006 Jacob Wetterling Act, as amended, and any
603other federal standards applicable to the removal of
604registration requirements for a sexual offender or required to
605be met as a condition for the receipt of federal funds by the
606state; and the court is otherwise satisfied that the offender is
607not a current or potential threat to public safety. The state
608attorney in the circuit in which the petition is filed must be
609given notice of the petition at least 3 weeks before the hearing
610on the matter. The state attorney may present evidence in
611opposition to the requested relief or may otherwise demonstrate
612the reasons why the petition should be denied. If the court
613denies the petition, the court may set a future date at which
614the sexual offender may again petition the court for relief,
615subject to the standards for relief provided in this subsection.
616     3.  The department shall remove an offender from
617classification as a sexual offender for purposes of registration
618if the offender provides to the department a certified copy of
619the court's written findings or order that indicates that the
620offender is no longer required to comply with the requirements
621for registration as a sexual offender.
622     (b)(c)  As defined in sub-subparagraph (1)(a)1.b.
623subparagraph (1)(a)2. must maintain registration with the
624department for the duration of his or her life until the person
625provides the department with an order issued by the court that
626designated the person as a sexual predator, as a sexually
627violent predator, or by another sexual offender designation in
628the state or jurisdiction in which the order was issued which
629states that such designation has been removed or demonstrates to
630the department that such designation, if not imposed by a court,
631has been removed by operation of law or court order in the state
632or jurisdiction in which the designation was made, and provided
633such person no longer meets the criteria for registration as a
634sexual offender under the laws of this state.
635     (14)(a)  A sexual offender must report in person each year
636during the month of the sexual offender's birthday and during
637the sixth month following the sexual offender's birth month to
638the sheriff's office in the county in which he or she resides or
639is otherwise located to reregister.
640     (b)  However, a sexual offender who is required to register
641as a result of a conviction for a violation of s. 787.01 or s.
642787.02 where the victim is a minor and the offender is not the
643victim's parent or guardian; a violation of chapter 794,
644excluding ss. 794.011(10), 794.0235, 794.024, 794.027, 794.03,
645794.05, 794.065, and 794.075; any violation of s. 800.04 where
646the court finds the use of force, threat, or coercion by the
647offender, or resulting physical injury to the victim, or that
648the victim was unconscious, substantially impaired, or suffered
649a physical or mental disability resulting in a failure to
650appraise or control the situation; a violation of s.
651800.04(5)(b); or any attempt or conspiracy to commit such
652offense or a violation of a similar law of another jurisdiction
653must reregister each year during the month of the sexual
654offender's birthday and every third month thereafter.
655     (c)  The sheriff's office may determine the appropriate
656times and days for reporting by the sexual offender, which shall
657be consistent with the reporting requirements of this subsection
658paragraph. Reregistration shall include any changes to the
659following information:
660     1.  Name; social security number; age; race; sex; date of
661birth; height; weight; hair and eye color; address of any
662permanent residence and address of any current temporary
663residence, within the state or out of state, including a rural
664route address and a post office box; date and place of any
665employment; vehicle make, model, color, and license tag number;
666fingerprints; and photograph. A post office box shall not be
667provided in lieu of a physical residential address.
668     2.  If the sexual offender is enrolled, employed, or
669carrying on a vocation at an institution of higher education in
670this state, the sexual offender shall also provide to the
671department the name, address, and county of each institution,
672including each campus attended, and the sexual offender's
673enrollment or employment status.
674     3.  If the sexual offender's place of residence is a motor
675vehicle, trailer, mobile home, or manufactured home, as defined
676in chapter 320, the sexual offender shall also provide the
677vehicle identification number; the license tag number; the
678registration number; and a description, including color scheme,
679of the motor vehicle, trailer, mobile home, or manufactured
680home. If the sexual offender's place of residence is a vessel,
681live-aboard vessel, or houseboat, as defined in chapter 327, the
682sexual offender shall also provide the hull identification
683number; the manufacturer's serial number; the name of the
684vessel, live-aboard vessel, or houseboat; the registration
685number; and a description, including color scheme, of the
686vessel, live-aboard vessel or houseboat.
687     4.  Any sexual offender who fails to report in person as
688required at the sheriff's office, or who fails to respond to any
689address verification correspondence from the department within 3
690weeks of the date of the correspondence, commits a felony of the
691third degree, punishable as provided in s. 775.082, s. 775.083,
692or s. 775.084.
693     (d)(b)  The sheriff's office shall, within 2 working days,
694electronically submit and update all information provided by the
695sexual offender to the department in a manner prescribed by the
696department. This procedure shall be implemented by December 1,
6972005.
