_h0665c1

CS/HB 665

A bill to be entitled

An act relating to sexual offenders and predators;

amending s. 775.21, F.S.; revising sexual predator

criteria; correcting a cross-reference; revising

provisions relating to registration of predators under the

supervision of the Department of Corrections; requiring

sexual predators to register with the Department of Law

Enforcement through a sheriff's office; deleting

provisions allowing certain predators to have predator

designation removed after a specified period; revising

references to applicable federal law; revising provisions

relating to verification of addresses; requiring more

frequent reregistration for specified offenders; providing

specified immunity to the Department of Juvenile Justice;

amending s. 943.0435, F.S.; revising criteria for sexual

offender designation; revising the definition of the term

"conviction" to include certain adjudications of

delinquency; revising reporting requirements; revising

references to applicable federal law; revising provisions

relating to verification of addresses; providing specified

immunity to the Department of Juvenile Justice; revising

provisions relating to petitions to allow certain

offenders to remove the offender designation after a

specified period; requiring more frequent reregistration

for specified offenders; creating s. 943.04354, F.S.;

providing for exclusion from or removal of requirement to

creating s. 943.44353, F.S.; requiring development and

maintenance of a system to provide automatic notification

of registration information regarding sexual predators and

sexual offenders to the public; amending s. 943.0515,

F.S.; requiring retention of records of minors adjudicated

delinquent of specified sexual offenses; amending s.

944.606, F.S.; revising criteria for sexual offender

designation; providing registration and notification

duties for a custodian of a local jail regarding sexual

offenders; amending s. 944.607, F.S.; revising the

definition of a sexual offender for notification purposes;

revising duties of clerks of court; revising registration

requirements; providing registration and notification

duties for a custodian of a local jail regarding sexual

offenders; providing specified immunity to the Department

of Juvenile Justice; requiring more frequent

reregistration for specified offenders; amending s.

985.04, F.S.; providing that specified sexual predator and

offender registration information is public record;

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

creating s. 985.481, F.S.; providing for notification upon

release of specified juvenile sexual offenders; providing

for availability of specified information concerning such

offenders; providing immunity for specified officials;

creating s. 985.4815, F.S.; providing for notification to

the Department of Law Enforcement concerning specified

juvenile sexual offenders; providing definitions;

providing duties of clerks of court; providing

registration requirements; requiring specified information

to be made available to the Department of Law Enforcement;

providing duties of a custodian of a local jail; providing

for forwarding of information for specified offenders

under federal supervision; providing penalties for failure

to comply with requirements; providing venue for

prosecution of specified offenses; providing for the

effect of certain actions; providing that registration

following certain actions does not provide a defense to

specified charges; providing immunity for specified

agencies and persons for certain actions; prohibiting

certain acts concerning offenders; providing criminal

penalties; providing reporting requirements for offenders;

amending s. 921.0022, F.S.; including specified offenses

within the offense severity ranking chart of the Criminal

Punishment Code; providing an effective date.

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

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

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

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

section 775.21, Florida Statutes, are amended to read:

775.21 The Florida Sexual Predators Act.--

(4) SEXUAL PREDATOR CRITERIA.--

(a) For a current offense committed on or after October 1,

1993, upon conviction, an offender shall be designated as a

"sexual predator" under subsection (5), and subject to

registration under subsection (6) and community and public

notification under subsection (7) if:

1. The felony is:

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

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

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

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

847.0145, or a violation of a similar law of another

jurisdiction; or

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

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

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

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

~~and 794.0235~~; s. 796.03; s. 796.035; s. 800.04; s.

825.1025(2)(b); s. 827.071; s. 847.0145; or s. 985.701(1); or a

violation of a similar law of another jurisdiction, and the

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offender has previously been convicted of or found to have

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committed, or has pled nolo contendere or guilty to, regardless

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of adjudication, any violation of s. 787.01, s. 787.02, or s.

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

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not the victim's parent or guardian; s. 794.011, excluding s.

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794.011(10) ~~(2), (3), (4), (5), or (8)~~; s. 794.05; s. 796.03; s.

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796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.

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847.0135, excluding s. 847.0135(4); s. 847.0145; or s.

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

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jurisdiction;

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

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or similar law of another jurisdiction that is necessary for the

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operation of this paragraph; and

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

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jurisdiction necessary to the operation of this paragraph has

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not been set aside in any postconviction proceeding.

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predator by the Department of Corrections, the department, or

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any other law enforcement agency and if:

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

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finding at the time of sentencing that the offender was a sexual

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predator; or

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2. The offender was administratively registered as a

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sexual predator because the Department of Corrections, the

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department, or any other law enforcement agency obtained

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information that indicated that the offender met the criteria

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

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similar law in another jurisdiction,

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the department shall remove that offender from the department's

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list of sexual predators and, for an offender described under

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subparagraph 1., shall notify the state attorney who prosecuted

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the offense that met the criteria for administrative designation

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as a sexual predator, and, for an offender described under this

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paragraph ~~subparagraph~~, shall notify the state attorney of the

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county where the offender establishes or maintains a permanent

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or temporary residence. The state attorney shall bring the

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matter to the court's attention in order to establish that the

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offender meets the criteria for designation as a sexual

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predator. If the court makes a written finding that the offender

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is a sexual predator, the offender must be designated as a

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sexual predator, must register or be registered as a sexual

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

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is subject to the community and public notification as provided

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

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that the offender is a sexual predator, the offender may not be

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designated as a sexual predator with respect to that offense and

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is not required to register or be registered as a sexual

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predator with the department.

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(6) REGISTRATION.--

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(a) A sexual predator must register with the department

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through the sheriff's office by providing the following

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information to the department:

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

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birth, height, weight, hair and eye color, photograph, address

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of legal residence and address of any current temporary

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

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route address and a post office box, date and place of any

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employment, date and place of each conviction, fingerprints, and

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a brief description of the crime or crimes committed by the

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

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physical residential address.

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

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vehicle, trailer, mobile home, or manufactured home, as defined

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in chapter 320, the sexual predator shall also provide to the

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department written notice of the vehicle identification number;

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the license tag number; the registration number; and a

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description, including color scheme, of the motor vehicle,

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

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

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

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shall also provide to the department written notice of the hull

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identification number; the manufacturer's serial number; the

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

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registration number; and a description, including color scheme,

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

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

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carrying on a vocation at an institution of higher education in

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this state, the sexual predator shall also provide to the

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

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including each campus attended, and the sexual predator's

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enrollment or employment status. Each change in enrollment or

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

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office, or the Department of Corrections if the sexual predator

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is in the custody or control of or under the supervision of the

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Department of Corrections, within 48 hours after any change in

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status. The sheriff or the Department of Corrections shall

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promptly notify each institution of the sexual predator's

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presence and any change in the sexual predator's enrollment or

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employment status.

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2. Any other information determined necessary by the

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department, including criminal and corrections records;

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nonprivileged personnel and treatment records; and evidentiary

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genetic markers when available.

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

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of, or under the supervision of, the Department of Corrections,

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or is in the custody of a private correctional facility, the

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sexual predator must register with the Department of

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Corrections. A sexual predator who is under the supervision of

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the Department of Corrections but is not incarcerated must

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days after the court finds the offender to be a sexual predator.

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The Department of Corrections shall provide to the department

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registration information and the location of, and local

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telephone number for, any Department of Corrections office that

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is responsible for supervising the sexual predator. In addition,

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the Department of Corrections shall notify the department if the

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sexual predator escapes or absconds from custody or supervision

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or if the sexual predator dies.

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

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predator within 3 business days after intake of the sexual

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predator for any reason and again upon release and forward the

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registration information to the department. The custodian of the

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local jail shall also take a digitized photograph of the sexual

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predator while the sexual predator remains in custody and shall

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provide the digitized photograph to the department. The

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custodian shall notify the department if the sexual predator

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escapes from custody or dies.

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

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

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

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facility, the sexual predator shall register in person:

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

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establishes or maintains a residence within 48 hours after

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establishing or maintaining a residence in the state; and

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

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was designated a sexual predator by the court within 48 hours

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after such finding is made.

