1 | A bill to be entitled |
2 | An act relating to sexual offenders and predators; |
3 | amending s. 322.141, F.S.; requiring additional persons |
4 | subject to registration to obtain driver's licenses or |
5 | identification cards with distinctive markings; amending |
6 | ss. 775.21 and 943.0435, F.S.; creating and revising |
7 | definitions; revising registration criteria; requiring |
8 | registrants to register transient residences; requiring |
9 | additional information to be provided by registrants; |
10 | requiring biometric information to be provided by certain |
11 | registrants; permitting the sharing of such biometric |
12 | information with certain agencies; providing for |
13 | additional information to be provided to the public |
14 | concerning registrants; requiring registrants to provide |
15 | changes to additional specified information; prohibits a |
16 | registrant from knowingly providing false information; |
17 | providing penalties; revising prohibition on work that may |
18 | be performed by registrants who have committed specified |
19 | violations involving minors; amending s. 775.25, F.S.; |
20 | revising provisions relating to prosecutions for acts or |
21 | omissions by an offender or predator; creating s. |
22 | 943.04355, F.S.; providing for sexual offender |
23 | registration and community notification in tribal |
24 | jurisdictions; amending s. 943.0436, F.S.; including |
25 | additional laws within provisions relating to duty of the |
26 | court to uphold laws governing sexual predators and sexual |
27 | offenders; amending ss. 944.606, 944.607, 985.481, and |
28 | 985.4815, F.S.; revising provisions relating to certain |
29 | registrants; creating and revising definitions; revising |
30 | registration criteria; requiring registrants to register |
31 | transient residences; requiring additional information to |
32 | be provided by registrants; requiring biometric |
33 | information to be provided by certain registrants; |
34 | permitting the sharing of such biometric information with |
35 | certain agencies; providing for additional information to |
36 | be provided to the public concerning registrants; |
37 | requiring registrants to provide changes to additional |
38 | specified information; prohibits a registrant from |
39 | knowingly providing false information; providing |
40 | penalties; revising prohibition on work that may be |
41 | performed by registrants who have committed specified |
42 | violations involving minors; providing an effective date. |
43 |
|
44 | Be It Enacted by the Legislature of the State of Florida: |
45 |
|
46 | Section 1. Subsections (3) and (4) of section 322.141, |
47 | Florida Statutes, are amended to read: |
48 | 322.141 Color or markings of certain licenses or |
49 | identification cards.-- |
50 | (3) All licenses for the operation of motor vehicles or |
51 | identification cards originally issued or reissued by the |
52 | department to persons who are designated as sexual predators |
53 | under s. 775.21 or subject to registration as sexual offenders |
54 | under s. 943.0435, or s. 944.607, or s. 985.4815 shall have on |
55 | the front of the license or identification card the following: |
56 | (a) For a person designated as a sexual predator under s. |
57 | 775.21, the marking "775.21, F.S." |
58 | (b) For a person subject to registration as a sexual |
59 | offender under s. 943.0435, or s. 944.607, or s. 985.4815, the |
60 | marking "943.0435, F.S." |
61 | (4) Unless previously secured or updated, each sexual |
62 | offender and sexual predator shall report to the department |
63 | during the month of his or her reregistration as required under |
64 | s. 775.21(8), s. 943.0435(14), or s. 944.607(13), or s. 985.4815 |
65 | in order to obtain an updated or renewed driver's license or |
66 | identification card as required by subsection (3). |
67 | Section 2. Paragraph (g) of subsection (2), paragraphs (a) |
68 | and (c) of subsection (4), paragraphs (a) and (d) of subsection |
69 | (5), paragraphs (a), (c), (e), (f), (g), (i), (j), and (k) of |
70 | subsection (6), paragraph (a) of subsection (7), paragraph (a) |
71 | of subsection (8), and paragraphs (a), (b), and (c) of |
72 | subsection (10) of section 775.21, Florida Statutes, are |
73 | amended, and paragraphs (l) and (m) are added to subsection (2) |
74 | of that section, to read: |
75 | 775.21 The Florida Sexual Predators Act.-- |
76 | (2) DEFINITIONS.--As used in this section, the term: |
77 | (g) "Temporary residence" means a place where the person |
78 | abides, lodges, or resides, including, but not limited to, |
79 | vacation, business, or personal travel destinations in or out of |
80 | this state, for a period of 5 or more days in the aggregate |
81 | during any calendar year and which is not the person's permanent |
82 | address or, for a person whose permanent residence is not in |
83 | this state, a place where the person is employed, practices a |
84 | vocation, or is enrolled as a student for any period of time in |
85 | this state. |
86 | (l) "Transient residence" means a place or county where a |
87 | person lives, remains, or is located for a period of 5 or more |
88 | days in the aggregate during a calendar year and which is not |
89 | the person's permanent or temporary address, and the term |
90 | includes, but is not limited to, any place where the person |
91 | sleeps or seeks shelter, including a location that has no |
92 | specific street address. |
93 | (m) "Secondary educational institution" means any trade, |
94 | professional, or secondary school, whether public, private, |
95 | religious, denominational, parochial, or nonparochial, attended |
96 | for any purpose, including, but not limited to, secular, |
97 | religious, or cultural studies. |
98 | (4) SEXUAL PREDATOR CRITERIA.-- |
99 | (a) For a current offense committed on or after October 1, |
100 | 1993, upon conviction, an offender shall be designated as a |
101 | "sexual predator" under subsection (5), and subject to |
102 | registration under subsection (6) and community and public |
103 | notification under subsection (7) if: |
104 | 1. The felony is: |
105 | a. A capital, life, or first-degree felony violation, or |
106 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim |
107 | is a minor and the defendant is not the victim's parent or |
108 | guardian, or s. 794.011, s. 800.04, or s. 847.0145, or any |
109 | conviction for a similar offense committed in this state which |
110 | has been redesignated from a former statute number to one of |
111 | those listed in this sub-subparagraph, or a violation of a |
112 | similar law of another jurisdiction; or |
113 | b. Any felony violation, or any attempt, solicitation, or |
114 | conspiracy to commit any felony violation thereof, of s. 787.01, |
115 | s. 787.02, or s. 787.025(2)(c), where the victim is a minor and |
116 | the defendant is not the victim's parent or guardian; s. |
117 | 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
118 | 796.035; s. 800.04; s. 810.145, where the victim is a minor; s. |
119 | 825.1025(2)(b); s. 827.071; s. 847.0145; or s. 985.701(1); or |
120 | any conviction for a similar offense committed in this state |
121 | which has been redesignated from a former statute number to one |
122 | of those listed in this sub-subparagraph, or a violation of a |
123 | similar law of another jurisdiction, and the offender has |
124 | previously been convicted of or found to have committed, or |
125 | attempted, solicited, or conspired to commit, or has pled nolo |
126 | contendere or guilty to, regardless of adjudication, any |
127 | violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where |
128 | the victim is a minor and the defendant is not the victim's |
129 | parent or guardian; s. 794.011, excluding s. 794.011(10); s. |
130 | 794.05; s. 796.03; s. 796.035; s. 800.04; s. 810.145, where the |
131 | victim is a minor; s. 825.1025; s. 827.071; s. 847.0133; s. |
132 | 847.0135, excluding s. 847.0135(5)(4); s. 847.0145; or s. |
133 | 985.701(1); or any conviction for a similar offense committed in |
134 | this state which has been redesignated from a former statute |
135 | number to one of those listed in this sub-subparagraph; or a |
136 | violation of a similar law of another jurisdiction; |
137 | 2. The offender has not received a pardon for any felony |
138 | or similar law of another jurisdiction that is necessary for the |
139 | operation of this paragraph; and |
140 | 3. A conviction of a felony or similar law of another |
141 | jurisdiction necessary to the operation of this paragraph has |
142 | not been set aside in any postconviction proceeding. |
143 | (c) If an offender has been registered as a sexual |
144 | predator by the Department of Corrections, the department, or |
145 | any other law enforcement agency and if: |
146 | 1. The court did not, for whatever reason, make a written |
147 | finding at the time of sentencing that the offender was a sexual |
148 | predator; or |
149 | 2. The offender was administratively registered as a |
150 | sexual predator because the Department of Corrections, the |
151 | department, or any other law enforcement agency obtained |
152 | information that indicated that the offender met the criteria |
153 | for designation as a sexual predator based on a violation of a |
154 | similar law in another jurisdiction, |
155 |
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156 | the department shall remove that offender from the department's |
157 | list of sexual predators and, for an offender described under |
158 | subparagraph 1., shall notify the state attorney who prosecuted |
159 | the offense that met the criteria for administrative designation |
160 | as a sexual predator, and, for an offender described under this |
161 | paragraph, shall notify the state attorney of the county where |
162 | the offender establishes or maintains a permanent, or temporary, |
163 | or transient residence. The state attorney shall bring the |
164 | matter to the court's attention in order to establish that the |
165 | offender meets the criteria for designation as a sexual |
166 | predator. If the court makes a written finding that the offender |
167 | is a sexual predator, the offender must be designated as a |
168 | sexual predator, must register or be registered as a sexual |
169 | predator with the department as provided in subsection (6), and |
170 | is subject to the community and public notification as provided |
171 | in subsection (7). If the court does not make a written finding |
172 | that the offender is a sexual predator, the offender may not be |
173 | designated as a sexual predator with respect to that offense and |
174 | is not required to register or be registered as a sexual |
175 | predator with the department. |
176 | (5) SEXUAL PREDATOR DESIGNATION.--An offender is |
177 | designated as a sexual predator as follows: |
178 | (a)1. An offender who meets the sexual predator criteria |
179 | described in paragraph (4)(d) is a sexual predator, and the |
180 | court shall make a written finding at the time such offender is |
181 | determined to be a sexually violent predator under chapter 394 |
182 | that such person meets the criteria for designation as a sexual |
183 | predator for purposes of this section. The clerk shall transmit |
184 | a copy of the order containing the written finding to the |
185 | department within 48 hours after the entry of the order; |
186 | 2. An offender who meets the sexual predator criteria |
187 | described in paragraph (4)(a) who is before the court for |
188 | sentencing for a current offense committed on or after October |
189 | 1, 1993, is a sexual predator, and the sentencing court must |
190 | make a written finding at the time of sentencing that the |
191 | offender is a sexual predator, and the clerk of the court shall |
192 | transmit a copy of the order containing the written finding to |
193 | the department within 48 hours after the entry of the order; or |
194 | 3. If the Department of Corrections, the department, or |
195 | any other law enforcement agency obtains information which |
196 | indicates that an offender who establishes or maintains a |
197 | permanent, or temporary, or transient residence in this state |
198 | meets the sexual predator criteria described in paragraph (4)(a) |
199 | or paragraph (4)(d) because the offender was civilly committed |
200 | or committed a similar violation in another jurisdiction on or |
201 | after October 1, 1993, the Department of Corrections, the |
202 | department, or the law enforcement agency shall notify the state |
203 | attorney of the county where the offender establishes or |
204 | maintains a permanent, or temporary, or transient residence of |
205 | the offender's presence in the community. The state attorney |
206 | shall file a petition with the criminal division of the circuit |
207 | court for the purpose of holding a hearing to determine if the |
208 | offender's criminal record or record of civil commitment from |
209 | another jurisdiction meets the sexual predator criteria. If the |
210 | court finds that the offender meets the sexual predator criteria |
211 | because the offender has violated a similar law or similar laws |
212 | in another jurisdiction, the court shall make a written finding |
213 | that the offender is a sexual predator. |
214 |
|
215 | When the court makes a written finding that an offender is a |
216 | sexual predator, the court shall inform the sexual predator of |
217 | the registration and community and public notification |
218 | requirements described in this section. Within 48 hours after |
219 | the court designating an offender as a sexual predator, the |
220 | clerk of the circuit court shall transmit a copy of the court's |
221 | written sexual predator finding to the department. If the |
222 | offender is sentenced to a term of imprisonment or supervision, |
223 | a copy of the court's written sexual predator finding must be |
224 | submitted to the Department of Corrections. |
225 | (d) A person who establishes or maintains a residence in |
226 | this state and who has not been designated as a sexual predator |
227 | by a court of this state but who has been designated as a sexual |
228 | predator, as a sexually violent predator, or by another sexual |
229 | offender designation in another state or jurisdiction and was, |
230 | as a result of such designation, subjected to registration or |
231 | community or public notification, or both, or would be if the |
232 | person was a resident of that state or jurisdiction, without |
233 | regard to whether the person otherwise meets the criteria for |
234 | registration as a sexual offender, shall register in the manner |
235 | provided in s. 943.0435, or s. 944.607, or s. 985.4815 and shall |
236 | be subject to community and public notification as provided in |
237 | s. 943.0435, or s. 944.607, or s. 985.4815. A person who meets |
238 | the criteria of this section is subject to the requirements and |
239 | penalty provisions of s. 943.0435, or s. 944.607, or s. 985.4815 |
240 | until the person provides the department with an order issued by |
241 | the court that designated the person as a sexual predator, as a |
242 | sexually violent predator, or by another sexual offender |
243 | designation in the state or jurisdiction in which the order was |
244 | issued which states that such designation has been removed or |
245 | demonstrates to the department that such designation, if not |
246 | imposed by a court, has been removed by operation of law or |
247 | court order in the state or jurisdiction in which the |
248 | designation was made, and provided such person no longer meets |
249 | the criteria for registration as a sexual offender under the |
250 | laws of this state. |
251 | (6) REGISTRATION.-- |
252 | (a) A sexual predator must register with the department |
253 | through the sheriff's office by providing the following |
254 | information to the department: |
255 | 1. Name, nicknames, and pseudonyms; social security |
256 | number, including any alias or false social security numbers |
257 | ever used; age;, race;, sex;, date of birth, including any alias |
258 | or false date of birth ever used; height, weight, hair and eye |
259 | color, and physical description, including scars, marks, and |
260 | tattoos; photograph;, address of legal residence and address of |
261 | any current temporary residence, within the state or out of |
262 | state, including a rural route address and a post office box, |
263 | or, if no permanent or temporary address, any transient |
264 | residence within the state; address, location, or description |
265 | and dates of any current or known future temporary residence |
266 | within the state or out of state; any electronic mail address |
267 | and any instant message name required to be provided pursuant to |
268 | subparagraph (g)4.;, all phone numbers, including fixed location |
269 | and cellular phone numbers and any other designations used for |
270 | purposes of routing or self-identification in telephonic |
271 | communications; date and place of any current or known future |
272 | employment, volunteer work, trade, or business, including |
273 | employer address or location if no specific address is |
274 | available; all professional licenses that authorize him or her |