698     Section 5.  Section 943.44353, Florida Statutes, is created
699to read:
700     943.44353  Automatic notification of registration
701information regarding sexual predators and offenders.--
702     (1)  The department shall develop and maintain a system to
703provide automatic notification of registration information
704regarding sexual predators and sexual offenders to the public.
705     (2)  In accordance with the federal Adam Walsh Child
706Protection and Safety Act of 2006, schools, public housing
707agencies, agencies responsible for conducting employment-related
708background checks under s. 3 of the National Child Protection
709Act of 1993, 42 U.S.C. s. 5119a, as amended, social service
710entities responsible for protecting minors in the child welfare
711system, volunteer organizations in which contact with minors or
712other vulnerable individuals might occur, and any other such
713organization, company, or individual shall have access to the
714notification system.
715     Section 6.  Subsection (3) is added to section 943.0515,
716Florida Statutes, to read:
717     943.0515  Retention of criminal history records of
718minors.--
719     (3)  Notwithstanding any other provision of this section,
720the Criminal Justice Information Program shall retain the
721criminal history record of a minor adjudicated delinquent for a
722violation committed on or after July 1, 2007, of chapter 794,
723excluding ss. 794.0235, 794.024, 794.027, 794.03, 794.05,
724794.065, and 794.075; any violation of s. 800.04 where the court
725finds the use of force, threat, or coercion by the offender, or
726resulting physical injury to the victim, or that the victim was
727unconscious, substantially impaired, or suffered a physical or
728mental disability resulting in a failure to appraise or control
729the situation; or any attempt or conspiracy to commit such
730offense, when the minor was 14 years of age or older at the time
731of the offense. Such records shall not be destroyed and must be
732merged with the person's adult criminal history record and
733retained as a part of the person's adult record.
734     Section 7.  Paragraph (b) of subsection (1) and paragraph
735(a) of subsection (3) of section 944.606, Florida Statutes, are
736amended to read:
737     944.606  Sexual offenders; notification upon release.--
738     (1)  As used in this section:
739     (b)  "Sexual offender" means a person who has been
740convicted of committing, or attempting, soliciting, or
741conspiring to commit, any of the criminal offenses proscribed in
742the following statutes in this state or similar offenses in
743another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
744where the victim is a minor and the defendant is not the
745victim's parent or guardian; chapter 794, excluding ss.
746794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s.
747825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s.
748847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
749committed in this state which has been redesignated from a
750former statute number to one of those listed in this subsection,
751when the department has received verified information regarding
752such conviction; an offender's computerized criminal history
753record is not, in and of itself, verified information.
754     (3)(a)  The department must provide information regarding
755any sexual offender who is being released after serving a period
756of incarceration for any offense, as follows:
757     1.  The department must provide: the sexual offender's
758name, any change in the offender's name by reason of marriage or
759other legal process, and any alias, if known; the correctional
760facility from which the sexual offender is released; the sexual
761offender's social security number, race, sex, date of birth,
762height, weight, and hair and eye color; date and county of
763sentence and each crime for which the offender was sentenced; a
764copy of the offender's fingerprints and a digitized photograph
765taken within 60 days before release; the date of release of the
766sexual offender; and the offender's intended residence address,
767if known. The department shall notify the Department of Law
768Enforcement if the sexual offender escapes, absconds, or dies.
769If the sexual offender is in the custody of a private
770correctional facility, the facility shall take the digitized
771photograph of the sexual offender within 60 days before the
772sexual offender's release and provide this photograph to the
773Department of Corrections and also place it in the sexual
774offender's file. If the sexual offender is in the custody of a
775local jail, the custodian of the local jail shall register the
776offender within 3 business days after intake of the offender for
777any reason and, upon release, notify the Department of Law
778Enforcement of the sexual offender's release and provide to the
779Department of Law Enforcement the information specified in this
780paragraph and any information specified in subparagraph 2. that
781the Department of Law Enforcement requests.
782     2.  The department may provide any other information deemed
783necessary, including criminal and corrections records,
784nonprivileged personnel and treatment records, when available.
785     Section 8.  Paragraph (a) of subsection (1) and subsections
786(3), (4), (7), (11), and (13) of section 944.607, Florida
787Statutes, are amended to read:
788     944.607  Notification to Department of Law Enforcement of
789information on sexual offenders.--
790     (1)  As used in this section, the term:
791     (a)  "Sexual offender" means a person who is in the custody
792or control of, or under the supervision of, the department or is
793in the custody of a private correctional facility:
794     1.  On or after October 1, 1997, as a result of a
795conviction for committing, or attempting, soliciting, or
796conspiring to commit, any of the criminal offenses proscribed in
797the following statutes in this state or similar offenses in
798another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
799where the victim is a minor and the defendant is not the
800victim's parent or guardian; chapter 794, excluding ss.