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2. ~~and establishes or maintains a residence in the state,~~

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~~the sexual predator shall register in person at the sheriff's~~

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~~office in the county in which the predator establishes or~~

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~~maintains a residence, within 48 hours after establishing~~

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~~permanent or temporary residence in this state.~~ Any change in

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the sexual predator's permanent or temporary residence or name,

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after the sexual predator registers in person at the sheriff's

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office as provided in subparagraph 1., shall be accomplished in

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the manner provided in paragraphs (g), (i), and (j). When a

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sexual predator registers with the sheriff's office, the sheriff

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shall take a photograph and a set of fingerprints of the

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predator and forward the photographs and fingerprints to the

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department, along with the information that the predator is

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required to provide pursuant to this section.

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(l) A sexual predator must maintain registration with the

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

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sexual predator has received a full pardon or has had a

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conviction set aside in a postconviction proceeding for any

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offense that met the criteria for the sexual predator

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

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

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~~been lawfully released from confinement, supervision, or~~

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~~sanction, whichever is later, for at least 10 years and has not~~

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~~been arrested for any felony or misdemeanor offense since~~

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~~release, may petition the criminal division of the circuit court~~

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~~in the circuit in which the sexual predator resides for the~~

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~~purpose of removing the sexual predator designation. A sexual~~

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~~predator who was designated a sexual predator by a court on or~~

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~~after October 1, 1998, who has been lawfully released from~~

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

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~~at least 20 years, and who has not been arrested for any felony~~

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~~or misdemeanor offense since release may petition the criminal~~

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~~division of the circuit court in the circuit in which the sexual~~

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~~predator resides for the purpose of removing the sexual predator~~

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~~designation. A sexual predator who was designated as a sexual~~

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~~predator by a court on or after September 1, 2005, who has been~~

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~~lawfully released from confinement, supervision, or sanction,~~

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~~whichever is later, for at least 30 years, and who has not been~~

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~~arrested for any felony or misdemeanor offense since release may~~

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~~petition the criminal division of the circuit court in the~~

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~~circuit in which the sexual predator resides for the purpose of~~

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~~removing the sexual predator designation. The court may grant or~~

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~~deny such relief if the petitioner demonstrates to the court~~

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~~that he or she has not been arrested for any crime since~~

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~~release, the requested relief complies with the provisions of~~

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~~the federal Jacob Wetterling Act, as amended, and any other~~

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~~federal standards applicable to the removal of the designation~~

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~~as a sexual predator or required to be met as a condition for~~

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

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~~otherwise satisfied that the petitioner is not a current or~~

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

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

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~~the petition at least 3 weeks before the hearing on the matter.~~

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~~The state attorney may present evidence in opposition to the~~

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~~requested relief or may otherwise demonstrate the reasons why~~

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

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~~the court may set a future date at which the sexual predator may~~

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~~again petition the court for relief, subject to the standards~~

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~~for relief provided in this paragraph. Unless specified in the~~

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~~order, a sexual predator who is granted relief under this~~

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~~paragraph must comply with the requirements for registration as~~

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~~a sexual offender and other requirements provided under s.~~

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~~943.0435 or s. 944.607. If a petitioner obtains an order from~~

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~~the court that imposed the order designating the petitioner as a~~

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~~sexual predator which removes such designation, the petitioner~~

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~~shall forward a certified copy of the written findings or order~~

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~~to the department in order to have the sexual predator~~

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~~designation removed from the sexual predator registry.~~

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The sheriff shall promptly provide to the department the

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information received from the sexual predator.

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

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Corrections shall implement a system for verifying the addresses

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of sexual predators. The system must be consistent with the

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provisions of the federal Adam Walsh Child Protection and Safety

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Act of 2006, Pub. L. No. 109-248, ~~Jacob Wetterling Act, as~~

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~~amended,~~ and any other federal standards applicable to such

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verification or required to be met as a condition for the

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receipt of federal funds by the state. The Department of

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Corrections shall verify the addresses of sexual predators who

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are not incarcerated but who reside in the community under the

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supervision of the Department of Corrections and shall report to

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the department any failure by a sexual predator to comply with

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registration requirements. County and local law enforcement

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agencies, in conjunction with the department, shall verify the

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addresses of sexual predators who are not under the care,

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custody, control, or supervision of the Department of

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Corrections. Local law enforcement agencies shall report to the

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department any failure by a sexual predator to comply with

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registration requirements.

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

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

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every third ~~the sixth~~ month thereafter ~~following the sexual~~

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

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which he or she resides or is otherwise located to reregister.

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The sheriff's office may determine the appropriate times and

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days for reporting by the sexual predator, which shall be

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consistent with the reporting requirements of this paragraph.

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Reregistration shall include any changes to the following

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information:

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

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

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permanent residence and address of any current temporary

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

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

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

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fingerprints; and photograph. A post office box shall not be

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provided in lieu of a physical residential address.

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

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carrying on a vocation at an institution of higher education in

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this state, the sexual predator shall also provide to the

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

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including each campus attended, and the sexual predator's

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enrollment or employment status.

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

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vehicle, trailer, mobile home, or manufactured home, as defined

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in chapter 320, the sexual predator shall also provide the

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vehicle identification number; the license tag number; the

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registration number; and a description, including color scheme,

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of the motor vehicle, trailer, mobile home, or manufactured

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home. If the sexual predator's place of residence is a vessel,

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live-aboard vessel, or houseboat, as defined in chapter 327, the

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sexual predator shall also provide the hull identification

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number; the manufacturer's serial number; the name of the

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vessel, live-aboard vessel, or houseboat; the registration

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number; and a description, including color scheme, of the

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vessel, live-aboard vessel, or houseboat.

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

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electronically submit and update all information provided by the

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sexual predator to the department in a manner prescribed by the

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department. ~~This procedure shall be implemented by December 1,~~

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~~2005.~~

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

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Safety and Motor Vehicles, the Department of Corrections, the

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Department of Juvenile Justice, any law enforcement agency in

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

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or appointed official, public employee, or school administrator;

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or an employee, agency, or any individual or entity acting at

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the request or upon the direction of any law enforcement agency

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is immune from civil liability for damages for good faith

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compliance with the requirements of this section or for the

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release of information under this section, and shall be presumed

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

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or releasing the information. The presumption of good faith is

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not overcome if a technical or clerical error is made by the

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department, the Department of Highway Safety and Motor Vehicles,

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the Department of Corrections, the Department of Juvenile

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Justice, the personnel of those departments, or any individual

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

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those departments in compiling or providing information, or if

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information is incomplete or incorrect because a sexual predator

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fails to report or falsely reports his or her current place of

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permanent or temporary residence.

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(10) PENALTIES.--

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

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

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regardless of adjudication, any violation, or attempted

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

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

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parent or guardian; s. 794.011, excluding s. 794.011(10) ~~(2),~~

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

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800.04; s. 827.071; s. 847.0133; s. 847.0145; or s. 985.701(1);

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or a violation of a similar law of another jurisdiction when the

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victim of the offense was a minor, and who works, whether for

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compensation or as a volunteer, at any business, school, day

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care center, park, playground, or other place where children

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regularly congregate, commits a felony of the third degree,

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punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

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

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subsections (2), (6), (10), (11), and (14) of section 943.0435,

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Florida Statutes, are amended to read:

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943.0435 Sexual offenders required to register with the

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department; penalty.--

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

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

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

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

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

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

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soliciting, or conspiring to commit, any of the criminal

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offenses proscribed in the following statutes in this state or

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similar offenses in another jurisdiction: s. 787.01, s. 787.02,

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

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

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

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~~794.0235~~; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.

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827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s.

