1 | A bill to be entitled |
2 | An act relating to sexual offenders and predators; |
3 | creating s. 856.022, F.S.; prohibiting loitering or |
4 | prowling by certain offenders within a specified distance |
5 | of places where children regularly congregate; providing |
6 | exceptions; providing penalties; amending s. 775.21, F.S.; |
7 | providing a definition; revising provisions relating to |
8 | reporting requirements for sexual predators in transient |
9 | status; amending s. 943.0435, F.S.; revising provisions |
10 | relating to reporting requirements for sexual offenders in |
11 | transient status; amending s. 943.04352, F.S.; requiring |
12 | search in an additional specified sex offender registry |
13 | for information regarding sexual predators and sexual |
14 | offenders when an offender is placed on misdemeanor |
15 | probation; amending s. 944.606, F.S.; revising address |
16 | reporting requirements for sexual offenders; amending s. |
17 | 944.607, F.S.; requiring additional registration |
18 | information from sex offenders under the supervision of |
19 | the Department of Corrections but not incarcerated; |
20 | amending s. 947.1405, F.S.; revising provisions relating |
21 | to polygraph examinations of specified conditional |
22 | releasees who have committed specified sexual offenses; |
23 | providing additional restrictions for certain conditional |
24 | releasees who committed sexual offenses with minors under |
25 | the age of 16; amending s. 948.30, F.S.; revising |
26 | provisions relating to polygraph examinations of specified |
27 | probationers or community controllees who have committed |
28 | specified sexual offenses; providing additional |
29 | restrictions for certain probationers or community |
30 | controllees who committed sexual offenses with minors |
31 | under the age of 16; amending s. 948.31, F.S.; deleting a |
32 | requirement for diagnosis of certain sexual predators and |
33 | sexual offenders on community control; revising provisions |
34 | relating to treatment for such offenders and predators; |
35 | amending s. 985.481, F.S.; providing additional address |
36 | reporting requirements for sexual offenders adjudicated |
37 | delinquent; amending s. 985.4815, F.S.; providing |
38 | transient and temporary residence reporting requirements |
39 | for sexual offenders adjudicated delinquent; providing an |
40 | effective date. |
41 |
|
42 | Be It Enacted by the Legislature of the State of Florida: |
43 |
|
44 | Section 1. Section 856.022, Florida Statutes, is created |
45 | to read: |
46 | 856.022 Loitering or prowling by certain offenders in |
47 | close proximity to children; penalty.-- |
48 | (1) As used in this section, the term "loiter or prowl" |
49 | shall have the same meaning as in s. 856.021. |
50 | (2) This section applies to an offender convicted of |
51 | committing, or attempting, soliciting, or conspiring to commit, |
52 | any of the criminal offenses proscribed in the following |
53 | statutes in this state or similar offenses in another |
54 | jurisdiction: |
55 | (a) Section 787.01, s. 787.02, or s. 787.025(2)(c), where |
56 | the victim is a minor and the offender was not the victim's |
57 | parent or guardian; s. 794.011 , excluding s. 794.011(10); s. |
58 | 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. |
59 | 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. |
60 | 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any |
61 | similar offense committed in this state that has been |
62 | redesignated from a former statute number to one of those listed |
63 | in this paragraph; |
64 | (b) The offender has not received a pardon for any felony |
65 | or similar law of another jurisdiction that is necessary for the |
66 | operation of this subsection; and |
67 | (c) A conviction of a felony or similar law of another |
68 | jurisdiction necessary to the operation of this subsection has |
69 | not been set aside in any postconviction proceeding. |
70 | (3) If an offender as provided in subsection (2) committed |
71 | one or more of his or her qualifying offenses against a victim |
72 | who was under the age of 18 at the time of the offense, it is |
73 | unlawful for the offender to: |
74 | (a) Loiter or prowl within 300 feet of a place where |
75 | children regularly congregate, including, but not limited to, a |
76 | school, day care center, playground, or park without a |
77 | justifiable reason or purpose; |
78 | (b) Knowingly approach, contact, or communicate with a |
79 | child under 18 years of age in any public park building or on |
80 | real property comprising any public park or playground unless |
81 | the offender is a parent or guardian of a person under 18 years |
82 | of age who is also present within close proximity in the |
83 | building or on the grounds; or |
84 | (c)1.a. Knowingly be present in any child care facility or |
85 | pre-K through 12 school or on real property comprising any child |
86 | care facility or pre-K through 12 school unless the offender has |
87 | provided written notification of his or her intent to be present |
88 | to the school board, superintendent, principal, or child care |
89 | facility owner. The offender is responsible for notifying the |
90 | child care facility owner or the principal's office when he or |
91 | she arrives and departs the child care facility or school. If |
92 | the offender is to be present in the vicinity of children, the |
93 | offender has the duty to remain under direct supervision of a |
94 | child care facility or school official or designated chaperone. |
95 | b. The offender is not in violation of this section if: |
96 | (I) The child care facility or school is a voting location |
97 | and the offender is present for the purpose of voting during the |
98 | hours designated for voting; or |
99 | (II) The offender is only dropping off or picking up his |
100 | or her own children or grandchildren at the child care facility |
101 | or school. |
102 | 2. As used in this paragraph, the term "school official" |
103 | means a principal, school resource officer, teacher, or any |
104 | other certified employee of the school, the superintendent of |
105 | schools, a member of the school board, a child care facility |
106 | owner, or a child care provider. |
107 | (4) Any person who violates this section commits a |
108 | misdemeanor of the first degree, punishable as provided in s. |
109 | 775.082 or s. 775.083. |
110 | Section 2. Paragraph (g) of subsection (2), paragraph (c) |
111 | of subsection (4), paragraph (a) of subsection (5), paragraphs |
112 | (a), (f), (g), (i), and (j) of subsection (6), paragraph (a) of |
113 | subsection (7), and paragraph (a) of subsection (8) of section |
114 | 775.21, Florida Statutes, are amended, and paragraph (l) is |
115 | added to subsection (2) of that section, to read: |
116 | 775.21 The Florida Sexual Predators Act.-- |
117 | (2) DEFINITIONS.--As used in this section, the term: |
118 | (g) "Temporary residence" means a place where the person |
119 | abides, lodges, or resides, including, but not limited to, |
120 | vacation, business, or personal travel destinations in or out of |
121 | this state, for a period of 5 or more days in the aggregate |
122 | during any calendar year and which is not the person's permanent |
123 | address or, for a person whose permanent residence is not in |
124 | this state, a place where the person is employed, practices a |
125 | vocation, or is enrolled as a student for any period of time in |
126 | this state. |
127 | (l) "Transient residence" means a place or county where a |
128 | person lives, remains, or is located for a period of 5 or more |
129 | days in the aggregate during a calendar year and which is not |
130 | the person's permanent or temporary address. The term may |
131 | include, but is not limited to, a place where the person sleeps |
132 | or seeks shelter and a location that has no specific street |
133 | address. |
134 | (4) SEXUAL PREDATOR CRITERIA.-- |
135 | (c) If an offender has been registered as a sexual |
136 | predator by the Department of Corrections, the department, or |
137 | any other law enforcement agency and if: |
138 | 1. The court did not, for whatever reason, make a written |
139 | finding at the time of sentencing that the offender was a sexual |
140 | predator; or |
141 | 2. The offender was administratively registered as a |
142 | sexual predator because the Department of Corrections, the |
143 | department, or any other law enforcement agency obtained |
144 | information that indicated that the offender met the criteria |
145 | for designation as a sexual predator based on a violation of a |
146 | similar law in another jurisdiction, |
147 |
|
148 | the department shall remove that offender from the department's |
149 | list of sexual predators and, for an offender described under |
150 | subparagraph 1., shall notify the state attorney who prosecuted |
151 | the offense that met the criteria for administrative designation |
152 | as a sexual predator, and, for an offender described under this |
153 | paragraph, shall notify the state attorney of the county where |
154 | the offender establishes or maintains a permanent, or temporary, |
155 | or transient residence. The state attorney shall bring the |
156 | matter to the court's attention in order to establish that the |
157 | offender meets the criteria for designation as a sexual |
