Florida Senate - 2008 SB 1698
By Senator Dean
3-02946-08 20081698__
1
A bill to be entitled
2
An act relating to sexual offenders and predators;
3
amending s. 775.21, F.S.; revising a definition and
4
defining the terms "transient residence" and "secondary
5
educational institution"; listing additional felonies as
6
criteria to be used to designate a person as a sexual
7
predator; requiring the Department of Corrections and
8
state law enforcement agencies to notify the state
9
attorney of a predator's transient residence; requiring a
10
sexual predator to provide certain additional information
11
to the Department of Law Enforcement when registering as a
12
sexual predator; requiring the sexual predator to submit a
13
set of palm prints during registration after a specified
14
date; requiring a sexual predator to report enrollment or
15
employment at a secondary educational institution;
16
requiring a sexual predator to report changes in residency
17
within a specified time; requiring that law enforcement
18
agencies provide additional information to the public
19
concerning the identify and location of sexual predators;
20
requiring a sexual predator to provide additional
21
information to the sheriff's office when reregistering as
22
a sexual predator; amending s. 943.0435, F.S.; redefining
23
the term "sexual offender" to add additional felony
24
convictions that qualify a person as a sexual offender;
25
defining the terms "transient residence" and "secondary
26
educational institution"; requiring a sexual predator to
27
provide certain additional information to the sheriff when
28
registering as a sexual offender, including any transient
29
residence; requiring a sexual offender to report
30
enrollment or employment at a secondary educational
31
institution; requiring a sexual offender to provide
32
additional information to the sheriff when reregistering
33
as a sexual offender; requiring a sexual offender to
34
submit a set of palm prints during registration or
35
reregistration after a specified date; creating s.
36
943.04355, F.S.; authorizing the Department of Law
37
Enforcement, with the cooperation of local law enforcement
38
agencies, to assume the duties and functions of
39
registering sexual offenders and notifying the community
40
as such duties and functions relate to registrants under
41
the jurisdiction of any federally recognized Native
42
American tribe that maintains a reservation or tribal
43
property in the state; amending s. 944.606, F.S.;
44
redefining the term "sexual offender" to revise the
45
criminal offenses that qualify a person as a sexual
46
offender for the purpose of the Department of Corrections
47
giving community notice of the release of sexual offenders
48
from incarceration; revising the content of the
49
information the Department of Corrections must give when
50
the sexual offender is released; amending s. 944.607,
51
F.S.; redefining the term "sexual offender" to revise the
52
criminal offenses that qualify a person as a sexual
53
offender for the purpose of requiring a sexual offender
54
who is under the supervision of the Department of
55
Corrections but is not incarcerated to register with the
56
department; defining the term "secondary educational
57
institution"; requiring a sexual offender to provide
58
certain additional information to the Department of
59
Corrections at the time of registration; requiring the
60
department to provide the information to the Department of
61
Law Enforcement; requiring a sexual offender to report
62
enrollment or employment at a secondary educational
63
institution; requiring a sexual offender under the
64
supervision of the Department of Corrections to provide
65
additional information concerning changes to the sheriff
66
when reregistering as a sexual offender; requiring the
67
sexual offender to submit a set of palm prints during
68
registration or reregistration after a specified date;
69
amending s. 985.481, F.S.; requiring the Department of
70
Juvenile Justice to provide additional information in its
71
community notice of the release of a juvenile sexual
72
offender following a period of residential commitment;
73
amending s. 985.4815, F.S.; defining the term "secondary
74
educational institution"; requiring a juvenile sexual
75
offender who is under the supervision of the Department of
76
Juvenile Justice but who is not committed to a residential
77
placement to register as a juvenile sexual offender with
78
the Department of Juvenile Justice; requiring the juvenile
79
sexual offender to provide certain additional information
80
to the department at the time of registration; requiring
81
the Department of Juvenile Justice to provide certain
82
additional information to the Department of Law
83
Enforcement; requiring a sexual offender to report
84
enrollment or employment at a secondary educational
85
institution; requiring a sexual offender under the
86
supervision of the Department of Juvenile Justice to
87
provide additional information concerning changes to the
88
sheriff when reregistering as a sexual offender; amending
89
s. 322.141, F.S.; providing requirements for the driver's
90
license and identification card issued to a juvenile
91
sexual offender; amending s. 775.25, F.S.; specifying the
92
venue for prosecuting a sexual offender adjudicated
93
delinquent or a juvenile sexual offender; amending s.