275 | to engage in an occupation or carry out a trade or business; all |
276 | driver's license and identification card numbers and |
277 | identifiers; all travel and immigration documents, including |
278 | passport and visa, and identifying information from such |
279 | documents, including, but not limited to, unique identifiers and |
280 | pertinent issuance and expiration dates, location of issuance, |
281 | destinations, and immigration status; biometric identification |
282 | information, including fingerprints and palm prints; date and |
283 | place of each conviction;, fingerprints, and a brief description |
284 | of the crime or crimes committed by the offender. A post office |
285 | box shall not be provided in lieu of a physical residential |
286 | address. A sexual predator designated under this section on or |
287 | after December 31, 2008, must submit a set of palm prints during |
288 | registration. The sheriff shall promptly provide to the |
289 | department the palm prints in an electronic format. The |
290 | department is authorized to provide the palm prints to the |
291 | Federal Bureau of Investigation and to other criminal justice |
292 | agencies. |
293 | a. If the sexual predator's place of residence is a motor |
294 | vehicle, trailer, mobile home, or manufactured home, as defined |
295 | in chapter 320, the sexual predator shall also provide to the |
296 | department written notice of the vehicle identification number; |
297 | the license tag number; the registration number; and a |
298 | description, including color scheme, of the motor vehicle, |
299 | trailer, mobile home, or manufactured home. If a sexual |
300 | predator's place of residence is a vessel, live-aboard vessel, |
301 | or houseboat, as defined in chapter 327, the sexual predator |
302 | shall also provide to the department written notice of the hull |
303 | identification number; the manufacturer's serial number; the |
304 | name of the vessel, live-aboard vessel, or houseboat; the |
305 | registration number; and a description, including color scheme, |
306 | of the vessel, live-aboard vessel, or houseboat. |
307 | b. If the sexual predator is or will be enrolled, |
308 | employed, or carrying on a vocation at an institution of higher |
309 | education or secondary educational institution in this state, |
310 | the sexual predator shall also provide to the department the |
311 | name, address, and county of each institution, including each |
312 | campus attended, and the sexual predator's enrollment or |
313 | employment status. Each change in enrollment or employment |
314 | status shall be reported in person at the sheriff's office, or |
315 | the Department of Corrections if the sexual predator is in the |
316 | custody or control of or under the supervision of the Department |
317 | of Corrections, within 48 hours after any change in status. The |
318 | sheriff or the Department of Corrections shall promptly notify |
319 | each institution of the sexual predator's presence and any |
320 | change in the sexual predator's enrollment or employment status. |
321 | c. If the sexual predator is employed, volunteers, or |
322 | carries out any trade or business, the sexual predator shall |
323 | register the employment address or location for that activity if |
324 | no specific address is available. In the case where the sexual |
325 | predator's employment lacks a fixed employment address or |
326 | location, the sexual predator shall register information |
327 | regarding his or her probable location during the course of the |
328 | employment, including normal routes or general areas, with |
329 | whatever definiteness is possible. Each change in the |
330 | registration information required in this sub-subparagraph shall |
331 | be reported in person at the sheriff's office, or the Department |
332 | of Corrections if the sexual predator is in the custody or |
333 | control of or under the supervision of the Department of |
334 | Corrections, within 48 hours after any change in status. The |
335 | sheriff or the Department of Corrections shall promptly notify |
336 | the department of this change of the sexual predator's |
337 | registration information. |
338 | d. If the sexual predator owns or operates any vehicle, |
339 | vessel, aircraft, or other land vehicle for personal use or in |
340 | the course of any employment, the sexual predator shall register |
341 | information regarding such vehicle, vessel, aircraft, or other |
342 | land vehicle, including license tag number and information, |
343 | description, including trade or business names or information |
344 | thereon, registration and other identifiers, and information |
345 | regarding the place or places where such vehicle, vessel, |
346 | aircraft, or other land vehicle is habitually parked, docked, or |
347 | otherwise kept if the location is different than the |
348 | registrant's address. Each change in the registration |
349 | information required in this sub-subparagraph shall be reported |
350 | in person at the sheriff's office, or the Department of |
351 | Corrections if the sexual predator is in the custody or control |
352 | of or under the supervision of the Department of Corrections, |
353 | within 48 hours after any change in status. The sheriff or the |
354 | Department of Corrections shall promptly notify the department |
355 | of this change of the sexual predator's registration |
356 | information. |
357 | 2. Any other information determined necessary by the |
358 | department, including criminal and corrections records; |
359 | nonprivileged personnel and treatment records; and evidentiary |
360 | genetic markers when available. |
361 | (c) If the sexual predator is in the custody of a local |
362 | jail, the custodian of the local jail shall electronically |
363 | register the sexual predator within 3 business days after intake |
364 | of the sexual predator for any reason and upon release, and |
365 | shall forward the registration information to the department. |
366 | The custodian of the local jail shall also take a digitized |
367 | photograph of the sexual predator while the sexual predator |
368 | remains in custody and shall provide the digitized photograph to |
369 | the department. The custodian shall notify the department if the |
370 | sexual predator escapes from custody or dies. |
371 | (e)1. If the sexual predator is not in the custody or |
372 | control of, or under the supervision of, the Department of |
373 | Corrections or is not in the custody of a private correctional |
374 | facility, the sexual predator shall register in person: |
375 | a. At the sheriff's office in the county where he or she |
376 | establishes or maintains a residence within 48 hours after |
377 | establishing or maintaining a residence in this state; and |
378 | b. At the sheriff's office in the county where he or she |
379 | was designated a sexual predator by the court within 48 hours |
380 | after such finding is made. |
381 | 2. Any change in the sexual predator's permanent, or |
382 | temporary, or transient residence, name, or any electronic mail |
383 | address and any instant message name required to be provided |
384 | pursuant to subparagraph (g)4., after the sexual predator |
385 | registers in person at the sheriff's office as provided in |
386 | subparagraph 1., shall be accomplished in the manner provided in |
387 | paragraphs (g), (i), and (j). When a sexual predator registers |
388 | with the sheriff's office, the sheriff shall take a photograph |
389 | and a set of biometric identification information, including |
390 | fingerprints and palm prints, fingerprints of the predator and |
391 | forward the photographs and biometric identification information |
392 | fingerprints to the department, along with the information that |
393 | the predator is required to provide pursuant to this section. |
394 | (f) Within 48 hours after the registration required under |
395 | paragraph (a) or paragraph (e), a sexual predator who is not |
396 | incarcerated and who resides in the community, including a |
397 | sexual predator under the supervision of the Department of |
398 | Corrections, shall register in person at a driver's license |
399 | office of the Department of Highway Safety and Motor Vehicles |
400 | and shall present proof of registration. At the driver's license |
401 | office the sexual predator shall: |
402 | 1. If otherwise qualified, secure a Florida driver's |
403 | license, renew a Florida driver's license, or secure an |
404 | identification card. The sexual predator shall identify himself |
405 | or herself as a sexual predator who is required to comply with |
406 | this section, provide his or her place of permanent, or |
407 | temporary, or transient residence, including a rural route |
408 | address and a post office box, and submit to the taking of a |
409 | photograph for use in issuing a driver's license, renewed |
410 | license, or identification card, and for use by the department |
411 | in maintaining current records of sexual predators. A post |
412 | office box shall not be provided in lieu of a physical |
413 | residential address. If the sexual predator's place of residence |
414 | is a motor vehicle, trailer, mobile home, or manufactured home, |
415 | as defined in chapter 320, the sexual predator shall also |
416 | provide to the Department of Highway Safety and Motor Vehicles |
417 | the vehicle identification number; the license tag number; the |
418 | registration number; and a description, including color scheme, |
419 | of the motor vehicle, trailer, mobile home, or manufactured |
420 | home. If a sexual predator's place of residence is a vessel, |
421 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
422 | sexual predator shall also provide to the Department of Highway |
423 | Safety and Motor Vehicles the hull identification number; the |
424 | manufacturer's serial number; the name of the vessel, live- |
425 | aboard vessel, or houseboat; the registration number; and a |
426 | description, including color scheme, of the vessel, live-aboard |
427 | vessel, or houseboat. |
428 | 2. Pay the costs assessed by the Department of Highway |
429 | Safety and Motor Vehicles for issuing or renewing a driver's |
430 | license or identification card as required by this section. The |
431 | driver's license or identification card issued to the sexual |
432 | predator must be in compliance with s. 322.141(3). |
433 | 3. Provide, upon request, any additional information |
434 | necessary to confirm the identity of the sexual predator, |
435 | including a set of fingerprints. |
436 | (g)1. Each time a sexual predator's driver's license or |
437 | identification card is subject to renewal, and, without regard |
438 | to the status of the predator's driver's license or |
439 | identification card, within 48 hours after any change of the |
440 | predator's residence or change in the predator's name by reason |
441 | of marriage or other legal process, the predator shall report in |
442 | person to a driver's license office and shall be subject to the |
443 | requirements specified in paragraph (f). The Department of |
444 | Highway Safety and Motor Vehicles shall forward to the |
445 | department and to the Department of Corrections all photographs |
446 | and information provided by sexual predators. Notwithstanding |
447 | the restrictions set forth in s. 322.142, the Department of |
448 | Highway Safety and Motor Vehicles is authorized to release a |
449 | reproduction of a color-photograph or digital-image license to |
450 | the Department of Law Enforcement for purposes of public |
451 | notification of sexual predators as provided in this section. |
452 | 2. A sexual predator who vacates a permanent or temporary |
453 | residence and fails to establish or maintain another permanent |
454 | or temporary residence shall, within 48 hours after vacating the |
455 | permanent or temporary residence, report in person to the |
456 | sheriff's office of the county in which he or she is located. |
457 | The sexual predator shall specify the date upon which he or she |
458 | intends to or did vacate such residence. The sexual predator |
459 | must provide or update all of the registration information |
460 | required under paragraph (a). The sexual predator must provide |
461 | an address for the residence or other place location that he or |
462 | she is or will be located occupying during the time in which he |
463 | or she fails to establish or maintain a permanent or temporary |
464 | residence. |
465 | 3. A sexual predator who remains at a permanent or |
466 | temporary residence after reporting his or her intent to vacate |
467 | such residence shall, within 48 hours after the date upon which |
468 | the predator indicated he or she would or did vacate such |
469 | residence, report in person to the sheriff's office to which he |
470 | or she reported pursuant to subparagraph 2. for the purpose of |
471 | reporting his or her address at such residence. When the sheriff |
472 | receives the report, the sheriff shall promptly convey the |
473 | information to the department. An offender who makes a report as |
474 | required under subparagraph 2. but fails to make a report as |
475 | required under this subparagraph commits a felony of the second |
476 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
477 | 775.084. |
478 | 4. A sexual predator must register any electronic mail |
479 | address or instant message name with the department prior to |
480 | using such electronic mail address or instant message name on or |
481 | after October 1, 2007. The department shall establish an online |
482 | system through which sexual predators may securely access and |
483 | update all electronic mail address and instant message name |
484 | information. |
485 | (i) A sexual predator who intends to establish a |
486 | temporary, permanent, or transient residence in another state or |
487 | jurisdiction other than the State of Florida shall report in |
488 | person to the sheriff of the county of current residence within |
489 | 48 hours before the date he or she intends to leave this state |
490 | to establish residence in another state or jurisdiction. The |
491 | sexual predator must provide to the sheriff the address, |
492 | municipality, county, and state of intended residence. The |
493 | sheriff shall promptly provide to the department the information |
494 | received from the sexual predator. The department shall notify |
495 | the statewide law enforcement agency, or a comparable agency, in |
496 | the intended state or jurisdiction of residence of the sexual |
497 | predator's intended residence. The failure of a sexual predator |
498 | to provide his or her intended place of residence is punishable |
499 | as provided in subsection (10). |
500 | (j) A sexual predator who indicates his or her intent to |
501 | reside or establish a temporary or transient residence in |
502 | another state or jurisdiction other than the State of Florida |
503 | and later decides to remain in this state shall, within 48 hours |
504 | after the date upon which the sexual predator indicated he or |
505 | she would leave this state, report in person to the sheriff to |
506 | which the sexual predator reported the intended change of |
507 | residence, and report his or her intent to remain in this state. |
508 | If the sheriff is notified by the sexual predator that he or she |
509 | intends to remain in this state, the sheriff shall promptly |
510 | report this information to the department. A sexual predator who |
511 | reports his or her intent to reside or establish a temporary or |
512 | transient residence in another state or jurisdiction, but who |
513 | remains in this state without reporting to the sheriff in the |
514 | manner required by this paragraph, commits a felony of the |
515 | second degree, punishable as provided in s. 775.082, s. 775.083, |
516 | or s. 775.084. |
517 | (k)1. The department is responsible for the online |
518 | maintenance of current information regarding each registered |
519 | sexual predator. The department must maintain hotline access for |
520 | state, local, and federal law enforcement agencies to obtain |
521 | instantaneous locator file and offender characteristics |
522 | information on all released registered sexual predators for |
523 | purposes of monitoring, tracking, and prosecution. The |
524 | photograph and biometric identification information does |
525 | fingerprints do not have to be stored in a computerized format. |
526 | 2. The department's sexual predator registration list, |
527 | containing the information described in subparagraph (a)1., is a |
528 | public record. The department is authorized to disseminate this |
529 | public information by any means deemed appropriate, including |
530 | operating a toll-free telephone number for this purpose. When |
531 | the department provides information regarding a registered |
532 | sexual predator to the public, department personnel must advise |
533 | the person making the inquiry that positive identification of a |
534 | person believed to be a sexual predator cannot be established |
535 | unless a fingerprint comparison is made, and that it is illegal |
536 | to use public information regarding a registered sexual predator |
537 | to facilitate the commission of a crime. |