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847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any

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similar offense committed in this state which has been

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redesignated from a former statute number to one of those listed

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in this sub-sub-subparagraph ~~sub-subparagraph~~; and

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

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the sanction imposed for any conviction of an offense described

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in sub-sub-subparagraph (I) ~~sub-subparagraph a~~. For purposes of

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sub-sub-subparagraph (I) ~~sub-subparagraph a.~~, a sanction imposed

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in this state or in any other jurisdiction includes, but is not

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limited to, a fine, probation, community control, parole,

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conditional release, control release, or incarceration in a

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state prison, federal prison, private correctional facility, or

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local detention facility;

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

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and who has not been designated as a sexual predator by a court

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of this state but who has been designated as a sexual predator,

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as a sexually violent predator, or by another sexual offender

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designation in another state or jurisdiction and was, as a

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result of such designation, subjected to registration or

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

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person were a resident of that state or jurisdiction, without

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regard to whether the person otherwise meets the criteria for

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registration as a sexual offender; or

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

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who is in the custody or control of, or under the supervision

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of, any other state or jurisdiction as a result of a conviction

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for committing, or attempting, soliciting, or conspiring to

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commit, any of the criminal offenses proscribed in the following

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statutes or similar offense in another jurisdiction: s. 787.01,

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

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

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~~chapter 794~~, excluding s. ~~ss.~~ 794.011(10) ~~and 794.0235~~; s.

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794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.

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827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s.

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847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any

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similar offense committed in this state which has been

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redesignated from a former statute number to one of those listed

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in this sub-subparagraph ~~subparagraph~~.

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

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delinquent for committing, or attempting, soliciting, or

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conspiring to commit such offense, any of the criminal offenses

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proscribed in the following statutes in this state or similar

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offenses in another jurisdiction when the juvenile was 14 years

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of age or older at the time of the offense:

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

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

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

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force or coercion;

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

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molestation involving unclothed genitals;

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(IV) Section 800.04(5)(d) where the court finds use of

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force or coercion and unclothed genitals.

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2. For all qualifying offenses listed in sub-subparagraph

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(1)(a)1.d., the court shall make a written finding of the age of

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the offender at the time of the offense.

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For each violation of a qualifying offense listed in this

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section, the court shall make a written finding of the age of

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

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800.04(4), the court shall additionally make a written finding

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indicating that the offense did or did not involve sexual

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activity and indicating that the offense did or did not involve

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force or coercion. For a violation of s. 800.04(5), the court

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shall additionally make a written finding that the offense did

480

or did not involve unclothed genitals or genital area and that

481

the offense did or did not involve use of force or coercion.

482

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

483

of guilt as a result of a trial or the entry of a plea of guilty

484

or nolo contendere, regardless of whether adjudication is

485

withheld, and includes an adjudication of delinquency of a

486

juvenile as specified in this section. Conviction of a similar

487

offense includes, but is not limited to, a conviction by a

488

federal or military tribunal, including courts-martial conducted

489

by the Armed Forces of the United States, and includes a

490

conviction or entry of a plea of guilty or nolo contendere

491

resulting in a sanction in any state of the United States or

492

other jurisdiction. A sanction includes, but is not limited to,

493

a fine, probation, community control, parole, conditional

494

release, control release, or incarceration in a state prison,

495

federal prison, private correctional facility, or local

496

detention facility.

497

(2) A sexual offender shall:

498

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

499

1. In the county in which the offender establishes or

500

maintains a permanent or temporary residence, within 48 hours

501

after:

502

a. Establishing permanent or temporary residence in this

503

state; or

504

b. ~~within 48 hours after~~ Being released from the custody,

505

control, or supervision of the Department of Corrections or from

506

the custody of a private correctional facility.

507

2. In the county where he or she was convicted within 48

508

hours after being convicted for a qualifying offense for

509

registration under this section if the offender is not in the

510

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

511

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

512

correctional facility.

513

3. Any change in the sexual offender's permanent or

514

temporary residence or name, after the sexual offender reports

515

in person at the sheriff's office, shall be accomplished in the

516

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

517

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

518

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

519

tattoos or other identifying marks, occupation and place of

520

employment, address of permanent or legal residence or address

521

of any current temporary residence, within the state and out of

522

state, including a rural route address and a post office box,

523

date and place of each conviction, and a brief description of

524

the crime or crimes committed by the offender. A post office box

525

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

526

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

527

vehicle, trailer, mobile home, or manufactured home, as defined

528

in chapter 320, the sexual offender shall also provide to the

529

department through the sheriff's office written notice of the

530

vehicle identification number; the license tag number; the

531

registration number; and a description, including color scheme,

532

of the motor vehicle, trailer, mobile home, or manufactured

533

home. If the sexual offender's place of residence is a vessel,

534

live-aboard vessel, or houseboat, as defined in chapter 327, the

535

sexual offender shall also provide to the department written

536

notice of the hull identification number; the manufacturer's

537

serial number; the name of the vessel, live-aboard vessel, or

538

houseboat; the registration number; and a description, including

539

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

540

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

541

carrying on a vocation at an institution of higher education in

542

this state, the sexual offender shall also provide to the

543

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

544

county of each institution, including each campus attended, and

545

the sexual offender's enrollment or employment status. Each

546

change in enrollment or employment status shall be reported in

547

person at the sheriff's office, within 48 hours after any change

548

in status. The sheriff shall promptly notify each institution of

549

the sexual offender's presence and any change in the sexual

550

offender's enrollment or employment status.

551

552

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

553

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

554

offender and forward the photographs and fingerprints to the

555

department, along with the information provided by the sexual

556

offender. The sheriff shall promptly provide to the department

557

the information received from the sexual offender.

558

(6) County and local law enforcement agencies, in

559

conjunction with the department, shall verify the addresses of

560

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

561

or supervision of the Department of Corrections in a manner that

562

is consistent with the provisions of the federal Adam Walsh

563

Child Protection and Safety Act of 2006, Pub. L. No. 109-248,

564

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

565

standards applicable to such verification or required to be met

566

as a condition for the receipt of federal funds by the state.

567

Local law enforcement agencies shall report to the department

568

any failure by a sexual offender to comply with registration

569

requirements.

570

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

571

Motor Vehicles, the Department of Corrections, the Department of

572

Juvenile Justice, any law enforcement agency in this state, and

573

the personnel of those departments; an elected or appointed

574

official, public employee, or school administrator; or an

575

employee, agency, or any individual or entity acting at the

576

request or upon the direction of any law enforcement agency is

577

immune from civil liability for damages for good faith

578

compliance with the requirements of this section or for the

579

release of information under this section, and shall be presumed

580

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

581

or releasing the information. The presumption of good faith is

582

not overcome if a technical or clerical error is made by the

583

department, the Department of Highway Safety and Motor Vehicles,

584

the Department of Corrections, the Department of Juvenile

585

Justice, the personnel of those departments, or any individual

586

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

587

those departments in compiling or providing information, or if

588

information is incomplete or incorrect because a sexual offender

589

fails to report or falsely reports his or her current place of

590

permanent or temporary residence.

591

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

592

must maintain registration with the department for the duration

593

of his or her life, unless the sexual offender has received a

594

full pardon or has had a conviction set aside in a

595

postconviction proceeding for any offense that meets the

596

criteria for classifying the person as a sexual offender for

597

purposes of registration. However, a sexual offender:

598

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

599

supervision, or sanction, whichever is later, for at least 25 20

600

years and has not been arrested for any felony or misdemeanor

601

offense since release, provided that the sexual offender's

602

requirement to register was not based upon an adult conviction

603

for:

604

a. A violation of s. 787.01 or s. 787.02;

605

b. A violation of s. 794.011, excluding s. 794.011(10);

606

c. A violation of s. 800.04(4)(b) where the court finds

607

the offense involved a victim less than 12 years of age or

608

sexual activity by force or coercion;

609

d. A violation of s. 800.04(5)(b);

610

e. A violation of s. 800.04(5)(c)2. where the court finds

611

the offense involved unclothed genitals or genital area;

612

f. Any attempt or conspiracy to commit any such offense;

613

614

g. A violation of similar law of another jurisdiction,~~; or~~

615

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

616

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

617

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

618

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

619

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

620

~~for any felony or misdemeanor offense since the date of~~

621

~~conviction of the qualifying offense~~

622

623

may petition the criminal division of the circuit court of the

624

circuit in which the sexual offender resides for the purpose of

625

removing the requirement for registration as a sexual offender.

