| 1 | A bill to be entitled |
| 2 | An act relating to sexual offenders and predators; |
| 3 | amending s. 775.21, F.S.; revising sexual predator |
| 4 | criteria; correcting a cross-reference; requiring sexual |
| 5 | predators to register with the Department of Law |
| 6 | Enforcement through a sheriff's office; deleting |
| 7 | provisions allowing certain predators to have predator |
| 8 | designation removed after a specified period; revising |
| 9 | references to applicable federal law; revising provisions |
| 10 | relating to verification of addresses; providing specified |
| 11 | immunity to the Department of Juvenile Justice; amending |
| 12 | s. 775.261, F.S.; conforming provisions; providing for |
| 13 | application of a conforming amendment; amending s. |
| 14 | 943.0435, F.S.; revising criteria for sexual offender |
| 15 | designation; revising the definition of the term |
| 16 | "conviction"; revising reporting requirements; revising |
| 17 | references to applicable federal law; revising provisions |
| 18 | relating to verification of addresses; providing specified |
| 19 | immunity to the Department of Juvenile Justice; revising |
| 20 | provisions relating to petitions to allow certain |
| 21 | offenders to remove the offender designation after a |
| 22 | specified period; creating s. 943.44353, F.S.; requiring |
| 23 | development and maintenance of a system to provide |
| 24 | automatic notification of registration information |
| 25 | regarding sexual predators and sexual offenders to the |
| 26 | public; amending s. 943.0515, F.S.; requiring retention of |
| 27 | records of minors adjudicated delinquent of specified |
| 28 | sexual offenses; amending s. 944.606, F.S.; revising |
| 29 | criteria for sexual offender designation; providing |
| 30 | registration and notification duties for a custodian of a |
| 31 | local jail regarding sexual offenders; amending s. |
| 32 | 944.607, F.S.; revising the definition of a sexual |
| 33 | offender for notification purposes; revising duties of |
| 34 | clerks of court; revising registration requirements; |
| 35 | providing registration and notification duties for a |
| 36 | custodian of a local jail regarding sexual offenders; |
| 37 | providing specified immunity to the Department of Juvenile |
| 38 | Justice; requiring more frequent reregistration for |
| 39 | specified offenders; amending s. 985.04, F.S.; providing |
| 40 | that specified sexual predator and offender registration |
| 41 | information is public record; amending s. 985.045, F.S.; |
| 42 | conforming a provision; creating s. 985.481, F.S.; |
| 43 | providing for notification upon release of specified |
| 44 | juvenile sexual offenders; providing for availability of |
| 45 | specified information concerning such offenders; providing |
| 46 | immunity for specified officials; creating s. 985.4815, |
| 47 | F.S.; providing for notification to the Department of Law |
| 48 | Enforcement concerning specified juvenile sexual |
| 49 | offenders; providing definitions; providing duties of |
| 50 | clerks of court; providing registration requirements; |
| 51 | requiring specified information to be made available to |
| 52 | the Department of Law Enforcement; providing duties of a |
| 53 | custodian of a local jail; providing for forwarding of |
| 54 | information for specified offenders under federal |
| 55 | supervision; providing penalties for failure to comply |
| 56 | with requirements; providing venue for prosecution of |
| 57 | specified offenses; providing for the effect of certain |
| 58 | actions; providing that registration following certain |
| 59 | actions does not provide a defense to specified charges; |
| 60 | providing immunity for specified agencies and persons for |
| 61 | certain actions; prohibiting certain acts concerning |
| 62 | offenders; providing criminal penalties; providing |
| 63 | reporting requirements for offenders; providing an |
| 64 | effective date. |
| 65 |
|
| 66 | Be It Enacted by the Legislature of the State of Florida: |
| 67 |
|
| 68 | Section 1. Paragraphs (a) and (c) of subsection (4), |
| 69 | paragraphs (a), (e), and (l) of subsection (6), subsections (8) |
| 70 | and (9), and paragraph (b) of subsection (10) of section 775.21, |
| 71 | Florida 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, |
| 75 | 1993, upon conviction, an offender shall be designated as a |
| 76 | "sexual predator" under subsection (5), and subject to |
| 77 | registration under subsection (6) and community and public |
| 78 | notification under subsection (7) if: |
| 79 | 1. The felony is: |
| 80 | a. A capital, life, or first-degree felony violation, or |
| 81 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim |
| 82 | is a minor and the defendant is not the victim's parent or |
| 83 | guardian, or of chapter 794, s. 800.04, or s. 847.0145, or a |
| 84 | violation of a similar law of another jurisdiction; or |
| 85 | b. Any felony violation, or any attempt thereof, of s. |
| 86 | 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a |
| 87 | minor and the defendant is not the victim's parent or guardian; |
| 88 | chapter 794, excluding ss. 794.011(10) and 794.0235; s. 796.03; |
| 89 | s. 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s. |
| 90 | 847.0145; or s. 985.701(1); or a violation of a similar law of |
| 91 | another jurisdiction, and the offender has previously been |
| 92 | convicted of or found to have committed, or has pled nolo |
| 93 | contendere or guilty to, regardless of adjudication, any |
| 94 | violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where |
| 95 | the victim is a minor and the defendant is not the victim's |
| 96 | parent or guardian; s. 794.011(2), (3), (4), (5), or (8); s. |
| 97 | 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. |
| 98 | 827.071; s. 847.0133; s. 847.0135; s. 847.0145; or s. |
| 99 | 985.701(1); or a violation of a similar law of another |
| 100 | jurisdiction; |
| 101 | 2. The offender has not received a pardon for any felony |
| 102 | or similar law of another jurisdiction that is necessary for the |
| 103 | operation of this paragraph; and |
| 104 | 3. A conviction of a felony or similar law of another |
| 105 | jurisdiction necessary to the operation of this paragraph has |
| 106 | not been set aside in any postconviction proceeding. |
| 107 | (c) If an offender has been registered as a sexual |
| 108 | predator by the Department of Corrections, the department, or |
| 109 | any other law enforcement agency and if: |
| 110 | 1. The court did not, for whatever reason, make a written |
| 111 | finding at the time of sentencing that the offender was a sexual |
| 112 | predator; or |
| 113 | 2. The offender was administratively registered as a |
| 114 | sexual predator because the Department of Corrections, the |
| 115 | department, or any other law enforcement agency obtained |
| 116 | information that indicated that the offender met the criteria |
| 117 | for designation as a sexual predator based on a violation of a |
| 118 | similar law in another jurisdiction, |
| 119 |
|
| 120 | the department shall remove that offender from the department's |
| 121 | list of sexual predators and, for an offender described under |
| 122 | subparagraph 1., shall notify the state attorney who prosecuted |
| 123 | the offense that met the criteria for administrative designation |
| 124 | as a sexual predator, and, for an offender described under this |
| 125 | paragraph subparagraph, shall notify the state attorney of the |
| 126 | county where the offender establishes or maintains a permanent |
| 127 | or temporary residence. The state attorney shall bring the |
| 128 | matter to the court's attention in order to establish that the |
| 129 | offender meets the criteria for designation as a sexual |
| 130 | predator. If the court makes a written finding that the offender |
| 131 | is a sexual predator, the offender must be designated as a |
| 132 | sexual predator, must register or be registered as a sexual |
| 133 | predator with the department as provided in subsection (6), and |
| 134 | is subject to the community and public notification as provided |
| 135 | in subsection (7). If the court does not make a written finding |
| 136 | that the offender is a sexual predator, the offender may not be |
| 137 | designated as a sexual predator with respect to that offense and |
| 138 | is not required to register or be registered as a sexual |
| 139 | predator with the department. |
| 140 | (6) REGISTRATION.-- |
| 141 | (a) A sexual predator must register with the department |
| 142 | through the sheriff's office by providing the following |
| 143 | information to the department: |
| 144 | 1. Name, social security number, age, race, sex, date of |
| 145 | birth, height, weight, hair and eye color, photograph, address |
| 146 | of legal residence and address of any current temporary |
| 147 | residence, within the state or out of state, including a rural |
| 148 | route address and a post office box, date and place of any |
| 149 | employment, date and place of each conviction, fingerprints, and |
| 150 | a brief description of the crime or crimes committed by the |
| 151 | offender. A post office box shall not be provided in lieu of a |
| 152 | physical residential address. |
| 153 | a. If the sexual predator's place of residence is a motor |
| 154 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 155 | in chapter 320, the sexual predator shall also provide to the |
| 156 | department written notice of the vehicle identification number; |
| 157 | the license tag number; the registration number; and a |
| 158 | description, including color scheme, of the motor vehicle, |
| 159 | trailer, mobile home, or manufactured home. If a sexual |
| 160 | predator's place of residence is a vessel, live-aboard vessel, |
| 161 | or houseboat, as defined in chapter 327, the sexual predator |
| 162 | shall also provide to the department written notice of the hull |
| 163 | identification number; the manufacturer's serial number; the |
| 164 | name of the vessel, live-aboard vessel, or houseboat; the |
| 165 | registration number; and a description, including color scheme, |
| 166 | of the vessel, live-aboard vessel, or houseboat. |
| 167 | b. If the sexual predator is enrolled, employed, or |
| 168 | carrying on a vocation at an institution of higher education in |
| 169 | this state, the sexual predator shall also provide to the |
| 170 | department the name, address, and county of each institution, |
| 171 | including each campus attended, and the sexual predator's |
| 172 | enrollment or employment status. Each change in enrollment or |
| 173 | employment status shall be reported in person at the sheriff's |
| 174 | office, or the Department of Corrections if the sexual predator |
| 175 | is in the custody or control of or under the supervision of the |
| 176 | Department of Corrections, within 48 hours after any change in |
| 177 | status. The sheriff or the Department of Corrections shall |
| 178 | promptly notify each institution of the sexual predator's |
| 179 | presence and any change in the sexual predator's enrollment or |
| 180 | employment status. |
| 181 | 2. Any other information determined necessary by the |