538 | 3. The department shall adopt guidelines as necessary |
539 | regarding the registration of sexual predators and the |
540 | dissemination of information regarding sexual predators as |
541 | required by this section. |
542 | (7) COMMUNITY AND PUBLIC NOTIFICATION.-- |
543 | (a) Law enforcement agencies must inform members of the |
544 | community and the public of a sexual predator's presence. Upon |
545 | notification of the presence of a sexual predator, the sheriff |
546 | of the county or the chief of police of the municipality where |
547 | the sexual predator establishes or maintains a permanent or |
548 | temporary residence shall notify members of the community and |
549 | the public of the presence of the sexual predator in a manner |
550 | deemed appropriate by the sheriff or the chief of police. Within |
551 | 48 hours after receiving notification of the presence of a |
552 | sexual predator, the sheriff of the county or the chief of |
553 | police of the municipality where the sexual predator temporarily |
554 | or permanently resides shall notify each licensed day care |
555 | center, elementary school, middle school, and high school within |
556 | a 1-mile radius of the temporary or permanent residence of the |
557 | sexual predator of the presence of the sexual predator. |
558 | Information provided to members of the community and the public |
559 | regarding a sexual predator must include: |
560 | 1. The name, nicknames, aliases, and pseudonyms of the |
561 | sexual predator; |
562 | 2. A description of the sexual predator, including a |
563 | photograph; |
564 | 3. The sexual predator's current permanent, temporary, and |
565 | transient addresses and descriptions of registered locations |
566 | that have no specific street address, including the name of the |
567 | county or municipality if known; |
568 | 4. The circumstances of the sexual predator's offense or |
569 | offenses; and |
570 | 5. Whether the victim of the sexual predator's offense or |
571 | offenses was, at the time of the offense, a minor or an adult. |
572 | 6. The sexual predator's employment address or, if the |
573 | sexual predator has no fixed employment address, information |
574 | regarding his or her probable location during the course of |
575 | employment, including normal routes or general areas, with |
576 | whatever definiteness is possible, and, if applicable, |
577 | information regarding places where the sexual predator |
578 | volunteers or carries out a trade or business. |
579 | 7. The sexual predator's institution of higher education |
580 | or secondary educational institution address. |
581 | 8. The license tag number and description of each vehicle |
582 | owned or operated by the sexual predator. |
583 |
|
584 | This paragraph does not authorize the release of the name of any |
585 | victim of the sexual predator. |
586 | (8) VERIFICATION.--The department and the Department of |
587 | Corrections shall implement a system for verifying the addresses |
588 | of sexual predators. The system must be consistent with the |
589 | provisions of the federal Adam Walsh Child Protection and Safety |
590 | Act of 2006 and any other federal standards applicable to such |
591 | verification or required to be met as a condition for the |
592 | receipt of federal funds by the state. The Department of |
593 | Corrections shall verify the addresses of sexual predators who |
594 | are not incarcerated but who reside in the community under the |
595 | supervision of the Department of Corrections and shall report to |
596 | the department any failure by a sexual predator to comply with |
597 | registration requirements. County and local law enforcement |
598 | agencies, in conjunction with the department, shall verify the |
599 | addresses of sexual predators who are not under the care, |
600 | custody, control, or supervision of the Department of |
601 | Corrections. Local law enforcement agencies shall report to the |
602 | department any failure by a sexual predator to comply with |
603 | registration requirements. |
604 | (a) A sexual predator must report in person each year |
605 | during the month of the sexual predator's birthday and during |
606 | every third month thereafter to the sheriff's office in the |
607 | county in which he or she resides or is otherwise located to |
608 | reregister. The sheriff's office may determine the appropriate |
609 | times and days for reporting by the sexual predator, which shall |
610 | be consistent with the reporting requirements of this paragraph. |
611 | Reregistration shall include any changes to the following |
612 | information: |
613 | 1. Name, nicknames, and pseudonyms; social security |
614 | number, including any alias or false social security numbers |
615 | ever used; age; race; sex; date of birth, including any alias or |
616 | false date of birth ever used; height; weight; hair and eye |
617 | color; physical description, including scars, marks, and |
618 | tattoos; address of any permanent residence and address of any |
619 | current temporary residence, within the state or out of state, |
620 | including a rural route address and a post office box; if no |
621 | permanent or temporary address, any transient residence within |
622 | the state; address or location, description, and dates of any |
623 | current or known future temporary residence both within the |
624 | state and out of state; any electronic mail address and any |
625 | instant message name required to be provided pursuant to |
626 | subparagraph (6)(g)4.; all phone numbers, including fixed |
627 | location and cellular phone numbers and any other designations |
628 | used for purposes of routing or self-identification in |
629 | telephonic communications; date and place of any current or |
630 | known future employment; volunteer work, trade, or business, |
631 | including employer address or location if no specific address is |
632 | available; all professional licenses held by the sexual predator |
633 | that authorize him or her to engage in an occupation or carry |
634 | out a trade or business; all driver's license and identification |
635 | card numbers and identifiers; all travel and immigration |
636 | documents, including passport and visa, and identifying |
637 | information from such documents, including, but not limited to, |
638 | unique identifiers and pertinent issuance and expiration dates, |
639 | location of issuance, destinations, and immigration status; any |
640 | owned or operated vehicle, vessel, aircraft, or land vehicle |
641 | make, model, color, and license tag number, and information, |
642 | description, including trade or business names or information |
643 | thereon, registration and other identifier information, and |
644 | information regarding the place or places where such vehicle, |
645 | vessel, aircraft, or land vehicle is habitually parked, docked |
646 | or, otherwise kept if the location is different than the |
647 | registrant's address; fingerprints; biometric identification |
648 | information; and photograph. A post office box shall not be |
649 | provided in lieu of a physical residential address. On or after |
650 | December 31, 2008, and by July 1, 2009, unless previously |
651 | submitted as part of registration or reregistration as required |
652 | under this subsection, sexual predators shall submit palm prints |
653 | during the month of their reregistration as required under this |
654 | subsection. The sheriff shall promptly provide to the department |
655 | the palm prints in an electronic format. The department is |
656 | authorized to provide the palm prints to the Federal Bureau of |
657 | Investigation and to other criminal justice agencies. |
658 | 2. If the sexual predator is or will be enrolled, |
659 | employed, or carrying on a vocation at an institution of higher |
660 | education or secondary educational institution in this state, |
661 | the sexual predator shall also provide to the department the |
662 | name, address, and county of each institution, including each |
663 | campus attended, and the sexual predator's enrollment or |
664 | employment status. |
665 | 3. If the sexual predator's place of residence is a motor |
666 | vehicle, trailer, mobile home, or manufactured home, as defined |
667 | in chapter 320, the sexual predator shall also provide the |
668 | vehicle identification number; the license tag number; the |
669 | registration number; and a description, including color scheme, |
670 | of the motor vehicle, trailer, mobile home, or manufactured |
671 | home. If the sexual predator's place of residence is a vessel, |
672 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
673 | sexual predator shall also provide the hull identification |
674 | number; the manufacturer's serial number; the name of the |
675 | vessel, live-aboard vessel, or houseboat; the registration |
676 | number; and a description, including color scheme, of the |
677 | vessel, live-aboard vessel, or houseboat. |
678 | (10) PENALTIES.-- |
679 | (a) Except as otherwise specifically provided, a sexual |
680 | predator who fails to register; who fails, after registration, |
681 | to maintain, acquire, or renew a driver's license or |
682 | identification card; who fails to provide required location |
683 | information, electronic mail address information, instant |
684 | message name information, or change-of-name information; who |
685 | fails to make a required report in connection with vacating a |
686 | permanent residence; who fails to reregister as required; who |
687 | fails to respond to any address verification correspondence from |
688 | the department within 3 weeks of the date of the correspondence; |
689 | who knowingly provides false information; or who otherwise |
690 | fails, by act or omission, to comply with the requirements of |
691 | this section, commits a felony of the third degree, punishable |
692 | as provided in s. 775.082, s. 775.083, or s. 775.084. |
693 | (b) A sexual predator who has been convicted of or found |
694 | to have committed, or has pled nolo contendere or guilty to, |
695 | regardless of adjudication, any violation, or attempted |
696 | violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where |
697 | the victim is a minor and the defendant is not the victim's |
698 | parent or guardian; s. 794.011, excluding s. 794.011(10); s. |
699 | 794.05; s. 796.03; s. 796.035; s. 800.04; felony violation of s. |
700 | 810.145, where the victim is a minor; s. 827.071; s. 847.0133; |
701 | s. 847.0145; or s. 985.701(1); or any conviction for a similar |
702 | offense committed in this state which has been redesignated from |
703 | a former statute number to one of those listed in this |
704 | paragraph; or a violation of a similar law of another |
705 | jurisdiction when the victim of the offense was a minor, and who |
706 | works, whether for compensation or as a volunteer, at any |
707 | business, school, day care center, park, playground, or other |
708 | place where children regularly congregate, commits a felony of |
709 | the third degree, punishable as provided in s. 775.082, s. |
710 | 775.083, or s. 775.084. |
711 | (c) Any person who misuses public records information |
712 | relating to a sexual predator, as defined in this section, or a |
713 | sexual offender, as defined in s. 943.0435, or s. 944.607, or s. |
714 | 985.4815, to secure a payment from such a predator or offender; |
715 | who knowingly distributes or publishes false information |
716 | relating to such a predator or offender which the person |
717 | misrepresents as being public records information; or who |
718 | materially alters public records information with the intent to |
719 | misrepresent the information, including documents, summaries of |
720 | public records information provided by law enforcement agencies, |
721 | or public records information displayed by law enforcement |
722 | agencies on websites or provided through other means of |
723 | communication, commits a misdemeanor of the first degree, |
724 | punishable as provided in s. 775.082 or s. 775.083. |
725 | Section 3. Section 775.25, Florida Statutes, is amended to |
726 | read: |
727 | 775.25 Prosecutions for acts or omissions.--A sexual |
728 | predator or sexual offender who commits any act or omission in |
729 | violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s. |
730 | 944.607, or s. 947.177, s. 985.481, or s. 985.4815 may be |
731 | prosecuted for the act or omission in the county in which the |
732 | act or omission was committed, the county of the last registered |
733 | address of the sexual predator or sexual offender, or the county |
734 | in which the conviction occurred for the offense or offenses |
735 | that meet the criteria for designating a person as a sexual |
736 | predator or sexual offender. In addition, a sexual predator may |
737 | be prosecuted for any such act or omission in the county in |
738 | which he or she was designated a sexual predator. |
739 | Section 4. Paragraphs (a) and (c) of subsection (1), |
740 | subsections (2) and (3), paragraphs (a), (b), and (c) of |
741 | subsection (4), subsections (7), (8), and (10), paragraph (a) of |
742 | subsection (11), and paragraphs (b) and (c) of subsection (14) |
743 | of section 943.0435, Florida Statutes, are amended, and |
744 | paragraph (h) is added to subsection (1) of that section, to |
745 | read: |
746 | 943.0435 Sexual offenders required to register with the |
747 | department; penalty.-- |
748 | (1) As used in this section, the term: |
749 | (a)1. "Sexual offender" means a person who meets the |
750 | criteria in sub-subparagraph a., sub-subparagraph b., sub- |
751 | subparagraph c., or sub-subparagraph d., or sub-subparagraph e., |
752 | as follows: |
753 | a.(I) Has been convicted of committing, or attempting, |
754 | soliciting, or conspiring to commit, any of the criminal |
755 | offenses proscribed in the following statutes in this state or |
756 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
757 | or s. 787.025(2)(c), where the victim is a minor and the |
758 | defendant is not the victim's parent or guardian; s. 794.011, |
759 | excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. |
760 | 800.04; felony violation of s. 810.145, where the victim is a |
761 | minor; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, |
762 | excluding s. 847.0135(5)(4); s. 847.0137; s. 847.0138; s. |
763 | 847.0145; or s. 985.701(1); or any conviction for a similar |
764 | offense committed in this state which has been redesignated from |
765 | a former statute number to one of those listed in this sub-sub- |
766 | subparagraph; and |
767 | (II) Except as provided in sub-subparagraph e., has been |
768 | released on or after October 1, 1997, from the sanction imposed |
769 | for any conviction of an offense described in sub-sub- |
770 | subparagraph (I). For purposes of sub-sub-subparagraph (I), a |
771 | sanction imposed in this state or in any other jurisdiction |
772 | includes, but is not limited to, a fine, probation, community |
773 | control, parole, conditional release, control release, or |
774 | incarceration in a state prison, federal prison, private |
775 | correctional facility, or local detention facility; |
776 | b. Establishes or maintains a residence in this state and |
777 | who has not been designated as a sexual predator by a court of |
778 | this state but who has been designated as a sexual predator, as |
779 | a sexually violent predator, or by another sexual offender |
780 | designation in another state or jurisdiction and was, as a |
781 | result of such designation, subjected to registration or |
782 | community or public notification, or both, or would be if the |
783 | person were a resident of that state or jurisdiction, without |
784 | regard to whether the person otherwise meets the criteria for |
785 | registration as a sexual offender; |
786 | c. Establishes or maintains a residence in this state who |
787 | is in the custody or control of, or under the supervision of, |
788 | any other state or jurisdiction as a result of a conviction for |
789 | committing, or attempting, soliciting, or conspiring to commit, |
790 | any of the criminal offenses proscribed in the following |
791 | statutes or similar offense in another jurisdiction: s. 787.01, |
792 | s. 787.02, or s. 787.025(2)(c), where the victim is a minor and |
793 | the defendant is not the victim's parent or guardian; s. |
794 | 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
795 | 796.035; s. 800.04; felony violation of s. 810.145, where the |
796 | victim is a minor; s. 825.1025; s. 827.071; s. 847.0133; s. |
797 | 847.0135, excluding s. 847.0135(5)(4); s. 847.0137; s. 847.0138; |
798 | s. 847.0145; or s. 985.701(1); or any conviction for a similar |
799 | offense committed in this state which has been redesignated from |
800 | a former statute number to one of those listed in this sub- |
801 | subparagraph; or |
802 | d. For an offense committed on or after July 1, 2007, has |
803 | been adjudicated delinquent for committing, or attempting, |
804 | soliciting, or conspiring to commit, any of the criminal |
805 | offenses proscribed in the following statutes in this state or |
806 | similar offenses in another jurisdiction when the juvenile was |
807 | 14 years of age or older at the time of the offense: |