626

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

627

demonstrates to the court that he or she has not been arrested

628

for any crime since release; the requested relief complies with

629

the provisions of the federal Adam Walsh Child Protection and

630

Safety Act of 2006, Pub. L. No. 109-248, ~~Jacob Wetterling Act,~~

631

~~as amended,~~ and any other federal standards applicable to the

632

removal of registration requirements for a sexual offender or

633

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

634

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

635

the offender is not a current or potential threat to public

636

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

637

is filed must be given notice of the petition at least 3 weeks

638

before the hearing on the matter. The state attorney may present

639

evidence in opposition to the requested relief or may otherwise

640

demonstrate the reasons why the petition should be denied. If

641

the court denies the petition, the court may set a future date

642

at which the sexual offender may again petition the court for

643

relief, subject to the standards for relief provided in this

644

subsection.

645

3. The department shall remove an offender from

646

classification as a sexual offender for purposes of registration

647

if the offender provides to the department a certified copy of

648

the court's written findings or order that indicates that the

649

offender is no longer required to comply with the requirements

650

for registration as a sexual offender.

651

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

652

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

653

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

654

provides the department with an order issued by the court that

655

designated the person as a sexual predator, as a sexually

656

violent predator, or by another sexual offender designation in

657

the state or jurisdiction in which the order was issued which

658

states that such designation has been removed or demonstrates to

659

the department that such designation, if not imposed by a court,

660

has been removed by operation of law or court order in the state

661

or jurisdiction in which the designation was made, and provided

662

such person no longer meets the criteria for registration as a

663

sexual offender under the laws of this state.

664

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

665

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

666

the sixth month following the sexual offender's birth month to

667

the sheriff's office in the county in which he or she resides or

668

is otherwise located to reregister.

669

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

670

as a result of a conviction for:

671

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

672

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

673

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

674

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

675

involved a victim less than 12 years of age or sexual activity

676

by use of force or coercion;

677

4. Section 800.04(5)(b);

678

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

679

molestation involving unclothed genitals or genital area;

680

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

681

molestation involving unclothed genitals or genital area;

682

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

683

or coercion and unclothed genitals or genital area;

684

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

685

9. A violation of a similar law of another jurisdiction

686

687

must reregister each year during the month of the sexual

688

offender's birthday and every third month thereafter.

689

690

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

691

be consistent with the reporting requirements of this subsection

692

~~paragraph~~. Reregistration shall include any changes to the

693

following information:

694

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

695

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

696

permanent residence and address of any current temporary

697

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

698

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

699

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

700

fingerprints; and photograph. A post office box shall not be

701

provided in lieu of a physical residential address.

702

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

703

carrying on a vocation at an institution of higher education in

704

this state, the sexual offender shall also provide to the

705

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

706

including each campus attended, and the sexual offender's

707

enrollment or employment status.

708

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

709

vehicle, trailer, mobile home, or manufactured home, as defined

710

in chapter 320, the sexual offender shall also provide the

711

vehicle identification number; the license tag number; the

712

registration number; and a description, including color scheme,

713

of the motor vehicle, trailer, mobile home, or manufactured

714

home. If the sexual offender's place of residence is a vessel,

715

live-aboard vessel, or houseboat, as defined in chapter 327, the

716

sexual offender shall also provide the hull identification

717

number; the manufacturer's serial number; the name of the

718

vessel, live-aboard vessel, or houseboat; the registration

719

number; and a description, including color scheme, of the

720

vessel, live-aboard vessel or houseboat.

721

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

722

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

723

address verification correspondence from the department within 3

724

weeks of the date of the correspondence, commits a felony of the

725

third degree, punishable as provided in s. 775.082, s. 775.083,

726

or s. 775.084.

727

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

728

electronically submit and update all information provided by the

729

sexual offender to the department in a manner prescribed by the

730

department. ~~This procedure shall be implemented by December 1,~~

731

~~2005.~~

732

Section 3. Section 943.04354, Florida Statutes, is created

733

to read:

734

943.04354 Exclusion from or removal of requirement to

735

736

(1) The Legislature finds that, consistent with the

737

federal Adam Walsh Child Protection and Safety Act of 2006, Pub.

738

L. No. 109-248, a person will not be subject to the requirement

739

to register or continue to register as a sexual offender based

740

on a conviction for a violation of s. 800.04 if a court,

741

pursuant to the requirements of this section, determines that

742

the person meets all of the following criteria:

743

(a) The person was convicted of a violation of s. 800.04,

744

has not previously been convicted of a violation of s. 800.04,

745

and has not been convicted of any other offense that qualifies

746

the person for registration as a sexual predator or sexual

747

offender.

748

(b) The offense involved a victim who was 13 years of age

749

or older but less than 16 years of age and the person was not

750

more than 4 years older than the victim.

751

752

unconscious or substantially impaired or who suffered a physical

753

or mental disability resulting in a failure to appraise or

754

control the situation.

755

(d) The person did not use force against, threaten, or

756

coerce the victim or physically injure the victim.

757

(e) The person is not required to register as a sexual

758

predator or a sexual offender in this state because of a

759

requirement to register as a sexual offender or other similar

760

designation in another state or jurisdiction for a violation of

761

the laws of that state or jurisdiction.

762

(2) Notwithstanding s. 943.0435 or s. 944.607, if a person

763

is convicted on or after July 1, 2007, for a violation of s.

764

800.04, the court at sentencing for this conviction shall

765

determine if the person meets the criteria contained in

766

subsection (1). If the court determines that the person meets

767

these criteria, the court shall enter written factual findings

768

to this effect and order that the person not be required to

769

770

(3) Notwithstanding s. 943.0435 or s. 944.607, if a person

771

is registered as a sexual offender or is subject to such

772

registration, and subsection (2) does not apply to the person,

773

the person may petition the court that sentenced the person for

774

the violation of s. 800.04 for exclusion from or removal of the

775

requirement to register as a sexual offender if the person

776

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

777

subsection (1). The court shall determine if the person meets

778

the criteria contained in subsection (1). If the court

779

determines that the person meets these criteria, the court shall

780

enter written factual findings to this effect and order that the

781

person not be required or no longer be required to register as a

782

sexual offender.

783

(4) If a court orders that a person not be required or no

784

longer be required to register as a sexual offender, the

785

Department of Law Enforcement shall exclude or remove the person

786

from classification or designation as a sexual offender for

787

purposes of registration and notification as such if the person

788

provides to the Department of Law Enforcement a certified copy

789

of the court's written factual findings and order.

790

Section 4. Section 943.44353, Florida Statutes, is created

791

to read:

792

943.44353 Automatic notification of registration

793

information regarding sexual predators and offenders.--

794

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

795

develop and maintain a system to provide automatic notification

796

of registration information regarding sexual predators and

797

sexual offenders to the public.

798

(2) In accordance with the federal Adam Walsh Child

799

Protection and Safety Act of 2006, Pub. L. No. 109-248, schools,

800

public housing agencies, agencies responsible for conducting

801

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

802

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

803

social service entities responsible for protecting minors in the

804

child welfare system, volunteer organizations in which contact

805

with minors or other vulnerable individuals might occur, and any

806

other such organization, company, or individual shall have

807

access to the notification system.

808

Section 5. Subsection (3) is added to section 943.0515,

809

Florida Statutes, to read:

810

943.0515 Retention of criminal history records of

811

minors.--

812

(3) Notwithstanding any other provision of this section,

813

the Criminal Justice Information Program shall retain the

814

criminal history record of a minor adjudicated delinquent for a

815

violation committed on or after July 1, 2007, as provided in s.

816

943.0435(1)(a)1.d. Such records shall not be destroyed and must

817

be merged with the person's adult criminal history record and

818

retained as a part of the person's adult record.

819

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

820

(a) of subsection (3) of section 944.606, Florida Statutes, are

821

amended to read:

822

944.606 Sexual offenders; notification upon release.--

823

(1) As used in this section:

824

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

825

convicted of committing, or attempting, soliciting, or

826

conspiring to commit, any of the criminal offenses proscribed in

827

the following statutes in this state or similar offenses in

828

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

829

where the victim is a minor and the defendant is not the

830

victim's parent or guardian; s. 794.011 ~~chapter 794~~, excluding

831

s. ~~ss.~~ 794.011(10); s. 794.05 ~~and 794.0235~~; s. 796.03; s.

832

796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.