94
943.0436, F.S.; prohibiting the court from entering
95
certain orders with respect to a sexual offender
96
adjudicated delinquent or a juvenile sexual offender;
97
providing an effective date.
98
99
Be It Enacted by the Legislature of the State of Florida:
100
101
Section 1. Subsections (2) and (4), paragraphs (a) and (d)
102
of subsection (5), subsection (6), paragraph (a) of subsection
103
(7), subsection (8), and paragraphs (a), (b), and (c) of
104
subsection (10) of section 775.21, Florida Statutes, are amended
105
to read:
106
775.21 The Florida Sexual Predators Act.--
107
(2) DEFINITIONS.--As used in this section, the term:
108
(a) "Chief of police" means the chief law enforcement
109
officer of a municipality.
110
(b) "Community" means any county where the sexual predator
111
lives or otherwise establishes or maintains a temporary or
112
permanent residence.
113
(c) "Conviction" means a determination of guilt which is
114
the result of a trial or the entry of a plea of guilty or nolo
115
contendere, regardless of whether adjudication is withheld. A
116
conviction for a similar offense includes, but is not limited to,
117
a conviction by a federal or military tribunal, including courts-
118
martial conducted by the Armed Forces of the United States, and
119
includes a conviction or entry of a plea of guilty or nolo
120
contendere resulting in a sanction in any state of the United
121
States or other jurisdiction. A sanction includes, but is not
122
limited to, a fine, probation, community control, parole,
123
conditional release, control release, or incarceration in a state
124
prison, federal prison, private correctional facility, or local
125
detention facility.
126
(d) "Department" means the Department of Law Enforcement.
127
(e) "Entering the county" includes being discharged from a
128
correctional facility or jail or secure treatment facility within
129
the county or being under supervision within the county for the
130
commission of a violation enumerated in subsection (4).
131
(f) "Permanent residence" means a place where the person
132
abides, lodges, or resides for 5 or more consecutive days.
133
(g) "Temporary residence" means a place where the person
134
abides, lodges, or resides, including, but not limited to, a
135
vacation, business, or personal travel destination inside or
136
outside this state, for a period of 5 or more days in the
137
aggregate during any calendar year and which is not the person's
138
permanent address or, for a person whose permanent residence is
139
not in this state, a place where the person is employed,
140
practices a vocation, or is enrolled as a student for any period
141
of time in this state.
142
(h) "Transient residence" means a place or county where a
143
person lives, remains, or is located for a period of 5 or more
144
days in the aggregate during a calendar year, which is not the
145
person's permanent or temporary address, and may include, but is
146
not limited to, places where the person sleeps or seeks shelter,
147
and may include a location that has no specific street address.
148
(i)(h) "Institution of higher education" means a career
149
center, community college, college, state university, or
150
independent postsecondary institution.
151
(j)(i) "Change in enrollment or employment status" means
152
the commencement or termination of enrollment or employment or a
153
change in location of enrollment or employment.
154
(k)(j) "Electronic mail address" has the same meaning as
155
provided in s. 668.602.
156
(l)(k) "Instant message name" means an identifier that
157
allows a person to communicate in real time with another person
158
using the Internet.
159
(m) "Secondary educational institution" means any trade,
160
professional, or secondary school, including a public, private,
161
religious, denominational, parochial, or nonparochial
162
institution, attended for any purpose, including, but not limited
163
to, secular, religious, or cultural studies.
164
(4) SEXUAL PREDATOR CRITERIA.--
165
(a) For a current offense committed on or after October 1,
166
1993, upon conviction, an offender shall be designated as a
167
"sexual predator" under subsection (5), and subject to
168
registration under subsection (6) and community and public
169
notification under subsection (7) if:
170
1. The felony is:
171
a. A capital, life, or first-degree felony violation, or
173
is a minor and the defendant is not the victim's parent or
175
conviction for a similar offense committed in this state which
176
has been redesignated from a former statute number to one of
177
those listed in this subsection, or a violation of a similar law
178
of another jurisdiction; or
179
b. Any felony violation, or any attempt, solicitation, or
180
conspiracy to commit such violation thereof, of s. 787.01, s.