808 | (I) Section 794.011, excluding s. 794.011(10); |
809 | (II) Section 800.04(4)(b) where the victim is under 12 |
810 | years of age or where the court finds sexual activity by the use |
811 | of force or by threatening or placing the victim in fear that a |
812 | person would be subjected to death, serious bodily injury, or |
813 | kidnapping coercion; |
814 | (III) Section 800.04(5)(c)1. where the court finds |
815 | molestation involving unclothed genitals; or |
816 | (IV) Section 800.04(5)(d) where the court finds the use of |
817 | force, or threat or placement of the victim in fear that a |
818 | person would be subjected to death, serious bodily injury, or |
819 | kidnapping, coercion and unclothed genitals or genital area. |
820 | e. Is released on or after July 1, 2008, from any sanction |
821 | as a result of a conviction for a felony offense in this state |
822 | and who has previously been convicted in any state or |
823 | jurisdiction for committing, or attempting, soliciting, or |
824 | conspiring to commit, any of the criminal offenses proscribed in |
825 | the following statutes or similar offense in another |
826 | jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where |
827 | the victim is a minor and the defendant is not the victim's |
828 | parent or guardian; s. 794.011, excluding s. 794.011(10); s. |
829 | 794.05; s. 796.03; s. 796.035; s. 800.04; s. 810.145, where the |
830 | victim is a minor; s. 825.1025; s. 827.071; s. 847.0133; s. |
831 | 847.0135, excluding s. 847.0135(5); s. 847.0137; s. 847.0138; s. |
832 | 847.0145; or s. 985.701(1); or any conviction for a similar |
833 | offense committed in this state which has been redesignated from |
834 | a former statute number to one of those listed in this sub- |
835 | subparagraph. This sub-subparagraph does not include persons who |
836 | have been released from sanctions for the previous sexual |
837 | offense for 25 or more years provided that there is no more than |
838 | one prior sexual offense conviction and provided that the sexual |
839 | offense was not a violation of any of the following: |
840 | (I) Section 787.01 or s. 787.02 where the victim is a |
841 | minor and the offender is not the victim's parent or guardian; |
842 | (II) Section 794.011, excluding s. 794.011(8)(a) and (10); |
843 | (III) Section 800.04(4)(b) where the court finds the |
844 | offense involved a victim under 12 years of age or sexual |
845 | activity by the use of force; |
846 | (IV) Section 800.04(5)(b); |
847 | (V) Section 800.04(5)(c)1. where the court finds |
848 | molestation involving unclothed genitals or genital area; |
849 | (VI) Section 800.04(5)(c)2. where the court finds |
850 | molestation involving unclothed genitals or genital area; |
851 | (VII) Section 800.04(5)(d) where the court finds the use |
852 | of force, or threat or placement of the victim in fear that a |
853 | person would be subjected to death, serious bodily injury, or |
854 | kidnapping, and unclothed genitals or genital area; |
855 | (VIII) Any attempt or conspiracy to commit such offense; |
856 | (IX) A violation of a similar law of another jurisdiction; |
857 | or |
858 | (X) Any similar offense committed in this state which has |
859 | been redesignated from a former statute number to one of those |
860 | listed in this sub-subparagraph. |
861 | 2. For all qualifying offenses listed in sub-subparagraph |
862 | (1)(a)1.d., the court shall make a written finding of the age of |
863 | the offender at the time of the offense. |
864 |
|
865 | For each violation of a qualifying offense listed in this |
866 | subsection, the court shall make a written finding of the age of |
867 | the victim at the time of the offense. For a violation of s. |
868 | 800.04(4), the court shall additionally make a written finding |
869 | indicating that the offense did or did not involve sexual |
870 | activity and indicating that the offense did or did not involve |
871 | force or threat or placement of the victim in fear that a person |
872 | would be subjected to death, serious bodily injury, or |
873 | kidnapping coercion. For a violation of s. 800.04(5), the court |
874 | shall additionally make a written finding that the offense did |
875 | or did not involve unclothed genitals or genital area and that |
876 | the offense did or did not involve the use of force or threat or |
877 | placement of the victim in fear that a person would be subjected |
878 | to death, serious bodily injury, or kidnapping coercion. |
879 | (c) "Permanent residence," and "temporary residence," and |
880 | "transient residence" have the same meaning ascribed in s. |
881 | 775.21. |
882 | (h) "Secondary educational institution" means any trade, |
883 | professional, or secondary school, whether public, private, |
884 | religious, denominational, parochial, or nonparochial, attended |
885 | for any purpose, including, but not limited to, secular, |
886 | religious, or cultural studies. |
887 | (2) A sexual offender shall: |
888 | (a) Report in person at the sheriff's office: |
889 | 1. In the county in which the offender establishes or |
890 | maintains a permanent, or temporary, or transient residence |
891 | within 48 hours after: |
892 | a. Establishing permanent or temporary residence in this |
893 | state; or |
894 | b. Being released from the custody, control, or |
895 | supervision of the Department of Corrections or from the custody |
896 | of a private correctional facility; or |
897 | 2. In the county where he or she was convicted within 48 |
898 | hours after being convicted for a qualifying offense for |
899 | registration under this section if the offender is not in the |
900 | custody or control of, or under the supervision of, the |
901 | Department of Corrections, or is not in the custody of a private |
902 | correctional facility. |
903 |
|
904 | Any change in the information required to be provided pursuant |
905 | to paragraph (b), including, but not limited to, change in the |
906 | sexual offender's permanent, or temporary, or transient |
907 | residence, name, any electronic mail address, and any instant |
908 | message name required to be provided pursuant to paragraph |
909 | (4)(d), after the sexual offender reports in person at the |
910 | sheriff's office, shall be accomplished in the manner provided |
911 | in subsections (4), (7), and (8). |
912 | (b) Provide his or her name, nicknames, and pseudonyms; |
913 | date of birth, including any alias or false date of birth ever |
914 | used; social security number, including any alias or false |
915 | social security numbers ever used; race;, sex;, height;, |
916 | weight;, hair and eye color;, physical description, including |
917 | scars, tattoos, or other identifying marks;, occupation and |
918 | place of employment;, address of permanent or legal residence or |
919 | address of any current temporary residence, within the state and |
920 | out of state, including a rural route address and a post office |
921 | box;, if no permanent or temporary address, any transient |
922 | residence within the state; address or location, description, |
923 | and dates of any current or known future temporary residence |
924 | within the state or out of state; all phone numbers, including |
925 | fixed location and cellular phone numbers and any other |
926 | designations used for purposes of routing or self-identification |
927 | in telephonic communications; any electronic mail address and |
928 | any instant message name required to be provided pursuant to |
929 | paragraph (4)(d);, date and place of any current or known future |
930 | employment, volunteer work, trade, or business, including |
931 | employer address or location if no specific address is |
932 | available; all professional licenses that authorize the sexual |
933 | offender to engage in an occupation or carry out a trade or |
934 | business; all driver's license and identification card numbers |
935 | and identifiers; all travel and immigration documents, including |
936 | passport and visa, and identifying information from such |
937 | documents, including, but not limited to, unique identifiers and |
938 | pertinent issuance and expiration dates, location of issuance, |
939 | destinations, and immigration status; date and place of each |
940 | conviction;, and a brief description of the crime or crimes |
941 | committed by the offender. A post office box shall not be |
942 | provided in lieu of a physical residential address. |
943 | 1. If the sexual offender's place of residence is a motor |
944 | vehicle, trailer, mobile home, or manufactured home, as defined |
945 | in chapter 320, the sexual offender shall also provide to the |
946 | department through the sheriff's office written notice of the |
947 | vehicle identification number; the license tag number; the |
948 | registration number; and a description, including color scheme, |
949 | of the motor vehicle, trailer, mobile home, or manufactured |
950 | home. If the sexual offender's place of residence is a vessel, |
951 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
952 | sexual offender shall also provide to the department written |
953 | notice of the hull identification number; the manufacturer's |
954 | serial number; the name of the vessel, live-aboard vessel, or |
955 | houseboat; the registration number; and a description, including |
956 | color scheme, of the vessel, live-aboard vessel, or houseboat. |
957 | 2. If the sexual offender is or will be enrolled, |
958 | employed, or carrying on a vocation at an institution of higher |
959 | education or secondary educational institution in this state, |
960 | the sexual offender shall also provide to the department through |
961 | the sheriff's office the name, address, and county of each |
962 | institution, including each campus attended, and the sexual |
963 | offender's enrollment or employment status. Each change in |
964 | enrollment or employment status shall be reported in person at |
965 | the sheriff's office, within 48 hours after any change in |
966 | status. The sheriff shall promptly notify each institution of |
967 | the sexual offender's presence and any change in the sexual |
968 | offender's enrollment or employment status. |
969 | 3. If the sexual offender is employed, volunteers, or |
970 | carries out any trade or business, the sexual offender shall |
971 | register the employment address or location if no specific |
972 | address is available. In the case where the sexual offender's |
973 | employment lacks a fixed employment address or location, the |
974 | sexual offender shall register information regarding the sexual |
975 | offender's probable location during the course of the |
976 | employment, including normal routes or general areas, with |
977 | whatever definiteness is possible. Each change in the |
978 | registration information required in this subparagraph shall be |
979 | reported in person at the sheriff's office within 48 hours after |
980 | any change in status. The sheriff shall promptly notify the |
981 | department of this change of the sexual offender's registration |
982 | information. |
983 | 4. If the sexual offender owns or operates any vehicle, |
984 | vessel, aircraft, or other land vehicle for personal use or in |
985 | the course of any employment, the sexual offender shall register |
986 | information regarding such vehicle, vessel, aircraft, or land |
987 | vehicle, including license tag number and information, |
988 | description, including trade or business names or information |
989 | thereon, registration or other identifiers, and information |
990 | regarding the place or places where such vehicle, vessel, |
991 | aircraft, or other land vehicle is habitually parked, docked, or |
992 | otherwise kept if the location is different than the |
993 | registrant's address. Each change in the registration |
994 | information required in this subparagraph shall be reported in |
995 | person at the sheriff's office within 48 hours after any change |
996 | in status. The sheriff shall promptly notify the department of |
997 | this change of the sexual offender's registration information. |
998 |
|
999 | When a sexual offender reports at the sheriff's office, the |
1000 | sheriff shall take a photograph and a set of biometric |
1001 | identification information, including fingerprints and palm |
1002 | prints, fingerprints of the offender and forward the photographs |
1003 | and biometric identification information fingerprints to the |
1004 | department, along with the information provided by the sexual |
1005 | offender. The sheriff shall promptly provide to the department |
1006 | the information received from the sexual offender. A sexual |
1007 | offender who meets the criteria for registration as defined in |
1008 | this section and is convicted of a qualifying offense on or |
1009 | after December 31, 2008, must submit a set of palm prints during |
1010 | registration. The sheriff shall promptly provide to the |
1011 | department the palm prints in an electronic format. The |
1012 | department is authorized to provide the palm prints to the |
1013 | Federal Bureau of Investigations and other criminal justice |
1014 | agencies. |
1015 | (3) Within 48 hours after the report required under |
1016 | subsection (2), a sexual offender shall report in person at a |
1017 | driver's license office of the Department of Highway Safety and |
1018 | Motor Vehicles, unless a driver's license or identification card |
1019 | that complies with the requirements of s. 322.141(3) was |
1020 | previously secured or updated under s. 944.607 or s. 985.4815. |
1021 | At the driver's license office the sexual offender shall: |
1022 | (a) If otherwise qualified, secure a Florida driver's |
1023 | license, renew a Florida driver's license, or secure an |
1024 | identification card. The sexual offender shall identify himself |
1025 | or herself as a sexual offender who is required to comply with |
1026 | this section and shall provide proof that the sexual offender |
1027 | reported as required in subsection (2). The sexual offender |
1028 | shall provide any of the information specified in subsection |
1029 | (2), if requested. The sexual offender shall submit to the |
1030 | taking of a photograph for use in issuing a driver's license, |
1031 | renewed license, or identification card, and for use by the |
1032 | department in maintaining current records of sexual offenders. |
1033 | (b) Pay the costs assessed by the Department of Highway |
1034 | Safety and Motor Vehicles for issuing or renewing a driver's |
1035 | license or identification card as required by this section. The |
1036 | driver's license or identification card issued must be in |
1037 | compliance with s. 322.141(3). |
1038 | (c) Provide, upon request, any additional information |
1039 | necessary to confirm the identity of the sexual offender, |
1040 | including a set of fingerprints. |
1041 | (4)(a) Each time a sexual offender's driver's license or |
1042 | identification card is subject to renewal, and, without regard |
1043 | to the status of the offender's driver's license or |
1044 | identification card, within 48 hours after any change in the |
1045 | offender's permanent, or temporary, or transient residence or |
1046 | change in the offender's name by reason of marriage or other |
1047 | legal process, the offender shall report in person to a driver's |
1048 | license office, and shall be subject to the requirements |
1049 | specified in subsection (3). The Department of Highway Safety |
1050 | and Motor Vehicles shall forward to the department all |
1051 | photographs and information provided by sexual offenders. |
1052 | Notwithstanding the restrictions set forth in s. 322.142, the |
1053 | Department of Highway Safety and Motor Vehicles is authorized to |
1054 | release a reproduction of a color-photograph or digital-image |
1055 | license to the Department of Law Enforcement for purposes of |
1056 | public notification of sexual offenders as provided in this |
1057 | section and ss. 943.043 and 944.606. |
1058 | (b) A sexual offender who vacates a permanent residence |
1059 | and fails to establish or maintain another permanent or |
1060 | temporary residence shall, within 48 hours after vacating the |
1061 | permanent residence, report in person to the sheriff's office of |
1062 | the county in which he or she is located. The sexual offender |
1063 | shall specify the date upon which he or she intends to or did |
1064 | vacate such residence. The sexual offender must provide or |
1065 | update all of the registration information required under |
1066 | paragraph (2)(b). The sexual offender must provide an address |
1067 | for the residence or other place location that he or she is or |
1068 | will be located occupying during the time in which he or she |
1069 | fails to establish or maintain a permanent or temporary |
1070 | residence. |
1071 | (c) A sexual offender who remains at a permanent or |
1072 | temporary residence after reporting his or her intent to vacate |
1073 | such residence shall, within 48 hours after the date upon which |
1074 | the offender indicated he or she would or did vacate such |
1075 | residence, report in person to the agency to which he or she |
1076 | reported pursuant to paragraph (b) for the purpose of reporting |