| 182 | department, including criminal and corrections records; |
| 183 | nonprivileged personnel and treatment records; and evidentiary |
| 184 | genetic markers when available. |
| 185 | (e)1. If the sexual predator is not in the custody or |
| 186 | control of, or under the supervision of, the Department of |
| 187 | Corrections, or is not in the custody of a private correctional |
| 188 | facility, the sexual predator shall register: |
| 189 | a. At the sheriff's office in the county where he or she |
| 190 | was sentenced within 48 hours after sentencing for an offense |
| 191 | specified in this subsection; or |
| 192 | b. At the sheriff's office in the county where he or she |
| 193 | establishes or maintains a residence within 48 hours after |
| 194 | establishing or maintaining a residence in the state. |
| 195 | 2. and establishes or maintains a residence in the state, |
| 196 | the sexual predator shall register in person at the sheriff's |
| 197 | office in the county in which the predator establishes or |
| 198 | maintains a residence, within 48 hours after establishing |
| 199 | permanent or temporary residence in this state. Any change in |
| 200 | the sexual predator's permanent or temporary residence or name, |
| 201 | after the sexual predator registers in person at the sheriff's |
| 202 | office, shall be accomplished in the manner provided in |
| 203 | paragraphs (g), (i), and (j). When a sexual predator registers |
| 204 | with the sheriff's office, the sheriff shall take a photograph |
| 205 | and a set of fingerprints of the predator and forward the |
| 206 | photographs and fingerprints to the department, along with the |
| 207 | information that the predator is required to provide pursuant to |
| 208 | this section. |
| 209 | (l) A sexual predator must maintain registration with the |
| 210 | department for the duration of his or her life, unless the |
| 211 | sexual predator has received a full pardon or has had a |
| 212 | conviction set aside in a postconviction proceeding for any |
| 213 | offense that met the criteria for the sexual predator |
| 214 | designation. However, a sexual predator who was designated as a |
| 215 | sexual predator by a court before October 1, 1998, and who has |
| 216 | been lawfully released from confinement, supervision, or |
| 217 | sanction, whichever is later, for at least 10 years and has not |
| 218 | been arrested for any felony or misdemeanor offense since |
| 219 | release, may petition the criminal division of the circuit court |
| 220 | in the circuit in which the sexual predator resides for the |
| 221 | purpose of removing the sexual predator designation. A sexual |
| 222 | predator who was designated a sexual predator by a court on or |
| 223 | after October 1, 1998, who has been lawfully released from |
| 224 | confinement, supervision, or sanction, whichever is later, for |
| 225 | at least 20 years, and who has not been arrested for any felony |
| 226 | or misdemeanor offense since release may petition the criminal |
| 227 | division of the circuit court in the circuit in which the sexual |
| 228 | predator resides for the purpose of removing the sexual predator |
| 229 | designation. A sexual predator who was designated as a sexual |
| 230 | predator by a court on or after September 1, 2005, who has been |
| 231 | lawfully released from confinement, supervision, or sanction, |
| 232 | whichever is later, for at least 30 years, and who has not been |
| 233 | arrested for any felony or misdemeanor offense since release may |
| 234 | petition the criminal division of the circuit court in the |
| 235 | circuit in which the sexual predator resides for the purpose of |
| 236 | removing the sexual predator designation. The court may grant or |
| 237 | deny such relief if the petitioner demonstrates to the court |
| 238 | that he or she has not been arrested for any crime since |
| 239 | release, the requested relief complies with the provisions of |
| 240 | the federal Jacob Wetterling Act, as amended, and any other |
| 241 | federal standards applicable to the removal of the designation |
| 242 | as a sexual predator or required to be met as a condition for |
| 243 | the receipt of federal funds by the state, and the court is |
| 244 | otherwise satisfied that the petitioner is not a current or |
| 245 | potential threat to public safety. The state attorney in the |
| 246 | circuit in which the petition is filed must be given notice of |
| 247 | the petition at least 3 weeks before the hearing on the matter. |
| 248 | The state attorney may present evidence in opposition to the |
| 249 | requested relief or may otherwise demonstrate the reasons why |
| 250 | the petition should be denied. If the court denies the petition, |
| 251 | the court may set a future date at which the sexual predator may |
| 252 | again petition the court for relief, subject to the standards |
| 253 | for relief provided in this paragraph. Unless specified in the |
| 254 | order, a sexual predator who is granted relief under this |
| 255 | paragraph must comply with the requirements for registration as |
| 256 | a sexual offender and other requirements provided under s. |
| 257 | 943.0435 or s. 944.607. If a petitioner obtains an order from |
| 258 | the court that imposed the order designating the petitioner as a |
| 259 | sexual predator which removes such designation, the petitioner |
| 260 | shall forward a certified copy of the written findings or order |
| 261 | to the department in order to have the sexual predator |
| 262 | designation removed from the sexual predator registry. |
| 263 |
|
| 264 | The sheriff shall promptly provide to the department the |
| 265 | information received from the sexual predator. |
| 266 | (8) VERIFICATION.--The department and the Department of |
| 267 | Corrections shall implement a system for verifying the addresses |
| 268 | of sexual predators. The system must be consistent with the |
| 269 | provisions of the federal Adam Walsh Child Protection and Safety |
| 270 | Act of 2006 Jacob Wetterling Act, as amended, and any other |
| 271 | federal standards applicable to such verification or required to |
| 272 | be met as a condition for the receipt of federal funds by the |
| 273 | state. The Department of Corrections shall verify the addresses |
| 274 | of sexual predators who are not incarcerated but who reside in |
| 275 | the community under the supervision of the Department of |
| 276 | Corrections and shall report to the department any failure by a |
| 277 | sexual predator to comply with registration requirements. County |
| 278 | and local law enforcement agencies, in conjunction with the |
| 279 | department, shall verify the addresses of sexual predators who |
| 280 | are not under the care, custody, control, or supervision of the |
| 281 | Department of Corrections. Local law enforcement agencies shall |
| 282 | report to the department any failure by a sexual predator to |
| 283 | comply with registration requirements. |
| 284 | (a) A sexual predator must report in person each year |
| 285 | during the month of the sexual predator's birthday and during |
| 286 | every third the sixth month thereafter following the sexual |
| 287 | predator's birth month to the sheriff's office in the county in |
| 288 | which he or she resides or is otherwise located to reregister. |
| 289 | The sheriff's office may determine the appropriate times and |
| 290 | days for reporting by the sexual predator, which shall be |
| 291 | consistent with the reporting requirements of this paragraph. |
| 292 | Reregistration shall include any changes to the following |
| 293 | information: |
| 294 | 1. Name; social security number; age; race; sex; date of |
| 295 | birth; height; weight; hair and eye color; address of any |
| 296 | permanent residence and address of any current temporary |
| 297 | residence, within the state or out of state, including a rural |
| 298 | route address and a post office box; date and place of any |
| 299 | employment; vehicle make, model, color, and license tag number; |
| 300 | fingerprints; and photograph. A post office box shall not be |
| 301 | provided in lieu of a physical residential address. |
| 302 | 2. If the sexual predator is enrolled, employed, or |
| 303 | carrying on a vocation at an institution of higher education in |
| 304 | this state, the sexual predator shall also provide to the |
| 305 | department the name, address, and county of each institution, |
| 306 | including each campus attended, and the sexual predator's |
| 307 | enrollment or employment status. |
| 308 | 3. If the sexual predator's place of residence is a motor |
| 309 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 310 | in chapter 320, the sexual predator shall also provide the |
| 311 | vehicle identification number; the license tag number; the |
| 312 | registration number; and a description, including color scheme, |
| 313 | of the motor vehicle, trailer, mobile home, or manufactured |
| 314 | home. If the sexual predator's place of residence is a vessel, |
| 315 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 316 | sexual predator shall also provide the hull identification |
| 317 | number; the manufacturer's serial number; the name of the |
| 318 | vessel, live-aboard vessel, or houseboat; the registration |
| 319 | number; and a description, including color scheme, of the |
| 320 | vessel, live-aboard vessel, or houseboat. |
| 321 | (b) The sheriff's office shall, within 2 working days, |
| 322 | electronically submit and update all information provided by the |
| 323 | sexual predator to the department in a manner prescribed by the |
| 324 | department. This procedure shall be implemented by December 1, |
| 325 | 2005. |
| 326 | (9) IMMUNITY.--The department, the Department of Highway |
| 327 | Safety and Motor Vehicles, the Department of Corrections, the |
| 328 | Department of Juvenile Justice, any law enforcement agency in |
| 329 | this state, and the personnel of those departments; an elected |
| 330 | or appointed official, public employee, or school administrator; |
| 331 | or an employee, agency, or any individual or entity acting at |
| 332 | the request or upon the direction of any law enforcement agency |
| 333 | is immune from civil liability for damages for good faith |
| 334 | compliance with the requirements of this section or for the |
| 335 | release of information under this section, and shall be presumed |
| 336 | to have acted in good faith in compiling, recording, reporting, |
| 337 | or releasing the information. The presumption of good faith is |
| 338 | not overcome if a technical or clerical error is made by the |
| 339 | department, the Department of Highway Safety and Motor Vehicles, |
| 340 | the Department of Corrections, the Department of Juvenile |
| 341 | Justice, the personnel of those departments, or any individual |
| 342 | or entity acting at the request or upon the direction of any of |
| 343 | those departments in compiling or providing information, or if |
| 344 | information is incomplete or incorrect because a sexual predator |
| 345 | fails to report or falsely reports his or her current place of |