182
defendant is not the victim's parent or guardian; s. 794.011,
186
conviction for a similar offense committed in this state which
187
has been redesignated from a former statute number to one of
188
those listed in this subsection; or a violation of a similar law
189
of another jurisdiction, and the offender has previously been
190
convicted of or found to have committed, attempted, solicited, or
191
conspired to commit, or has pled nolo contendere or guilty to,
192
regardless of adjudication, any violation of s. 787.01, s.
194
defendant is not the victim's parent or guardian; s. 794.011,
199
similar offense committed in this state which has been
200
redesignated from a former statute number to one of those listed
201
in this subsection; or a violation of a similar law of another
202
jurisdiction;
203
2. The offender has not received a pardon for any felony or
204
similar law of another jurisdiction that is necessary for the
205
operation of this paragraph; and
206
3. A conviction of a felony or similar law of another
207
jurisdiction necessary to the operation of this paragraph has not
208
been set aside in any postconviction proceeding.
209
(b) In order to be counted as a prior felony for purposes
210
of this subsection, the felony must have resulted in a conviction
211
sentenced separately, or an adjudication of delinquency entered
212
separately, prior to the current offense and sentenced or
213
adjudicated separately from any other felony conviction that is
214
to be counted as a prior felony regardless of the date of offense
215
of the prior felony.
216
(c) If an offender has been registered as a sexual predator
217
by the Department of Corrections, the department, or any other
218
law enforcement agency and if:
219
1. The court did not, for whatever reason, make a written
220
finding at the time of sentencing that the offender was a sexual
221
predator; or
222
2. The offender was administratively registered as a sexual
223
predator because the Department of Corrections, the department,
224
or any other law enforcement agency obtained information that
225
indicated that the offender met the criteria for designation as a
226
sexual predator based on a violation of a similar law in another
227
jurisdiction,
228
229
the department shall remove that offender from the department's
230
list of sexual predators and, for an offender described under
231
subparagraph 1., shall notify the state attorney who prosecuted
232
the offense that met the criteria for administrative designation
233
as a sexual predator, and, for an offender described under this
234
paragraph, shall notify the state attorney of the county where
235
the offender establishes or maintains a permanent, transient, or
236
temporary residence. The state attorney shall bring the matter to
237
the court's attention in order to establish that the offender
238
meets the criteria for designation as a sexual predator. If the
239
court makes a written finding that the offender is a sexual
240
predator, the offender must be designated as a sexual predator,
241
must register or be registered as a sexual predator with the
242
department as provided in subsection (6), and is subject to the
243
community and public notification as provided in subsection (7).
244
If the court does not make a written finding that the offender is
245
a sexual predator, the offender may not be designated as a sexual
246
predator with respect to that offense and is not required to
247
register or be registered as a sexual predator with the
248
department.
249
(d) An offender who has been determined to be a sexually
250
violent predator pursuant to a civil commitment proceeding under
251
chapter 394 shall be designated as a "sexual predator" under
252
subsection (5) and subject to registration under subsection (6)
253
and community and public notification under subsection (7).
254
(5) SEXUAL PREDATOR DESIGNATION.--An offender is designated
255
as a sexual predator as follows:
256
(a)1. An offender who meets the sexual predator criteria
257
described in paragraph (4)(d) is a sexual predator, and the court
258
shall make a written finding at the time such offender is
259
determined to be a sexually violent predator under chapter 394
260
that such person meets the criteria for designation as a sexual
261
predator for purposes of this section. The clerk shall transmit a
262
copy of the order containing the written finding to the
263
department within 48 hours after the entry of the order;
264
2. An offender who meets the sexual predator criteria
265
described in paragraph (4)(a) who is before the court for
266
sentencing for a current offense committed on or after October 1,
267
1993, is a sexual predator, and the sentencing court must make a
268
written finding at the time of sentencing that the offender is a
269
sexual predator, and the clerk of the court shall transmit a copy
270
of the order containing the written finding to the department
271
within 48 hours after the entry of the order; or
272
3. If the Department of Corrections, the department, or any
273
other law enforcement agency obtains information indicating which
274
indicates that an offender who establishes or maintains a
275
permanent, transient, or temporary residence in this state meets
276
the sexual predator criteria described in paragraph (4)(a) or
277
paragraph (4)(d) because the offender was civilly committed or
278
committed a similar violation in another jurisdiction on or after
279
October 1, 1993, the Department of Corrections, the department,
280
or the law enforcement agency shall notify the state attorney of
281
the county where the offender establishes or maintains a
282
permanent, transient, or temporary residence of the offender's
283
presence in the community. The state attorney shall file a
284
petition with the criminal division of the circuit court for the
285
purpose of holding a hearing to determine if the offender's
286
criminal record or record of civil commitment from another
287
jurisdiction meets the sexual predator criteria. If the court
288
finds that the offender meets the sexual predator criteria
289
because the offender has violated a similar law or similar laws
290
in another jurisdiction, the court shall make a written finding
291
that the offender is a sexual predator.