158 | predator. If the court makes a written finding that the offender |
159 | is a sexual predator, the offender must be designated as a |
160 | sexual predator, must register or be registered as a sexual |
161 | predator with the department as provided in subsection (6), and |
162 | is subject to the community and public notification as provided |
163 | in subsection (7). If the court does not make a written finding |
164 | that the offender is a sexual predator, the offender may not be |
165 | designated as a sexual predator with respect to that offense and |
166 | is not required to register or be registered as a sexual |
167 | predator with the department. |
168 | (5) SEXUAL PREDATOR DESIGNATION.--An offender is |
169 | designated as a sexual predator as follows: |
170 | (a)1. An offender who meets the sexual predator criteria |
171 | described in paragraph (4)(d) is a sexual predator, and the |
172 | court shall make a written finding at the time such offender is |
173 | determined to be a sexually violent predator under chapter 394 |
174 | that such person meets the criteria for designation as a sexual |
175 | predator for purposes of this section. The clerk shall transmit |
176 | a copy of the order containing the written finding to the |
177 | department within 48 hours after the entry of the order; |
178 | 2. An offender who meets the sexual predator criteria |
179 | described in paragraph (4)(a) who is before the court for |
180 | sentencing for a current offense committed on or after October |
181 | 1, 1993, is a sexual predator, and the sentencing court must |
182 | make a written finding at the time of sentencing that the |
183 | offender is a sexual predator, and the clerk of the court shall |
184 | transmit a copy of the order containing the written finding to |
185 | the department within 48 hours after the entry of the order; or |
186 | 3. If the Department of Corrections, the department, or |
187 | any other law enforcement agency obtains information which |
188 | indicates that an offender who establishes or maintains a |
189 | permanent, or temporary, or transient residence in this state |
190 | meets the sexual predator criteria described in paragraph (4)(a) |
191 | or paragraph (4)(d) because the offender was civilly committed |
192 | or committed a similar violation in another jurisdiction on or |
193 | after October 1, 1993, the Department of Corrections, the |
194 | department, or the law enforcement agency shall notify the state |
195 | attorney of the county where the offender establishes or |
196 | maintains a permanent, or temporary, or transient residence of |
197 | the offender's presence in the community. The state attorney |
198 | shall file a petition with the criminal division of the circuit |
199 | court for the purpose of holding a hearing to determine if the |
200 | offender's criminal record or record of civil commitment from |
201 | another jurisdiction meets the sexual predator criteria. If the |
202 | court finds that the offender meets the sexual predator criteria |
203 | because the offender has violated a similar law or similar laws |
204 | in another jurisdiction, the court shall make a written finding |
205 | that the offender is a sexual predator. |
206 |
|
207 | When the court makes a written finding that an offender is a |
208 | sexual predator, the court shall inform the sexual predator of |
209 | the registration and community and public notification |
210 | requirements described in this section. Within 48 hours after |
211 | the court designating an offender as a sexual predator, the |
212 | clerk of the circuit court shall transmit a copy of the court's |
213 | written sexual predator finding to the department. If the |
214 | offender is sentenced to a term of imprisonment or supervision, |
215 | a copy of the court's written sexual predator finding must be |
216 | submitted to the Department of Corrections. |
217 | (6) REGISTRATION.-- |
218 | (a) A sexual predator must register with the department |
219 | through the sheriff's office by providing the following |
220 | information to the department: |
221 | 1. Name, social security number, age, race, sex, date of |
222 | birth, height, weight, hair and eye color, photograph, address |
223 | of legal residence and address of any current temporary |
224 | residence, within the state or out of state, including a rural |
225 | route address and a post office box, if no permanent or |
226 | temporary address, any transient residence within the state, |
227 | address, location, or description and dates of any current or |
228 | known future temporary residence within the state or out of |
229 | state, any electronic mail address and any instant message name |
230 | required to be provided pursuant to subparagraph (g)4., date and |
231 | place of any employment, date and place of each conviction, |
232 | fingerprints, and a brief description of the crime or crimes |
233 | committed by the offender. A post office box shall not be |
234 | provided in lieu of a physical residential address. |
235 | a. If the sexual predator's place of residence is a motor |
236 | vehicle, trailer, mobile home, or manufactured home, as defined |
237 | in chapter 320, the sexual predator shall also provide to the |
238 | department written notice of the vehicle identification number; |
239 | the license tag number; the registration number; and a |
240 | description, including color scheme, of the motor vehicle, |
241 | trailer, mobile home, or manufactured home. If a sexual |
242 | predator's place of residence is a vessel, live-aboard vessel, |
243 | or houseboat, as defined in chapter 327, the sexual predator |
244 | shall also provide to the department written notice of the hull |
245 | identification number; the manufacturer's serial number; the |
246 | name of the vessel, live-aboard vessel, or houseboat; the |
247 | registration number; and a description, including color scheme, |
248 | of the vessel, live-aboard vessel, or houseboat. |
249 | b. If the sexual predator is enrolled, employed, or |
250 | carrying on a vocation at an institution of higher education in |
251 | this state, the sexual predator shall also provide to the |
252 | department the name, address, and county of each institution, |
253 | including each campus attended, and the sexual predator's |
254 | enrollment or employment status. Each change in enrollment or |
255 | employment status shall be reported in person at the sheriff's |
256 | office, or the Department of Corrections if the sexual predator |
257 | is in the custody or control of or under the supervision of the |
258 | Department of Corrections, within 48 hours after any change in |
259 | status. The sheriff or the Department of Corrections shall |
260 | promptly notify each institution of the sexual predator's |
261 | presence and any change in the sexual predator's enrollment or |
262 | employment status. |
263 | 2. Any other information determined necessary by the |
264 | department, including criminal and corrections records; |
265 | nonprivileged personnel and treatment records; and evidentiary |
266 | genetic markers when available. |
267 | (f) Within 48 hours after the registration required under |
268 | paragraph (a) or paragraph (e), a sexual predator who is not |
269 | incarcerated and who resides in the community, including a |
270 | sexual predator under the supervision of the Department of |
271 | Corrections, shall register in person at a driver's license |
272 | office of the Department of Highway Safety and Motor Vehicles |
273 | and shall present proof of registration. At the driver's license |
274 | office the sexual predator shall: |
275 | 1. If otherwise qualified, secure a Florida driver's |
276 | license, renew a Florida driver's license, or secure an |
277 | identification card. The sexual predator shall identify himself |
278 | or herself as a sexual predator who is required to comply with |
279 | this section, provide his or her place of permanent, or |
280 | temporary, or transient residence, including a rural route |
281 | address and a post office box, and submit to the taking of a |
282 | photograph for use in issuing a driver's license, renewed |
283 | license, or identification card, and for use by the department |
284 | in maintaining current records of sexual predators. A post |
285 | office box shall not be provided in lieu of a physical |
286 | residential address. If the sexual predator's place of residence |
287 | is a motor vehicle, trailer, mobile home, or manufactured home, |
288 | as defined in chapter 320, the sexual predator shall also |
289 | provide to the Department of Highway Safety and Motor Vehicles |
290 | the vehicle identification number; the license tag number; the |
291 | registration number; and a description, including color scheme, |
292 | of the motor vehicle, trailer, mobile home, or manufactured |
293 | home. If a sexual predator's place of residence is a vessel, |
294 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
295 | sexual predator shall also provide to the Department of Highway |
296 | Safety and Motor Vehicles the hull identification number; the |
297 | manufacturer's serial number; the name of the vessel, live- |
298 | aboard vessel, or houseboat; the registration number; and a |
299 | description, including color scheme, of the vessel, live-aboard |
300 | vessel, or houseboat. |