| 346 | permanent or temporary residence. |
| 347 | (10) PENALTIES.-- |
| 348 | (b) A sexual predator who has been convicted of or found |
| 349 | to have committed, or has pled nolo contendere or guilty to, |
| 350 | regardless of adjudication, any violation, or attempted |
| 351 | violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where |
| 352 | the victim is a minor and the defendant is not the victim's |
| 353 | parent or guardian; s. 794.011(2), (3), (4), (5), or (8); s. |
| 354 | 794.05; s. 796.03; s. 796.035; s. 800.04; s. 827.071; s. |
| 355 | 847.0133; s. 847.0145; or s. 985.701(1); or a violation of a |
| 356 | similar law of another jurisdiction when the victim of the |
| 357 | offense was a minor, and who works, whether for compensation or |
| 358 | as a volunteer, at any business, school, day care center, park, |
| 359 | playground, or other place where children regularly congregate, |
| 360 | commits a felony of the third degree, punishable as provided in |
| 361 | s. 775.082, s. 775.083, or s. 775.084. |
| 362 | Section 2. Paragraph (b) of subsection (3) of section |
| 363 | 775.261, 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 |
| 367 | designated as a sexual predator and required to register under |
| 368 | s. 775.21 or who is required to register as a sexual offender |
| 369 | under s. 943.0435 or s. 944.607. However, if a person is no |
| 370 | longer required to register as a sexual predator under s. 775.21 |
| 371 | or as a sexual offender under s. 943.0435 or s. 944.607, the |
| 372 | person must register as a career offender under this section if |
| 373 | the person is otherwise designated as a career offender as |
| 374 | provided in this section. |
| 375 | Section 3. The amendment to section 775.261, Florida |
| 376 | Statutes, made by this act applies prospectively and does not |
| 377 | apply to a person whose requirement to register as a sexual |
| 378 | predator under s. 775.21, Florida Statutes, was removed prior to |
| 379 | the amendments to s. 775.21(6)(l), Florida Statutes, made by |
| 380 | this act. |
| 381 | Section 4. Paragraphs (a) and (b) of subsection (1) and |
| 382 | subsections (2), (6), (10), (11), and (14) of section 943.0435, |
| 383 | Florida Statutes, are amended to read: |
| 384 | 943.0435 Sexual offenders required to register with the |
| 385 | department; penalty.-- |
| 386 | (1) As used in this section, the term: |
| 387 | (a)1. "Sexual offender" means a person who meets the |
| 388 | criteria in sub-subparagraph a., sub-subparagraph b., sub- |
| 389 | subparagraph c., or sub-subparagraph d. subparagraph 1., |
| 390 | subparagraph 2., or subparagraph 3., as follows: |
| 391 | a.(I)1.a. Has been convicted of committing, or attempting, |
| 392 | soliciting, or conspiring to commit, any of the criminal |
| 393 | offenses proscribed in the following statutes in this state or |
| 394 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
| 395 | or s. 787.025(2)(c), where the victim is a minor and the |
| 396 | defendant is not the victim's parent or guardian; chapter 794, |
| 397 | excluding ss. 794.011(10), and 794.0235, 794.024, 794.027, |
| 398 | 794.03, 794.05, 794.065, and 794.075; s. 796.03; s. 796.035; s. |
| 399 | 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. |
| 400 | 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any |
| 401 | similar offense committed in this state which has been |
| 402 | redesignated from a former statute number to one of those listed |
| 403 | in this sub-sub-subparagraph sub-subparagraph; and |
| 404 | (II)b. Has been released on or after October 1, 1997, from |
| 405 | the sanction imposed for any conviction of an offense described |
| 406 | in sub-sub-subparagraph (I) sub-subparagraph a. For purposes of |
| 407 | sub-sub-subparagraph (I) sub-subparagraph a., a sanction imposed |
| 408 | in this state or in any other jurisdiction includes, but is not |
| 409 | limited to, a fine, probation, community control, parole, |
| 410 | conditional release, control release, or incarceration in a |
| 411 | state prison, federal prison, private correctional facility, or |
| 412 | local detention facility; |
| 413 | b.2. Establishes or maintains a residence in this state |
| 414 | and who has not been designated as a sexual predator by a court |
| 415 | of this state but who has been designated as a sexual predator, |
| 416 | as a sexually violent predator, or by another sexual offender |
| 417 | designation in another state or jurisdiction and was, as a |
| 418 | result of such designation, subjected to registration or |
| 419 | community or public notification, or both, or would be if the |
| 420 | person were a resident of that state or jurisdiction, without |
| 421 | regard to whether the person otherwise meets the criteria for |
| 422 | registration as a sexual offender; or |
| 423 | c.3. Establishes or maintains a residence in this state |
| 424 | who is in the custody or control of, or under the supervision |
| 425 | of, any other state or jurisdiction as a result of a conviction |
| 426 | for committing, or attempting, soliciting, or conspiring to |
| 427 | commit, any of the criminal offenses proscribed in the following |
| 428 | statutes or similar offense in another jurisdiction: s. 787.01, |
| 429 | s. 787.02, or s. 787.025(2)(c), where the victim is a minor and |
| 430 | the defendant is not the victim's parent or guardian; chapter |
| 431 | 794, excluding ss. 794.011(10), and 794.0235, 794.024, 794.027, |
| 432 | 794.03, 794.05, 794.065, and 794.075; s. 796.03; s. 796.035; s. |
| 433 | 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. |
| 434 | 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any |
| 435 | similar offense committed in this state which has been |
| 436 | redesignated from a former statute number to one of those listed |
| 437 | in this sub-subparagraph subparagraph. |
| 438 | d. Has been adjudicated delinquent for a violation |
| 439 | committed on or after July 1, 2007, of chapter 794, excluding |
| 440 | ss. 794.011(10), 794.0235, 794.024, 794.027, 794.03, 794.05, |
| 441 | 794.065, and 794.075; any violation of s. 800.04 where the court |
| 442 | finds the use of force, threat, or coercion by the offender, or |
| 443 | resulting physical injury to the victim, or that the victim was |
| 444 | unconscious, substantially impaired, or suffered a physical or |
| 445 | mental disability resulting in a failure to appraise or control |
| 446 | the situation; or any attempt or conspiracy to commit such |
| 447 | offense or a violation of a similar law of another jurisdiction, |
| 448 | when the juvenile was 14 years of age or older at the time of |
| 449 | the offense. |
| 450 | 2. A person does not meet the criteria for sexual offender |
| 451 | designation and registration when the person was convicted of a |
| 452 | first-time offense for sexual activity, lewd or lascivious |
| 453 | molestation, or lewd or lascivious conduct in the following |
| 454 | circumstances: |
| 455 | a. The victim was 13 years of age or older and the |
| 456 | offender 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, |
| 459 | or lewd or lascivious conduct did not involve the use of force, |
| 460 | threat, or coercion by the offender or result in physical injury |
| 461 | to the victim. |
| 462 | (II) The victim was not unconscious or substantially |
| 463 | impaired of physical or mental ability to appraise or control |
| 464 | the situation. |
| 465 | (b) "Convicted" means that there has been a determination |
| 466 | of guilt as a result of a trial or the entry of a plea of guilty |
| 467 | or nolo contendere, regardless of whether adjudication is |
| 468 | withheld, and includes an adjudication of delinquency of a |
| 469 | juvenile as specified in this section. Conviction of a similar |
| 470 | offense includes, but is not limited to, a conviction by a |
| 471 | federal or military tribunal, including courts-martial conducted |
| 472 | by the Armed Forces of the United States, and includes a |
| 473 | conviction or entry of a plea of guilty or nolo contendere |
| 474 | resulting in a sanction in any state of the United States or |
| 475 | other jurisdiction. A sanction includes, but is not limited to, |
| 476 | a fine, probation, community control, parole, conditional |
| 477 | release, control release, or incarceration in a state prison, |
| 478 | federal prison, private correctional facility, or local |
| 479 | detention facility. |
| 480 | (2) A sexual offender shall: |
| 481 | (a) Report in person at the sheriff's office in the county |
| 482 | in which the offender establishes or maintains a permanent or |
| 483 | temporary residence and within 48 hours after being sentenced |
| 484 | for a qualifying offense for registration under this section, |
| 485 | within 48 hours after establishing permanent or temporary |
| 486 | residence in this state, or within 48 hours after being released |
| 487 | from the custody, control, or supervision of the Department of |
| 488 | Corrections or from the custody of a private correctional |
| 489 | facility. Any change in the sexual offender's permanent or |
| 490 | temporary residence or name, after the sexual offender reports |
| 491 | in person at the sheriff's office, shall be accomplished in the |
| 492 | manner provided in subsections (4), (7), and (8). |
| 493 | (b) Provide his or her name, date of birth, social |
| 494 | security number, race, sex, height, weight, hair and eye color, |
| 495 | tattoos or other identifying marks, occupation and place of |
| 496 | employment, address of permanent or legal residence or address |
| 497 | of any current temporary residence, within the state and out of |
| 498 | state, including a rural route address and a post office box, |
| 499 | date and place of each conviction, and a brief description of |
| 500 | the crime or crimes committed by the offender. A post office box |
| 501 | shall not be provided in lieu of a physical residential address. |
| 502 | 1. If the sexual offender's place of residence is a motor |
| 503 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 504 | in chapter 320, the sexual offender shall also provide to the |
| 505 | department through the sheriff's office written notice of the |
| 506 | vehicle identification number; the license tag number; the |
| 507 | registration number; and a description, including color scheme, |
| 508 | of the motor vehicle, trailer, mobile home, or manufactured |
| 509 | home. If the sexual offender's place of residence is a vessel, |
| 510 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 511 | sexual offender shall also provide to the department written |
| 512 | notice of the hull identification number; the manufacturer's |
| 513 | serial number; the name of the vessel, live-aboard vessel, or |
| 514 | houseboat; the registration number; and a description, including |
| 515 | color scheme, of the vessel, live-aboard vessel, or houseboat. |
| 516 | 2. If the sexual offender is enrolled, employed, or |
| 517 | carrying on a vocation at an institution of higher education in |
| 518 | this state, the sexual offender shall also provide to the |
| 519 | department through the sheriff's office the name, address, and |