292
293
When the court makes a written finding that an offender is a
294
sexual predator, the court shall inform the sexual predator of
295
the registration and community and public notification
296
requirements described in this section. Within 48 hours after the
297
court designating an offender as a sexual predator, the clerk of
298
the circuit court shall transmit a copy of the court's written
299
sexual predator finding to the department. If the offender is
300
sentenced to a term of imprisonment or supervision, a copy of the
301
court's written sexual predator finding must be submitted to the
302
Department of Corrections.
303
(d) A person who establishes or maintains a residence in
304
this state and who has not been designated as a sexual predator
305
by a court of this state but who has been designated as a sexual
306
predator, as a sexually violent predator, or by another sexual
307
offender designation in another state or jurisdiction and was, as
308
a result of such designation, subjected to registration or
309
community or public notification, or both, or would be if the
310
person was a resident of that state or jurisdiction, without
311
regard to whether the person otherwise meets the criteria for
312
registration as a sexual offender, shall register in the manner
314
be subject to community and public notification as provided in s.
316
criteria of this section is subject to the requirements and
318
until the person provides the department with an order issued by
319
the court that designated the person as a sexual predator, as a
320
sexually violent predator, or by another sexual offender
321
designation in the state or jurisdiction in which the order was
322
issued which states that such designation has been removed or
323
demonstrates to the department that such designation, if not
324
imposed by a court, has been removed by operation of law or court
325
order in the state or jurisdiction in which the designation was
326
made, and provided such person no longer meets the criteria for
327
registration as a sexual offender under the laws of this state.
328
(6) REGISTRATION.--
329
(a) A sexual predator must register with the department
330
through the sheriff's office by providing the following
331
information to the department:
332
1. Name, nicknames, pseudonyms, social security number, any
333
alias or false social security numbers ever used, age, race, sex,
334
date of birth, height, weight, hair and eye color, photograph,
335
address of legal residence and address of any current temporary
336
residence, within the state or outside the out of state,
337
including a rural route address and a post office box, if there
338
is no permanent or temporary address, any transient residence in
339
the state, the address, location, description, and dates of any
340
current or known future temporary residence within the state or
341
outside the state, any electronic mail address and any instant
342
message name required to be provided pursuant to subparagraph
343
(g)4., all telephone numbers, including fixed location and
344
cellular telephone numbers and any other designations used for
345
routing or self-identification in telephonic communications, date
346
and place of any current or known future employment, volunteer,
347
trade, or business activities, including the street address or,
348
if no specific address is available, the location of the
349
employer, all professional licenses that authorize the registrant
350
to engage in an occupation or carry out a trade or business, all
351
driver's license and identification card numbers and identifiers,
352
all travel and immigration documents, including passport and visa
353
and identifying information from such documents, including, but
354
not limited to, unique identifiers and pertinent issue and
355
expiration dates, location of issuance, destinations, and
356
immigration status, date and place of each conviction, biometric
357
identification information, including fingerprints and palm
358
prints, and a brief description of the crime or crimes committed
359
by the offender. A post office box may shall not be provided in
360
lieu of a physical residential address. A sexual predator
361
designated under this section on or after December 31, 2008, must
362
submit a set of palm prints during registration. The sheriff
363
shall promptly provide the department with the palm prints in an
364
electronic format. The department may provide the palm prints to
365
the Federal Bureau of Investigation or other criminal justice
366
agencies.