1077 | his or her address at such residence. When the sheriff receives |
1078 | the report, the sheriff shall promptly convey the information to |
1079 | the department. An offender who makes a report as required under |
1080 | paragraph (b) but fails to make a report as required under this |
1081 | paragraph commits a felony of the second degree, punishable as |
1082 | provided in s. 775.082, s. 775.083, or s. 775.084. |
1083 | (7) A sexual offender who intends to establish temporary, |
1084 | permanent, or transient residence in another state or |
1085 | jurisdiction other than the State of Florida shall report in |
1086 | person to the sheriff of the county of current residence within |
1087 | 48 hours before the date he or she intends to leave this state |
1088 | to establish residence in another state or jurisdiction. The |
1089 | notification must include the address, municipality, county, and |
1090 | state of intended residence. The sheriff shall promptly provide |
1091 | to the department the information received from the sexual |
1092 | offender. The department shall notify the statewide law |
1093 | enforcement agency, or a comparable agency, in the intended |
1094 | state or jurisdiction of residence of the sexual offender's |
1095 | intended residence. The failure of a sexual offender to provide |
1096 | his or her intended place of residence is punishable as provided |
1097 | in subsection (9). |
1098 | (8) A sexual offender who indicates his or her intent to |
1099 | reside or establish a temporary or transient residence in |
1100 | another state or jurisdiction other than the State of Florida |
1101 | and later decides to remain in this state shall, within 48 hours |
1102 | after the date upon which the sexual offender indicated he or |
1103 | she would leave this state, report in person to the sheriff to |
1104 | which the sexual offender reported the intended change of |
1105 | temporary, permanent, or transient residence, and report his or |
1106 | her intent to remain in this state. The sheriff shall promptly |
1107 | report this information to the department. A sexual offender who |
1108 | reports his or her intent to reside or establish a temporary or |
1109 | transient residence in another state or jurisdiction but who |
1110 | remains in this state without reporting to the sheriff in the |
1111 | manner required by this subsection commits a felony of the |
1112 | second degree, punishable as provided in s. 775.082, s. 775.083, |
1113 | or s. 775.084. |
1114 | (10) The department, the Department of Highway Safety and |
1115 | Motor Vehicles, the Department of Corrections, the Department of |
1116 | Juvenile Justice, any law enforcement agency in this state, and |
1117 | the personnel of those departments; an elected or appointed |
1118 | official, public employee, or school administrator; or an |
1119 | employee, agency, or any individual or entity acting at the |
1120 | request or upon the direction of any law enforcement agency is |
1121 | immune from civil liability for damages for good faith |
1122 | compliance with the requirements of this section or for the |
1123 | release of information under this section, and shall be presumed |
1124 | to have acted in good faith in compiling, recording, reporting, |
1125 | or releasing the information. The presumption of good faith is |
1126 | not overcome if a technical or clerical error is made by the |
1127 | department, the Department of Highway Safety and Motor Vehicles, |
1128 | the Department of Corrections, the Department of Juvenile |
1129 | Justice, the personnel of those departments, or any individual |
1130 | or entity acting at the request or upon the direction of any of |
1131 | those departments in compiling or providing information, or if |
1132 | information is incomplete or incorrect because a sexual offender |
1133 | fails to report or falsely reports his or her current place of |
1134 | permanent, or temporary, or transient residence. |
1135 | (11) Except as provided in s. 943.04354, a sexual offender |
1136 | must maintain registration with the department for the duration |
1137 | of his or her life, unless the sexual offender has received a |
1138 | full pardon or has had a conviction set aside in a |
1139 | postconviction proceeding for any offense that meets the |
1140 | criteria for classifying the person as a sexual offender for |
1141 | purposes of registration. However, a sexual offender: |
1142 | (a)1. Who has been lawfully released from confinement, |
1143 | supervision, or sanction, whichever is later, for at least 25 |
1144 | years and has not been arrested for any felony or misdemeanor |
1145 | offense since release, provided that the sexual offender's |
1146 | requirement to register was not based upon an adult conviction: |
1147 | a. For a violation of s. 787.01 or s. 787.02; |
1148 | b. For a violation of s. 794.011, excluding s. |
1149 | 794.011(8)(a) and (10); |
1150 | c. For a violation of s. 800.04(4)(b) where the court |
1151 | finds the offense involved a victim under 12 years of age or |
1152 | sexual activity by the use of force or by threatening or placing |
1153 | the victim in fear that a person would be subjected to death, |
1154 | serious bodily injury, or kidnapping coercion; |
1155 | d. For a violation of s. 800.04(5)(b); |
1156 | e. For a violation of s. 800.04(5)(c)c.2. where the court |
1157 | finds the offense involved unclothed genitals or genital area; |
1158 | f. For any attempt or conspiracy to commit any such |
1159 | offense; or |
1160 | g. For a violation of similar law of another jurisdiction; |
1161 | or |
1162 | h. For any conviction for a similar offense committed in |
1163 | this state which has been redesignated from a former statute |
1164 | number to one of those listed in this subparagraph, |
1165 |
|
1166 | may petition the criminal division of the circuit court of the |
1167 | circuit in which the sexual offender resides for the purpose of |
1168 | removing the requirement for registration as a sexual offender. |
1169 | 2. The court may grant or deny relief if the offender |
1170 | demonstrates to the court that he or she has not been arrested |
1171 | for any crime since release; the requested relief complies with |
1172 | the provisions of the federal Adam Walsh Child Protection and |
1173 | Safety Act of 2006 and any other federal standards applicable to |
1174 | the removal of registration requirements for a sexual offender |
1175 | or required to be met as a condition for the receipt of federal |
1176 | funds by the state; and the court is otherwise satisfied that |
1177 | the offender is not a current or potential threat to public |
1178 | safety. The state attorney in the circuit in which the petition |
1179 | is filed must be given notice of the petition at least 3 weeks |
1180 | before the hearing on the matter. The state attorney may present |
1181 | evidence in opposition to the requested relief or may otherwise |
1182 | demonstrate the reasons why the petition should be denied. If |
1183 | the court denies the petition, the court may set a future date |
1184 | at which the sexual offender may again petition the court for |
1185 | relief, subject to the standards for relief provided in this |
1186 | subsection. |
1187 | 3. The department shall remove an offender from |
1188 | classification as a sexual offender for purposes of registration |
1189 | if the offender provides to the department a certified copy of |
1190 | the court's written findings or order that indicates that the |
1191 | offender is no longer required to comply with the requirements |
1192 | for registration as a sexual offender. |
1193 | (14) |
1194 | (b) However, a sexual offender who is required to register |
1195 | as a result of a conviction for: |
1196 | 1. Section 787.01 or s. 787.02 where the victim is a minor |
1197 | and the offender is not the victim's parent or guardian; |
1198 | 2. Section 794.011, excluding s. 794.011(8)(a) and (10); |
1199 | 3. Section 800.04(4)(b) where the court finds the offense |
1200 | involved a victim under 12 years of age or sexual activity by |
1201 | the use of force or by threatening or placing the victim in fear |
1202 | that a person would be subjected to death, serious bodily |
1203 | injury, or kidnapping coercion; |
1204 | 4. Section 800.04(5)(b); |
1205 | 5. Section 800.04(5)(c)1. where the court finds |
1206 | molestation involving unclothed genitals or genital area; |
1207 | 6. Section 800.04(5)(c)c.2. where the court finds |
1208 | molestation involving unclothed genitals or genital area; |
1209 | 7. Section 800.04(5)(d) where the court finds the use of |
1210 | force, or threat or placement of the victim in fear that a |
1211 | person would be subjected to death, serious bodily injury, or |
1212 | kidnapping, coercion and unclothed genitals or genital area; |
1213 | 8. Any attempt or conspiracy to commit such offense; or |
1214 | 9. A violation of a similar law of another jurisdiction; |
1215 | or |
1216 | 10. Any conviction for a similar offense committed in this |
1217 | state which has been redesignated from a former statute number |
1218 | to one of those listed in this paragraph, |
1219 |
|
1220 | must reregister each year during the month of the sexual |
1221 | offender's birthday and every third month thereafter. |
1222 | (c) The sheriff's office may determine the appropriate |
1223 | times and days for reporting by the sexual offender, which shall |
1224 | be consistent with the reporting requirements of this |
1225 | subsection. Reregistration shall include any changes to the |
1226 | following information: |
1227 | 1. Name, nicknames, and pseudonyms; social security |
1228 | number, including any alias or false social security numbers |
1229 | ever used; age; race; sex; date of birth, including any alias or |
1230 | false date of birth ever used; height; weight; hair and eye |
1231 | color; physical description, including scars, marks, and |
1232 | tattoos; address of any permanent residence and address of any |
1233 | current temporary residence, within the state or out of state, |
1234 | including a rural route address and a post office box; if no |
1235 | permanent or temporary address, any transient residence within |
1236 | the state; address or location, description, and dates of any |
1237 | current or known future temporary residence, both within the |
1238 | state and out of state; any electronic mail address and any |
1239 | instant message name required to be provided pursuant to |
1240 | paragraph (4)(d); all phone numbers, including fixed location |
1241 | and cellular phone numbers and any other designations used for |
1242 | purposes of routing or self-identification in telephonic |
1243 | communications; date and place of any current or known future |
1244 | employment; volunteer work, trade, or business, including |
1245 | employer address or location if no specific address is |
1246 | available; all professional licenses that authorize the sexual |
1247 | offender to engage in an occupation or carry out a trade or |
1248 | business; all driver's license and identification card numbers |
1249 | and identifiers; all travel and immigration documents, including |
1250 | passport and visa, and identifying information from such |
1251 | documents, including, but not limited to, unique identifiers and |
1252 | pertinent issuance and expiration dates, location of issuance, |
1253 | destinations, and immigration status; any owned or operated |
1254 | vehicle, vessel, aircraft, or other land vehicle make, model, |
1255 | color, and license tag number; and information, description, |
1256 | including trade or business names or information thereon, |
1257 | registration and other identifiers, and information regarding |
1258 | the place or places where such vehicle, vessel, aircraft, or |
1259 | other land vehicle is habitually parked, docked, or otherwise |
1260 | kept if the location is different than the registrant's address; |
1261 | biometric identification information, including fingerprints and |
1262 | palm prints fingerprints; and photograph. A post office box |
1263 | shall not be provided in lieu of a physical residential address. |
1264 | On or after December 31, 2008, and by July 1, 2009, unless |
1265 | previously submitted as part of registration or reregistration |
1266 | as required under this subsection, s. 944.607(13), or s. |
1267 | 985.4815, sexual offenders shall submit palm prints during the |
1268 | month of their reregistration as required under this subsection, |
1269 | s. 944.607(13), or s. 985.4815. The sheriff shall promptly |
1270 | provide to the department the palm prints in an electronic |
1271 | format. The department is authorized to provide the palm prints |
1272 | to the Federal Bureau of Investigation and to other criminal |
1273 | justice agencies. |
1274 | 2. If the sexual offender is or will be enrolled, |
1275 | employed, or carrying on a vocation at an institution of higher |
1276 | education or secondary educational institution in this state, |
1277 | the sexual offender shall also provide to the department the |
1278 | name, address, and county of each institution, including each |
1279 | campus attended, and the sexual offender's enrollment or |
1280 | employment status. |
1281 | 3. If the sexual offender's place of residence is a motor |
1282 | vehicle, trailer, mobile home, or manufactured home, as defined |
1283 | in chapter 320, the sexual offender shall also provide the |
1284 | vehicle identification number; the license tag number; the |
1285 | registration number; and a description, including color scheme, |
1286 | of the motor vehicle, trailer, mobile home, or manufactured |
1287 | home. If the sexual offender's place of residence is a vessel, |
1288 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
1289 | sexual offender shall also provide the hull identification |
1290 | number; the manufacturer's serial number; the name of the |
1291 | vessel, live-aboard vessel, or houseboat; the registration |
1292 | number; and a description, including color scheme, of the |
1293 | vessel, live-aboard vessel or houseboat. |
1294 | 4. Any sexual offender who fails to report in person as |
1295 | required at the sheriff's office, or who fails to respond to any |
1296 | address verification correspondence from the department within 3 |
1297 | weeks of the date of the correspondence, or who fails to report |
1298 | electronic mail addresses or instant message names, or who |
1299 | knowingly provides false information commits a felony of the |
1300 | third degree, punishable as provided in s. 775.082, s. 775.083, |
1301 | or s. 775.084. |
1302 | Section 5. Section 943.04355, Florida Statutes, is created |
1303 | to read: |
1304 | 943.04355 Sexual offender registration and community |
1305 | notification; tribal jurisdictions.--Pursuant to s. 285.16 and |
1306 | s. 127 of the federal Sex Offender Registration and Notification |
1307 | Act, 42 U.S.C. s. 16927, the department, in conjunction with |
1308 | local law enforcement, is authorized to assume sexual offender |
1309 | registration and community notification duties and functions as |
1310 | they relate to registrants under the jurisdiction of any Indian |
1311 | tribe that maintains a reservation or tribal property sited in |
1312 | the state. |
1313 | Section 6. Subsection (2) of section 943.0436, Florida |
1314 | Statutes, is amended to read: |
1315 | 943.0436 Duty of the court to uphold laws governing sexual |
1316 | predators and sexual offenders.-- |
1317 | (2) If a person meets the criteria in chapter 775 for |
1318 | designation as a sexual predator or meets the criteria in s. |
1319 | 943.0435, s. 944.606, s. 944.607, s. 985.481, s. 985.4815, or |
1320 | any other law for classification as a sexual offender, the court |
1321 | may not enter an order, for the purpose of approving a plea |
1322 | agreement or for any other reason, which: |
1323 | (a) Exempts a person who meets the criteria for |
1324 | designation as a sexual predator or classification as a sexual |
1325 | offender from such designation or classification, or exempts |
1326 | such person from the requirements for registration or community |
1327 | and public notification imposed upon sexual predators and sexual |
1328 | offenders; |
1329 | (b) Restricts the compiling, reporting, or release of |
1330 | public records information that relates to sexual predators or |
1331 | sexual offenders; or |
1332 | (c) Prevents any person or entity from performing its |
1333 | duties or operating within its statutorily conferred authority |
1334 | as such duty or authority relates to sexual predators or sexual |
1335 | offenders. |
1336 | Section 7. Paragraph (b) of subsection (1) and paragraph |
1337 | (a) of subsection (3) of section 944.606, Florida Statutes, are |
1338 | amended, and paragraph (e) is added to subsection (1) of that |
1339 | section, to read: |
1340 | 944.606 Sexual offenders; notification upon release.-- |
1341 | (1) As used in this section: |
1342 | (b) "Sexual offender" means a person who: |
1343 | 1. Has been convicted of committing, or attempting, |
1344 | soliciting, or conspiring to commit, any of the criminal |
1345 | offenses proscribed in the following statutes in this state or |
1346 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
1347 | or s. 787.025(2)(c), where the victim is a minor and the |