801794.011(10), and 794.0235, 794.024, 794.027, 794.03, 794.05,
802794.065, and 794.075; s. 796.03; s. 796.035; s. 800.04; s.
803825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s.
804847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
805committed in this state which has been redesignated from a
806former statute number to one of those listed in this paragraph;
807or
808     2.  Who establishes or maintains a residence in this state
809and who has not been designated as a sexual predator by a court
810of this state but who has been designated as a sexual predator,
811as a sexually violent predator, or by another sexual offender
812designation in another state or jurisdiction and was, as a
813result of such designation, subjected to registration or
814community or public notification, or both, or would be if the
815person were a resident of that state or jurisdiction, without
816regard as to whether the person otherwise meets the criteria for
817registration as a sexual offender.
818     (3)  If a sexual offender is not sentenced to a term of
819imprisonment, the clerk of the court shall ensure that the
820sexual offender's fingerprints and sexual offender registration
821are taken and forwarded to the Department of Law Enforcement
822within 48 hours after the court sentences the offender. The
823fingerprint card shall be clearly marked "Sexual Offender
824Registration Card."
825     (4)  A sexual offender, as described in this section, who
826is under the supervision of the Department of Corrections but is
827not incarcerated must register with the Department of
828Corrections within 3 business days after sentencing for a
829registerable offense and otherwise provide information as
830required by this subsection.
831     (a)  The sexual offender shall provide his or her name;
832date of birth; social security number; race; sex; height;
833weight; hair and eye color; tattoos or other identifying marks;
834and permanent or legal residence and address of temporary
835residence within the state or out of state while the sexual
836offender is under supervision in this state, including any rural
837route address or post office box. The Department of Corrections
838shall verify the address of each sexual offender in the manner
839described in ss. 775.21 and 943.0435. The department shall
840report to the Department of Law Enforcement any failure by a
841sexual predator or sexual offender to comply with registration
842requirements.
843     (b)  If the sexual offender is enrolled, employed, or
844carrying on a vocation at an institution of higher education in
845this state, the sexual offender shall provide the name, address,
846and county of each institution, including each campus attended,
847and the sexual offender's enrollment or employment status. Each
848change in enrollment or employment status shall be reported to
849the department within 48 hours after the change in status. The
850Department of Corrections shall promptly notify each institution
851of the sexual offender's presence and any change in the sexual
852offender's enrollment or employment status.
853     (7)  If the sexual offender is in the custody of a local
854jail, the custodian of the local jail shall register the
855offender within 3 business days of intake of the offender for
856any reason and, upon release, forward the information to the
857Department of Law Enforcement. The custodian of the local jail
858shall also take a digitized photograph of the sexual offender
859while the offender remains in custody and shall provide the
860digitized photograph to the Department of Law Enforcement.
861     (11)  The department, the Department of Highway Safety and
862Motor Vehicles, the Department of Law Enforcement, the
863Department of Corrections, the Department of Juvenile Justice,
864personnel of those departments, and any individual or entity
865acting at the request or upon the direction of those departments
866are immune from civil liability for damages for good faith
867compliance with this section, and shall be presumed to have
868acted in good faith in compiling, recording, reporting, or
869providing information. The presumption of good faith is not
870overcome if technical or clerical errors are made by the
871department, the Department of Highway Safety and Motor Vehicles,
872the Department of Law Enforcement, the Department of Juvenile
873Justice, personnel of those departments, or any individual or
874entity acting at the request or upon the direction of those
875departments in compiling, recording, reporting, or providing
876information, or, if the information is incomplete or incorrect
877because the information has not been provided by a person or
878agency required to provide the information, or because the
879information was not reported or was falsely reported.
880     (13)(a)  A sexual offender must report in person each year
881during the month of the sexual offender's birthday and during
882the sixth month following the sexual offender's birth month to
883the sheriff's office in the county in which he or she resides or
884is otherwise located to reregister.
885     (b)  However, a sexual offender who is required to register
886as a result of a conviction for a violation of s. 787.01 or s.
887787.02 where the victim is a minor and the offender is not the
888victim's parent or guardian; a violation of chapter 794,
889excluding ss. 794.011(10), 794.0235, 794.024, 794.027, 794.03,
890794.05, 794.065, and 794.075; any violation of s. 800.04 where
891the court finds the use of force, threat, or coercion by the
892offender, or resulting physical injury to the victim, or that
893the victim was unconscious, substantially impaired, or suffered
894a physical or mental disability resulting in a failure to
895appraise or control the situation; a violation of s.