367
a. If the sexual predator's place of residence is a motor
368
vehicle, trailer, mobile home, or manufactured home, as defined
369
in chapter 320, the sexual predator shall also provide to the
370
department written notice of the vehicle identification number;
371
the license tag number; the registration number; and a
372
description, including color scheme, of the motor vehicle,
373
trailer, mobile home, or manufactured home. If a sexual
374
predator's place of residence is a vessel, live-aboard vessel, or
375
houseboat, as defined in chapter 327, the sexual predator shall
376
also provide to the department written notice of the hull
377
identification number; the manufacturer's serial number; the name
378
of the vessel, live-aboard vessel, or houseboat; the registration
379
number; and a description, including color scheme, of the vessel,
380
live-aboard vessel, or houseboat.
381
b. If the sexual predator is or will be enrolled, employed,
382
or carrying on a vocation at an institution of higher education
383
or a secondary educational institution in this state, the sexual
384
predator shall also provide to the department the name, address,
385
and county of each institution, including each campus attended,
386
and the sexual predator's enrollment or employment status. Each
387
change in enrollment or employment status shall be reported in
388
person at the sheriff's office, or the Department of Corrections
389
if the sexual predator is in the custody or control of or under
390
the supervision of the Department of Corrections, within 48 hours
391
after any change in status. The sheriff or the Department of
392
Corrections shall promptly notify each institution of the sexual
393
predator's presence and any change in the sexual predator's
394
enrollment or employment status.
395
c. If the sexual predator is employed, volunteers for, or
396
carries out any trade or business, the sexual predator shall
397
report the street address of the place of employment or, if no
398
specific street address is available, the location of the
399
employer. If the sexual predator's employer lacks a fixed street
400
address or location, the sexual predator must report the sexual
401
predator's probable location during the course of the business
402
day, including normal routes or general areas, with whatever
403
specificity is possible. Each change in the information required
404
in this sub-subparagraph must be reported in person at the
405
sheriff's office or the Department of Corrections, if the sexual
406
predator is in the custody or control of or under the supervision
407
of the Department of Corrections, within 48 hours after any
408
change in status. The sheriff or the Department of Corrections
409
shall promptly notify the department of this change of the sexual
410
predator's reporting information.
411
d. If the sexual predator owns or operates a vehicle,
412
vessel, or aircraft for personal or business use, the sexual
413
predator must report certain information regarding the vehicle,
414
vessel, or aircraft. The information must include the license tag
415
and registration numbers; a description of the vehicle, vessel,
416
or aircraft; the trade or business name for which the vehicle,
417
vessel, or aircraft will be used; and information regarding the
418
place or places where the vehicle, vessel, or aircraft is
419
habitually parked, docked, stored, or otherwise kept if the
420
location is different from the registrant's address. Each change
421
in the information required by this sub-subparagraph must be
422
reported in person at the sheriff's office, or the Department of
423
Corrections if the sexual predator is in the custody or control
424
of or under the supervision of the Department of Corrections,
425
within 48 hours after any change in status. The sheriff or the
426
Department of Corrections shall promptly notify the department of
427
this change of the sexual predator's reporting information.
428
2. Any other information determined necessary by the
429
department, including criminal and corrections records;
430
nonprivileged personnel and treatment records; and evidentiary
431
genetic markers when available.
432
(b) If the sexual predator is in the custody or control of,
433
or under the supervision of, the Department of Corrections, or is
434
in the custody of a private correctional facility, the sexual
435
predator must register with the Department of Corrections. A
436
sexual predator who is under the supervision of the Department of
437
Corrections but who is not incarcerated must register with the
438
Department of Corrections within 3 business days after the court
439
finds the offender to be a sexual predator. The Department of
440
Corrections shall provide to the department registration
441
information and the location of, and local telephone number for,
442
any Department of Corrections office that is responsible for
443
supervising the sexual predator. In addition, the Department of
444
Corrections shall notify the department if the sexual predator
445
escapes or absconds from custody or supervision or if the sexual
446
predator dies.
447
(c) If the sexual predator is in the custody of a local
448
jail, the custodian of the local jail shall electronically
449
register the sexual predator within 3 business days after intake
450
of the sexual predator for any reason and upon his or her
451
release, and shall forward the registration information to the
452
department. The custodian of the local jail shall also take a
453
digitized photograph of the sexual predator while the sexual
454
predator remains in custody and shall provide the digitized
455
photograph to the department. The custodian shall notify the
456
department if the sexual predator escapes from custody or dies.
457
(d) If the sexual predator is under federal supervision,
458
the federal agency responsible for supervising the sexual
459
predator may forward to the department any information regarding
460
the sexual predator which is consistent with the information
461
provided by the Department of Corrections under this section, and
462
may indicate whether use of the information is restricted to law
463
enforcement purposes only or may be used by the department for
464
purposes of public notification.