1348 | defendant is not the victim's parent or guardian; s. 794.011, |
1349 | excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. |
1350 | 800.04; felony violation of s. 810.145, where the victim is a |
1351 | minor; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, |
1352 | excluding s. 847.0135(5)(4); s. 847.0137; s. 847.0138; s. |
1353 | 847.0145; or s. 985.701(1); or any conviction for a similar |
1354 | offense committed in this state which has been redesignated from |
1355 | a former statute number to one of those listed in this |
1356 | subparagraph subsection, when the department has received |
1357 | verified information regarding such conviction; an offender's |
1358 | computerized criminal history record is not, in and of itself, |
1359 | verified information. |
1360 | 2. Who as of July 1, 2008, is currently incarcerated or |
1361 | serving any sanction as a result of a conviction for a criminal |
1362 | offense in this state and who has previously been convicted in |
1363 | any state or jurisdiction for committing, or attempting, |
1364 | soliciting, or conspiring to commit, any of the criminal |
1365 | offenses proscribed in the following statutes or similar offense |
1366 | in another jurisdiction: s. 787.01, s. 787.02, or s. |
1367 | 787.025(2)(c), where the victim is a minor and the defendant is |
1368 | not the victim's parent or guardian; s. 794.011, excluding s. |
1369 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; felony |
1370 | violation of s. 810.145, where the victim is a minor; s. |
1371 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. |
1372 | 847.0135(5); s. 847.0137; s. 847.0138; s. 847.0145; or s. |
1373 | 985.701(1); or any conviction for a similar offense committed in |
1374 | this state which has been redesignated from a former statute |
1375 | number to one of those listed in this subparagraph. This |
1376 | subparagraph does not include persons who have been released |
1377 | from sanctions for the previous sexual offense for 25 or more |
1378 | years provided that there is no more than one prior sexual |
1379 | offense conviction and provided that the sexual offense was not |
1380 | any of the following: |
1381 | a. Section 787.01 or s. 787.02 where the victim is a minor |
1382 | and the offender is not the victim's parent or guardian; |
1383 | b. Section 794.011, excluding s. 794.011(8)(a) and (10); |
1384 | c. Section 800.04(4)(b) where the court finds the offense |
1385 | involved a victim under 12 years of age or sexual activity by |
1386 | the use of force; |
1387 | d. Section 800.04(5)(b); |
1388 | e. Section 800.04(5)(c)1. where the court finds |
1389 | molestation involving unclothed genitals or genital area; |
1390 | f. Section 800.04(5)(c)2. where the court finds |
1391 | molestation involving unclothed genitals or genital area; |
1392 | g. Section 800.04(5)(d), where the court finds the use of |
1393 | force, or threat or placement of the victim in fear that a |
1394 | person would be subjected to death, serious bodily injury, or |
1395 | kidnapping, and unclothed genitals or genital area; |
1396 | h. Any attempt or conspiracy to commit such offense; |
1397 | i. A violation of a similar law of another jurisdiction; |
1398 | or |
1399 | j. Any conviction for a similar offense committed in this |
1400 | state which has been redesignated from a former statute number |
1401 | to one of those listed in this subparagraph. |
1402 | (e) "Secondary educational institution" means any trade, |
1403 | professional, or secondary school, whether public, private, |
1404 | religious, denominational, parochial, or nonparochial, attended |
1405 | for any purpose, including, but not limited to, secular, |
1406 | religious or cultural studies. |
1407 | (3)(a) The department must provide information regarding |
1408 | any sexual offender who is being released after serving a period |
1409 | of incarceration for any offense, as follows: |
1410 | 1. The department must provide: the sexual offender's |
1411 | name, any change in the offender's name by reason of marriage or |
1412 | other legal process, and any alias, if known; any nicknames or |
1413 | pseudonyms, if known; the correctional facility from which the |
1414 | sexual offender is released; the sexual offender's social |
1415 | security number, including any alias or false social security |
1416 | numbers ever used; race;, sex;, date of birth;, height;, |
1417 | weight;, and hair and eye color; physical description, including |
1418 | scars, marks, and tattoos; address of any planned permanent |
1419 | residence or temporary residence, within the state or out of |
1420 | state, including a rural route address and a post office box; if |
1421 | no permanent or temporary address, any transient residence |
1422 | within the state; address, location, or description and dates of |
1423 | any known future temporary residence within the state or out of |
1424 | state; all phone numbers, including fixed location and cellular |
1425 | phone numbers and any other designations used for purposes of |
1426 | routing or self-identification in telephonic communications; |
1427 | date and place of any current or known future employment, |
1428 | volunteer work, trade, or business, including employer address |
1429 | or location if no specific address is available; all |
1430 | professional licenses that authorize the registrant to engage in |
1431 | an occupation or carry out a trade or business; all driver's |
1432 | license and identification card numbers and identifiers, all |
1433 | travel and immigration documents, including passport and visa, |
1434 | and identifying information from such documents, including, but |
1435 | not limited to, unique identifiers and pertinent issue and |
1436 | expiration dates, location of issuance, destinations, and |
1437 | immigration status; date and county of sentence and each crime |
1438 | for which the offender was sentenced; a copy of the offender's |
1439 | fingerprints and a digitized photograph taken within 60 days |
1440 | before release; the date of release of the sexual offender; any |
1441 | electronic mail address and any instant message name required to |
1442 | be provided pursuant to s. 943.0435(4)(d); and the offender's |
1443 | intended residence address, if known. The department shall |
1444 | notify the Department of Law Enforcement if the sexual offender |
1445 | escapes, absconds, or dies. If the sexual offender is in the |
1446 | custody of a private correctional facility, the facility shall |
1447 | take the digitized photograph of the sexual offender within 60 |
1448 | days before the sexual offender's release and provide this |
1449 | photograph to the Department of Corrections and also place it in |
1450 | the sexual offender's file. If the sexual offender is in the |
1451 | custody of a local jail, the custodian of the local jail shall |
1452 | electronically register the offender within 3 business days |
1453 | after intake of the offender for any reason and upon release, |
1454 | and shall notify the Department of Law Enforcement of the sexual |
1455 | offender's release and provide to the Department of Law |
1456 | Enforcement the information specified in this paragraph and any |
1457 | information specified in subparagraph 2. that the Department of |
1458 | Law Enforcement requests. |
1459 | 2. The department may provide any other information deemed |
1460 | necessary, including criminal and corrections records, |
1461 | nonprivileged personnel and treatment records, when available. |
1462 | Section 8. Paragraph (a) of subsection (1), subsection |
1463 | (4), paragraph (b) of subsection (6), subsections (7) and (11), |
1464 | and paragraphs (b) and (c) of subsection (13) of section |
1465 | 944.607, Florida Statutes, are amended, and paragraph (g) is |
1466 | added to subsection (1) of that section, to read: |
1467 | 944.607 Notification to Department of Law Enforcement of |
1468 | information on sexual offenders.-- |
1469 | (1) As used in this section, the term: |
1470 | (a) "Sexual offender" means a person who is in the custody |
1471 | or control of, or under the supervision of, the department or is |
1472 | in the custody of a private correctional facility: |
1473 | 1. On or after October 1, 1997, as a result of a |
1474 | conviction for committing, or attempting, soliciting, or |
1475 | conspiring to commit, any of the criminal offenses proscribed in |
1476 | the following statutes in this state or similar offenses in |
1477 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
1478 | where the victim is a minor and the defendant is not the |
1479 | victim's parent or guardian; s. 794.011, excluding s. |
1480 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; felony |
1481 | violation of s. 810.145, where the victim is a minor; s. |
1482 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. |
1483 | 847.0135(5)(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. |
1484 | 985.701(1); or any conviction for a similar offense committed in |
1485 | this state which has been redesignated from a former statute |
1486 | number to one of those listed in this subparagraph paragraph; or |
1487 | 2. Who establishes or maintains a residence in this state |
1488 | and who has not been designated as a sexual predator by a court |
1489 | of this state but who has been designated as a sexual predator, |
1490 | as a sexually violent predator, or by another sexual offender |
1491 | designation in another state or jurisdiction and was, as a |
1492 | result of such designation, subjected to registration or |
1493 | community or public notification, or both, or would be if the |
1494 | person were a resident of that state or jurisdiction, without |
1495 | regard as to whether the person otherwise meets the criteria for |
1496 | registration as a sexual offender; or. |
1497 | 3. Who as of July 1, 2008, is currently incarcerated or |
1498 | serving any sanction as a result of a conviction for a criminal |
1499 | offense in this state and who has previously been convicted in |
1500 | any state or jurisdiction for committing, or attempting, |
1501 | soliciting, or conspiring to commit, any of the criminal |
1502 | offenses proscribed in the following statutes or similar offense |
1503 | in another jurisdiction: s. 787.01, s. 787.02, or s. |
1504 | 787.025(2)(c), where the victim is a minor and the defendant is |
1505 | not the victim's parent or guardian; s. 794.011, excluding s. |
1506 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; felony |
1507 | violation of s. 810.145, where the victim is a minor; s. |
1508 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. |
1509 | 847.0135(5); s. 847.0137; s. 847.0138; s. 847.0145; or s. |
1510 | 985.701(1); or any conviction for a similar offense committed in |
1511 | this state which has been redesignated from a former statute |
1512 | number to one of those listed in this subparagraph. This |
1513 | subparagraph does not include persons who have been released |
1514 | from sanctions for the previous sexual offense for 25 or more |
1515 | years provided that there is no more than one prior sexual |
1516 | offense conviction and provided that the sexual offense was not |
1517 | a violation of any of the following: |
1518 | a. Section 787.01 or s. 787.02 where the victim is a minor |
1519 | and the offender is not the victim's parent or guardian; |
1520 | b. Section 794.011, excluding s. 794.011(8)(a) and (10); |
1521 | c. Section 800.04(4)(b) where the court finds the offense |
1522 | involved a victim under 12 years of age or sexual activity by |
1523 | the use of force; |
1524 | d. Section 800.04(5)(b); |
1525 | e. Section 800.04(5)(c)1. where the court finds |
1526 | molestation involving unclothed genitals or genital area; |
1527 | f. Section 800.04(5)(c)2. where the court finds |
1528 | molestation involving unclothed genitals or genital area; |
1529 | g. Section 800.04(5)(d) where the court finds the use of |
1530 | force, or threat or placement of the victim in fear that a |
1531 | person would be subjected to death, serious bodily injury, or |
1532 | kidnapping, and unclothed genitals or genital area; |
1533 | h. Any attempt or conspiracy to commit such offense; |
1534 | i. A violation of a similar law of another jurisdiction; |
1535 | or |
1536 | j. Any conviction for a similar offense committed in this |
1537 | state which has been redesignated from a former statute number |
1538 | to one of those listed in this subparagraph. |
1539 | (g) "Secondary educational institution" means any trade, |
1540 | professional, or secondary school, whether public, private, |
1541 | religious, denominational, parochial, or nonparochial, attended |
1542 | for any purpose, including, but not limited to, secular, |
1543 | religious, or cultural studies |
1544 | (4) A sexual offender, as described in this section, who |
1545 | is under the supervision of the Department of Corrections but is |
1546 | not incarcerated must register with the Department of |
1547 | Corrections within 3 business days after sentencing for a |
1548 | registrable registerable offense and otherwise provide |
1549 | information as required by this subsection. |
1550 | (a) The sexual offender shall provide his or her name, |
1551 | nicknames, and pseudonyms; date of birth, including any alias or |
1552 | false date of birth ever used; social security number, including |
1553 | any alias or false social security numbers ever used; race; sex; |
1554 | height; weight; hair and eye color; physical description, |
1555 | including tattoos or other identifying marks or scars; any |
1556 | electronic mail address and any instant message name required to |
1557 | be provided pursuant to s. 943.0435(4)(d); all phone numbers, |
1558 | including fixed location and cellular phone numbers and any |
1559 | other designations used for purposes of routing or self- |
1560 | identification in telephonic communications; and permanent or |
1561 | legal residence and address of temporary residence within the |
1562 | state or out of state while the sexual offender is under |
1563 | supervision in this state, including any rural route address or |
1564 | post office box; if no permanent or temporary address, any |
1565 | transient residence within the state; address, location, or |
1566 | description and dates of any current or known future temporary |
1567 | residence within the state or out of state; date and place of |
1568 | any current or known future employment, volunteer work, trade, |
1569 | or business, including employer address or location if no |
1570 | specific address is available; all professional licenses that |
1571 | authorize the sexual offender to engage in an occupation or |
1572 | carry out a trade or business; all driver's license and |
1573 | identification card numbers and identifiers; and all travel and |
1574 | immigration documents, including passport and visa, and |
1575 | identifying information from such documents, including, but not |
1576 | limited to, unique identifiers and pertinent issuance and |
1577 | expiration dates, location of issuance, destinations, and |
1578 | immigration status. The Department of Corrections shall verify |
1579 | the address of each sexual offender in the manner described in |
1580 | ss. 775.21 and 943.0435. The department shall report to the |
1581 | Department of Law Enforcement any failure by a sexual predator |
1582 | or sexual offender to comply with registration requirements. |
1583 | (b) If the sexual offender is or will be enrolled, |
1584 | employed, or carrying on a vocation at an institution of higher |
1585 | education or secondary educational institution in this state, |
1586 | the sexual offender shall provide the name, address, and county |
1587 | of each institution, including each campus attended, and the |
1588 | sexual offender's enrollment or employment status. Each change |
1589 | in enrollment or employment status shall be reported to the |
1590 | department within 48 hours after the change in status. The |
1591 | Department of Corrections shall promptly notify each institution |
1592 | of the sexual offender's presence and any change in the sexual |
1593 | offender's enrollment or employment status. |
1594 | (c) If the sexual offender is employed, volunteers, or |
1595 | carries out any trade or business, the sexual offender shall |
1596 | register the employment address or location if no specific |
1597 | address is available. In the case where the sexual offender's |
1598 | employment lacks a fixed employment address or location, the |
1599 | sexual offender shall register information regarding his or her |
1600 | probable location during the course of the employment, including |
1601 | normal routes or general areas, with whatever definiteness is |
1602 | possible. Each change in the registration information required |
1603 | in this paragraph shall be reported in person at the department |
1604 | within 48 hours after any change in status. The department shall |
1605 | promptly notify the Department of Law Enforcement of this change |
1606 | of the sexual offender's registration information. |
1607 | (d) If the sexual offender owns or operates any vehicle, |
1608 | vessel, aircraft, or other land vehicle for personal use or in |
1609 | the course of any employment, the sexual offender shall register |