301 | 2. Pay the costs assessed by the Department of Highway |
302 | Safety and Motor Vehicles for issuing or renewing a driver's |
303 | license or identification card as required by this section. The |
304 | driver's license or identification card issued to the sexual |
305 | predator must be in compliance with s. 322.141(3). |
306 | 3. Provide, upon request, any additional information |
307 | necessary to confirm the identity of the sexual predator, |
308 | including a set of fingerprints. |
309 | (g)1. Each time a sexual predator's driver's license or |
310 | identification card is subject to renewal, and, without regard |
311 | to the status of the predator's driver's license or |
312 | identification card, within 48 hours after any change of the |
313 | predator's residence or change in the predator's name by reason |
314 | of marriage or other legal process, the predator shall report in |
315 | person to a driver's license office and shall be subject to the |
316 | requirements specified in paragraph (f). The Department of |
317 | Highway Safety and Motor Vehicles shall forward to the |
318 | department and to the Department of Corrections all photographs |
319 | and information provided by sexual predators. Notwithstanding |
320 | the restrictions set forth in s. 322.142, the Department of |
321 | Highway Safety and Motor Vehicles is authorized to release a |
322 | reproduction of a color-photograph or digital-image license to |
323 | the Department of Law Enforcement for purposes of public |
324 | notification of sexual predators as provided in this section. |
325 | 2. A sexual predator who vacates a permanent or temporary |
326 | residence and fails to establish or maintain another permanent |
327 | or temporary residence shall, within 48 hours after vacating the |
328 | permanent or temporary residence, report in person to the |
329 | sheriff's office of the county in which he or she is located. |
330 | The sexual predator shall specify the date upon which he or she |
331 | intends to or did vacate such residence. The sexual predator |
332 | must provide or update all of the registration information |
333 | required under paragraph (a). The sexual predator must provide |
334 | an address for the residence or other place location that he or |
335 | she is or will be located occupying during the time in which he |
336 | or she fails to establish or maintain a permanent or temporary |
337 | residence. |
338 | 3. A sexual predator who remains at a permanent or |
339 | temporary residence after reporting his or her intent to vacate |
340 | such residence shall, within 48 hours after the date upon which |
341 | the predator indicated he or she would or did vacate such |
342 | residence, report in person to the sheriff's office to which he |
343 | or she reported pursuant to subparagraph 2. for the purpose of |
344 | reporting his or her address at such residence. When the sheriff |
345 | receives the report, the sheriff shall promptly convey the |
346 | information to the department. An offender who makes a report as |
347 | required under subparagraph 2. but fails to make a report as |
348 | required under this subparagraph commits a felony of the second |
349 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
350 | 775.084. |
351 | 4. A sexual predator must register any electronic mail |
352 | address or instant message name with the department prior to |
353 | using such electronic mail address or instant message name on or |
354 | after October 1, 2007. The department shall establish an online |
355 | system through which sexual predators may securely access and |
356 | update all electronic mail address and instant message name |
357 | information. |
358 | (i) A sexual predator who intends to establish a |
359 | temporary, permanent, or transient residence in another state or |
360 | jurisdiction other than the State of Florida shall report in |
361 | person to the sheriff of the county of current residence within |
362 | 48 hours before the date he or she intends to leave this state |
363 | to establish residence in another state or jurisdiction. The |
364 | sexual predator must provide to the sheriff the address, |
365 | municipality, county, and state of intended residence. The |
366 | sheriff shall promptly provide to the department the information |
367 | received from the sexual predator. The department shall notify |
368 | the statewide law enforcement agency, or a comparable agency, in |
369 | the intended state or jurisdiction of residence of the sexual |
370 | predator's intended residence. The failure of a sexual predator |
371 | to provide his or her intended place of residence is punishable |
372 | as provided in subsection (10). |
373 | (j) A sexual predator who indicates his or her intent to |
374 | reside or establish a temporary or transient residence in |
375 | another state or jurisdiction other than the State of Florida |
376 | and later decides to remain in this state shall, within 48 hours |
377 | after the date upon which the sexual predator indicated he or |
378 | she would leave this state, report in person to the sheriff to |
379 | which the sexual predator reported the intended change of |
380 | residence, and report his or her intent to remain in this state. |
381 | If the sheriff is notified by the sexual predator that he or she |
382 | intends to remain in this state, the sheriff shall promptly |
383 | report this information to the department. A sexual predator who |
384 | reports his or her intent to reside or establish a temporary or |
385 | transient residence in another state or jurisdiction, but who |
386 | remains in this state without reporting to the sheriff in the |
387 | manner required by this paragraph, commits a felony of the |
388 | second degree, punishable as provided in s. 775.082, s. 775.083, |
389 | or s. 775.084. |
390 | (7) COMMUNITY AND PUBLIC NOTIFICATION.-- |
391 | (a) Law enforcement agencies must inform members of the |
392 | community and the public of a sexual predator's presence. Upon |
393 | notification of the presence of a sexual predator, the sheriff |
394 | of the county or the chief of police of the municipality where |
395 | the sexual predator establishes or maintains a permanent or |
396 | temporary residence shall notify members of the community and |
397 | the public of the presence of the sexual predator in a manner |
398 | deemed appropriate by the sheriff or the chief of police. Within |
399 | 48 hours after receiving notification of the presence of a |
400 | sexual predator, the sheriff of the county or the chief of |
401 | police of the municipality where the sexual predator temporarily |
402 | or permanently resides shall notify each licensed day care |
403 | center, elementary school, middle school, and high school within |
404 | a 1-mile radius of the temporary or permanent residence of the |
405 | sexual predator of the presence of the sexual predator. |
406 | Information provided to members of the community and the public |
407 | regarding a sexual predator must include: |
408 | 1. The name of the sexual predator; |
409 | 2. A description of the sexual predator, including a |
410 | photograph; |
411 | 3. The sexual predator's current permanent, temporary, and |
412 | transient addresses, and descriptions of registered locations |
413 | that have no specific street address, including the name of the |
414 | county or municipality if known; |
415 | 4. The circumstances of the sexual predator's offense or |
416 | offenses; and |
417 | 5. Whether the victim of the sexual predator's offense or |
418 | offenses was, at the time of the offense, a minor or an adult. |
419 |
|
420 | This paragraph does not authorize the release of the name of any |
421 | victim of the sexual predator. |
422 | (8) VERIFICATION.--The department and the Department of |
423 | Corrections shall implement a system for verifying the addresses |
424 | of sexual predators. The system must be consistent with the |
425 | provisions of the federal Adam Walsh Child Protection and Safety |
426 | Act of 2006 and any other federal standards applicable to such |
427 | verification or required to be met as a condition for the |
428 | receipt of federal funds by the state. The Department of |
429 | Corrections shall verify the addresses of sexual predators who |
430 | are not incarcerated but who reside in the community under the |
431 | supervision of the Department of Corrections and shall report to |
432 | the department any failure by a sexual predator to comply with |
433 | registration requirements. County and local law enforcement |
434 | agencies, in conjunction with the department, shall verify the |
435 | addresses of sexual predators who are not under the care, |
436 | custody, control, or supervision of the Department of |
437 | Corrections. Local law enforcement agencies shall report to the |
438 | department any failure by a sexual predator to comply with |
439 | registration requirements. |
440 | (a) A sexual predator must report in person each year |
441 | during the month of the sexual predator's birthday and during |
442 | every third month thereafter to the sheriff's office in the |
443 | county in which he or she resides or is otherwise located to |
444 | reregister. The sheriff's office may determine the appropriate |
445 | times and days for reporting by the sexual predator, which shall |