833

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

834

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

835

this state which has been redesignated from a former statute

836

number to one of those listed in this subsection, when the

837

department has received verified information regarding such

838

conviction; an offender's computerized criminal history record

839

is not, in and of itself, verified information.

840

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

841

any sexual offender who is being released after serving a period

842

of incarceration for any offense, as follows:

843

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

844

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

845

other legal process, and any alias, if known; the correctional

846

facility from which the sexual offender is released; the sexual

847

offender's social security number, race, sex, date of birth,

848

height, weight, and hair and eye color; date and county of

849

sentence and each crime for which the offender was sentenced; a

850

copy of the offender's fingerprints and a digitized photograph

851

taken within 60 days before release; the date of release of the

852

sexual offender; and the offender's intended residence address,

853

if known. The department shall notify the Department of Law

854

Enforcement if the sexual offender escapes, absconds, or dies.

855

If the sexual offender is in the custody of a private

856

correctional facility, the facility shall take the digitized

857

photograph of the sexual offender within 60 days before the

858

sexual offender's release and provide this photograph to the

859

Department of Corrections and also place it in the sexual

860

offender's file. If the sexual offender is in the custody of a

861

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

862

offender within 3 business days after intake of the offender for

863

any reason and again upon release and notify the Department of

864

Law Enforcement of the sexual offender's release and provide to

865

the Department of Law Enforcement the information specified in

866

this paragraph and any information specified in subparagraph 2.

867

that the Department of Law Enforcement requests.

868

2. The department may provide any other information deemed

869

necessary, including criminal and corrections records,

870

nonprivileged personnel and treatment records, when available.

871

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

872

(3), (4), (7), (11), and (13) of section 944.607, Florida

873

Statutes, are amended to read:

874

944.607 Notification to Department of Law Enforcement of

875

information on sexual offenders.--

876

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

877

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

878

or control of, or under the supervision of, the department or is

879

in the custody of a private correctional facility:

880

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

881

conviction for committing, or attempting, soliciting, or

882

conspiring to commit, any of the criminal offenses proscribed in

883

the following statutes in this state or similar offenses in

884

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

885

where the victim is a minor and the defendant is not the

886

victim's parent or guardian; s. 794.011 ~~chapter 794~~, excluding

887

s. ~~ss.~~ 794.011(10); s. 794.05 ~~and 794.0235~~; s. 796.03; s.

888

796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.

889

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

890

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

891

this state which has been redesignated from a former statute

892

number to one of those listed in this paragraph; or

893

2. Who establishes or maintains a residence in this state

894

and who has not been designated as a sexual predator by a court

895

of this state but who has been designated as a sexual predator,

896

as a sexually violent predator, or by another sexual offender

897

designation in another state or jurisdiction and was, as a

898

result of such designation, subjected to registration or

899

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

900

person were a resident of that state or jurisdiction, without

901

regard as to whether the person otherwise meets the criteria for

902

registration as a sexual offender.

903

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

904

imprisonment, the clerk of the court shall ensure that the

905

sexual offender's fingerprints are taken and forwarded to the

906

Department of Law Enforcement within 48 hours after the court

907

sentences the offender. The fingerprint card shall be clearly

908

marked "Sexual Offender Registration Card."

909

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

910

is under the supervision of the Department of Corrections but is

911

not incarcerated must register with the Department of

912

Corrections within 3 business days after sentencing for a

913

registerable offense and otherwise provide information as

914

required by this subsection.

915

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

916

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

917

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

918

and permanent or legal residence and address of temporary

919

residence within the state or out of state while the sexual

920

offender is under supervision in this state, including any rural

921

route address or post office box. The Department of Corrections

922

shall verify the address of each sexual offender in the manner

923

described in ss. 775.21 and 943.0435. The department shall

924

report to the Department of Law Enforcement any failure by a

925

sexual predator or sexual offender to comply with registration

926

requirements.

927

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

928

carrying on a vocation at an institution of higher education in

929

this state, the sexual offender shall provide the name, address,

930

and county of each institution, including each campus attended,

931

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

932

change in enrollment or employment status shall be reported to

933

the department within 48 hours after the change in status. The

934

Department of Corrections shall promptly notify each institution

935

of the sexual offender's presence and any change in the sexual

936

offender's enrollment or employment status.

937

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

938

jail, the custodian of the local jail shall register the

939

offender within 3 business days of intake of the offender for

940

any reason and again upon release and forward the information to

941

the Department of Law Enforcement. The custodian of the local

942

jail shall also take a digitized photograph of the sexual

943

offender while the offender remains in custody and shall provide

944

the digitized photograph to the Department of Law Enforcement.

945

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

946

Motor Vehicles, the Department of Law Enforcement, the

947

Department of Corrections, the Department of Juvenile Justice,

948

personnel of those departments, and any individual or entity

949

acting at the request or upon the direction of those departments

950

are immune from civil liability for damages for good faith

951

compliance with this section, and shall be presumed to have

952

acted in good faith in compiling, recording, reporting, or

953

providing information. The presumption of good faith is not

954

overcome if technical or clerical errors are made by the

955

department, the Department of Highway Safety and Motor Vehicles,

956

the Department of Law Enforcement, the Department of Juvenile

957

Justice, personnel of those departments, or any individual or

958

entity acting at the request or upon the direction of those

959

departments in compiling, recording, reporting, or providing

960

information, or, if the information is incomplete or incorrect

961

because the information has not been provided by a person or

962

agency required to provide the information, or because the

963

information was not reported or was falsely reported.

964

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

965

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

966

the sixth month following the sexual offender's birth month to

967

the sheriff's office in the county in which he or she resides or

968

is otherwise located to reregister.

969

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

970

as a result of a conviction for:

971

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

972

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

973

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

974

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

975

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

976

force or coercion;

977

4. Section 800.04(5)(b);

978

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

979

molestation involving unclothed genitals or genital area;

980

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

981

molestation involving unclothed genitals or genital area;

982

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

983

or coercion and unclothed genitals or genital area;

984

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

985

9. A violation of a similar law of another jurisdiction

986

987

must reregister each year during the month of the sexual

988

offender's birthday and every third month thereafter.

989

990

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

991

be consistent with the reporting requirements of this subsection

992

~~paragraph~~. Reregistration shall include any changes to the

993

following information:

994

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

995

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

996

permanent residence and address of any current temporary

997

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

998

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

999

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

1000

fingerprints; and photograph. A post office box shall not be

1001

provided in lieu of a physical residential address.

1002

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

1003

carrying on a vocation at an institution of higher education in

1004

this state, the sexual offender shall also provide to the

1005

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

1006

including each campus attended, and the sexual offender's

1007

enrollment or employment status.

1008

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

1009

vehicle, trailer, mobile home, or manufactured home, as defined

1010

in chapter 320, the sexual offender shall also provide the

1011

vehicle identification number; the license tag number; the

1012

registration number; and a description, including color scheme,

1013

of the motor vehicle, trailer, mobile home, or manufactured

1014

home. If the sexual offender's place of residence is a vessel,

1015

live-aboard vessel, or houseboat, as defined in chapter 327, the

1016

sexual offender shall also provide the hull identification

1017

number; the manufacturer's serial number; the name of the

1018

vessel, live-aboard vessel, or houseboat; the registration

1019

number; and a description, including color scheme, of the

1020

vessel, live-aboard vessel, or houseboat.

1021

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

1022

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

1023

address verification correspondence from the department within 3

1024

weeks of the date of the correspondence, commits a felony of the

1025

third degree, punishable as provided in s. 775.082, s. 775.083,

1026

and s. 775.084.

1027

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

1028

electronically submit and update all information provided by the

1029

sexual offender to the Florida Department of Law Enforcement in

1030

a manner prescribed by the Florida Department of Law

1031

Enforcement. ~~This procedure shall be implemented by December 1,~~

1032

~~2005.~~

1033

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

1034

Statutes, is amended to read:

1035

985.04 Oaths; records; confidential information.--

1036

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

1037

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

1038

child found to have committed a delinquent act which, if

1039

committed by an adult, would be a crime specified in ss. 435.03

1040

and 435.04 may not be destroyed under this section for a period

1041

of 25 years after the youth's final referral to the department,

1042

except in cases of the death of the child. Such records,

1043

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

1044

the screening requirements for personnel in s. 402.3055 and the

1045

other sections cited above, or under departmental rule; however,

1046

current criminal history information must be obtained from the

1047

Department of Law Enforcement in accordance with s. 943.053. The

1048

information shall be released to those persons specified in the

1049

above cited sections for the purposes of complying with those

1050

sections. The court may punish by contempt any person who

1051

releases or uses the records for any unauthorized purpose.