| 520 | county of each institution, including each campus attended, and |
| 521 | the sexual offender's enrollment or employment status. Each |
| 522 | change in enrollment or employment status shall be reported in |
| 523 | person at the sheriff's office, within 48 hours after any change |
| 524 | in status. The sheriff shall promptly notify each institution of |
| 525 | the sexual offender's presence and any change in the sexual |
| 526 | offender's enrollment or employment status. |
| 527 |
|
| 528 | When a sexual offender reports at the sheriff's office, the |
| 529 | sheriff shall take a photograph and a set of fingerprints of the |
| 530 | offender and forward the photographs and fingerprints to the |
| 531 | department, along with the information provided by the sexual |
| 532 | offender. The sheriff shall promptly provide to the department |
| 533 | the information received from the sexual offender. |
| 534 | (6) County and local law enforcement agencies, in |
| 535 | conjunction with the department, shall verify the addresses of |
| 536 | sexual offenders who are not under the care, custody, control, |
| 537 | or supervision of the Department of Corrections in a manner that |
| 538 | is consistent with the provisions of the federal Adam Walsh |
| 539 | Child Protection and Safety Act of 2006 Jacob Wetterling Act, as |
| 540 | amended, and any other federal standards applicable to such |
| 541 | verification or required to be met as a condition for the |
| 542 | receipt of federal funds by the state. Local law enforcement |
| 543 | agencies shall report to the department any failure by a sexual |
| 544 | predator to comply with registration requirements. |
| 545 | (10) The department, the Department of Highway Safety and |
| 546 | Motor Vehicles, the Department of Corrections, the Department of |
| 547 | Juvenile Justice, any law enforcement agency in this state, and |
| 548 | the personnel of those departments; an elected or appointed |
| 549 | official, public employee, or school administrator; or an |
| 550 | employee, agency, or any individual or entity acting at the |
| 551 | request or upon the direction of any law enforcement agency is |
| 552 | immune from civil liability for damages for good faith |
| 553 | compliance with the requirements of this section or for the |
| 554 | release of information under this section, and shall be presumed |
| 555 | to have acted in good faith in compiling, recording, reporting, |
| 556 | or releasing the information. The presumption of good faith is |
| 557 | not overcome if a technical or clerical error is made by the |
| 558 | department, the Department of Highway Safety and Motor Vehicles, |
| 559 | the Department of Corrections, the Department of Juvenile |
| 560 | Justice, the personnel of those departments, or any individual |
| 561 | or entity acting at the request or upon the direction of any of |
| 562 | those departments in compiling or providing information, or if |
| 563 | information is incomplete or incorrect because a sexual offender |
| 564 | fails to report or falsely reports his or her current place of |
| 565 | permanent or temporary residence. |
| 566 | (11) A sexual offender must maintain registration with the |
| 567 | department for the duration of his or her life, unless the |
| 568 | sexual offender has received a full pardon or has had a |
| 569 | conviction set aside in a postconviction proceeding for any |
| 570 | offense that meets the criteria for classifying the person as a |
| 571 | sexual offender for purposes of registration. However, a sexual |
| 572 | offender: |
| 573 | (a)1. Who has been lawfully released from confinement, |
| 574 | supervision, or sanction, whichever is later, for at least 25 20 |
| 575 | years and has not been arrested for any felony or misdemeanor |
| 576 | offense since release, provided that the sexual offender's |
| 577 | requirement to register was not based upon an adult conviction |
| 578 | for a violation of s. 787.01; s. 787.02; or chapter 794, |
| 579 | excluding s. 794.05; any violation of s. 800.04 where the court |
| 580 | finds the use of force, threat, or coercion by the offender, or |
| 581 | resulting physical injury to the victim, or that the victim was |
| 582 | unconscious, substantially impaired, or suffered a physical or |
| 583 | mental disability resulting in a failure to appraise or control |
| 584 | the situation; a violation of s. 800.04(5)(b); or any attempt or |
| 585 | conspiracy to commit such offense or a violation of a similar |
| 586 | law of another jurisdiction,; or |
| 587 | (b) Who was 18 years of age or under at the time the |
| 588 | offense was committed and the victim was 12 years of age or |
| 589 | older and adjudication was withheld for that offense, who is |
| 590 | released from all sanctions, who has had 10 years elapse since |
| 591 | having been placed on probation, and who has not been arrested |
| 592 | for any felony or misdemeanor offense since the date of |
| 593 | conviction of the qualifying offense |
| 594 |
|
| 595 | may petition the criminal division of the circuit court of the |
| 596 | circuit in which the sexual offender resides for the purpose of |
| 597 | removing the requirement for registration as a sexual offender. |
| 598 | 2. The court may grant or deny such relief if the offender |
| 599 | demonstrates to the court that he or she has not been arrested |
| 600 | for any crime since release; the requested relief complies with |
| 601 | the provisions of the federal Adam Walsh Child Protection and |
| 602 | Safety Act of 2006 Jacob Wetterling Act, as amended, and any |
| 603 | other federal standards applicable to the removal of |
| 604 | registration requirements for a sexual offender or required to |
| 605 | be met as a condition for the receipt of federal funds by the |
| 606 | state; and the court is otherwise satisfied that the offender is |
| 607 | not a current or potential threat to public safety. The state |
| 608 | attorney in the circuit in which the petition is filed must be |
| 609 | given notice of the petition at least 3 weeks before the hearing |
| 610 | on the matter. The state attorney may present evidence in |
| 611 | opposition to the requested relief or may otherwise demonstrate |
| 612 | the reasons why the petition should be denied. If the court |
| 613 | denies the petition, the court may set a future date at which |
| 614 | the sexual offender may again petition the court for relief, |
| 615 | subject to the standards for relief provided in this subsection. |
| 616 | 3. The department shall remove an offender from |
| 617 | classification as a sexual offender for purposes of registration |
| 618 | if the offender provides to the department a certified copy of |
| 619 | the court's written findings or order that indicates that the |
| 620 | offender is no longer required to comply with the requirements |
| 621 | for registration as a sexual offender. |
| 622 | (b)(c) As defined in sub-subparagraph (1)(a)1.b. |
| 623 | subparagraph (1)(a)2. must maintain registration with the |
| 624 | department for the duration of his or her life until the person |
| 625 | provides the department with an order issued by the court that |
| 626 | designated the person as a sexual predator, as a sexually |
| 627 | violent predator, or by another sexual offender designation in |
| 628 | the state or jurisdiction in which the order was issued which |
| 629 | states that such designation has been removed or demonstrates to |
| 630 | the department that such designation, if not imposed by a court, |
| 631 | has been removed by operation of law or court order in the state |
| 632 | or jurisdiction in which the designation was made, and provided |
| 633 | such person no longer meets the criteria for registration as a |
| 634 | sexual offender under the laws of this state. |
| 635 | (14)(a) A sexual offender must report in person each year |
| 636 | during the month of the sexual offender's birthday and during |
| 637 | the sixth month following the sexual offender's birth month to |
| 638 | the sheriff's office in the county in which he or she resides or |
| 639 | is otherwise located to reregister. |
| 640 | (b) However, a sexual offender who is required to register |
| 641 | as a result of a conviction for a violation of s. 787.01 or s. |
| 642 | 787.02 where the victim is a minor and the offender is not the |
| 643 | victim's parent or guardian; a violation of chapter 794, |
| 644 | excluding ss. 794.011(10), 794.0235, 794.024, 794.027, 794.03, |
| 645 | 794.05, 794.065, and 794.075; any violation of s. 800.04 where |
| 646 | the court finds the use of force, threat, or coercion by the |
| 647 | offender, or resulting physical injury to the victim, or that |
| 648 | the victim was unconscious, substantially impaired, or suffered |
| 649 | a physical or mental disability resulting in a failure to |
| 650 | appraise or control the situation; a violation of s. |
| 651 | 800.04(5)(b); or any attempt or conspiracy to commit such |
| 652 | offense or a violation of a similar law of another jurisdiction |
| 653 | must reregister each year during the month of the sexual |
| 654 | offender's birthday and every third month thereafter. |
| 655 | (c) The sheriff's office may determine the appropriate |
| 656 | times and days for reporting by the sexual offender, which shall |
| 657 | be consistent with the reporting requirements of this subsection |
| 658 | paragraph. Reregistration shall include any changes to the |
| 659 | following information: |
| 660 | 1. Name; social security number; age; race; sex; date of |
| 661 | birth; height; weight; hair and eye color; address of any |
| 662 | permanent residence and address of any current temporary |
| 663 | residence, within the state or out of state, including a rural |
| 664 | route address and a post office box; date and place of any |
| 665 | employment; vehicle make, model, color, and license tag number; |
| 666 | fingerprints; and photograph. A post office box shall not be |
| 667 | provided in lieu of a physical residential address. |
| 668 | 2. If the sexual offender is enrolled, employed, or |
| 669 | carrying on a vocation at an institution of higher education in |
| 670 | this state, the sexual offender shall also provide to the |
| 671 | department the name, address, and county of each institution, |
| 672 | including each campus attended, and the sexual offender's |
| 673 | enrollment or employment status. |
| 674 | 3. If the sexual offender's place of residence is a motor |
| 675 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 676 | in chapter 320, the sexual offender shall also provide the |
| 677 | vehicle identification number; the license tag number; the |
| 678 | registration number; and a description, including color scheme, |
| 679 | of the motor vehicle, trailer, mobile home, or manufactured |
| 680 | home. If the sexual offender's place of residence is a vessel, |
| 681 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 682 | sexual offender shall also provide the hull identification |
| 683 | number; the manufacturer's serial number; the name of the |
| 684 | vessel, live-aboard vessel, or houseboat; the registration |