896800.04(5)(b); or any attempt or conspiracy to commit such
897offense or a violation of a similar law of another jurisdiction
898must reregister each year during the month of the sexual
899offender's birthday and every third month thereafter.
900     (c)  The sheriff's office may determine the appropriate
901times and days for reporting by the sexual offender, which shall
902be consistent with the reporting requirements of this subsection
903paragraph. Reregistration shall include any changes to the
904following information:
905     1.  Name; social security number; age; race; sex; date of
906birth; height; weight; hair and eye color; address of any
907permanent residence and address of any current temporary
908residence, within the state or out of state, including a rural
909route address and a post office box; date and place of any
910employment; vehicle make, model, color, and license tag number;
911fingerprints; and photograph. A post office box shall not be
912provided in lieu of a physical residential address.
913     2.  If the sexual offender is enrolled, employed, or
914carrying on a vocation at an institution of higher education in
915this state, the sexual offender shall also provide to the
916department the name, address, and county of each institution,
917including each campus attended, and the sexual offender's
918enrollment or employment status.
919     3.  If the sexual offender's place of residence is a motor
920vehicle, trailer, mobile home, or manufactured home, as defined
921in chapter 320, the sexual offender shall also provide the
922vehicle identification number; the license tag number; the
923registration number; and a description, including color scheme,
924of the motor vehicle, trailer, mobile home, or manufactured
925home. If the sexual offender's place of residence is a vessel,
926live-aboard vessel, or houseboat, as defined in chapter 327, the
927sexual offender shall also provide the hull identification
928number; the manufacturer's serial number; the name of the
929vessel, live-aboard vessel, or houseboat; the registration
930number; and a description, including color scheme, of the
931vessel, live-aboard vessel, or houseboat.
932     4.  Any sexual offender who fails to report in person as
933required at the sheriff's office, or who fails to respond to any
934address verification correspondence from the department within 3
935weeks of the date of the correspondence, commits a felony of the
936third degree, punishable as provided in s. 775.082, s. 775.083,
937and s. 775.084.
938     (d)(b)  The sheriff's office shall, within 2 working days,
939electronically submit and update all information provided by the
940sexual offender to the Florida Department of Law Enforcement in
941a manner prescribed by the Florida Department of Law
942Enforcement. This procedure shall be implemented by December 1,
9432005.
944     Section 9.  Subsection (6) of section 985.04, Florida
945Statutes, is amended to read:
946     985.04  Oaths; records; confidential information.--
947     (6)(a)  Records maintained by the department, including
948copies of records maintained by the court, which pertain to a
949child found to have committed a delinquent act which, if
950committed by an adult, would be a crime specified in ss. 435.03
951and 435.04 may not be destroyed under this section for a period
952of 25 years after the youth's final referral to the department,
953except in cases of the death of the child. Such records,
954however, shall be sealed by the court for use only in meeting
955the screening requirements for personnel in s. 402.3055 and the
956other sections cited above, or under departmental rule; however,
957current criminal history information must be obtained from the
958Department of Law Enforcement in accordance with s. 943.053. The
959information shall be released to those persons specified in the
960above cited sections for the purposes of complying with those
961sections. The court may punish by contempt any person who
962releases or uses the records for any unauthorized purpose.
963     (b)  Sexual offender and predator registration information
964as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
965and 985.4815 is public record pursuant to s. 119.07(1) and as
966otherwise provided by law.
967     Section 10.  Subsection (2) of section 985.045, Florida
968Statutes, is amended to read:
969     985.045  Court records.--
970     (2)  The clerk shall keep all official records required by
971this section separate from other records of the circuit court,
972except those records pertaining to motor vehicle violations,
973which shall be forwarded to the Department of Highway Safety and
974Motor Vehicles. Except as provided in ss. 943.053, 985.04(6)(b),
975and 985.04(7), official records required by this chapter are not
976open to inspection by the public, but may be inspected only upon
977order of the court by persons deemed by the court to have a
978proper interest therein, except that a child and the parents,
979guardians, or legal custodians of the child and their attorneys,
980law enforcement agencies, the Department of Juvenile Justice and
981its designees, the Parole Commission, the Department of
982Corrections, and the Justice Administrative Commission shall
983always have the right to inspect and copy any official record
984pertaining to the child. The court may permit authorized
985representatives of recognized organizations compiling statistics
986for proper purposes to inspect, and make abstracts from,
987official records under whatever conditions upon the use and
988disposition of such records the court may deem proper and may
989punish by contempt proceedings any violation of those
990conditions.