1052

(b) Sexual offender and predator registration information

1053

as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,

1054

and 985.4815 is public record pursuant to s. 119.07(1), s.

1055

24(a), Art. I of the State Constitution, and as otherwise

1056

provided by law.

1057

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

1058

Statutes, is amended to read:

1059

985.045 Court records.--

1060

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

1061

this section separate from other records of the circuit court,

1062

except those records pertaining to motor vehicle violations,

1063

which shall be forwarded to the Department of Highway Safety and

1064

Motor Vehicles. Except as provided in ss. 943.053, 985.04(6)(b),

1065

and 985.04(7), official records required by this chapter are not

1066

open to inspection by the public, but may be inspected only upon

1067

order of the court by persons deemed by the court to have a

1068

proper interest therein, except that a child and the parents,

1069

guardians, or legal custodians of the child and their attorneys,

1070

law enforcement agencies, the Department of Juvenile Justice and

1071

its designees, the Parole Commission, the Department of

1072

Corrections, and the Justice Administrative Commission shall

1073

always have the right to inspect and copy any official record

1074

pertaining to the child. The court may permit authorized

1075

representatives of recognized organizations compiling statistics

1076

for proper purposes to inspect, and make abstracts from,

1077

official records under whatever conditions upon the use and

1078

disposition of such records the court may deem proper and may

1079

punish by contempt proceedings any violation of those

1080

conditions.

1081

Section 10. Section 985.481, Florida Statutes, is created

1082

to read:

1083

985.481 Sexual offenders adjudicated delinquent;

1084

notification upon release.--

1085

(1) As used in this section:

1086

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

1087

943.0435.

1088

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

1089

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

1090

(2) The Legislature finds that certain juvenile sexual

1091

offenders pose a high risk of engaging in sexual offenses even

1092

after being released from commitment and that protection of the

1093

public from sexual offenders is a paramount governmental

1094

interest. Sexual offenders have a reduced expectation of privacy

1095

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

1096

effective operation of government. Releasing sexual offender

1097

information to law enforcement agencies, to persons who request

1098

such information, and to the public by a law enforcement agency

1099

or public agency will further the governmental interests of

1100

public safety.

1101

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

1102

any sexual offender who is being released after serving a period

1103

of residential commitment under the department for any offense,

1104

as follows:

1105

1. The department must provide the sexual offender's name,

1106

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

1107

legal process, and any alias, if known; the correctional

1108

facility from which the sexual offender is released; the sexual

1109

offender's social security number, race, sex, date of birth,

1110

height, weight, and hair and eye color; the date and county of

1111

disposition and each crime for which there was a disposition; a

1112

copy of the offender's fingerprints and a digitized photograph

1113

taken within 60 days before release; the date of release of the

1114

sexual offender; and the offender's intended residence address,

1115

if known. The department shall notify the Department of Law

1116

Enforcement if the sexual offender escapes, absconds, or dies.

1117

If the sexual offender is in the custody of a private

1118

correctional facility, the facility shall take the digitized

1119

photograph of the sexual offender within 60 days before the

1120

sexual offender's release and also place it in the sexual

1121

offender's file. If the sexual offender is in the custody of a

1122

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

1123

offender within 3 business days after intake of the offender for

1124

any reason and again upon release and notify the Department of

1125

Law Enforcement of the sexual offender's release and provide to

1126

the Department of Law Enforcement the information specified in

1127

this subparagraph and any information specified in subparagraph

1128

2. that the Department of Law Enforcement requests.

1129

2. The department may provide any other information deemed

1130

necessary, including criminal and delinquency records, when

1131

available.

1132

(b) The department must provide the information described

1133

in subparagraph (a)1. to the Department of Law Enforcement. No

1134

later than November 1, 2007, all such information provided to

1135

the Department of Law Enforcement must be available

1136

electronically as soon as the information is in the agency's

1137

database and must be in a format that is compatible with the

1138

requirements of the Florida Crime Information Center.

1139

1140

from the department, the Department of Law Enforcement, the

1141

sheriff, or the chief of police shall provide the information

1142

described in subparagraph (a)1. to any individual who requests

1143

such information and may release the information to the public

1144

in any manner deemed appropriate, unless the information so

1145

received is confidential or exempt from s. 119.07(1) and s.

1146

24(a), Art. I of the State Constitution.

1147

(4) This section authorizes the department or any law

1148

enforcement agency to notify the community and the public of a

1149

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

1150

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

1151

predator under chapter 775, the Department of Law Enforcement or

1152

any other law enforcement agency must inform the community and

1153

the public of the sexual predator's presence in the community as

1154

provided in chapter 775.

1155

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

1156

school administrator or employee, or agency, or any individual

1157

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

1158

enforcement agency, is immune from civil liability for damages

1159

resulting from the release of information under this section.

1160

Section 11. Section 985.4815, Florida Statutes, is created

1161

to read:

1162

985.4815 Notification to Department of Law Enforcement of

1163

information on juvenile sexual offenders.--

1164

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

1165

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

1166

commencement or termination of enrollment or employment or a

1167

change in location of enrollment or employment.

1168

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

1169

943.0435.

1170

1171

center, community college, college, state university, or

1172

independent postsecondary institution.

1173

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

1174

custody or under the jurisdiction or supervision of the

1175

department or is in the custody of a private correctional

1176

facility and who:

1177

1. Has been adjudicated delinquent as provided in s.

1178

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

1179

2. Establishes or maintains a residence in this state and

1180

has not been designated as a sexual predator by a court of this

1181

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

1182

sexually violent predator, or by another sexual offender

1183

designation in another state or jurisdiction and was, as a

1184

result of such designation, subjected to registration or

1185

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

1186

person were a resident of that state or jurisdiction, without

1187

regard to whether the person otherwise meets the criteria for

1188

registration as a sexual offender.

1189

(2) The clerk of the court that adjudicated and entered a

1190

disposition regarding the sexual offender for the offense or

1191

offenses for which he or she was convicted shall forward to the

1192

department and the Department of Law Enforcement a certified

1193

copy of any order entered by the court imposing any special

1194

condition or restriction on the sexual offender that restricts

1195

or prohibits access to the victim, if the victim is a minor, or

1196

to other minors. The Department of Law Enforcement may include

1197

on its Internet website such special conditions or restrictions.

1198

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

1199

residential commitment, the clerk of the court shall ensure that

1200

the sexual offender's fingerprints are taken and forwarded to

1201

the Department of Law Enforcement within 48 hours after the

1202

court sentences the offender. The fingerprint card shall be

1203

clearly marked "Sexual Offender Registration Card."

1204

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

1205

is under the supervision of the department but is not committed

1206

must register with the department within 3 business days after

1207

adjudication and disposition for a registerable offense and

1208

otherwise provide information as required by this subsection.

1209

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

1210

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

1211

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

1212

and permanent or legal residence and address of temporary

1213

residence within the state or out of state while the sexual

1214

offender is in the care or custody or under the jurisdiction or

1215

supervision of the department in this state, including any rural

1216

route address or post office box, and the name and address of

1217

each school attended. The department shall verify the address of

1218

each sexual offender and shall report to the Department of Law

1219

Enforcement any failure by a sexual offender to comply with

1220

registration requirements.

1221

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

1222

carrying on a vocation at an institution of higher education in

1223

this state, the sexual offender shall provide the name, address,

1224

and county of each institution, including each campus attended,

1225

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

1226

change in enrollment or employment status shall be reported to

1227

the department within 48 hours after the change in status. The

1228

department shall promptly notify each institution of the sexual

1229

offender's presence and any change in the sexual offender's

1230

enrollment or employment status.

