| 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 |
|
| 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. |