991     Section 11.  Section 985.481, Florida Statutes, is created
992to read:
993     985.481  Sexual offenders adjudicated delinquent;
994notification upon release.--
995     (1)  As used in this section:
996     (a)  "Convicted"  has the same meaning as provided in s.
997943.0435.
998     (b)  "Sexual offender" means a person who has been
999adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
1000     (2)  The Legislature finds that sexual offenders,
1001especially those who have committed their offenses against
1002minors, often pose a high risk of engaging in sexual offenses
1003even after being released from incarceration or commitment and
1004that protection of the public from sexual offenders is a
1005paramount governmental interest. Sexual offenders have a reduced
1006expectation of privacy because of the public's interest in
1007public safety and in the effective operation of government.
1008Releasing sexual offender information to law enforcement
1009agencies, to persons who request such information, and to the
1010public by a law enforcement agency or public agency will further
1011the governmental interests of public safety.
1012     (3)(a)  The department must provide information regarding
1013any sexual offender who is being released after serving a period
1014of residential commitment or other detention under the
1015department for any offense, as follows:
1016     1.  The department must provide the sexual offender's name,
1017any change in the offender's name by reason of marriage or other
1018legal process, and any alias, if known; the correctional
1019facility from which the sexual offender is released; the sexual
1020offender's social security number, race, sex, date of birth,
1021height, weight, and hair and eye color; date and county of
1022disposition and each crime for which there was a disposition; a
1023copy of the offender's fingerprints and a digitized photograph
1024taken within 60 days before release; the date of release of the
1025sexual offender; and the offender's intended residence address,
1026if known. The department shall notify the Department of Law
1027Enforcement if the sexual offender escapes, absconds, or dies.
1028If the sexual offender is in the custody of a private
1029correctional facility, the facility shall take the digitized
1030photograph of the sexual offender within 60 days before the
1031sexual offender's release and also place it in the sexual
1032offender's file. If the sexual offender is in the custody of a
1033local jail or detention center, the custodian of the local jail
1034or detention center shall register the offender within 3
1035business days after intake of the offender for any reason and,
1036upon release, notify the Department of Law Enforcement of the
1037sexual offender's release and provide to the Department of Law
1038Enforcement the information specified in this subparagraph and
1039any information specified in subparagraph 2. that the Department
1040of Law Enforcement requests.
1041     2.  The department may provide any other information deemed
1042necessary, including criminal and delinquency records, when
1043available.
1044     (b)  The department must provide the information described
1045in subparagraph (a)1. to the following:
1046     1.  The sheriff of the county from where the sexual
1047offender offense was disposed.
1048     2.  The sheriff of the county and, if applicable, the
1049police chief of the municipality where the sexual offender plans
1050to reside.
1051     3.  The Department of Law Enforcement.
1052     4.  When requested, the victim of the offense, the victim's
1053parent or legal guardian if the victim is a minor, the lawful
1054representative of the victim or of the victim's parent or
1055guardian if the victim is a minor, or the next of kin if the
1056victim is a homicide victim.
1057     5.  Any person who requests such information, either within
10586 months prior to the anticipated release of a sexual offender
1059or as soon as possible if an offender is released earlier than
1060anticipated. All such information provided to the Department of
1061Law Enforcement must be available electronically as soon as the
1062information is in the agency's database and must be in a format
1063that is compatible with the requirements of the Florida Crime
1064Information Center.
1065     (c)  Upon request, the department must provide the
1066information described in subparagraph (a)2. to the following:
1067     1.  The sheriff of the county from where the sexual
1068offender was sentenced.
1069     2.  The sheriff of the county and, if applicable, the
1070police chief of the municipality where the sexual offender plans
1071to reside, either within 6 months prior to the anticipated
1072release of a sexual offender or as soon as possible if an
1073offender is released earlier than anticipated.
1074     (d)  Upon receiving information regarding a sexual offender
1075from the department, the Department of Law Enforcement, the
1076sheriff, or the chief of police shall provide the information
1077described in subparagraph (a)1. to any individual who requests
1078such information and may release the information to the public
1079in any manner deemed appropriate, unless the information so
1080received is confidential or exempt from s. 119.07(1) and s.
108124(a), Art. I of the State Constitution.