465
(e)1. If the sexual predator is not in the custody or
466
control of, or under the supervision of, the Department of
467
Corrections or is not in the custody of a private correctional
468
facility, the sexual predator shall register in person:
469
a. At the sheriff's office in the county where he or she
470
establishes or maintains a residence within 48 hours after
471
establishing or maintaining a residence in this state; and
472
b. At the sheriff's office in the county where he or she
473
was designated a sexual predator by the court within 48 hours
474
after such finding is made.
475
2. Any change in the sexual predator's permanent,
476
transient, or temporary residence, name, or any electronic mail
477
address and any instant message name required to be provided
478
pursuant to subparagraph (g)4., after the sexual predator
479
registers in person at the sheriff's office as provided in
480
subparagraph 1., shall be accomplished in the manner provided in
481
paragraphs (g), (i), and (j). When a sexual predator registers
482
with the sheriff's office, the sheriff shall take a photograph
483
and a set of biometric identification information, including
484
fingerprints and palm prints of the predator, and shall forward
485
the photographs and biometric identification information
486
fingerprints to the department, along with the information that
487
the predator is required to provide pursuant to this section.
488
(f) Within 48 hours after the registration required under
489
paragraph (a) or paragraph (e), a sexual predator who is not
490
incarcerated and who resides in the community, including a sexual
491
predator under the supervision of the Department of Corrections,
492
shall register in person at a driver's license office of the
493
Department of Highway Safety and Motor Vehicles and shall present
494
proof of registration. At the driver's license office the sexual
495
predator shall:
496
1. If otherwise qualified, secure a Florida driver's
497
license, renew a Florida driver's license, or secure an
498
identification card. The sexual predator shall identify himself
499
or herself as a sexual predator who is required to comply with
500
this section, provide his or her place of permanent, transient,
501
or temporary residence, including a rural route address and a
502
post office box, and submit to the taking of a photograph for use
503
in issuing a driver's license, renewed license, or identification
504
card, and for use by the department in maintaining current
505
records of sexual predators. A post office box may shall not be
506
provided in lieu of a physical residential address. If the sexual
507
predator's place of residence is a motor vehicle, trailer, mobile
508
home, or manufactured home, as defined in chapter 320, the sexual
509
predator shall also provide to the Department of Highway Safety
510
and Motor Vehicles the vehicle identification number; the license
511
tag number; the registration number; and a description, including
512
color scheme, of the motor vehicle, trailer, mobile home, or
513
manufactured home. If a sexual predator's place of residence is a
514
vessel, live-aboard vessel, or houseboat, as defined in chapter
515
327, the sexual predator shall also provide to the Department of
516
Highway Safety and Motor Vehicles the hull identification number;
517
the manufacturer's serial number; the name of the vessel, live-
518
aboard vessel, or houseboat; the registration number; and a
519
description, including color scheme, of the vessel, live-aboard
520
vessel, or houseboat.
521
2. Pay the costs assessed by the Department of Highway
522
Safety and Motor Vehicles for issuing or renewing a driver's
523
license or identification card as required by this section. The
524
driver's license or identification card issued to the sexual
525
predator must be in compliance with s. 322.141(3).
526
3. Provide, upon request, any additional information
527
necessary to confirm the identity of the sexual predator,
528
including a set of fingerprints.
529
(g)1. Each time a sexual predator's driver's license or
530
identification card is subject to renewal, and, without regard to
531
the status of the predator's driver's license or identification
532
card, within 48 hours after any change of the predator's
533
residence or change in the predator's name by reason of marriage
534
or other legal process, the predator shall report in person to a
535
driver's license office and shall be subject to the requirements
536
specified in paragraph (f). The Department of Highway Safety and
537
Motor Vehicles shall forward to the department and to the
538
Department of Corrections all photographs and information
539
provided by sexual predators. Notwithstanding the restrictions
540
set forth in s. 322.142, the Department of Highway Safety and
541
Motor Vehicles is authorized to release a reproduction of a
542
color-photograph or digital-image license to the Department of
543
Law Enforcement for purposes of public notification of sexual
544
predators as provided in this section.