| 685 | number; and a description, including color scheme, of the |
| 686 | vessel, live-aboard vessel or houseboat. |
| 687 | 4. Any sexual offender who fails to report in person as |
| 688 | required at the sheriff's office, or who fails to respond to any |
| 689 | address verification correspondence from the department within 3 |
| 690 | weeks of the date of the correspondence, commits a felony of the |
| 691 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 692 | or s. 775.084. |
| 693 | (d)(b) The sheriff's office shall, within 2 working days, |
| 694 | electronically submit and update all information provided by the |
| 695 | sexual offender to the department in a manner prescribed by the |
| 696 | department. This procedure shall be implemented by December 1, |
| 697 | 2005. |
| 698 | Section 5. Section 943.44353, Florida Statutes, is created |
| 699 | to read: |
| 700 | 943.44353 Automatic notification of registration |
| 701 | information regarding sexual predators and offenders.-- |
| 702 | (1) The department shall develop and maintain a system to |
| 703 | provide automatic notification of registration information |
| 704 | regarding sexual predators and sexual offenders to the public. |
| 705 | (2) In accordance with the federal Adam Walsh Child |
| 706 | Protection and Safety Act of 2006, schools, public housing |
| 707 | agencies, agencies responsible for conducting employment-related |
| 708 | background checks under s. 3 of the National Child Protection |
| 709 | Act of 1993, 42 U.S.C. s. 5119a, as amended, social service |
| 710 | entities responsible for protecting minors in the child welfare |
| 711 | system, volunteer organizations in which contact with minors or |
| 712 | other vulnerable individuals might occur, and any other such |
| 713 | organization, company, or individual shall have access to the |
| 714 | notification system. |
| 715 | Section 6. Subsection (3) is added to section 943.0515, |
| 716 | Florida Statutes, to read: |
| 717 | 943.0515 Retention of criminal history records of |
| 718 | minors.-- |
| 719 | (3) Notwithstanding any other provision of this section, |
| 720 | the Criminal Justice Information Program shall retain the |
| 721 | criminal history record of a minor adjudicated delinquent for a |
| 722 | violation committed on or after July 1, 2007, of chapter 794, |
| 723 | excluding ss. 794.0235, 794.024, 794.027, 794.03, 794.05, |
| 724 | 794.065, and 794.075; any violation of s. 800.04 where the court |
| 725 | finds the use of force, threat, or coercion by the offender, or |
| 726 | resulting physical injury to the victim, or that the victim was |
| 727 | unconscious, substantially impaired, or suffered a physical or |
| 728 | mental disability resulting in a failure to appraise or control |
| 729 | the situation; or any attempt or conspiracy to commit such |
| 730 | offense, when the minor was 14 years of age or older at the time |
| 731 | of the offense. Such records shall not be destroyed and must be |
| 732 | merged with the person's adult criminal history record and |
| 733 | retained 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 |
| 736 | amended 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 |
| 740 | convicted of committing, or attempting, soliciting, or |
| 741 | conspiring to commit, any of the criminal offenses proscribed in |
| 742 | the following statutes in this state or similar offenses in |
| 743 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
| 744 | where the victim is a minor and the defendant is not the |
| 745 | victim's parent or guardian; chapter 794, excluding ss. |
| 746 | 794.011(10) and 794.0235; s. 796.03; s. 796.035; s. 800.04; s. |
| 747 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. |
| 748 | 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense |
| 749 | committed in this state which has been redesignated from a |
| 750 | former statute number to one of those listed in this subsection, |
| 751 | when the department has received verified information regarding |
| 752 | such conviction; an offender's computerized criminal history |
| 753 | record is not, in and of itself, verified information. |
| 754 | (3)(a) The department must provide information regarding |
| 755 | any sexual offender who is being released after serving a period |
| 756 | of incarceration for any offense, as follows: |
| 757 | 1. The department must provide: the sexual offender's |
| 758 | name, any change in the offender's name by reason of marriage or |
| 759 | other legal process, and any alias, if known; the correctional |
| 760 | facility from which the sexual offender is released; the sexual |
| 761 | offender's social security number, race, sex, date of birth, |
| 762 | height, weight, and hair and eye color; date and county of |
| 763 | sentence and each crime for which the offender was sentenced; a |
| 764 | copy of the offender's fingerprints and a digitized photograph |
| 765 | taken within 60 days before release; the date of release of the |
| 766 | sexual offender; and the offender's intended residence address, |
| 767 | if known. The department shall notify the Department of Law |
| 768 | Enforcement if the sexual offender escapes, absconds, or dies. |
| 769 | If the sexual offender is in the custody of a private |
| 770 | correctional facility, the facility shall take the digitized |
| 771 | photograph of the sexual offender within 60 days before the |
| 772 | sexual offender's release and provide this photograph to the |
| 773 | Department of Corrections and also place it in the sexual |
| 774 | offender's file. If the sexual offender is in the custody of a |
| 775 | local jail, the custodian of the local jail shall register the |
| 776 | offender within 3 business days after intake of the offender for |
| 777 | any reason and, upon release, notify the Department of Law |
| 778 | Enforcement of the sexual offender's release and provide to the |
| 779 | Department of Law Enforcement the information specified in this |
| 780 | paragraph and any information specified in subparagraph 2. that |
| 781 | the Department of Law Enforcement requests. |
| 782 | 2. The department may provide any other information deemed |
| 783 | necessary, including criminal and corrections records, |
| 784 | nonprivileged 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 |
| 787 | Statutes, are amended to read: |
| 788 | 944.607 Notification to Department of Law Enforcement of |
| 789 | information on sexual offenders.-- |
| 790 | (1) As used in this section, the term: |
| 791 | (a) "Sexual offender" means a person who is in the custody |
| 792 | or control of, or under the supervision of, the department or is |
| 793 | in the custody of a private correctional facility: |
| 794 | 1. On or after October 1, 1997, as a result of a |
| 795 | conviction for committing, or attempting, soliciting, or |
| 796 | conspiring to commit, any of the criminal offenses proscribed in |
| 797 | the following statutes in this state or similar offenses in |
| 798 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
| 799 | where the victim is a minor and the defendant is not the |
| 800 | victim's parent or guardian; chapter 794, excluding ss. |
| 801 | 794.011(10), and 794.0235, 794.024, 794.027, 794.03, 794.05, |
| 802 | 794.065, and 794.075; s. 796.03; s. 796.035; s. 800.04; s. |
| 803 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135; s. 847.0137; s. |
| 804 | 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense |
| 805 | committed in this state which has been redesignated from a |
| 806 | former statute number to one of those listed in this paragraph; |
| 807 | or |
| 808 | 2. Who establishes or maintains a residence in this state |
| 809 | and who has not been designated as a sexual predator by a court |
| 810 | of this state but who has been designated as a sexual predator, |
| 811 | as a sexually violent predator, or by another sexual offender |
| 812 | designation in another state or jurisdiction and was, as a |
| 813 | result of such designation, subjected to registration or |
| 814 | community or public notification, or both, or would be if the |
| 815 | person were a resident of that state or jurisdiction, without |
| 816 | regard as to whether the person otherwise meets the criteria for |
| 817 | registration as a sexual offender. |
| 818 | (3) If a sexual offender is not sentenced to a term of |
| 819 | imprisonment, the clerk of the court shall ensure that the |
| 820 | sexual offender's fingerprints and sexual offender registration |
| 821 | are taken and forwarded to the Department of Law Enforcement |
| 822 | within 48 hours after the court sentences the offender. The |
| 823 | fingerprint card shall be clearly marked "Sexual Offender |
| 824 | Registration Card." |
| 825 | (4) A sexual offender, as described in this section, who |
| 826 | is under the supervision of the Department of Corrections but is |
| 827 | not incarcerated must register with the Department of |
| 828 | Corrections within 3 business days after sentencing for a |
| 829 | registerable offense and otherwise provide information as |
| 830 | required by this subsection. |
| 831 | (a) The sexual offender shall provide his or her name; |
| 832 | date of birth; social security number; race; sex; height; |
| 833 | weight; hair and eye color; tattoos or other identifying marks; |
| 834 | and permanent or legal residence and address of temporary |
| 835 | residence within the state or out of state while the sexual |
| 836 | offender is under supervision in this state, including any rural |
| 837 | route address or post office box. The Department of Corrections |
| 838 | shall verify the address of each sexual offender in the manner |
| 839 | described in ss. 775.21 and 943.0435. The department shall |
| 840 | report to the Department of Law Enforcement any failure by a |
| 841 | sexual predator or sexual offender to comply with registration |
| 842 | requirements. |
| 843 | (b) If the sexual offender is enrolled, employed, or |
| 844 | carrying on a vocation at an institution of higher education in |
| 845 | this state, the sexual offender shall provide the name, address, |
| 846 | and county of each institution, including each campus attended, |
| 847 | and the sexual offender's enrollment or employment status. Each |
| 848 | change in enrollment or employment status shall be reported to |
| 849 | the department within 48 hours after the change in status. The |
| 850 | Department of Corrections shall promptly notify each institution |
| 851 | of the sexual offender's presence and any change in the sexual |
| 852 | offender's enrollment or employment status. |
| 853 | (7) If the sexual offender is in the custody of a local |
| 854 | jail, the custodian of the local jail shall register the |
| 855 | offender within 3 business days of intake of the offender for |
| 856 | any reason and, upon release, forward the information to the |
| 857 | Department of Law Enforcement. The custodian of the local jail |
| 858 | shall also take a digitized photograph of the sexual offender |
| 859 | while the offender remains in custody and shall provide the |
| 860 | digitized photograph to the Department of Law Enforcement. |