1082     (4)  This section authorizes the department or any law
1083enforcement agency to notify the community and the public of a
1084sexual offender's presence in the community. However, with
1085respect to a sexual offender who has been found to be a sexual
1086predator under chapter 775, the Department of Law Enforcement or
1087any other law enforcement agency must inform the community and
1088the public of the sexual predator's presence in the community as
1089provided in chapter 775.
1090     (5)  An elected or appointed official, public employee,
1091school administrator or employee, or agency, or any individual
1092or entity acting at the request or upon the direction of any law
1093enforcement agency, is immune from civil liability for damages
1094resulting from the release of information under this section.
1095     Section 12.  Section 985.4815, Florida Statutes, is created
1096to read:
1097     985.4815  Notification to Department of Law Enforcement of
1098information on juvenile sexual offenders.--
1099     (1)  As used in this section, the term:
1100     (a)  "Change in enrollment or employment status" means the
1101commencement or termination of enrollment or employment or a
1102change in location of enrollment or employment.
1103     (b)  "Conviction" has the same meaning as provided in s.
1104943.0435.
1105     (c)  "Institution of higher education" means a career
1106center, community college, college, state university, or
1107independent postsecondary institution.
1108     (d)  "Sexual offender" means a person who is in the care or
1109custody or under the jurisdiction or supervision of the
1110department or is in the custody of a private correctional
1111facility and who:
1112     1.  Has been adjudicated delinquent as provided in s.
1113943.0435(1)(a)1.d.; or
1114     2.  Is a minor who establishes or maintains a residence in
1115this state and has not been designated as a sexual predator by a
1116court of this state but has been designated as a sexual
1117predator, as a sexually violent predator, or by another sexual
1118offender designation in another state or jurisdiction and was,
1119as a result of such designation, subjected to registration or
1120community or public notification, or both, or would be if the
1121person were a resident of that state or jurisdiction, without
1122regard to whether the person otherwise meets the criteria for
1123registration as a sexual offender.
1124     (2)  The clerk of that court which adjudicated and entered
1125a disposition regarding the sexual offender for the offense or
1126offenses for which he or she was convicted shall forward to the
1127department and the Department of Law Enforcement a certified
1128copy of any order entered by the court imposing any special
1129condition or restriction on the sexual offender that restricts
1130or prohibits access to the victim, if the victim is a minor, or
1131to other minors. The Department of Law Enforcement may include
1132on its Internet website such special conditions or restrictions.
1133     (3)  If a sexual offender is not sentenced to a term of
1134residential commitment, the clerk of the court shall ensure that
1135the sexual offender's fingerprints and sexual offender
1136registration are taken and forwarded to the Department of Law
1137Enforcement within 48 hours after the court sentences the
1138offender. The fingerprint card shall be clearly marked "Sexual
1139Offender Registration Card."
1140     (4)  A sexual offender, as described in this section, who
1141is under the supervision of the department but is not committed
1142must register with the department within 3 business days after
1143adjudication and disposition for a registerable offense and
1144otherwise provide information as required by this subsection.
1145     (a)  The sexual offender shall provide his or her name;
1146date of birth; social security number; race; sex; height;
1147weight; hair and eye color; tattoos or other identifying marks;
1148and permanent or legal residence and address of temporary
1149residence within the state or out of state while the sexual
1150offender is in the care or custody or under the jurisdiction or
1151supervision of the department in this state, including any rural
1152route address or post office box, and the name and address of
1153each school attended. The department shall verify the address of
1154each sexual offender in the manner described in ss. 775.21 and
1155943.0435 and shall report to the Department of Law Enforcement
1156any failure by a sexual offender to comply with registration
1157requirements.
1158     (b)  If the sexual offender is enrolled, employed, or
1159carrying on a vocation at an institution of higher education in
1160this state, the sexual offender shall provide the name, address,
1161and county of each institution, including each campus attended,
1162and the sexual offender's enrollment or employment status. Each
1163change in enrollment or employment status shall be reported to
1164the department within 48 hours after the change in status. The
1165department shall promptly notify each institution of the sexual
1166offender's presence and any change in the sexual offender's
1167enrollment or employment status.
1168     (5)  In addition to notification and transmittal
1169requirements imposed by any other provision of law, the
1170department shall compile information on any sexual offender and
1171provide the information to the Department of Law Enforcement.
1172The information shall be made available electronically to the
1173Department of Law Enforcement as soon as this information is in
1174the department's database and must be in a format that is
1175compatible with the requirements of the Florida Crime
1176Information Center.
1177     (6)(a)  The information provided to the Department of Law
1178Enforcement must include the following:
1179     1.  The information obtained from the sexual offender under
1180subsection (4).