545
2. A sexual predator who vacates a permanent or temporary
546
residence and fails to establish or maintain another permanent or
547
temporary residence shall, within 48 hours after vacating the
548
permanent or temporary residence, report in person to the
549
sheriff's office of the county in which he or she is located. The
550
sexual predator shall specify the date upon which he or she
551
intends to or did vacate such residence. The sexual predator must
552
provide or update all of the registration information required
553
under paragraph (a). The sexual predator must provide an address
554
for the residence or other place where location that he or she is
555
or will be located occupying during the time in which he or she
556
fails to establish or maintain a permanent or temporary
557
residence.
558
3. A sexual predator who remains at a permanent or
559
temporary residence after reporting his or her intent to vacate
560
such residence shall, within 48 hours after the date upon which
561
the predator indicated he or she would or did vacate such
562
residence, report in person to the sheriff's office to which he
563
or she reported pursuant to subparagraph 2. for the purpose of
564
reporting his or her address at such residence. When the sheriff
565
receives the report, the sheriff shall promptly convey the
566
information to the department. An offender who makes a report as
567
required under subparagraph 2. but fails to make a report as
568
required under this subparagraph commits a felony of the second
570
571
4. A sexual predator must register any electronic mail
572
address or instant message name with the department prior to
573
using such electronic mail address or instant message name on or
574
after October 1, 2007. The department shall establish an online
575
system through which sexual predators may securely access and
576
update all electronic mail address and instant message name
577
information.
578
(h) The department must notify the sheriff and the state
579
attorney of the county and, if applicable, the police chief of
580
the municipality, where the sexual predator maintains a
581
residence.
582
(i) A sexual predator who intends to establish a temporary,
583
transient, or permanent residence in another state or
584
jurisdiction other than the State of Florida shall report in
585
person to the sheriff of the county of current residence within
586
48 hours before the date he or she intends to leave this state to
587
establish residence in another state or jurisdiction. The sexual
588
predator must provide to the sheriff the address, municipality,
589
county, and state of intended residence. The sheriff shall
590
promptly provide to the department the information received from
591
the sexual predator. The department shall notify the statewide
592
law enforcement agency, or a comparable agency, in the intended
593
state or jurisdiction of residence of the sexual predator's
594
intended residence. The failure of a sexual predator to provide
595
his or her intended place of residence is punishable as provided
596
in subsection (10).
597
(j) A sexual predator who indicates his or her intent to
598
reside or establish a temporary or transient residence in another
599
state or jurisdiction other than the State of Florida and later
600
decides to remain in this state shall, within 48 hours after the
601
date upon which the sexual predator indicated he or she would
602
leave this state, report in person to the sheriff to which the
603
sexual predator reported the intended change of residence, and
604
report his or her intent to remain in this state. If the sheriff
605
is notified by the sexual predator that he or she intends to
606
remain in this state, the sheriff shall promptly report this
607
information to the department. A sexual predator who reports his
608
or her intent to reside or establish a temporary or transient
609
residence in another state or jurisdiction, but who remains in
610
this state without reporting to the sheriff in the manner
611
required by this paragraph, commits a felony of the second
613
614
(k)1. The department is responsible for the online
615
maintenance of current information regarding each registered
616
sexual predator. The department must maintain hotline access for
617
state, local, and federal law enforcement agencies to obtain
618
instantaneous locator file and offender characteristics
619
information on all released registered sexual predators for
620
purposes of monitoring, tracking, and prosecution. The photograph
621
and biometric identification information need fingerprints do not
622
have to be stored in a computerized format.
623
2. The department's sexual predator registration list,
624
containing the information described in subparagraph (a)1., is a
625
public record. The department is authorized to disseminate this
626
public information by any means deemed appropriate, including
627
operating a toll-free telephone number for this purpose. When the
628
department provides information regarding a registered sexual
629
predator to the public, department personnel must advise the
630
person making the inquiry that positive identification of a
631
person believed to be a sexual predator cannot be established
632
unless a fingerprint comparison is made, and that it is illegal
633
to use public information regarding a registered sexual predator
634
to facilitate the commission of a crime.
635
3. The department shall adopt guidelines as necessary
636
regarding the registration of sexual predators and the
637
dissemination of information regarding sexual predators as
638
required by this section.
639
(l) A sexual predator must maintain registration with the
640
department for the duration of his or her life, unless the sexual
641
predator has received a full pardon or has had a conviction set
642
aside in a postconviction proceeding for any offense that met the
643
criteria for the sexual predator designation.