446 | be consistent with the reporting requirements of this paragraph. |
447 | Reregistration shall include any changes to the following |
448 | information: |
449 | 1. Name; social security number; age; race; sex; date of |
450 | birth; height; weight; hair and eye color; address of any |
451 | permanent residence and address of any current temporary |
452 | residence, within the state or out of state, including a rural |
453 | route address and a post office box; if no permanent or |
454 | temporary address, any transient residence within the state; |
455 | address, location, or description and dates of any current or |
456 | known future temporary residence within the state or out of |
457 | state; any electronic mail address and any instant message name |
458 | required to be provided pursuant to subparagraph (6)(g)4.; date |
459 | and place of any employment; vehicle make, model, color, and |
460 | license tag number; fingerprints; and photograph. A post office |
461 | box shall not be provided in lieu of a physical residential |
462 | address. |
463 | 2. If the sexual predator is enrolled, employed, or |
464 | carrying on a vocation at an institution of higher education in |
465 | this state, the sexual predator shall also provide to the |
466 | department the name, address, and county of each institution, |
467 | including each campus attended, and the sexual predator's |
468 | enrollment or employment status. |
469 | 3. If the sexual predator's place of residence is a motor |
470 | vehicle, trailer, mobile home, or manufactured home, as defined |
471 | in chapter 320, the sexual predator shall also provide the |
472 | vehicle identification number; the license tag number; the |
473 | registration number; and a description, including color scheme, |
474 | of the motor vehicle, trailer, mobile home, or manufactured |
475 | home. If the sexual predator's place of residence is a vessel, |
476 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
477 | sexual predator shall also provide the hull identification |
478 | number; the manufacturer's serial number; the name of the |
479 | vessel, live-aboard vessel, or houseboat; the registration |
480 | number; and a description, including color scheme, of the |
481 | vessel, live-aboard vessel, or houseboat. |
482 | Section 3. Paragraph (c) of subsection (1), paragraphs (a) |
483 | and (b) of subsection (2), paragraphs (a), (b), and (c) of |
484 | subsection (4), subsections (7), (8), and (10), and paragraph |
485 | (c) of subsection (14) of section 943.0435, Florida Statutes, |
486 | are amended to read: |
487 | 943.0435 Sexual offenders required to register with the |
488 | department; penalty.-- |
489 | (1) As used in this section, the term: |
490 | (c) "Permanent residence," and "temporary residence," and |
491 | "transient residence" have the same meaning ascribed in s. |
492 | 775.21. |
493 | (2) A sexual offender shall: |
494 | (a) Report in person at the sheriff's office: |
495 | 1. In the county in which the offender establishes or |
496 | maintains a permanent, or temporary, or transient residence |
497 | within 48 hours after: |
498 | a. Establishing permanent or temporary residence in this |
499 | state or attaining transient status; or |
500 | b. Being released from the custody, control, or |
501 | supervision of the Department of Corrections or from the custody |
502 | of a private correctional facility; or |
503 | 2. In the county where he or she was convicted within 48 |
504 | hours after being convicted for a qualifying offense for |
505 | registration under this section if the offender is not in the |
506 | custody or control of, or under the supervision of, the |
507 | Department of Corrections, or is not in the custody of a private |
508 | correctional facility. |
509 |
|
510 | Any change in the information required to be provided pursuant |
511 | to paragraph (b), including, but not limited to, any change in |
512 | the sexual offender's permanent, or temporary, or transient |
513 | residence, name, any electronic mail address, and any instant |
514 | message name required to be provided pursuant to paragraph |
515 | (4)(d), after the sexual offender reports in person at the |
516 | sheriff's office, shall be accomplished in the manner provided |
517 | in subsections (4), (7), and (8). |
518 |
|
519 | When a sexual offender reports at the sheriff's office, the |
520 | sheriff shall take a photograph and a set of fingerprints of the |
521 | offender and forward the photographs and fingerprints to the |
522 | department, along with the information provided by the sexual |
523 | offender. The sheriff shall promptly provide to the department |
524 | the information received from the sexual offender. |
525 | (b) Provide his or her name, date of birth, social |
526 | security number, race, sex, height, weight, hair and eye color, |
527 | tattoos or other identifying marks, occupation and place of |
528 | employment, address of permanent or legal residence or address |
529 | of any current temporary residence, within the state and out of |
530 | state, including a rural route address and a post office box, if |
531 | no permanent or temporary address, any transient residence |
532 | within the state, address, location, or description and dates of |
533 | any current or known future temporary residence within the state |
534 | or out of state, any electronic mail address and any instant |
535 | message name required to be provided pursuant to paragraph |
536 | (4)(d), date and place of each conviction, and a brief |
537 | description of the crime or crimes committed by the offender. A |
538 | post office box shall not be provided in lieu of a physical |
539 | residential address. |
540 | 1. If the sexual offender's place of residence is a motor |
541 | vehicle, trailer, mobile home, or manufactured home, as defined |
542 | in chapter 320, the sexual offender shall also provide to the |
543 | department through the sheriff's office written notice of the |
544 | vehicle identification number; the license tag number; the |
545 | registration number; and a description, including color scheme, |
546 | of the motor vehicle, trailer, mobile home, or manufactured |
547 | home. If the sexual offender's place of residence is a vessel, |
548 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
549 | sexual offender shall also provide to the department written |
550 | notice of the hull identification number; the manufacturer's |
551 | serial number; the name of the vessel, live-aboard vessel, or |
552 | houseboat; the registration number; and a description, including |
553 | color scheme, of the vessel, live-aboard vessel, or houseboat. |
554 | 2. If the sexual offender is enrolled, employed, or |
555 | carrying on a vocation at an institution of higher education in |
556 | this state, the sexual offender shall also provide to the |
557 | department through the sheriff's office the name, address, and |
558 | county of each institution, including each campus attended, and |
559 | the sexual offender's enrollment or employment status. Each |
560 | change in enrollment or employment status shall be reported in |
561 | person at the sheriff's office, within 48 hours after any change |
562 | in status. The sheriff shall promptly notify each institution of |
563 | the sexual offender's presence and any change in the sexual |
564 | offender's enrollment or employment status. |
565 | (4)(a) Each time a sexual offender's driver's license or |
566 | identification card is subject to renewal, and, without regard |
567 | to the status of the offender's driver's license or |
568 | identification card, within 48 hours after any change in the |
569 | offender's permanent, or temporary, or transient residence or |
570 | change in the offender's name by reason of marriage or other |
571 | legal process, the offender shall report in person to a driver's |
572 | license office, and shall be subject to the requirements |
573 | specified in subsection (3). The Department of Highway Safety |
574 | and Motor Vehicles shall forward to the department all |
575 | photographs and information provided by sexual offenders. |
576 | Notwithstanding the restrictions set forth in s. 322.142, the |
577 | Department of Highway Safety and Motor Vehicles is authorized to |
578 | release a reproduction of a color-photograph or digital-image |
579 | license to the Department of Law Enforcement for purposes of |
580 | public notification of sexual offenders as provided in this |
581 | section and ss. 943.043 and 944.606. |
582 | (b) A sexual offender who vacates a permanent or temporary |
583 | residence and fails to establish or maintain another permanent |
584 | or temporary residence shall, within 48 hours after vacating the |
585 | permanent residence, report in person to the sheriff's office of |
586 | the county in which he or she is located. The sexual offender |
587 | shall specify the date upon which he or she intends to or did |
588 | vacate such residence. The sexual offender must provide or |
589 | update all of the registration information required under |
590 | paragraph (2)(b). The sexual offender must provide an address |
591 | for the residence or other place location that he or she is or |
592 | will be located occupying during the time in which he or she |
593 | fails to establish or maintain a permanent or temporary |
594 | residence. |