1181     2.  The sexual offender's most current address and place of
1182permanent or temporary residence within the state or out of
1183state while the sexual offender is in the care or custody or
1184under the jurisdiction or supervision of the department in this
1185state, including the name of the county or municipality in which
1186the offender permanently or temporarily resides and, if known,
1187the intended place of permanent or temporary residence upon
1188satisfaction of all sanctions.
1189     3.  The legal status of the sexual offender and the
1190scheduled termination date of that legal status.
1191     4.  The location of, and local telephone number for, any
1192department office that is responsible for supervising the sexual
1193offender.
1194     5.  An indication of whether the victim of the offense that
1195resulted in the offender's status as a sexual offender was a
1196minor.
1197     6.  The offense or offenses at adjudication and disposition
1198that resulted in the determination of the offender's status as a
1199sex offender.
1200     7.  A digitized photograph of the sexual offender, which
1201must have been taken within 60 days before the offender was
1202released from the custody of the department or a private
1203correctional facility by expiration of sentence under s.
1204944.275, or within 60 days after the onset of the department's
1205supervision of any sexual offender who is on probation,
1206postcommitment probation, residential commitment, nonresidential
1207commitment, licensed child-caring commitment, community control,
1208conditional release, parole, provisional release, or control
1209release or who is supervised by the department under the
1210Interstate Compact Agreement for Probationers and Parolees. If
1211the sexual offender is in the custody of a private correctional
1212facility, the facility shall take a digitized photograph of the
1213sexual offender within the time period provided in this
1214subparagraph and shall provide the photograph to the department.
1215     (b)  If any information provided by the department changes
1216during the time the sexual offender is under the department's
1217care, control, custody, or supervision, including any change in
1218the offender's name by reason of marriage or other legal
1219process, the department shall, in a timely manner, update the
1220information and provide it to the Department of Law Enforcement
1221in the manner prescribed in subsection (5).
1222     (7)  If the sexual offender is in the custody of a local
1223jail or detention center, the custodian of the local jail shall
1224register the offender within 3 business days after intake of the
1225offender for any reason and, upon release, forward the
1226information to the Department of Law Enforcement. The custodian
1227of the local jail shall also take a digitized photograph of the
1228sexual offender while the offender remains in custody and shall
1229provide the digitized photograph to the Department of Law
1230Enforcement.
1231     (8)  If the sexual offender is under federal supervision,
1232the federal agency responsible for supervising the sexual
1233offender may forward to the Department of Law Enforcement any
1234information regarding the sexual offender that is consistent
1235with the information provided by the department under this
1236section and may indicate whether use of the information is
1237restricted to law enforcement purposes only or may be used by
1238the Department of Law Enforcement for purposes of public
1239notification.
1240     (9)  A sexual offender, as described in this section, who
1241is under the care, jurisdiction, or supervision of the
1242department but who is not incarcerated shall, in addition to the
1243registration requirements provided in subsection (4), register
1244in the manner provided in s. 943.0435(3), (4), and (5), unless
1245the sexual offender is a sexual predator, in which case he or
1246she shall register as required under s. 775.21. A sexual
1247offender who fails to comply with the requirements of s.
1248943.0435 is subject to the penalties provided in s. 943.0435(9).
1249     (10)(a)  The failure of a sexual offender to submit to the
1250taking of a digitized photograph, or to otherwise comply with
1251the requirements of this section, is a felony of the third
1252degree, punishable as provided in s. 775.082, s. 775.083, or s.
1253775.084.
1254     (b)  A sexual offender who commits any act or omission in
1255violation of this section may be prosecuted for the act or
1256omission in the county in which the act or omission was
1257committed, the county of the last registered address of the
1258sexual offender, or the county in which the adjudication and
1259disposition occurred for the offense or offenses that meet the
1260criteria for designating a person as a sexual offender.
1261     (c)  An arrest on charges of failure to register when the
1262offender has been provided and advised of his or her statutory
1263obligations to register under s. 943.0435(2), the service of an
1264information or a complaint for a violation of this section, or
1265an arraignment on charges for a violation of this section
1266constitutes actual notice of the duty to register. A sexual
1267offender's failure to immediately register as required by this
1268section following such arrest, service, or arraignment
1269constitutes grounds for a subsequent charge of failure to
1270register. A sexual offender charged with the crime of failure to
1271register who asserts, or intends to assert, a lack of notice of
1272the duty to register as a defense to a charge of failure to
1273register shall immediately register as required by this section.
1274A sexual offender who is charged with a subsequent failure to
1275register may not assert the defense of a lack of notice of the
1276duty to register.