| 861 | (11) The department, the Department of Highway Safety and |
| 862 | Motor Vehicles, the Department of Law Enforcement, the |
| 863 | Department of Corrections, the Department of Juvenile Justice, |
| 864 | personnel of those departments, and any individual or entity |
| 865 | acting at the request or upon the direction of those departments |
| 866 | are immune from civil liability for damages for good faith |
| 867 | compliance with this section, and shall be presumed to have |
| 868 | acted in good faith in compiling, recording, reporting, or |
| 869 | providing information. The presumption of good faith is not |
| 870 | overcome if technical or clerical errors are made by the |
| 871 | department, the Department of Highway Safety and Motor Vehicles, |
| 872 | the Department of Law Enforcement, the Department of Juvenile |
| 873 | Justice, personnel of those departments, or any individual or |
| 874 | entity acting at the request or upon the direction of those |
| 875 | departments in compiling, recording, reporting, or providing |
| 876 | information, or, if the information is incomplete or incorrect |
| 877 | because the information has not been provided by a person or |
| 878 | agency required to provide the information, or because the |
| 879 | information was not reported or was falsely reported. |
| 880 | (13)(a) A sexual offender must report in person each year |
| 881 | during the month of the sexual offender's birthday and during |
| 882 | the sixth month following the sexual offender's birth month to |
| 883 | the sheriff's office in the county in which he or she resides or |
| 884 | is otherwise located to reregister. |
| 885 | (b) However, a sexual offender who is required to register |
| 886 | as a result of a conviction for a violation of s. 787.01 or s. |
| 887 | 787.02 where the victim is a minor and the offender is not the |
| 888 | victim's parent or guardian; a violation of chapter 794, |
| 889 | excluding ss. 794.011(10), 794.0235, 794.024, 794.027, 794.03, |
| 890 | 794.05, 794.065, and 794.075; any violation of s. 800.04 where |
| 891 | the court finds the use of force, threat, or coercion by the |
| 892 | offender, or resulting physical injury to the victim, or that |
| 893 | the victim was unconscious, substantially impaired, or suffered |
| 894 | a physical or mental disability resulting in a failure to |
| 895 | appraise or control the situation; a violation of s. |
| 896 | 800.04(5)(b); or any attempt or conspiracy to commit such |
| 897 | offense or a violation of a similar law of another jurisdiction |
| 898 | must reregister each year during the month of the sexual |
| 899 | offender's birthday and every third month thereafter. |
| 900 | (c) The sheriff's office may determine the appropriate |
| 901 | times and days for reporting by the sexual offender, which shall |
| 902 | be consistent with the reporting requirements of this subsection |
| 903 | paragraph. Reregistration shall include any changes to the |
| 904 | following information: |
| 905 | 1. Name; social security number; age; race; sex; date of |
| 906 | birth; height; weight; hair and eye color; address of any |
| 907 | permanent residence and address of any current temporary |
| 908 | residence, within the state or out of state, including a rural |
| 909 | route address and a post office box; date and place of any |
| 910 | employment; vehicle make, model, color, and license tag number; |
| 911 | fingerprints; and photograph. A post office box shall not be |
| 912 | provided in lieu of a physical residential address. |
| 913 | 2. If the sexual offender is enrolled, employed, or |
| 914 | carrying on a vocation at an institution of higher education in |
| 915 | this state, the sexual offender shall also provide to the |
| 916 | department the name, address, and county of each institution, |
| 917 | including each campus attended, and the sexual offender's |
| 918 | enrollment or employment status. |
| 919 | 3. If the sexual offender's place of residence is a motor |
| 920 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 921 | in chapter 320, the sexual offender shall also provide the |
| 922 | vehicle identification number; the license tag number; the |
| 923 | registration number; and a description, including color scheme, |
| 924 | of the motor vehicle, trailer, mobile home, or manufactured |
| 925 | home. If the sexual offender's place of residence is a vessel, |
| 926 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 927 | sexual offender shall also provide the hull identification |
| 928 | number; the manufacturer's serial number; the name of the |
| 929 | vessel, live-aboard vessel, or houseboat; the registration |
| 930 | number; and a description, including color scheme, of the |
| 931 | vessel, live-aboard vessel, or houseboat. |
| 932 | 4. Any sexual offender who fails to report in person as |
| 933 | required at the sheriff's office, or who fails to respond to any |
| 934 | address verification correspondence from the department within 3 |
| 935 | weeks of the date of the correspondence, commits a felony of the |
| 936 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 937 | and s. 775.084. |
| 938 | (d)(b) The sheriff's office shall, within 2 working days, |
| 939 | electronically submit and update all information provided by the |
| 940 | sexual offender to the Florida Department of Law Enforcement in |
| 941 | a manner prescribed by the Florida Department of Law |
| 942 | Enforcement. This procedure shall be implemented by December 1, |
| 943 | 2005. |
| 944 | Section 9. Subsection (6) of section 985.04, Florida |
| 945 | Statutes, is amended to read: |
| 946 | 985.04 Oaths; records; confidential information.-- |
| 947 | (6)(a) Records maintained by the department, including |
| 948 | copies of records maintained by the court, which pertain to a |
| 949 | child found to have committed a delinquent act which, if |
| 950 | committed by an adult, would be a crime specified in ss. 435.03 |
| 951 | and 435.04 may not be destroyed under this section for a period |
| 952 | of 25 years after the youth's final referral to the department, |
| 953 | except in cases of the death of the child. Such records, |
| 954 | however, shall be sealed by the court for use only in meeting |
| 955 | the screening requirements for personnel in s. 402.3055 and the |
| 956 | other sections cited above, or under departmental rule; however, |
| 957 | current criminal history information must be obtained from the |
| 958 | Department of Law Enforcement in accordance with s. 943.053. The |
| 959 | information shall be released to those persons specified in the |
| 960 | above cited sections for the purposes of complying with those |
| 961 | sections. The court may punish by contempt any person who |
| 962 | releases or uses the records for any unauthorized purpose. |
| 963 | (b) Sexual offender and predator registration information |
| 964 | as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481, |
| 965 | and 985.4815 is public record pursuant to s. 119.07(1) and as |
| 966 | otherwise provided by law. |
| 967 | Section 10. Subsection (2) of section 985.045, Florida |
| 968 | Statutes, is amended to read: |
| 969 | 985.045 Court records.-- |
| 970 | (2) The clerk shall keep all official records required by |
| 971 | this section separate from other records of the circuit court, |
| 972 | except those records pertaining to motor vehicle violations, |
| 973 | which shall be forwarded to the Department of Highway Safety and |
| 974 | Motor Vehicles. Except as provided in ss. 943.053, 985.04(6)(b), |
| 975 | and 985.04(7), official records required by this chapter are not |
| 976 | open to inspection by the public, but may be inspected only upon |
| 977 | order of the court by persons deemed by the court to have a |
| 978 | proper interest therein, except that a child and the parents, |
| 979 | guardians, or legal custodians of the child and their attorneys, |
| 980 | law enforcement agencies, the Department of Juvenile Justice and |
| 981 | its designees, the Parole Commission, the Department of |
| 982 | Corrections, and the Justice Administrative Commission shall |
| 983 | always have the right to inspect and copy any official record |
| 984 | pertaining to the child. The court may permit authorized |
| 985 | representatives of recognized organizations compiling statistics |
| 986 | for proper purposes to inspect, and make abstracts from, |
| 987 | official records under whatever conditions upon the use and |
| 988 | disposition of such records the court may deem proper and may |
| 989 | punish by contempt proceedings any violation of those |
| 990 | conditions. |
| 991 | Section 11. Section 985.481, Florida Statutes, is created |
| 992 | to read: |
| 993 | 985.481 Sexual offenders adjudicated delinquent; |
| 994 | notification upon release.-- |
| 995 | (1) As used in this section: |
| 996 | (a) "Convicted" has the same meaning as provided in s. |
| 997 | 943.0435. |
| 998 | (b) "Sexual offender" means a person who has been |
| 999 | adjudicated delinquent as provided in s. 943.0435(1)(a)1.d. |
| 1000 | (2) The Legislature finds that sexual offenders, |
| 1001 | especially those who have committed their offenses against |
| 1002 | minors, often pose a high risk of engaging in sexual offenses |
| 1003 | even after being released from incarceration or commitment and |
| 1004 | that protection of the public from sexual offenders is a |
| 1005 | paramount governmental interest. Sexual offenders have a reduced |
| 1006 | expectation of privacy because of the public's interest in |
| 1007 | public safety and in the effective operation of government. |
| 1008 | Releasing sexual offender information to law enforcement |
| 1009 | agencies, to persons who request such information, and to the |
| 1010 | public by a law enforcement agency or public agency will further |
| 1011 | the governmental interests of public safety. |
| 1012 | (3)(a) The department must provide information regarding |
| 1013 | any sexual offender who is being released after serving a period |
| 1014 | of residential commitment or other detention under the |
| 1015 | department for any offense, as follows: |
| 1016 | 1. The department must provide the sexual offender's name, |
| 1017 | any change in the offender's name by reason of marriage or other |
| 1018 | legal process, and any alias, if known; the correctional |
| 1019 | facility from which the sexual offender is released; the sexual |
| 1020 | offender's social security number, race, sex, date of birth, |
| 1021 | height, weight, and hair and eye color; date and county of |
| 1022 | disposition and each crime for which there was a disposition; a |
| 1023 | copy of the offender's fingerprints and a digitized photograph |
| 1024 | taken within 60 days before release; the date of release of the |
| 1025 | sexual offender; and the offender's intended residence address, |
| 1026 | if known. The department shall notify the Department of Law |
| 1027 | Enforcement if the sexual offender escapes, absconds, or dies. |
| 1028 | If the sexual offender is in the custody of a private |
| 1029 | correctional facility, the facility shall take the digitized |
| 1030 | photograph of the sexual offender within 60 days before the |