595 | (c) A sexual offender who remains at a permanent or |
596 | temporary residence after reporting his or her intent to vacate |
597 | such residence shall, within 48 hours after the date upon which |
598 | the offender indicated he or she would or did vacate such |
599 | residence, report in person to the agency to which he or she |
600 | reported pursuant to paragraph (b) for the purpose of reporting |
601 | his or her address at such residence. When the sheriff receives |
602 | the report, the sheriff shall promptly convey the information to |
603 | the department. An offender who makes a report as required under |
604 | paragraph (b) but fails to make a report as required under this |
605 | paragraph commits a felony of the second degree, punishable as |
606 | provided in s. 775.082, s. 775.083, or s. 775.084. |
607 | (7) A sexual offender who intends to establish temporary, |
608 | permanent, or transient residence in another state or |
609 | jurisdiction other than the State of Florida shall report in |
610 | person to the sheriff of the county of current residence within |
611 | 48 hours before the date he or she intends to leave this state |
612 | to establish residence in another state or jurisdiction. The |
613 | notification must include the address, municipality, county, and |
614 | state of intended residence. The sheriff shall promptly provide |
615 | to the department the information received from the sexual |
616 | offender. The department shall notify the statewide law |
617 | enforcement agency, or a comparable agency, in the intended |
618 | state or jurisdiction of residence of the sexual offender's |
619 | intended residence. The failure of a sexual offender to provide |
620 | his or her intended place of residence is punishable as provided |
621 | in subsection (9). |
622 | (8) A sexual offender who indicates his or her intent to |
623 | reside or establish a temporary or transient residence in |
624 | another state or jurisdiction other than the State of Florida |
625 | and later decides to remain in this state shall, within 48 hours |
626 | after the date upon which the sexual offender indicated he or |
627 | she would leave this state, report in person to the sheriff to |
628 | which the sexual offender reported the intended change of |
629 | temporary or transient residence, and report his or her intent |
630 | to remain in this state. The sheriff shall promptly report this |
631 | information to the department. A sexual offender who reports his |
632 | or her intent to reside or establish a temporary or transient |
633 | residence in another state or jurisdiction but who remains in |
634 | this state without reporting to the sheriff in the manner |
635 | required by this subsection commits a felony of the second |
636 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
637 | 775.084. |
638 | (10) The department, the Department of Highway Safety and |
639 | Motor Vehicles, the Department of Corrections, the Department of |
640 | Juvenile Justice, any law enforcement agency in this state, and |
641 | the personnel of those departments; an elected or appointed |
642 | official, public employee, or school administrator; or an |
643 | employee, agency, or any individual or entity acting at the |
644 | request or upon the direction of any law enforcement agency is |
645 | immune from civil liability for damages for good faith |
646 | compliance with the requirements of this section or for the |
647 | release of information under this section, and shall be presumed |
648 | to have acted in good faith in compiling, recording, reporting, |
649 | or releasing the information. The presumption of good faith is |
650 | not overcome if a technical or clerical error is made by the |
651 | department, the Department of Highway Safety and Motor Vehicles, |
652 | the Department of Corrections, the Department of Juvenile |
653 | Justice, the personnel of those departments, or any individual |
654 | or entity acting at the request or upon the direction of any of |
655 | those departments in compiling or providing information, or if |
656 | information is incomplete or incorrect because a sexual offender |
657 | fails to report or falsely reports his or her current place of |
658 | permanent, or temporary, or transient residence. |
659 | (14) |
660 | (c) The sheriff's office may determine the appropriate |
661 | times and days for reporting by the sexual offender, which shall |
662 | be consistent with the reporting requirements of this |
663 | subsection. Reregistration shall include any changes to the |
664 | following information: |
665 | 1. Name; social security number; age; race; sex; date of |
666 | birth; height; weight; hair and eye color; address of any |
667 | permanent residence and address of any current temporary |
668 | residence, within the state or out of state, including a rural |
669 | route address and a post office box; if no permanent or |
670 | temporary address, any transient residence within the state; |
671 | address, location, or description and dates of any current or |
672 | known future temporary residence within the state or out of |
673 | state; any electronic mail address and any instant message name |
674 | required to be provided pursuant to paragraph (4)(d); date and |
675 | place of any employment; vehicle make, model, color, and license |
676 | tag number; fingerprints; and photograph. A post office box |
677 | shall not be provided in lieu of a physical residential address. |
678 | 2. If the sexual offender is enrolled, employed, or |
679 | carrying on a vocation at an institution of higher education in |
680 | this state, the sexual offender shall also provide to the |
681 | department the name, address, and county of each institution, |
682 | including each campus attended, and the sexual offender's |
683 | enrollment or employment status. |
684 | 3. If the sexual offender's place of residence is a motor |
685 | vehicle, trailer, mobile home, or manufactured home, as defined |
686 | in chapter 320, the sexual offender shall also provide the |
687 | vehicle identification number; the license tag number; the |
688 | registration number; and a description, including color scheme, |
689 | of the motor vehicle, trailer, mobile home, or manufactured |
690 | home. If the sexual offender's place of residence is a vessel, |
691 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
692 | sexual offender shall also provide the hull identification |
693 | number; the manufacturer's serial number; the name of the |
694 | vessel, live-aboard vessel, or houseboat; the registration |
695 | number; and a description, including color scheme, of the |
696 | vessel, live-aboard vessel or houseboat. |
697 | 4. Any sexual offender who fails to report in person as |
698 | required at the sheriff's office, or who fails to respond to any |
699 | address verification correspondence from the department within 3 |
700 | weeks of the date of the correspondence or who fails to report |
701 | electronic mail addresses or instant message names, commits a |
702 | felony of the third degree, punishable as provided in s. |
703 | 775.082, s. 775.083, or s. 775.084. |
704 | Section 4. Section 943.04352, Florida Statutes, is amended |
705 | to read: |
706 | 943.04352 Search of registration information regarding |
707 | sexual predators and sexual offenders required when placement on |
708 | misdemeanor probation.--When the court places a defendant on |
709 | misdemeanor probation pursuant to ss. 948.01 and 948.15, the |
710 | public or private entity providing probation services must |
711 | conduct a search of the probationer's name or other identifying |
712 | information against the registration information regarding |
713 | sexual predators and sexual offenders maintained by the |
714 | Department of Law Enforcement under s. 943.043. The probation |
715 | services provider may conduct the search using the Internet site |
716 | maintained by the Department of Law Enforcement. Also, a |
717 | national search must be conducted through the National Sex |
718 | Offender Registry maintained by the United States Department of |
719 | Justice. |
720 | Section 5. Paragraph (a) of subsection (3) of section |
721 | 944.606, Florida Statutes, is amended to read: |
722 | 944.606 Sexual offenders; notification upon release.-- |
723 | (3)(a) The department must provide information regarding |
724 | any sexual offender who is being released after serving a period |
725 | of incarceration for any offense, as follows: |
726 | 1. The department must provide: the sexual offender's |
727 | name, any change in the offender's name by reason of marriage or |
728 | other legal process, and any alias, if known; the correctional |
729 | facility from which the sexual offender is released; the sexual |
730 | offender's social security number, race, sex, date of birth, |
731 | height, weight, and hair and eye color; address of any planned |
732 | permanent residence or temporary residence, within the state or |
733 | out of state, including a rural route address and a post office |
734 | box; if no permanent or temporary address, any transient |
735 | residence within the state; address, location, or description |
736 | and dates of any known future temporary residence within the |
737 | state or out of state; date and county of sentence and each |
738 | crime for which the offender was sentenced; a copy of the |