1277     (d)  Registration following such arrest, service, or
1278arraignment is not a defense and does not relieve the sexual
1279offender of criminal liability for the failure to register.
1280     (11)  The department, the Department of Highway Safety and
1281Motor Vehicles, the Department of Law Enforcement, the
1282Department of Corrections, personnel of those departments, and
1283any individual or entity acting at the request or upon the
1284direction of those departments are immune from civil liability
1285for damages for good faith compliance with this section and
1286shall be presumed to have acted in good faith in compiling,
1287recording, reporting, or providing information. The presumption
1288of good faith is not overcome if technical or clerical errors
1289are made by the department, the Department of Highway Safety and
1290Motor Vehicles, the Department of Law Enforcement, the
1291Department of Corrections, personnel of those departments, or
1292any individual or entity acting at the request or upon the
1293direction of those departments in compiling, recording,
1294reporting, or providing information, or, if the information is
1295incomplete or incorrect because the information has not been
1296provided by a person or agency required to provide it, was not
1297reported, or was falsely reported.
1298     (12)  Any person who has reason to believe that a sexual
1299offender is not complying, or has not complied, with the
1300requirements of this section and who, with the intent to assist
1301the sexual offender in eluding a law enforcement agency that is
1302seeking to find the sexual offender to question the sexual
1303offender about, or to arrest the sexual offender for, his or her
1304noncompliance with the requirements of this section:
1305     (a)  Withholds information from, or does not notify, the
1306law enforcement agency about the sexual offender's noncompliance
1307with the requirements of this section and, if known, the
1308whereabouts of the sexual offender;
1309     (b)  Harbors, attempts to harbor, or assists another person
1310in harboring or attempting to harbor the sexual offender;
1311     (c)  Conceals, attempts to conceal, or assists another
1312person in concealing or attempting to conceal the sexual
1313offender; or
1314     (d)  Provides information to the law enforcement agency
1315regarding the sexual offender that the person knows to be false
1316
1317commits a felony of the third degree, punishable as provided in
1318s. 775.082, s. 775.083, or s. 775.084. This subsection does not
1319apply if the sexual offender is incarcerated in or is in the
1320custody of a state correctional facility, a private correctional
1321facility, a local jail, or a federal correctional facility.
1322     (13)(a)  A sexual offender must report in person each year
1323during the month of the sexual offender's birthday and during
1324every third month thereafter to the sheriff's office in the
1325county in which he or she resides or is otherwise located to
1326reregister.
1327     (b)  The sheriff's office may determine the appropriate
1328times and days for reporting by the sexual offender, which shall
1329be consistent with the reporting requirements of this
1330subsection. Reregistration shall include any changes to the
1331following information:
1332     1.  Name; social security number; age; race; sex; date of
1333birth; height; weight; hair and eye color; address of any
1334permanent residence and address of any current temporary
1335residence, within the state or out of state, including a rural
1336route address and a post office box; name and address of each
1337school attended; date and place of any employment; vehicle make,
1338model, color, and license tag number; fingerprints; and
1339photograph. A post office box shall not be provided in lieu of a
1340physical residential address.
1341     2.  If the sexual offender is enrolled, employed, or
1342carrying on a vocation at an institution of higher education in
1343this state, the sexual offender shall also provide to the
1344department the name, address, and county of each institution,
1345including each campus attended, and the sexual offender's
1346enrollment or employment status.
1347     3.  If the sexual offender's place of residence is a motor
1348vehicle, trailer, mobile home, or manufactured home, as defined
1349in chapter 320, the sexual offender shall also provide the
1350vehicle identification number; the license tag number; the
1351registration number; and a description, including color scheme,
1352of the motor vehicle, trailer, mobile home, or manufactured
1353home. If the sexual offender's place of residence is a vessel,
1354live-aboard vessel, or houseboat, as defined in chapter 327, the
1355sexual offender shall also provide the hull identification
1356number; the manufacturer's serial number; the name of the
1357vessel, live-aboard vessel, or houseboat; the registration
1358number; and a description, including color scheme, of the
1359vessel, live-aboard vessel, or houseboat.
1360     4.  Any sexual offender who fails to report in person as
1361required at the sheriff's office, or who fails to respond to any
1362address verification correspondence from the department within 3
1363weeks after the date of the correspondence, commits a felony of
1364the third degree, punishable as provided in s. 775.082, s.
1365775.083, and s. 775.084.
1366     (c)  The sheriff's office shall, within 2 working days,
1367electronically submit and update all information provided by the
1368sexual offender to the Department of Law Enforcement in a manner
1369prescribed by that department.
1370     Section 13.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.