1610 | information regarding such vehicle, vessel, aircraft, or other |
1611 | land vehicle, including license tag number and information, |
1612 | description, including trade or business names or information |
1613 | thereon, registration or other identifiers, and information |
1614 | regarding the place or places where such vehicle, vessel, |
1615 | aircraft, or other land vehicle is habitually parked, docked, or |
1616 | otherwise kept if the location is different than the |
1617 | registrant's address. Each change in the registration |
1618 | information required in this paragraph shall be reported in |
1619 | person at the department within 48 hours after any change in |
1620 | status. The department shall promptly notify the Department of |
1621 | Law Enforcement of this change of the sexual offender's |
1622 | registration information. |
1623 | (6) The information provided to the Department of Law |
1624 | Enforcement must include: |
1625 | (b) The sexual offender's most current address and place |
1626 | of permanent and temporary residence within the state or out of |
1627 | state or transient residence, and address, location, or |
1628 | description and dates of any current or known future temporary |
1629 | residence within the state or out of state, while the sexual |
1630 | offender is under supervision in this state, including the name |
1631 | of the county or municipality in which the offender permanently |
1632 | or temporarily resides or has a transient residence, and, if |
1633 | known, the intended place of permanent, or temporary, or |
1634 | transient residence, and address, location, or description and |
1635 | dates of any current or known future temporary residence within |
1636 | the state or out of state, upon satisfaction of all sanctions; |
1637 |
|
1638 | If any information provided by the department changes during the |
1639 | time the sexual offender is under the department's control, |
1640 | custody, or supervision, including any change in the offender's |
1641 | name by reason of marriage or other legal process, the |
1642 | department shall, in a timely manner, update the information and |
1643 | provide it to the Department of Law Enforcement in the manner |
1644 | prescribed in subsection (2). |
1645 | (7) If the sexual offender is in the custody of a local |
1646 | jail, the custodian of the local jail shall electronically |
1647 | register the offender within 3 business days after intake of the |
1648 | offender for any reason and upon release, and shall forward the |
1649 | information to the Department of Law Enforcement. The custodian |
1650 | of the local jail shall also take a digitized photograph of the |
1651 | sexual offender while the offender remains in custody and shall |
1652 | provide the digitized photograph to the Department of Law |
1653 | Enforcement. |
1654 | (11) The department, the Department of Highway Safety and |
1655 | Motor Vehicles, the Department of Law Enforcement, the |
1656 | Department of Corrections, the Department of Juvenile Justice, |
1657 | personnel of those departments, and any individual or entity |
1658 | acting at the request or upon the direction of those departments |
1659 | are immune from civil liability for damages for good faith |
1660 | compliance with this section, and shall be presumed to have |
1661 | acted in good faith in compiling, recording, reporting, or |
1662 | providing information. The presumption of good faith is not |
1663 | overcome if technical or clerical errors are made by the |
1664 | department, the Department of Highway Safety and Motor Vehicles, |
1665 | the Department of Law Enforcement, the Department of Juvenile |
1666 | Justice, personnel of those departments, or any individual or |
1667 | entity acting at the request or upon the direction of those |
1668 | departments in compiling, recording, reporting, or providing |
1669 | information, or, if the information is incomplete or incorrect |
1670 | because the information has not been provided by a person or |
1671 | agency required to provide the information, or because the |
1672 | information was not reported or was falsely reported. |
1673 | (13) |
1674 | (b) However, a sexual offender who is required to register |
1675 | as a result of a conviction for: |
1676 | 1. Section 787.01 or s. 787.02 where the victim is a minor |
1677 | and the offender is not the victim's parent or guardian; |
1678 | 2. Section 794.011, excluding s. 794.011(8)(a) and (10); |
1679 | 3. Section 800.04(4)(b) where the victim is under 12 years |
1680 | of age or where the court finds sexual activity by the use of |
1681 | force or by threatening or placing the victim in fear that a |
1682 | person would be subjected to death, serious bodily injury, or |
1683 | kidnapping coercion; |
1684 | 4. Section 800.04(5)(b); |
1685 | 5. Section 800.04(5)(c)1. where the court finds |
1686 | molestation involving unclothed genitals or genital area; |
1687 | 6. Section 800.04(5)(c)c.2. where the court finds |
1688 | molestation involving unclothed genitals or genital area; |
1689 | 7. Section 800.04(5)(d) where the court finds the use of |
1690 | force, or threat or placement of the victim in fear that a |
1691 | person would be subjected to death, serious bodily injury, or |
1692 | kidnapping, coercion and unclothed genitals or genital area; |
1693 | 8. Any attempt or conspiracy to commit such offense; or |
1694 | 9. A violation of a similar law of another jurisdiction; |
1695 | or |
1696 | 10. Any conviction for a similar offense committed in this |
1697 | state which has been redesignated from a former statute number |
1698 | to one of those listed in this paragraph, |
1699 |
|
1700 | must reregister each year during the month of the sexual |
1701 | offender's birthday and every third month thereafter. |
1702 | (c) The sheriff's office may determine the appropriate |
1703 | times and days for reporting by the sexual offender, which shall |
1704 | be consistent with the reporting requirements of this |
1705 | subsection. Reregistration shall include any changes to the |
1706 | following information: |
1707 | 1. Name, nicknames, and pseudonyms; social security |
1708 | number, including any alias or false social security numbers |
1709 | ever used; age; race; sex; date of birth, including any alias or |
1710 | false date of birth ever used; height; weight; hair and eye |
1711 | color; physical description, including scars, marks, and |
1712 | tattoos; address of any permanent residence and address of any |
1713 | current temporary residence, within the state or out of state, |
1714 | including a rural route address and a post office box; if no |
1715 | permanent or temporary address, any transient residence; |
1716 | address, location, or description and dates of any current or |
1717 | known future temporary residence both within the state and out |
1718 | of state; any electronic mail address and any instant message |
1719 | name required to be provided pursuant to s. 943.0435(4)(d); all |
1720 | phone numbers, including fixed location and cellular phone |
1721 | numbers and any other designations used for purposes of routing |
1722 | or self-identification in telephonic communications; date and |
1723 | place of any current or known future employment; volunteer work, |
1724 | trade, or business, including employer address or location if no |
1725 | specific address is available; all professional licenses that |
1726 | authorize the sexual offender to engage in an occupation or |
1727 | carry out a trade or business; all driver's license and |
1728 | identification card numbers and identifiers; all travel and |
1729 | immigration documents, including passport and visa, and |
1730 | identifying information from such documents, including, but not |
1731 | limited to, unique identifiers and pertinent issuance and |
1732 | expiration dates, location of issuance, destinations, and |
1733 | immigration status; any owned or operated vehicle, vessel, |
1734 | aircraft, or other land vehicle make, model, color, and license |
1735 | tag number and information, description, including trade or |
1736 | business names or information thereon, registration and other |
1737 | identifiers, and information regarding the place or places where |
1738 | such vehicle, vessel, aircraft, or other land vehicle is |
1739 | habitually parked, docked, or otherwise kept if the location is |
1740 | different than the registrant's address; biometric |
1741 | identification information, including fingerprints and palm |
1742 | prints fingerprints; and photograph. A post office box shall not |
1743 | be provided in lieu of a physical residential address. |
1744 | 2. If the sexual offender is or will be enrolled, |
1745 | employed, or carrying on a vocation at an institution of higher |
1746 | education or secondary educational institution in this state, |
1747 | the sexual offender shall also provide to the department the |
1748 | name, address, and county of each institution, including each |
1749 | campus attended, and the sexual offender's enrollment or |
1750 | employment status. |
1751 | 3. If the sexual offender's place of residence is a motor |
1752 | vehicle, trailer, mobile home, or manufactured home, as defined |
1753 | in chapter 320, the sexual offender shall also provide the |
1754 | vehicle identification number; the license tag number; the |
1755 | registration number; and a description, including color scheme, |
1756 | of the motor vehicle, trailer, mobile home, or manufactured |
1757 | home. If the sexual offender's place of residence is a vessel, |
1758 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
1759 | sexual offender shall also provide the hull identification |
1760 | number; the manufacturer's serial number; the name of the |
1761 | vessel, live-aboard vessel, or houseboat; the registration |
1762 | number; and a description, including color scheme, of the |
1763 | vessel, live-aboard vessel or houseboat. |
1764 | 4. Any sexual offender who fails to report in person as |
1765 | required at the sheriff's office, or who fails to respond to any |
1766 | address verification correspondence from the department within 3 |
1767 | weeks of the date of the correspondence, or who fails to report |
1768 | electronic mail addresses or instant message names, or who |
1769 | knowingly provides false information commits a felony of the |
1770 | third degree, punishable as provided in s. 775.082, s. 775.083, |
1771 | or s. 775.084. |
1772 | 5. If the sexual offender is employed, volunteers, or |
1773 | carries out any trade or business, the sexual offender shall |
1774 | register the employment address or location if no specific |
1775 | address is available. In the case where the sexual offender's |
1776 | employment lacks a fixed employment address or location, the |
1777 | sexual offender shall register information regarding the sexual |
1778 | offender's probable location during the course of the |
1779 | employment, including normal routes or general areas, with |
1780 | whatever definiteness is possible. Each change in the |
1781 | registration information required in this subparagraph shall be |
1782 | reported in person at the sheriff's office within 48 hours after |
1783 | any change in status. The sheriff shall promptly notify the |
1784 | Department of Law Enforcement of this change of the sexual |
1785 | offender's registration information. |
1786 | 6. If the sexual offender owns or operates any vehicle, |
1787 | vessel, aircraft, or other land vehicle for personal use or in |
1788 | the course of any employment, the sexual offender shall register |
1789 | information regarding such vehicle, vessel, aircraft, or other |
1790 | land vehicle, including license tag number and information, |
1791 | description, including trade or business names or information |
1792 | thereon, registration or other identifiers, and information |
1793 | regarding the place or places where such vehicle, vessel, |
1794 | aircraft, or other land vehicle is habitually parked, docked, or |
1795 | otherwise kept if the location is different than the |
1796 | registrant's address. Each change in the registration |
1797 | information required in this subparagraph shall be reported in |
1798 | person at the sheriff's office within 48 hours after any change |
1799 | in status. The sheriff shall promptly notify the Department of |
1800 | Law Enforcement of this change of the sexual offender's |
1801 | registration information. |
1802 | 7. A sexual offender who meets the criteria for |
1803 | registration as defined in this section and is convicted of a |
1804 | qualifying offense on or after December 31, 2008, must submit a |
1805 | set of palm prints during registration. On or after December 31, |
1806 | 2008, and by July 1, 2009, unless previously submitted as part |
1807 | of registration or reregistration as required under s. |
1808 | 943.0435(14), s. 944.607(13), or s. 985.4815, sexual offenders |
1809 | shall submit palm prints during the month of their |
1810 | reregistration as required under s. 943.0435(14), s. |
1811 | 944.607(13), or s. 985.4815. The sheriff shall promptly provide |
1812 | to the department the palm prints in an electronic format. The |
1813 | department is authorized to provide the palm prints to the |
1814 | Federal Bureau of Investigation and to other criminal justice |
1815 | agencies. |
1816 | Section 9. Paragraph (a) of subsection (3) of section |
1817 | 985.481, Florida Statutes, is amended, and paragraph (c) is |
1818 | added to subsection (1) of that section, to read: |
1819 | 985.481 Sexual offenders adjudicated delinquent; |
1820 | notification upon release.-- |
1821 | (1) As used in this section: |
1822 | (c) "Secondary educational institution" means any trade, |
1823 | professional, or secondary school, whether public, private, |
1824 | religious, denominational, parochial, or nonparochial, attended |
1825 | for any purpose, including, but not limited to, secular, |
1826 | religious, or cultural studies. |
1827 | (3)(a) The department must provide information regarding |
1828 | any sexual offender who is being released after serving a period |
1829 | of residential commitment under the department for any offense, |
1830 | as follows: |
1831 | 1. The department must provide the sexual offender's name, |
1832 | any change in the offender's name by reason of marriage or other |
1833 | legal process, and any alias, if known; any nicknames or |
1834 | pseudonyms, if known; the correctional facility from which the |
1835 | sexual offender is released; the sexual offender's social |
1836 | security number, including any alias or false social security |
1837 | numbers ever used; race;, sex;, date of birth, including any |
1838 | alias or false date of birth ever used; height;, weight;, and |
1839 | hair and eye color; physical description, including scars, |
1840 | marks, and tattoos; address of any planned permanent residence |
1841 | or temporary residence, within the state or out of state, |
1842 | including a rural route address and a post office box; if no |
1843 | permanent or temporary address, any transient residence within |
1844 | the state; address, location, or description and dates of any |
1845 | known future temporary residence within the state or out of |
1846 | state; all phone numbers, including fixed location and cellular |
1847 | phone numbers and any other designations used for purposes of |
1848 | routing or self-identification in telephonic communications; |
1849 | date and place of any current or known future employment, |
1850 | volunteer work, trade, or business, including employer address |
1851 | or location if no specific address is available; all |
1852 | professional licenses that authorize the sexual offender to |
1853 | engage in an occupation or carry out a trade or business; all |
1854 | driver's license and identification card numbers and |
1855 | identifiers, all travel and immigration documents, including |
1856 | passport and visa, and identifying information from such |
1857 | documents, including, but not limited to, unique identifiers and |
1858 | pertinent issue and expiration dates, location of issuance, |
1859 | destinations, and immigration status; date and county of |
1860 | disposition and each crime for which there was a disposition; a |
1861 | copy of the offender's fingerprints and a digitized photograph |
1862 | taken within 60 days before release; the date of release of the |
1863 | sexual offender; and the offender's intended residence address, |
1864 | if known. The department shall notify the Department of Law |
1865 | Enforcement if the sexual offender escapes, absconds, or dies. |
1866 | If the sexual offender is in the custody of a private |
1867 | correctional facility, the facility shall take the digitized |
1868 | photograph of the sexual offender within 60 days before the |
1869 | sexual offender's release and also place it in the sexual |
1870 | offender's file. If the sexual offender is in the custody of a |
1871 | local jail, the custodian of the local jail shall electronically |
1872 | register the offender within 3 business days after intake of the |
1873 | offender for any reason and upon release, and shall notify the |
1874 | Department of Law Enforcement of the sexual offender's release |
1875 | and provide to the Department of Law Enforcement the information |