1231

(5) In addition to notification and transmittal

1232

requirements imposed by any other provision of law, the

1233

department shall compile information on any sexual offender and

1234

provide the information to the Department of Law Enforcement. No

1235

later than November 1, 2007, the information shall be made

1236

available electronically to the Department of Law Enforcement as

1237

soon as this information is in the department's database and

1238

must be in a format that is compatible with the requirements of

1239

the Florida Crime Information Center.

1240

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

1241

Enforcement must include the following:

1242

1. The information obtained from the sexual offender under

1243

subsection (4).

1244

2. The sexual offender's most current address and place of

1245

permanent or temporary residence within the state or out of

1246

state while the sexual offender is in the care or custody or

1247

under the jurisdiction or supervision of the department in this

1248

state, including the name of the county or municipality in which

1249

the offender permanently or temporarily resides and, if known,

1250

the intended place of permanent or temporary residence upon

1251

satisfaction of all sanctions.

1252

3. The legal status of the sexual offender and the

1253

scheduled termination date of that legal status.

1254

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

1255

department office that is responsible for supervising the sexual

1256

offender.

1257

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

1258

resulted in the offender's status as a sexual offender was a

1259

minor.

1260

6. The offense or offenses at adjudication and disposition

1261

that resulted in the determination of the offender's status as a

1262

sexual offender.

1263

7. A digitized photograph of the sexual offender, which

1264

must have been taken within 60 days before the offender was

1265

released from the custody of the department or a private

1266

correctional facility by expiration of sentence under s. 944.275

1267

or within 60 days after the onset of the department's

1268

supervision of any sexual offender who is on probation,

1269

postcommitment probation, residential commitment, nonresidential

1270

commitment, licensed child-caring commitment, community control,

1271

conditional release, parole, provisional release, or control

1272

release or who is supervised by the department under the

1273

Interstate Compact Agreement for Probationers and Parolees. If

1274

the sexual offender is in the custody of a private correctional

1275

facility, the facility shall take a digitized photograph of the

1276

sexual offender within the time period provided in this

1277

subparagraph and shall provide the photograph to the department.

1278

(b) If any information provided by the department changes

1279

during the time the sexual offender is under the department's

1280

care, control, custody, or supervision, including any change in

1281

the offender's name by reason of marriage or other legal

1282

process, the department shall, in a timely manner, update the

1283

information and provide it to the Department of Law Enforcement

1284

in the manner prescribed in subsection (5).

1285

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

1286

jail, the custodian of the local jail shall register the

1287

offender within 3 business days after intake of the offender for

1288

any reason and again upon release and forward the information to

1289

the Department of Law Enforcement. The custodian of the local

1290

jail shall also take a digitized photograph of the sexual

1291

offender while the offender remains in custody and shall provide

1292

the digitized photograph to the Department of Law Enforcement.

1293

(8) If the sexual offender is under federal supervision,

1294

the federal agency responsible for supervising the sexual

1295

offender may forward to the Department of Law Enforcement any

1296

information regarding the sexual offender that is consistent

1297

with the information provided by the department under this

1298

section and may indicate whether use of the information is

1299

restricted to law enforcement purposes only or may be used by

1300

the Department of Law Enforcement for purposes of public

1301

notification.

1302

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

1303

is under the care, jurisdiction, or supervision of the

1304

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

1305

registration requirements provided in subsection (4), register

1306

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

1307

the sexual offender is a sexual predator, in which case he or

1308

she shall register as required under s. 775.21. A sexual

1309

offender who fails to comply with the requirements of s.

1310

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

1311

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

1312

taking of a digitized photograph, or to otherwise comply with

1313

the requirements of this section, is a felony of the third

1314

degree, punishable as provided in s. 775.082, s. 775.083, or s.

1315

775.084.

1316

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

1317

violation of this section may be prosecuted for the act or

1318

omission in the county in which the act or omission was

1319

committed, the county of the last registered address of the

1320

sexual offender, or the county in which the adjudication and

1321

disposition occurred for the offense or offenses that meet the

1322

criteria for designating a person as a sexual offender.

1323

1324

offender has been provided and advised of his or her statutory

1325

obligations to register under s. 943.0435(2), the service of an

1326

information or a complaint for a violation of this section, or

1327

an arraignment on charges for a violation of this section

1328

constitutes actual notice of the duty to register. A sexual

1329

offender's failure to immediately register as required by this

1330

section following such arrest, service, or arraignment

1331

constitutes grounds for a subsequent charge of failure to

1332

1333

1334

the duty to register as a defense to a charge of failure to

1335

1336

A sexual offender who is charged with a subsequent failure to

1337

1338

duty to register.

1339

(d) Registration following such arrest, service, or

1340

arraignment is not a defense and does not relieve the sexual

1341

offender of criminal liability for the failure to register.

1342

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

1343

Motor Vehicles, the Department of Law Enforcement, the

1344

Department of Corrections, personnel of those departments, and

1345

any individual or entity acting at the request or upon the

1346

direction of those departments are immune from civil liability

1347

for damages for good faith compliance with this section and

1348

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

1349

recording, reporting, or providing information. The presumption

1350

of good faith is not overcome if technical or clerical errors

1351

are made by the department, the Department of Highway Safety and

1352

Motor Vehicles, the Department of Law Enforcement, the

1353

Department of Corrections, personnel of those departments, or

1354

any individual or entity acting at the request or upon the

1355

direction of those departments in compiling, recording,

1356

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

1357

incomplete or incorrect because the information has not been

1358

provided by a person or agency required to provide it, was not

1359

reported, or was falsely reported.

1360

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

1361

offender is not complying, or has not complied, with the

1362

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

1363

the sexual offender in eluding a law enforcement agency that is

1364

seeking to find the sexual offender to question the sexual

1365

offender about, or to arrest the sexual offender for, his or her

1366

noncompliance with the requirements of this section:

1367

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

1368

law enforcement agency about the sexual offender's noncompliance

1369

with the requirements of this section and, if known, the

1370

whereabouts of the sexual offender;

1371

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

1372

in harboring or attempting to harbor the sexual offender;

1373

1374

person in concealing or attempting to conceal the sexual

1375

offender; or

1376

(d) Provides information to the law enforcement agency

1377

regarding the sexual offender that the person knows to be false

1378

1379

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

1380

s. 775.082, s. 775.083, or s. 775.084. This subsection does not

1381

apply if the sexual offender is incarcerated in or is in the

1382

custody of a state correctional facility, a private correctional

1383

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

1384

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

1385

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

1386

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

1387

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

1388

reregister.

1389

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

1390

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

1391

be consistent with the reporting requirements of this

1392

subsection. Reregistration shall include any changes to the

1393

following information:

1394

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

1395

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

1396

permanent residence and address of any current temporary

1397

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

1398

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

1399

school attended; date and place of any employment; vehicle make,

1400

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

1401

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

1402

physical residential address.

1403

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

1404

carrying on a vocation at an institution of higher education in

1405

this state, the sexual offender shall also provide to the

1406

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

1407

including each campus attended, and the sexual offender's

1408

enrollment or employment status.

1409

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

1410

vehicle, trailer, mobile home, or manufactured home, as defined

1411

in chapter 320, the sexual offender shall also provide the

1412

vehicle identification number; the license tag number; the

1413

registration number; and a description, including color scheme,

1414

of the motor vehicle, trailer, mobile home, or manufactured

1415

home. If the sexual offender's place of residence is a vessel,

1416

live-aboard vessel, or houseboat, as defined in chapter 327, the

1417

sexual offender shall also provide the hull identification

1418

number; the manufacturer's serial number; the name of the

1419

vessel, live-aboard vessel, or houseboat; the registration

1420

number; and a description, including color scheme, of the

1421

vessel, live-aboard vessel, or houseboat.

1422

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

1423

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

1424

address verification correspondence from the department within 3

1425

weeks after the date of the correspondence, commits a felony of

1426

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

1427

775.083, and s. 775.084.

1428

1429

electronically submit and update all information provided by the

1430

sexual offender to the Department of Law Enforcement in a manner

1431

prescribed by that department.