739 | offender's fingerprints and a digitized photograph taken within |
740 | 60 days before release; the date of release of the sexual |
741 | offender; any electronic mail address and any instant message |
742 | name required to be provided pursuant to s. 943.0435(4)(d); and |
743 | the offender's intended residence address, if known. The |
744 | department shall notify the Department of Law Enforcement if the |
745 | sexual offender escapes, absconds, or dies. If the sexual |
746 | offender is in the custody of a private correctional facility, |
747 | the facility shall take the digitized photograph of the sexual |
748 | offender within 60 days before the sexual offender's release and |
749 | provide this photograph to the Department of Corrections and |
750 | also place it in the sexual offender's file. If the sexual |
751 | offender is in the custody of a local jail, the custodian of the |
752 | local jail shall register the offender within 3 business days |
753 | after intake of the offender for any reason and upon release, |
754 | and shall notify the Department of Law Enforcement of the sexual |
755 | offender's release and provide to the Department of Law |
756 | Enforcement the information specified in this paragraph and any |
757 | information specified in subparagraph 2. that the Department of |
758 | Law Enforcement requests. |
759 | 2. The department may provide any other information deemed |
760 | necessary, including criminal and corrections records, |
761 | nonprivileged personnel and treatment records, when available. |
762 | Section 6. Paragraph (a) of subsection (4), paragraph (b) |
763 | of subsection (6), and paragraph (c) of subsection (13) of |
764 | section 944.607, Florida Statutes, are amended to read: |
765 | 944.607 Notification to Department of Law Enforcement of |
766 | information on sexual offenders.-- |
767 | (4) A sexual offender, as described in this section, who |
768 | is under the supervision of the Department of Corrections but is |
769 | not incarcerated must register with the Department of |
770 | Corrections within 3 business days after sentencing for a |
771 | registrable registerable offense and otherwise provide |
772 | information as required by this subsection. |
773 | (a) The sexual offender shall provide his or her name; |
774 | date of birth; social security number; race; sex; height; |
775 | weight; hair and eye color; tattoos or other identifying marks; |
776 | any electronic mail address and any instant message name |
777 | required to be provided pursuant to s. 943.0435(4)(d); and |
778 | permanent or legal residence and address of temporary residence |
779 | within the state or out of state while the sexual offender is |
780 | under supervision in this state, including any rural route |
781 | address or post office box; if no permanent or temporary |
782 | address, any transient residence within the state; address, |
783 | location, or description and dates of any current or known |
784 | future temporary residence within the state or out of state. The |
785 | Department of Corrections shall verify the address of each |
786 | sexual offender in the manner described in ss. 775.21 and |
787 | 943.0435. The department shall report to the Department of Law |
788 | Enforcement any failure by a sexual predator or sexual offender |
789 | to comply with registration requirements. |
790 | (6) The information provided to the Department of Law |
791 | Enforcement must include: |
792 | (b) The sexual offender's most current address and place |
793 | of permanent and temporary residence within the state or out of |
794 | state or transient residence, and address, location, or |
795 | description and dates of any current or known future temporary |
796 | residence within the state or out of state, while the sexual |
797 | offender is under supervision in this state, including the name |
798 | of the county or municipality in which the offender permanently |
799 | or temporarily resides or transient residence, and address, |
800 | location, or description and dates of any current or known |
801 | future temporary residence within the state or out of state, |
802 | and, if known, the intended place of permanent or temporary |
803 | residence or transient residence, and address, location, or |
804 | description and dates of any current or known future temporary |
805 | residence within the state or out of state upon satisfaction of |
806 | all sanctions; |
807 |
|
808 | If any information provided by the department changes during the |
809 | time the sexual offender is under the department's control, |
810 | custody, or supervision, including any change in the offender's |
811 | name by reason of marriage or other legal process, the |
812 | department shall, in a timely manner, update the information and |
813 | provide it to the Department of Law Enforcement in the manner |
814 | prescribed in subsection (2). |
815 | (13) |
816 | (c) The sheriff's office may determine the appropriate |
817 | times and days for reporting by the sexual offender, which shall |
818 | be consistent with the reporting requirements of this |
819 | subsection. Reregistration shall include any changes to the |
820 | following information: |
821 | 1. Name; social security number; age; race; sex; date of |
822 | birth; height; weight; hair and eye color; address of any |
823 | permanent residence and address of any current temporary |
824 | residence, within the state or out of state, including a rural |
825 | route address and a post office box; if no permanent or |
826 | temporary address, any transient residence; address, location, |
827 | or description and dates of any current or known future |
828 | temporary residence both within the state and out of state; any |
829 | electronic mail address and any instant message name required to |
830 | be provided pursuant to s. 943.0435(4)(d); date and place of any |
831 | employment; vehicle make, model, color, and license tag number; |
832 | fingerprints; and photograph. A post office box shall not be |
833 | provided in lieu of a physical residential address. |
834 | 2. If the sexual offender is enrolled, employed, or |
835 | carrying on a vocation at an institution of higher education in |
836 | this state, the sexual offender shall also provide to the |
837 | department the name, address, and county of each institution, |
838 | including each campus attended, and the sexual offender's |
839 | enrollment or employment status. |
840 | 3. If the sexual offender's place of residence is a motor |
841 | vehicle, trailer, mobile home, or manufactured home, as defined |
842 | in chapter 320, the sexual offender shall also provide the |
843 | vehicle identification number; the license tag number; the |
844 | registration number; and a description, including color scheme, |
845 | of the motor vehicle, trailer, mobile home, or manufactured |
846 | home. If the sexual offender's place of residence is a vessel, |
847 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
848 | sexual offender shall also provide the hull identification |
849 | number; the manufacturer's serial number; the name of the |
850 | vessel, live-aboard vessel, or houseboat; the registration |
851 | number; and a description, including color scheme, of the |
852 | vessel, live-aboard vessel or houseboat. |
853 | 4. Any sexual offender who fails to report in person as |
854 | required at the sheriff's office, or who fails to respond to any |
855 | address verification correspondence from the department within 3 |
856 | weeks of the date of the correspondence, or who fails to report |
857 | electronic mail addresses or instant message names, commits a |
858 | felony of the third degree, punishable as provided in s. |
859 | 775.082, s. 775.083, or s. 775.084. |
860 | Section 7. Paragraph (b) of subsection (7) of section |
861 | 947.1405, Florida Statutes, is amended, and subsection (11) is |
862 | added to that section, to read: |
863 | 947.1405 Conditional release program.-- |
864 | (7) |
865 | (b) For a releasee whose crime was committed on or after |
866 | October 1, 1997, in violation of chapter 794, s. 800.04, s. |
867 | 827.071, or s. 847.0145, and who is subject to conditional |
868 | release supervision, in addition to any other provision of this |
869 | subsection, the commission shall impose the following additional |
870 | conditions of conditional release supervision: |
871 | 1. As part of a treatment program, participation in a |
872 | minimum of one annual polygraph examination to obtain |
873 | information necessary for risk management and treatment and to |
874 | reduce the sex offender's denial mechanisms. The polygraph |
875 | examination must be conducted by a polygrapher trained |
876 | specifically in the use of the polygraph for the monitoring of |
877 | sex offenders who has been authorized by the department and |
878 | approved by the commission, where available, and at the expense |
879 | of the releasee sex offender. The results of the polygraph |
880 | examination shall be provided to the releasee's probation |
881 | officer and therapist and shall not be used as evidence in a |
882 | hearing to prove that a violation of supervision has occurred. |
883 | 2. Maintenance of a driving log and a prohibition against |
884 | driving a motor vehicle alone without the prior approval of the |
885 | supervising officer. |