1876 | specified in this subparagraph and any information specified in |
1877 | subparagraph 2. which the Department of Law Enforcement |
1878 | requests. |
1879 | 2. The department may provide any other information |
1880 | considered necessary, including criminal and delinquency |
1881 | records, when available. |
1882 | Section 10. Subsection (4), paragraph (a) of subsection |
1883 | (6), subsection (7), and paragraph (b) of subsection (13) of |
1884 | section 985.4815, Florida Statutes, are amended, and paragraph |
1885 | (e) is added to subsection (1) of that section, to read: |
1886 | 985.4815 Notification to Department of Law Enforcement of |
1887 | information on juvenile sexual offenders.-- |
1888 | (1) As used in this section, the term: |
1889 | (e) "Secondary educational institution" means any trade, |
1890 | professional, or secondary school, whether public, private, |
1891 | religious, denominational, parochial, or nonparochial, attended |
1892 | for any purpose, including, but not limited to, secular, |
1893 | religious, or cultural studies. |
1894 | (4) A sexual offender, as described in this section, who |
1895 | is under the supervision of the department but who is not |
1896 | committed must register with the department within 3 business |
1897 | days after adjudication and disposition for a registrable |
1898 | offense and otherwise provide information as required by this |
1899 | subsection. |
1900 | (a) The sexual offender shall provide his or her name, |
1901 | nicknames, and pseudonyms; date of birth, including any alias or |
1902 | false date of birth ever used; social security number, including |
1903 | any alias or false social security numbers ever used; race; sex; |
1904 | height; weight; hair and eye color; physical description, |
1905 | including scars, tattoos, or other identifying marks; any |
1906 | electronic mail address and any instant message name required to |
1907 | be provided pursuant to s. 943.0435(4)(d); all phone numbers, |
1908 | including fixed location and cellular phone numbers and any |
1909 | other designations used for purposes of routing or self- |
1910 | identification in telephonic communications; and permanent or |
1911 | legal residence and address of temporary residence within the |
1912 | state or out of state while the sexual offender is in the care |
1913 | or custody or under the jurisdiction or supervision of the |
1914 | department in this state, including any rural route address or |
1915 | post office box;, if no permanent or temporary address, any |
1916 | transient residence; address, location, or description and dates |
1917 | of any current or known future temporary residence within the |
1918 | state or out of state; date and place of any current or known |
1919 | future employment, volunteer work, trade, or business, including |
1920 | employer address or location if no specific address is |
1921 | available; all professional licenses that authorize the |
1922 | registrant to engage in an occupation or carry out a trade or |
1923 | business; all driver's license and identification card numbers |
1924 | and identifiers, all travel and immigration documents, including |
1925 | passport and visa, and identifying information from such |
1926 | documents, including, but not limited to, unique identifiers and |
1927 | pertinent issue and expiration dates, location of issuance, |
1928 | destinations, and immigration status; and the name and address |
1929 | of each school attended. The department shall verify the address |
1930 | of each sexual offender and shall report to the Department of |
1931 | Law Enforcement any failure by a sexual offender to comply with |
1932 | registration requirements. |
1933 | (b) If the sexual offender is or will be enrolled, |
1934 | employed, or carrying on a vocation at an institution of higher |
1935 | education or secondary educational institution in this state, |
1936 | the sexual offender shall provide the name, address, and county |
1937 | of each institution, including each campus attended, and the |
1938 | sexual offender's enrollment or employment status. Each change |
1939 | in enrollment or employment status shall be reported to the |
1940 | department within 48 hours after the change in status. The |
1941 | department shall promptly notify each institution of the sexual |
1942 | offender's presence and any change in the sexual offender's |
1943 | enrollment or employment status. |
1944 | (c) If the sexual offender is employed, volunteers, or |
1945 | carries out any trade or business, the sexual offender shall |
1946 | register the employment address or location if no specific |
1947 | address is available. In the case where the sexual offenders |
1948 | employment lacks a fixed employment address or location, the |
1949 | sexual offender shall register information regarding the sexual |
1950 | offender's probable location during the course of the |
1951 | employment, including normal routes or general areas, with |
1952 | whatever definiteness is possible. Each change in the |
1953 | registration information required in this paragraph shall be |
1954 | reported in person at the department within 48 hours after any |
1955 | change in status. The department shall promptly notify the |
1956 | Department of Law Enforcement of this change of the sexual |
1957 | offender's registration information. |
1958 | (d) If the sexual offender owns or operates any vehicle, |
1959 | vessel, aircraft, or other land vehicle for personal use or in |
1960 | the course of any employment, the sexual offender shall register |
1961 | information regarding such vehicle, vessel, aircraft, or other |
1962 | land vehicle, including license tag number and information, |
1963 | description, including trade or business names or information |
1964 | thereon, registration or other identifiers, and information |
1965 | regarding the place or places where such vehicle, vessel, |
1966 | aircraft, or other land vehicle is habitually parked, docked, or |
1967 | otherwise kept if the location is different than the |
1968 | registrant's address. Each change in the registration |
1969 | information required in this paragraph shall be reported in |
1970 | person at the department within 48 hours after any change in |
1971 | status. The department shall promptly notify the Department of |
1972 | Law Enforcement of this change of the sexual offender's |
1973 | registration information. |
1974 | (6)(a) The information provided to the Department of Law |
1975 | Enforcement must include the following: |
1976 | 1. The information obtained from the sexual offender under |
1977 | subsection (4). |
1978 | 2. The sexual offender's most current address and place of |
1979 | permanent or temporary residence within the state or out of |
1980 | state or transient residence, and address, location, or |
1981 | description and dates of any current or known future temporary |
1982 | residence within the state or out of state, while the sexual |
1983 | offender is in the care or custody or under the jurisdiction or |
1984 | supervision of the department in this state, including the name |
1985 | of the county or municipality in which the offender permanently |
1986 | or temporarily resides or has a transient residence, and, if |
1987 | known, the intended place of permanent, or temporary, or |
1988 | transient residence, and address, location, or description and |
1989 | dates of any current or known future temporary residence within |
1990 | the state or out of state, upon satisfaction of all sanctions. |
1991 | 3. The legal status of the sexual offender and the |
1992 | scheduled termination date of that legal status. |
1993 | 4. The location of, and local telephone number for, any |
1994 | department office that is responsible for supervising the sexual |
1995 | offender. |
1996 | 5. An indication of whether the victim of the offense that |
1997 | resulted in the offender's status as a sexual offender was a |
1998 | minor. |
1999 | 6. The offense or offenses at adjudication and disposition |
2000 | that resulted in the determination of the offender's status as a |
2001 | sex offender. |
2002 | 7. A digitized photograph of the sexual offender, which |
2003 | must have been taken within 60 days before the offender was |
2004 | released from the custody of the department or a private |
2005 | correctional facility by expiration of sentence under s. |
2006 | 944.275, or within 60 days after the onset of the department's |
2007 | supervision of any sexual offender who is on probation, |
2008 | postcommitment probation, residential commitment, nonresidential |
2009 | commitment, licensed child-caring commitment, community control, |
2010 | conditional release, parole, provisional release, or control |
2011 | release or who is supervised by the department under the |
2012 | Interstate Compact Agreement for Probationers and Parolees. If |
2013 | the sexual offender is in the custody of a private correctional |
2014 | facility, the facility shall take a digitized photograph of the |
2015 | sexual offender within the time period provided in this |
2016 | subparagraph and shall provide the photograph to the department. |
2017 | (7) If the sexual offender is in the custody of a local |
2018 | jail, the custodian of the local jail shall electronically |
2019 | register the offender within 3 business days after intake of the |
2020 | offender for any reason and upon release, and shall forward the |
2021 | information to the Department of Law Enforcement. The custodian |
2022 | of the local jail shall also take a digitized photograph of the |
2023 | sexual offender while the offender remains in custody and shall |
2024 | provide the digitized photograph to the Department of Law |
2025 | Enforcement. |
2026 | (13) |
2027 | (b) The sheriff's office may determine the appropriate |
2028 | times and days for reporting by the sexual offender, which shall |
2029 | be consistent with the reporting requirements of this |
2030 | subsection. Reregistration shall include any changes to the |
2031 | following information: |
2032 | 1. Name, nicknames, and pseudonyms; social security |
2033 | number, including any alias or false social security numbers |
2034 | ever used; age; race; sex; date of birth, including any alias or |
2035 | false date of birth ever used; height; weight; hair and eye |
2036 | color; physical description, including scars, marks, and |
2037 | tattoos; address of any permanent residence and address of any |
2038 | current temporary residence, within the state or out of state, |
2039 | including a rural route address and a post office box; if no |
2040 | permanent or temporary address, any transient residence; |
2041 | address, location, or description and dates of any current or |
2042 | known future temporary residence within the state or out of |
2043 | state; any electronic mail address and any instant message name |
2044 | required to be provided pursuant to s. 943.0435(4)(d); all phone |
2045 | numbers, including fixed location and cellular phone numbers and |
2046 | any other designations used for purposes of routing or self- |
2047 | identification in telephonic communications; name and address of |
2048 | each school, institution of higher education, and secondary |
2049 | educational institution attended; date and place of any current |
2050 | or known future employment; volunteer work, trade, or business, |
2051 | including employer address or location if no specific address is |
2052 | available; all professional licenses that authorize the sexual |
2053 | offender to engage in an occupation or carry out a trade or |
2054 | business; all driver's license and identification card numbers |
2055 | and identifiers; all travel and immigration documents, including |
2056 | passport and visa, and identifying information from such |
2057 | documents, including, but not limited to, unique identifiers and |
2058 | pertinent issue and expiration dates, location of issuance, |
2059 | destinations, and immigration status; any owned or operated |
2060 | vehicle, vessel, aircraft, or other land vehicle make, model, |
2061 | color, and license tag number, and information, description, |
2062 | including trade or business names or information thereon, |
2063 | registration and other identifiers, and information regarding |
2064 | the place or places where such vehicle, vessel, aircraft, or |
2065 | other land vehicle is habitually parked, docked, or otherwise |
2066 | kept if the location is different than the registrant's address; |
2067 | biometric identification information, including fingerprints and |
2068 | palm prints fingerprints; and photograph. A post office box |
2069 | shall not be provided in lieu of a physical residential address. |
2070 | 2. If the sexual offender is or will be enrolled, |
2071 | employed, or carrying on a vocation at an institution of higher |
2072 | education or secondary educational institution in this state, |
2073 | the sexual offender shall also provide to the department the |
2074 | name, address, and county of each institution, including each |
2075 | campus attended, and the sexual offender's enrollment or |
2076 | employment status. |
2077 | 3. If the sexual offender's place of residence is a motor |
2078 | vehicle, trailer, mobile home, or manufactured home, as defined |
2079 | in chapter 320, the sexual offender shall also provide the |
2080 | vehicle identification number; the license tag number; the |
2081 | registration number; and a description, including color scheme, |
2082 | of the motor vehicle, trailer, mobile home, or manufactured |
2083 | home. If the sexual offender's place of residence is a vessel, |
2084 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
2085 | sexual offender shall also provide the hull identification |
2086 | number; the manufacturer's serial number; the name of the |
2087 | vessel, live-aboard vessel, or houseboat; the registration |
2088 | number; and a description, including color scheme, of the |
2089 | vessel, live-aboard vessel, or houseboat. |
2090 | 4. Any sexual offender who fails to report in person as |
2091 | required at the sheriff's office, or who fails to respond to any |
2092 | address verification correspondence from the department within 3 |
2093 | weeks after the date of the correspondence, commits a felony of |
2094 | the third degree, punishable as provided in ss. 775.082, |
2095 | 775.083, and 775.084. |
2096 | 5. If the sexual offender is employed, volunteers, or |
2097 | carries out any trade or business, the sexual offender shall |
2098 | register the employment address or location if no specific |
2099 | address is available. In the case where the sexual offender's |
2100 | employment lacks a fixed employment address or location, the |
2101 | sexual offender shall register information regarding the sexual |
2102 | offender's probable location during the course of the |
2103 | employment, including normal routes or general areas, with |
2104 | whatever definiteness is possible. Each change in the |
2105 | registration information required in this subparagraph shall be |
2106 | reported in person at the sheriff's office within 48 hours after |
2107 | any change in status. The sheriff shall promptly notify the |
2108 | Department of Law Enforcement of this change of the sexual |
2109 | offender's registration information. |
2110 | 6. If the sexual offender owns or operates any vehicle, |
2111 | vessel, aircraft, or other land vehicle for personal use or in |
2112 | the course of any employment, the sexual offender shall register |
2113 | information regarding such vehicle, vessel, aircraft, or other |
2114 | land vehicle, including license tag number and information, |
2115 | description, including trade or business names or information |
2116 | thereon, registration or other identifiers, and information |
2117 | regarding the place or places where such vehicle, vessel, |
2118 | aircraft, or other land vehicle is habitually parked, docked, or |
2119 | otherwise kept if the location is different than the |
2120 | registrant's address. Each change in the registration |
2121 | information required in this subparagraph shall be reported in |
2122 | person at the sheriff's office within 48 hours after any change |
2123 | in status. The sheriff shall promptly notify the Department of |
2124 | Law Enforcement this change of the sexual offender's |
2125 | registration information. |
2126 | 7. A sexual offender who meets the criteria for |
2127 | registration as defined in this section and is convicted of a |
2128 | qualifying offense on or after December 31, 2008, must submit a |
2129 | set of palm prints during registration. On or after December 31, |
2130 | 2008, and by July 1, 2009, unless previously submitted as part |
2131 | of registration or reregistration as required under s. |
2132 | 943.0435(14), s. 944.607(13), or s. 985.4815, sexual offenders |
2133 | shall submit palm prints during the month of their |
2134 | reregistration as required under s. 943.0435(14), s. |
2135 | 944.607(13), or s. 985.4815. The sheriff shall promptly provide |
2136 | to the department the palm prints in an electronic format. The |
2137 | department is authorized to provide the palm prints to the |
2138 | Federal Bureau of Investigation and to other criminal justice |
2139 | agencies. |
2140 | Section 11. This act shall take effect July 1, 2008. |