1432

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

1433

921.0022, Florida Statutes, is amended to read:

1434

921.0022 Criminal Punishment Code; offense severity

1435

ranking chart.--

1436

(3) OFFENSE SEVERITY RANKING CHART

FloridaStatute

FelonyDegree

Description

1437

(g) LEVEL 7

1438

316.027(1)(b)

1st

Accident involving death, failure to stop; leaving scene.

1439

316.193(3)(c)2.

3rd

DUI resulting in serious bodily injury.

1440

316.1935(3)(b)

1st

Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.

1441

327.35(3)(c)2.

3rd

Vessel BUI resulting in serious bodily injury.

1442

402.319(2)

2nd

Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.

1443

409.920(2)

3rd

Medicaid provider fraud.

1444

456.065(2)

3rd

Practicing a health care profession without a license.

1445

456.065(2)

2nd

Practicing a health care profession without a license which results in serious bodily injury.

1446

458.327(1)

3rd

Practicing medicine without a license.

1447

459.013(1)

3rd

Practicing osteopathic medicine without a license.

1448

460.411(1)

3rd

Practicing chiropractic medicine without a license.

1449

461.012(1)

3rd

Practicing podiatric medicine without a license.

1450

462.17

3rd

Practicing naturopathy without a license.

1451

463.015(1)

3rd

Practicing optometry without a license.

1452

464.016(1)

3rd

Practicing nursing without a license.

1453

465.015(2)

3rd

Practicing pharmacy without a license.

1454

466.026(1)

3rd

Practicing dentistry or dental hygiene without a license.

1455

467.201

3rd

Practicing midwifery without a license.

1456

468.366

3rd

Delivering respiratory care services without a license.

1457

483.828(1)

3rd

Practicing as clinical laboratory personnel without a license.

1458

483.901(9)

3rd

Practicing medical physics without a license.

1459

484.013(1)(c)

3rd

Preparing or dispensing optical devices without a prescription.

1460

484.053

3rd

Dispensing hearing aids without a license.

1461

494.0018(2)

1st

Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.

1462

560.123(8)(b)1.

3rd

Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter.

1463

560.125(5)(a)

3rd

Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.

1464

655.50(10)(b)1.

3rd

Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.

1465

775.21(10)(a)

3rd

Sexual predator; failure to register; failure to renew driver's license or identification card; other registration violations.

1466

775.21(10)(b)

3rd

Sexual predator working where children regularly congregate.

1467

775.21(10)(g)

3rd

Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

1468

782.051(3)

2nd

Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.

1469

782.07(1)

2nd

Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).

1470

782.071

2nd

Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).

1471

782.072

2nd

Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).

1472

784.045(1)(a)1.

2nd

Aggravated battery; intentionally causing great bodily harm or disfigurement.

1473

784.045(1)(a)2.

2nd

Aggravated battery; using deadly weapon.

1474

784.045(1)(b)

2nd

Aggravated battery; perpetrator aware victim pregnant.

1475

784.048(4)

3rd

Aggravated stalking; violation of injunction or court order.

1476

784.048(7)

3rd

Aggravated stalking; violation of court order.

1477

784.07(2)(d)

1st

Aggravated battery on law enforcement officer.

1478

784.074(1)(a)

1st

Aggravated battery on sexually violent predators facility staff.

1479

784.08(2)(a)

1st

Aggravated battery on a person 65 years of age or older.

1480

784.081(1)

1st

Aggravated battery on specified official or employee.

1481

784.082(1)

1st

Aggravated battery by detained person on visitor or other detainee.

1482

784.083(1)

1st

Aggravated battery on code inspector.

1483

790.07(4)

1st

Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).

1484

790.16(1)

1st

Discharge of a machine gun under specified circumstances.

1485

790.165(2)

2nd

Manufacture, sell, possess, or deliver hoax bomb.

1486

790.165(3)

2nd

Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.

1487

790.166(3)

2nd

Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.

1488

790.166(4)

2nd

Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.

1489

796.03

2nd

Procuring any person under 16 years for prostitution.

1490

800.04(5)(c)1.

2nd

Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.

1491

800.04(5)(c)2.

2nd

Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

1492

806.01(2)

2nd

Maliciously damage structure by fire or explosive.

1493

810.02(3)(a)

2nd

Burglary of occupied dwelling; unarmed; no assault or battery.

1494

810.02(3)(b)

2nd

Burglary of unoccupied dwelling; unarmed; no assault or battery.

1495

810.02(3)(d)

2nd

Burglary of occupied conveyance; unarmed; no assault or battery.

1496

812.014(2)(a)1.

1st

Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.

1497

812.014(2)(b)2.

2nd

Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.

1498

812.014(2)(b)3.

2nd

Property stolen, emergency medical equipment; 2nd degree grand theft.

1499

812.0145(2)(a)

1st

Theft from person 65 years of age or older; $50,000 or more.

1500

812.019(2)

1st

Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

1501

812.131(2)(a)

2nd

Robbery by sudden snatching.

1502

812.133(2)(b)

1st

Carjacking; no firearm, deadly weapon, or other weapon.

1503

817.234(8)(a)

2nd

Solicitation of motor vehicle accident victims with intent to defraud.

1504

817.234(9)

2nd

Organizing, planning, or participating in an intentional motor vehicle collision.

1505

817.234(11)(c)

1st

Insurance fraud; property value $100,000 or more.

1506

817.2341(2)(b) & (3)(b)

1st

Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.

1507

825.102(3)(b)

2nd

Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.

1508

825.103(2)(b)

2nd

Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.

1509

827.03(3)(b)

2nd

Neglect of a child causing great bodily harm, disability, or disfigurement.

1510

827.04(3)

3rd

Impregnation of a child under 16 years of age by person 21 years of age or older.

1511

837.05(2)

3rd

Giving false information about alleged capital felony to a law enforcement officer.

1512

838.015

2nd

Bribery.

1513

838.016

2nd

Unlawful compensation or reward for official behavior.

1514

838.021(3)(a)

2nd

Unlawful harm to a public servant.

1515

838.22

2nd

Bid tampering.

1516

847.0135(3)

3rd

Solicitation of a child, via a computer service, to commit an unlawful sex act.

1517

872.06

2nd

Abuse of a dead human body.

1518

893.13(1)(c)1.

1st

Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.

1519

893.13(1)(e)1.

1st

Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.

1520

893.13(4)(a)

1st

Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).

1521

893.135(1)(a)1.

1st

Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.

1522

893.135(1)(b)1.a.

1st

Trafficking in cocaine, more than 28 grams, less than 200 grams.

1523

893.135(1)(c)1.a.

1st

Trafficking in illegal drugs, more than 4 grams, less than 14 grams.

1524

893.135(1)(d)1.

1st

Trafficking in phencyclidine, more than 28 grams, less than 200 grams.

1525

893.135(1)(e)1.

1st

Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.

1526

893.135(1)(f)1.

1st

Trafficking in amphetamine, more than 14 grams, less than 28 grams.

1527

893.135(1)(g)1.a.

1st

Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.

1528

893.135(1)(h)1.a.

1st

Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.

1529

893.135(1)(j)1.a.

1st

Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.

1530

893.135(1)(k)2.a.

1st

Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.

1531

896.101(5)(a)

3rd

Money laundering, financial transactions exceeding $300 but less than $20,000.

1532

896.104(4)(a)1.

3rd

Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.

1533

943.0435(4)(c)

2nd

Sexual offender vacating permanent residence; failure to comply with reporting requirements.

1534

943.0435(8)

2nd

Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.

1535

943.0435(9)(a)

3rd

Sexual offender; failure to comply with reporting requirements.

1536

943.0435(13)

3rd

Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

1537

943.0435(14)

3rd

Sexual offender; failure to report and reregister; failure to respond to address verification.

1538

944.607(9)

3rd

Sexual offender; failure to comply with reporting requirements.

1539

944.607(10)(a)

3rd

Sexual offender; failure to submit to the taking of a digitized photograph.

1540

944.607(12)

3rd

Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

1541

944.607(13)

3rd

Sexual offender; failure to report and reregister; failure to respond to address verification.

1542

985.4815(10)

3rd

Sexual offender; failure to submit to the taking of a digitized photograph.

1543

985.4815(12)

3rd

Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.

1544

985.4815(13)

3rd

Sexual offender; failure to report and reregister; failure to respond to address verification.

1545

1546

Section 13. This act shall take effect July 1, 2007.

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