886 | 3. A prohibition against obtaining or using a post office |
887 | box without the prior approval of the supervising officer. |
888 | 4. If there was sexual contact, a submission to, at the |
889 | releasee's probationer's or community controllee's expense, an |
890 | HIV test with the results to be released to the victim or the |
891 | victim's parent or guardian. |
892 | 5. Electronic monitoring of any form when ordered by the |
893 | commission. |
894 | (11)(a) For a releasee whose crime was committed on or |
895 | after July 1, 2008, the commission must, in addition to all |
896 | other provisions of this section, impose the special conditions |
897 | in paragraph (b) on the following releasees: |
898 | 1. A releasee whose crime was committed on or after July |
899 | 1, 2008, in violation of s. 800.04(4), (5), or (6); s. 827.071; |
900 | or s. 847.0145 in this state or a similar offense in another |
901 | jurisdiction when, at the time of the offense, the victim was |
902 | under 16 years of age and the releasee was 18 years of age or |
903 | older. |
904 | 2. A releasee who is designated as a sexual predator under |
905 | s. 775.21 or is determined to be a sexually violent predator |
906 | under chapter 394 or who has received a similar designation or |
907 | determination in another jurisdiction. |
908 | 3. A releasee subject to registration as a sexual predator |
909 | under s. 775.21 or as a sexual offender under s. 943.0435 who |
910 | has committed an offense that would meet the criteria for the |
911 | designation or registration when at the time of the offense the |
912 | victim was under 16 years of age and the releasee was 18 years |
913 | of age or older, who commits a violation of s. 775.21 or s. |
914 | 943.0435 on or after July 1, 2008, and who is not otherwise |
915 | subject to this paragraph. |
916 | (b) The commission must order: |
917 | 1. A prohibition on visiting areas where children |
918 | regularly congregate, including, but not limited to, schools, |
919 | day care centers, parks, and playgrounds. The commission may |
920 | also designate additional locations to protect a victim. |
921 | 2. A prohibition on participation in holiday events, |
922 | including, but not limited to, distributing candy or other items |
923 | to children on Halloween, wearing a Santa Claus costume on or |
924 | preceding Christmas, wearing an Easter Bunny costume on or |
925 | preceding Easter, entertaining at children's parties, or wearing |
926 | a clown costume without prior approval from the court. |
927 | Section 8. Paragraph (a) of subsection (2) of section |
928 | 948.30, Florida Statutes, is amended, and subsection (4) is |
929 | added to that section, to read: |
930 | 948.30 Additional terms and conditions of probation or |
931 | community control for certain sex offenses.--Conditions imposed |
932 | pursuant to this section do not require oral pronouncement at |
933 | the time of sentencing and shall be considered standard |
934 | conditions of probation or community control for offenders |
935 | specified in this section. |
936 | (2) Effective for a probationer or community controllee |
937 | whose crime was committed on or after October 1, 1997, and who |
938 | is placed on community control or sex offender probation for a |
939 | violation of chapter 794, s. 800.04, s. 827.071, or s. 847.0145, |
940 | in addition to any other provision of this section, the court |
941 | must impose the following conditions of probation or community |
942 | control: |
943 | (a) As part of a treatment program, participation at least |
944 | annually in polygraph examinations to obtain information |
945 | necessary for risk management and treatment and to reduce the |
946 | sex offender's denial mechanisms. A polygraph examination must |
947 | be conducted by a polygrapher trained specifically in the use of |
948 | the polygraph for the monitoring of sex offenders who has been |
949 | authorized by the department and approved by the court, where |
950 | available, and shall be paid for by the probationer or community |
951 | controllee sex offender. The results of the polygraph |
952 | examination shall be provided to the probationer's or community |
953 | controllee's probation officer and therapist and shall not be |
954 | used as evidence in court to prove that a violation of community |
955 | supervision has occurred. |
956 | (4)(a) The court must, in addition to all other provisions |
957 | of this section, impose the special conditions in paragraph (b) |
958 | on the following probationers or community controllees whose |
959 | crime was committed on or after July 1, 2008: |
960 | 1. A probationer or community controllee who violated s. |
961 | 800.04(4), (5), or (6); s. 827.071; or s. 847.0145 in this state |
962 | or committed a similar offense in another jurisdiction when, at |
963 | the time of the offense, the victim was under 16 years of age |
964 | and the probationer or community controllee was 18 years of age |
965 | or older. |
966 | 2. A probationer or community controllee who is designated |
967 | as a sexual predator under s. 775.21 or is determined to be a |
968 | sexually violent predator under chapter 394 or who has received |
969 | a similar designation or determination in another jurisdiction. |
970 | 3. A probationer or community controllee subject to |
971 | registration as a sexual predator under s. 775.21 or as a sexual |
972 | offender pursuant to s. 943.0435 who has committed an offense |
973 | that would meet the criteria for the designation or registration |
974 | when at the time of the offense the victim was under 16 years of |
975 | age and the probationer or community controllee was 18 years of |
976 | age or older, who commits a violation of s. 775.21 or s. |
977 | 943.0435 on or after July 1, 2008, and who is not otherwise |
978 | subject to this paragraph. |
979 | (b) The court must order: |
980 | 1. A prohibition on visiting areas where children |
981 | regularly congregate, including, but not limited to, schools, |
982 | day care centers, parks, and playgrounds. The court may also |
983 | designate additional locations to protect the victim. |
984 | 2. A prohibition on participation in holiday events, |
985 | including, but not limited to, distributing candy or other items |
986 | to children on Halloween, wearing a Santa Claus costume on or |
987 | preceding Christmas, wearing an Easter Bunny costume on or |
988 | preceding Easter, entertaining at children's parties, or wearing |
989 | a clown costume without prior approval from the court. |
990 | Section 9. Section 948.31, Florida Statutes, is amended to |
991 | read: |
992 | 948.31 Diagnosis, Evaluation, and treatment of sexual |
993 | predators and offenders placed on probation or community control |
994 | for certain sex offenses or child exploitation.--The court shall |
995 | require an a diagnosis and evaluation to determine the need of a |
996 | probationer or community controllee offender in community |
997 | control for treatment. If the court determines that a need |
998 | therefor is established by the such diagnosis and evaluation |
999 | process, the court shall require sexual offender treatment |
1000 | outpatient counseling as a term or condition of probation or |
1001 | community control for any person who meets the criteria to be |
1002 | designated as a sexual predator under s. 775.21 or to be subject |
1003 | to registration as a sexual offender under s. 943.0435. was |
1004 | found guilty of any of the following, or whose plea of guilty or |
1005 | nolo contendere to any of the following was accepted by the |
1006 | court: |
1007 | (1) Lewd or lascivious battery, lewd or lascivious |
1008 | molestation, lewd or lascivious conduct, or lewd or lascivious |
1009 | exhibition, as defined in s. 800.04. |
1010 | (2) Sexual battery, as defined in chapter 794, against a |
1011 | child. |
1012 | (3) Exploitation of a child as provided in s. 450.151, or |
1013 | for prostitution. |
1014 |
|
1015 | Such treatment counseling shall be required to be obtained from |
1016 | a qualified practitioner specifically trained to treat sex |
1017 | offenders. The court shall impose a restriction against contact |
1018 | with minors if sexual offender treatment is recommended |
1019 | community mental health center, a recognized social service |
1020 | agency providing mental health services, or a private mental |
1021 | health professional or through other professional counseling. |
1022 | The evaluation and recommendations plan for treatment of |
1023 | counseling for the probationer or community controllee |
1024 | individual shall be provided to the court for review. |
1025 | Section 10. Paragraph (a) of subsection (3) of section |
1026 | 985.481, Florida Statutes, is amended to read: |
1027 | 985.481 Sexual offenders adjudicated delinquent; |
1028 | notification upon release.-- |
1029 | (3)(a) The department must provide information regarding |
1030 | any sexual offender who is being released after serving a period |
1031 | of residential commitment under the department for any offense, |
1032 | as follows: |
1033 | 1. The department must provide the sexual offender's name, |
1034 | any change in the offender's name by reason of marriage or other |
1035 | legal process, and any alias, if known; the correctional |
1036 | facility from which the sexual offender is released; the sexual |