| 1031 | sexual offender's release and also place it in the sexual |
| 1032 | offender's file. If the sexual offender is in the custody of a |
| 1033 | local jail or detention center, the custodian of the local jail |
| 1034 | or detention center shall register the offender within 3 |
| 1035 | business days after intake of the offender for any reason and, |
| 1036 | upon release, notify the Department of Law Enforcement of the |
| 1037 | sexual offender's release and provide to the Department of Law |
| 1038 | Enforcement the information specified in this subparagraph and |
| 1039 | any information specified in subparagraph 2. that the Department |
| 1040 | of Law Enforcement requests. |
| 1041 | 2. The department may provide any other information deemed |
| 1042 | necessary, including criminal and delinquency records, when |
| 1043 | available. |
| 1044 | (b) The department must provide the information described |
| 1045 | in subparagraph (a)1. to the following: |
| 1046 | 1. The sheriff of the county from where the sexual |
| 1047 | offender offense was disposed. |
| 1048 | 2. The sheriff of the county and, if applicable, the |
| 1049 | police chief of the municipality where the sexual offender plans |
| 1050 | to reside. |
| 1051 | 3. The Department of Law Enforcement. |
| 1052 | 4. When requested, the victim of the offense, the victim's |
| 1053 | parent or legal guardian if the victim is a minor, the lawful |
| 1054 | representative of the victim or of the victim's parent or |
| 1055 | guardian if the victim is a minor, or the next of kin if the |
| 1056 | victim is a homicide victim. |
| 1057 | 5. Any person who requests such information, either within |
| 1058 | 6 months prior to the anticipated release of a sexual offender |
| 1059 | or as soon as possible if an offender is released earlier than |
| 1060 | anticipated. All such information provided to the Department of |
| 1061 | Law Enforcement must be available electronically as soon as the |
| 1062 | information is in the agency's database and must be in a format |
| 1063 | that is compatible with the requirements of the Florida Crime |
| 1064 | Information Center. |
| 1065 | (c) Upon request, the department must provide the |
| 1066 | information described in subparagraph (a)2. to the following: |
| 1067 | 1. The sheriff of the county from where the sexual |
| 1068 | offender was sentenced. |
| 1069 | 2. The sheriff of the county and, if applicable, the |
| 1070 | police chief of the municipality where the sexual offender plans |
| 1071 | to reside, either within 6 months prior to the anticipated |
| 1072 | release of a sexual offender or as soon as possible if an |
| 1073 | offender is released earlier than anticipated. |
| 1074 | (d) Upon receiving information regarding a sexual offender |
| 1075 | from the department, the Department of Law Enforcement, the |
| 1076 | sheriff, or the chief of police shall provide the information |
| 1077 | described in subparagraph (a)1. to any individual who requests |
| 1078 | such information and may release the information to the public |
| 1079 | in any manner deemed appropriate, unless the information so |
| 1080 | received is confidential or exempt from s. 119.07(1) and s. |
| 1081 | 24(a), Art. I of the State Constitution. |
| 1082 | (4) This section authorizes the department or any law |
| 1083 | enforcement agency to notify the community and the public of a |
| 1084 | sexual offender's presence in the community. However, with |
| 1085 | respect to a sexual offender who has been found to be a sexual |
| 1086 | predator under chapter 775, the Department of Law Enforcement or |
| 1087 | any other law enforcement agency must inform the community and |
| 1088 | the public of the sexual predator's presence in the community as |
| 1089 | provided in chapter 775. |
| 1090 | (5) An elected or appointed official, public employee, |
| 1091 | school administrator or employee, or agency, or any individual |
| 1092 | or entity acting at the request or upon the direction of any law |
| 1093 | enforcement agency, is immune from civil liability for damages |
| 1094 | resulting from the release of information under this section. |
| 1095 | Section 12. Section 985.4815, Florida Statutes, is created |
| 1096 | to read: |
| 1097 | 985.4815 Notification to Department of Law Enforcement of |
| 1098 | information on juvenile sexual offenders.-- |
| 1099 | (1) As used in this section, the term: |
| 1100 | (a) "Change in enrollment or employment status" means the |
| 1101 | commencement or termination of enrollment or employment or a |
| 1102 | change in location of enrollment or employment. |
| 1103 | (b) "Conviction" has the same meaning as provided in s. |
| 1104 | 943.0435. |
| 1105 | (c) "Institution of higher education" means a career |
| 1106 | center, community college, college, state university, or |
| 1107 | independent postsecondary institution. |
| 1108 | (d) "Sexual offender" means a person who is in the care or |
| 1109 | custody or under the jurisdiction or supervision of the |
| 1110 | department or is in the custody of a private correctional |
| 1111 | facility and who: |
| 1112 | 1. Has been adjudicated delinquent as provided in s. |
| 1113 | 943.0435(1)(a)1.d.; or |
| 1114 | 2. Is a minor who establishes or maintains a residence in |
| 1115 | this state and has not been designated as a sexual predator by a |
| 1116 | court of this state but has been designated as a sexual |
| 1117 | predator, as a sexually violent predator, or by another sexual |
| 1118 | offender designation in another state or jurisdiction and was, |
| 1119 | as a result of such designation, subjected to registration or |
| 1120 | community or public notification, or both, or would be if the |
| 1121 | person were a resident of that state or jurisdiction, without |
| 1122 | regard to whether the person otherwise meets the criteria for |
| 1123 | registration as a sexual offender. |
| 1124 | (2) The clerk of that court which adjudicated and entered |
| 1125 | a disposition regarding the sexual offender for the offense or |
| 1126 | offenses for which he or she was convicted shall forward to the |
| 1127 | department and the Department of Law Enforcement a certified |
| 1128 | copy of any order entered by the court imposing any special |
| 1129 | condition or restriction on the sexual offender that restricts |
| 1130 | or prohibits access to the victim, if the victim is a minor, or |
| 1131 | to other minors. The Department of Law Enforcement may include |
| 1132 | on its Internet website such special conditions or restrictions. |
| 1133 | (3) If a sexual offender is not sentenced to a term of |
| 1134 | residential commitment, the clerk of the court shall ensure that |
| 1135 | the sexual offender's fingerprints and sexual offender |
| 1136 | registration are taken and forwarded to the Department of Law |
| 1137 | Enforcement within 48 hours after the court sentences the |
| 1138 | offender. The fingerprint card shall be clearly marked "Sexual |
| 1139 | Offender Registration Card." |
| 1140 | (4) A sexual offender, as described in this section, who |
| 1141 | is under the supervision of the department but is not committed |
| 1142 | must register with the department within 3 business days after |
| 1143 | adjudication and disposition for a registerable offense and |
| 1144 | otherwise provide information as required by this subsection. |
| 1145 | (a) The sexual offender shall provide his or her name; |
| 1146 | date of birth; social security number; race; sex; height; |
| 1147 | weight; hair and eye color; tattoos or other identifying marks; |
| 1148 | and permanent or legal residence and address of temporary |
| 1149 | residence within the state or out of state while the sexual |
| 1150 | offender is in the care or custody or under the jurisdiction or |
| 1151 | supervision of the department in this state, including any rural |
| 1152 | route address or post office box, and the name and address of |
| 1153 | each school attended. The department shall verify the address of |
| 1154 | each sexual offender in the manner described in ss. 775.21 and |
| 1155 | 943.0435 and shall report to the Department of Law Enforcement |
| 1156 | any failure by a sexual offender to comply with registration |
| 1157 | requirements. |
| 1158 | (b) If the sexual offender is enrolled, employed, or |
| 1159 | carrying on a vocation at an institution of higher education in |
| 1160 | this state, the sexual offender shall provide the name, address, |
| 1161 | and county of each institution, including each campus attended, |
| 1162 | and the sexual offender's enrollment or employment status. Each |
| 1163 | change in enrollment or employment status shall be reported to |
| 1164 | the department within 48 hours after the change in status. The |
| 1165 | department shall promptly notify each institution of the sexual |
| 1166 | offender's presence and any change in the sexual offender's |
| 1167 | enrollment or employment status. |
| 1168 | (5) In addition to notification and transmittal |
| 1169 | requirements imposed by any other provision of law, the |
| 1170 | department shall compile information on any sexual offender and |
| 1171 | provide the information to the Department of Law Enforcement. |
| 1172 | The information shall be made available electronically to the |
| 1173 | Department of Law Enforcement as soon as this information is in |
| 1174 | the department's database and must be in a format that is |
| 1175 | compatible with the requirements of the Florida Crime |
| 1176 | Information Center. |
| 1177 | (6)(a) The information provided to the Department of Law |
| 1178 | Enforcement must include the following: |
| 1179 | 1. The information obtained from the sexual offender under |
| 1180 | subsection (4). |
| 1181 | 2. The sexual offender's most current address and place of |
| 1182 | permanent or temporary residence within the state or out of |
| 1183 | state while the sexual offender is in the care or custody or |
| 1184 | under the jurisdiction or supervision of the department in this |
| 1185 | state, including the name of the county or municipality in which |
| 1186 | the offender permanently or temporarily resides and, if known, |
| 1187 | the intended place of permanent or temporary residence upon |
| 1188 | satisfaction of all sanctions. |
| 1189 | 3. The legal status of the sexual offender and the |
| 1190 | scheduled termination date of that legal status. |
| 1191 | 4. The location of, and local telephone number for, any |
| 1192 | department office that is responsible for supervising the sexual |
| 1193 | offender. |
| 1194 | 5. An indication of whether the victim of the offense that |
| 1195 | resulted in the offender's status as a sexual offender was a |
| 1196 | minor. |
| 1197 | 6. The offense or offenses at adjudication and disposition |
| 1198 | that resulted in the determination of the offender's status as a |
| 1199 | sex offender. |
| 1200 | 7. A digitized photograph of the sexual offender, which |
| 1201 | must have been taken within 60 days before the offender was |
| 1202 | released from the custody of the department or a private |
| 1203 | correctional facility by expiration of sentence under s. |