1037 | offender's social security number, race, sex, date of birth, |
1038 | height, weight, and hair and eye color; address of any planned |
1039 | permanent residence or temporary residence, within the state or |
1040 | out of state, including a rural route address and a post office |
1041 | box; if no permanent or temporary address, any transient |
1042 | residence within the state; address, location, or description |
1043 | and dates of any known future temporary residence within the |
1044 | state or out of state; date and county of disposition and each |
1045 | crime for which there was a disposition; a copy of the |
1046 | offender's fingerprints and a digitized photograph taken within |
1047 | 60 days before release; the date of release of the sexual |
1048 | offender; and the offender's intended residence address, if |
1049 | known. The department shall notify the Department of Law |
1050 | Enforcement if the sexual offender escapes, absconds, or dies. |
1051 | If the sexual offender is in the custody of a private |
1052 | correctional facility, the facility shall take the digitized |
1053 | photograph of the sexual offender within 60 days before the |
1054 | sexual offender's release and also place it in the sexual |
1055 | offender's file. If the sexual offender is in the custody of a |
1056 | local jail, the custodian of the local jail shall register the |
1057 | offender within 3 business days after intake of the offender for |
1058 | any reason and upon release, and shall notify the Department of |
1059 | Law Enforcement of the sexual offender's release and provide to |
1060 | the Department of Law Enforcement the information specified in |
1061 | this subparagraph and any information specified in subparagraph |
1062 | 2. which the Department of Law Enforcement requests. |
1063 | 2. The department may provide any other information |
1064 | considered necessary, including criminal and delinquency |
1065 | records, when available. |
1066 | Section 11. Paragraph (a) of subsection (4), paragraph (a) |
1067 | of subsection (6), and paragraph (b) of subsection (13) of |
1068 | section 985.4815, Florida Statutes, are amended to read: |
1069 | 985.4815 Notification to Department of Law Enforcement of |
1070 | information on juvenile sexual offenders.-- |
1071 | (4) A sexual offender, as described in this section, who |
1072 | is under the supervision of the department but who is not |
1073 | committed must register with the department within 3 business |
1074 | days after adjudication and disposition for a registrable |
1075 | offense and otherwise provide information as required by this |
1076 | subsection. |
1077 | (a) The sexual offender shall provide his or her name; |
1078 | date of birth; social security number; race; sex; height; |
1079 | weight; hair and eye color; tattoos or other identifying marks; |
1080 | and permanent or legal residence and address of temporary |
1081 | residence within the state or out of state while the sexual |
1082 | offender is in the care or custody or under the jurisdiction or |
1083 | supervision of the department in this state, including any rural |
1084 | route address or post office box, if no permanent or temporary |
1085 | address, any transient residence; address, location, or |
1086 | description and dates of any current or known future temporary |
1087 | residence within the state or out of state, and the name and |
1088 | address of each school attended. The department shall verify the |
1089 | address of each sexual offender and shall report to the |
1090 | Department of Law Enforcement any failure by a sexual offender |
1091 | to comply with registration requirements. |
1092 | (6)(a) The information provided to the Department of Law |
1093 | Enforcement must include the following: |
1094 | 1. The information obtained from the sexual offender under |
1095 | subsection (4). |
1096 | 2. The sexual offender's most current address and place of |
1097 | permanent or temporary residence within the state or out of |
1098 | state or transient residence; and address, location, or |
1099 | description and dates of any current or known future temporary |
1100 | residence within the state or out of state while the sexual |
1101 | offender is in the care or custody or under the jurisdiction or |
1102 | supervision of the department in this state, including the name |
1103 | of the county or municipality in which the offender permanently |
1104 | or temporarily resides or transient residence; and address, |
1105 | location, or description and dates of any current or known |
1106 | future temporary residence within the state or out of state; |
1107 | and, if known, the intended place of permanent or temporary |
1108 | residence or transient residence; and address, location, or |
1109 | description and dates of any current or known future temporary |
1110 | residence within the state or out of state upon satisfaction of |
1111 | all sanctions. |
1112 | 3. The legal status of the sexual offender and the |
1113 | scheduled termination date of that legal status. |
1114 | 4. The location of, and local telephone number for, any |
1115 | department office that is responsible for supervising the sexual |
1116 | offender. |
1117 | 5. An indication of whether the victim of the offense that |
1118 | resulted in the offender's status as a sexual offender was a |
1119 | minor. |
1120 | 6. The offense or offenses at adjudication and disposition |
1121 | that resulted in the determination of the offender's status as a |
1122 | sex offender. |
1123 | 7. A digitized photograph of the sexual offender, which |
1124 | must have been taken within 60 days before the offender was |
1125 | released from the custody of the department or a private |
1126 | correctional facility by expiration of sentence under s. |
1127 | 944.275, or within 60 days after the onset of the department's |
1128 | supervision of any sexual offender who is on probation, |
1129 | postcommitment probation, residential commitment, nonresidential |
1130 | commitment, licensed child-caring commitment, community control, |
1131 | conditional release, parole, provisional release, or control |
1132 | release or who is supervised by the department under the |
1133 | Interstate Compact Agreement for Probationers and Parolees. If |
1134 | the sexual offender is in the custody of a private correctional |
1135 | facility, the facility shall take a digitized photograph of the |
1136 | sexual offender within the time period provided in this |
1137 | subparagraph and shall provide the photograph to the department. |
1138 | (13) |
1139 | (b) The sheriff's office may determine the appropriate |
1140 | times and days for reporting by the sexual offender, which shall |
1141 | be consistent with the reporting requirements of this |
1142 | subsection. Reregistration shall include any changes to the |
1143 | following information: |
1144 | 1. Name; social security number; age; race; sex; date of |
1145 | birth; height; weight; hair and eye color; address of any |
1146 | permanent residence and address of any current temporary |
1147 | residence, within the state or out of state, including a rural |
1148 | route address and a post office box; if no permanent or |
1149 | temporary address, any transient residence; address, location, |
1150 | or description and dates of any current or known future |
1151 | temporary residence within the state or out of state; name and |
1152 | address of each school attended; date and place of any |
1153 | employment; vehicle make, model, color, and license tag number; |
1154 | fingerprints; and photograph. A post office box shall not be |
1155 | provided in lieu of a physical residential address. |
1156 | 2. If the sexual offender is enrolled, employed, or |
1157 | carrying on a vocation at an institution of higher education in |
1158 | this state, the sexual offender shall also provide to the |
1159 | department the name, address, and county of each institution, |
1160 | including each campus attended, and the sexual offender's |
1161 | enrollment or employment status. |
1162 | 3. If the sexual offender's place of residence is a motor |
1163 | vehicle, trailer, mobile home, or manufactured home, as defined |
1164 | in chapter 320, the sexual offender shall also provide the |
1165 | vehicle identification number; the license tag number; the |
1166 | registration number; and a description, including color scheme, |
1167 | of the motor vehicle, trailer, mobile home, or manufactured |
1168 | home. If the sexual offender's place of residence is a vessel, |
1169 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
1170 | sexual offender shall also provide the hull identification |
1171 | number; the manufacturer's serial number; the name of the |
1172 | vessel, live-aboard vessel, or houseboat; the registration |
1173 | number; and a description, including color scheme, of the |
1174 | vessel, live-aboard vessel, or houseboat. |
1175 | 4. Any sexual offender who fails to report in person as |
1176 | required at the sheriff's office, or who fails to respond to any |
1177 | address verification correspondence from the department within 3 |
1178 | weeks after the date of the correspondence, commits a felony of |
1179 | the third degree, punishable as provided in ss. 775.082, |
1180 | 775.083, and 775.084. |
1181 | Section 12. This act shall take effect July 1, 2008. |