| 1204 | 944.275, or within 60 days after the onset of the department's |
| 1205 | supervision of any sexual offender who is on probation, |
| 1206 | postcommitment probation, residential commitment, nonresidential |
| 1207 | commitment, licensed child-caring commitment, community control, |
| 1208 | conditional release, parole, provisional release, or control |
| 1209 | release or who is supervised by the department under the |
| 1210 | Interstate Compact Agreement for Probationers and Parolees. If |
| 1211 | the sexual offender is in the custody of a private correctional |
| 1212 | facility, the facility shall take a digitized photograph of the |
| 1213 | sexual offender within the time period provided in this |
| 1214 | subparagraph and shall provide the photograph to the department. |
| 1215 | (b) If any information provided by the department changes |
| 1216 | during the time the sexual offender is under the department's |
| 1217 | care, control, custody, or supervision, including any change in |
| 1218 | the offender's name by reason of marriage or other legal |
| 1219 | process, the department shall, in a timely manner, update the |
| 1220 | information and provide it to the Department of Law Enforcement |
| 1221 | in the manner prescribed in subsection (5). |
| 1222 | (7) If the sexual offender is in the custody of a local |
| 1223 | jail or detention center, the custodian of the local jail shall |
| 1224 | register the offender within 3 business days after intake of the |
| 1225 | offender for any reason and, upon release, forward the |
| 1226 | information to the Department of Law Enforcement. The custodian |
| 1227 | of the local jail shall also take a digitized photograph of the |
| 1228 | sexual offender while the offender remains in custody and shall |
| 1229 | provide the digitized photograph to the Department of Law |
| 1230 | Enforcement. |
| 1231 | (8) If the sexual offender is under federal supervision, |
| 1232 | the federal agency responsible for supervising the sexual |
| 1233 | offender may forward to the Department of Law Enforcement any |
| 1234 | information regarding the sexual offender that is consistent |
| 1235 | with the information provided by the department under this |
| 1236 | section and may indicate whether use of the information is |
| 1237 | restricted to law enforcement purposes only or may be used by |
| 1238 | the Department of Law Enforcement for purposes of public |
| 1239 | notification. |
| 1240 | (9) A sexual offender, as described in this section, who |
| 1241 | is under the care, jurisdiction, or supervision of the |
| 1242 | department but who is not incarcerated shall, in addition to the |
| 1243 | registration requirements provided in subsection (4), register |
| 1244 | in the manner provided in s. 943.0435(3), (4), and (5), unless |
| 1245 | the sexual offender is a sexual predator, in which case he or |
| 1246 | she shall register as required under s. 775.21. A sexual |
| 1247 | offender who fails to comply with the requirements of s. |
| 1248 | 943.0435 is subject to the penalties provided in s. 943.0435(9). |
| 1249 | (10)(a) The failure of a sexual offender to submit to the |
| 1250 | taking of a digitized photograph, or to otherwise comply with |
| 1251 | the requirements of this section, is a felony of the third |
| 1252 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 1253 | 775.084. |
| 1254 | (b) A sexual offender who commits any act or omission in |
| 1255 | violation of this section may be prosecuted for the act or |
| 1256 | omission in the county in which the act or omission was |
| 1257 | committed, the county of the last registered address of the |
| 1258 | sexual offender, or the county in which the adjudication and |
| 1259 | disposition occurred for the offense or offenses that meet the |
| 1260 | criteria for designating a person as a sexual offender. |
| 1261 | (c) An arrest on charges of failure to register when the |
| 1262 | offender has been provided and advised of his or her statutory |
| 1263 | obligations to register under s. 943.0435(2), the service of an |
| 1264 | information or a complaint for a violation of this section, or |
| 1265 | an arraignment on charges for a violation of this section |
| 1266 | constitutes actual notice of the duty to register. A sexual |
| 1267 | offender's failure to immediately register as required by this |
| 1268 | section following such arrest, service, or arraignment |
| 1269 | constitutes grounds for a subsequent charge of failure to |
| 1270 | register. A sexual offender charged with the crime of failure to |
| 1271 | register who asserts, or intends to assert, a lack of notice of |
| 1272 | the duty to register as a defense to a charge of failure to |
| 1273 | register shall immediately register as required by this section. |
| 1274 | A sexual offender who is charged with a subsequent failure to |
| 1275 | register may not assert the defense of a lack of notice of the |
| 1276 | duty to register. |
| 1277 | (d) Registration following such arrest, service, or |
| 1278 | arraignment is not a defense and does not relieve the sexual |
| 1279 | offender of criminal liability for the failure to register. |
| 1280 | (11) The department, the Department of Highway Safety and |
| 1281 | Motor Vehicles, the Department of Law Enforcement, the |
| 1282 | Department of Corrections, personnel of those departments, and |
| 1283 | any individual or entity acting at the request or upon the |
| 1284 | direction of those departments are immune from civil liability |
| 1285 | for damages for good faith compliance with this section and |
| 1286 | shall be presumed to have acted in good faith in compiling, |
| 1287 | recording, reporting, or providing information. The presumption |
| 1288 | of good faith is not overcome if technical or clerical errors |
| 1289 | are made by the department, the Department of Highway Safety and |
| 1290 | Motor Vehicles, the Department of Law Enforcement, the |
| 1291 | Department of Corrections, personnel of those departments, or |
| 1292 | any individual or entity acting at the request or upon the |
| 1293 | direction of those departments in compiling, recording, |
| 1294 | reporting, or providing information, or, if the information is |
| 1295 | incomplete or incorrect because the information has not been |
| 1296 | provided by a person or agency required to provide it, was not |
| 1297 | reported, or was falsely reported. |
| 1298 | (12) Any person who has reason to believe that a sexual |
| 1299 | offender is not complying, or has not complied, with the |
| 1300 | requirements of this section and who, with the intent to assist |
| 1301 | the sexual offender in eluding a law enforcement agency that is |
| 1302 | seeking to find the sexual offender to question the sexual |
| 1303 | offender about, or to arrest the sexual offender for, his or her |
| 1304 | noncompliance with the requirements of this section: |
| 1305 | (a) Withholds information from, or does not notify, the |
| 1306 | law enforcement agency about the sexual offender's noncompliance |
| 1307 | with the requirements of this section and, if known, the |
| 1308 | whereabouts of the sexual offender; |
| 1309 | (b) Harbors, attempts to harbor, or assists another person |
| 1310 | in harboring or attempting to harbor the sexual offender; |
| 1311 | (c) Conceals, attempts to conceal, or assists another |
| 1312 | person in concealing or attempting to conceal the sexual |
| 1313 | offender; or |
| 1314 | (d) Provides information to the law enforcement agency |
| 1315 | regarding the sexual offender that the person knows to be false |
| 1316 |
|
| 1317 | commits a felony of the third degree, punishable as provided in |
| 1318 | s. 775.082, s. 775.083, or s. 775.084. This subsection does not |
| 1319 | apply if the sexual offender is incarcerated in or is in the |
| 1320 | custody of a state correctional facility, a private correctional |
| 1321 | facility, a local jail, or a federal correctional facility. |
| 1322 | (13)(a) A sexual offender must report in person each year |
| 1323 | during the month of the sexual offender's birthday and during |
| 1324 | every third month thereafter to the sheriff's office in the |
| 1325 | county in which he or she resides or is otherwise located to |
| 1326 | reregister. |
| 1327 | (b) The sheriff's office may determine the appropriate |
| 1328 | times and days for reporting by the sexual offender, which shall |
| 1329 | be consistent with the reporting requirements of this |
| 1330 | subsection. Reregistration shall include any changes to the |
| 1331 | following information: |
| 1332 | 1. Name; social security number; age; race; sex; date of |
| 1333 | birth; height; weight; hair and eye color; address of any |
| 1334 | permanent residence and address of any current temporary |
| 1335 | residence, within the state or out of state, including a rural |
| 1336 | route address and a post office box; name and address of each |
| 1337 | school attended; date and place of any employment; vehicle make, |
| 1338 | model, color, and license tag number; fingerprints; and |
| 1339 | photograph. A post office box shall not be provided in lieu of a |
| 1340 | physical residential address. |
| 1341 | 2. If the sexual offender is enrolled, employed, or |
| 1342 | carrying on a vocation at an institution of higher education in |
| 1343 | this state, the sexual offender shall also provide to the |
| 1344 | department the name, address, and county of each institution, |
| 1345 | including each campus attended, and the sexual offender's |
| 1346 | enrollment or employment status. |
| 1347 | 3. If the sexual offender's place of residence is a motor |
| 1348 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 1349 | in chapter 320, the sexual offender shall also provide the |
| 1350 | vehicle identification number; the license tag number; the |
| 1351 | registration number; and a description, including color scheme, |
| 1352 | of the motor vehicle, trailer, mobile home, or manufactured |
| 1353 | home. If the sexual offender's place of residence is a vessel, |
| 1354 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 1355 | sexual offender shall also provide the hull identification |
| 1356 | number; the manufacturer's serial number; the name of the |
| 1357 | vessel, live-aboard vessel, or houseboat; the registration |
| 1358 | number; and a description, including color scheme, of the |
| 1359 | vessel, live-aboard vessel, or houseboat. |
| 1360 | 4. Any sexual offender who fails to report in person as |
| 1361 | required at the sheriff's office, or who fails to respond to any |
| 1362 | address verification correspondence from the department within 3 |
| 1363 | weeks after the date of the correspondence, commits a felony of |
| 1364 | the third degree, punishable as provided in s. 775.082, s. |
| 1365 | 775.083, and s. 775.084. |
| 1366 | (c) The sheriff's office shall, within 2 working days, |
| 1367 | electronically submit and update all information provided by the |
| 1368 | sexual offender to the Department of Law Enforcement in a manner |
| 1369 | prescribed by that department. |
| 1370 | Section 13. This act shall take effect July 1, 2007. |