644
(7) COMMUNITY AND PUBLIC NOTIFICATION.--
645
(a) Law enforcement agencies must inform members of the
646
community and the public of a sexual predator's presence. Upon
647
notification of the presence of a sexual predator, the sheriff of
648
the county or the chief of police of the municipality where the
649
sexual predator establishes or maintains a permanent or temporary
650
residence shall notify members of the community and the public of
651
the presence of the sexual predator in a manner deemed
652
appropriate by the sheriff or the chief of police. Within 48
653
hours after receiving notification of the presence of a sexual
654
predator, the sheriff of the county or the chief of police of the
655
municipality where the sexual predator temporarily or permanently
656
resides shall notify each licensed day care center, elementary
657
school, middle school, and high school within a 1-mile radius of
658
the temporary or permanent residence of the sexual predator of
659
the presence of the sexual predator. Information provided to
660
members of the community and the public regarding a sexual
661
predator must include:
662
1. The name, nicknames, aliases, and pseudonyms of the
663
sexual predator;
664
2. A description of the sexual predator, including a
665
photograph;
666
3. The sexual predator's current permanent, temporary, and
667
transient addresses and descriptions of registered locations that
668
have no specific street address, including the name of the county
669
or municipality if known;
670
4. The circumstances of the sexual predator's offense or
671
offenses; and
672
5. Whether the victim of the sexual predator's offense or
673
offenses was, at the time of the offense, a minor or an adult;.
674
6. The sexual predator's employment address or, if there is
675
no fixed employment address, information describing the sexual
676
predator's probable employment location during the course of the
677
business day, including normal routes or general areas, with
678
whatever specificity is possible, or places where the sexual
679
predator volunteers for or carries out a trade or business;
680
7. The address of the sexual predator's institution of
681
higher education or secondary educational institution; and
682
8. The license tag and registration numbers and a
683
description of each vehicle owned or operated by the sexual
684
predator.
685
686
This paragraph does not authorize the release of the name of any
687
victim of the sexual predator.
688
(8) VERIFICATION.--The department and the Department of
689
Corrections shall implement a system for verifying the addresses
690
of sexual predators. The system must be consistent with the
691
provisions of the federal Adam Walsh Child Protection and Safety
692
Act of 2006 and any other federal standards applicable to such
693
verification or required to be met as a condition for the receipt
694
of federal funds by the state. The Department of Corrections
695
shall verify the addresses of sexual predators who are not
696
incarcerated but who reside in the community under the
697
supervision of the Department of Corrections and shall report to
698
the department any failure by a sexual predator to comply with
699
registration requirements. County and local law enforcement
700
agencies, in conjunction with the department, shall verify the
701
addresses of sexual predators who are not under the care,
702
custody, control, or supervision of the Department of
703
Corrections. Local law enforcement agencies shall report to the
704
department any failure by a sexual predator to comply with
705
registration requirements.
706
(a) A sexual predator must report in person each year
707
during the month of the sexual predator's birthday and during
708
every third month thereafter to the sheriff's office in the
709
county in which he or she resides or is otherwise located to
710
reregister. The sheriff's office may determine the appropriate
711
times and days for reporting by the sexual predator, which shall
712
be consistent with the reporting requirements of this paragraph.
713
Reregistration shall include any changes to the following
714
information:
715
1. Name; nicknames; pseudonyms; social security number; any
716
alias or false date of birth ever used; age; race; sex; date of
717
birth; height; weight; hair and eye color; physical description,
718
including scars, marks, and tattoos; address of any permanent
719
residence and address of any current temporary residence, within
720
the state or outside the out of state, including a rural route
721
address and a post office box; if there is no permanent or
722
temporary address, any transient residence within the state;
723
address, location, description, and dates of any current or known
724
future in-state and out-of-state temporary residence; any
725
electronic mail address and any instant message name required to
726
be provided pursuant to subparagraph (6)(g)4.; all telephone
727
numbers, including fixed location and cellular telephone numbers,
728
and any other designations used for routing or self-
729
identification in telephonic communications; date and place of
730
any current or known future employment; volunteer, trade, or
731
business activities, including the street address or, if no
732
specific address is available, the location of the employer; all
733
professional licenses that authorize the registrant to engage in
734
an occupation or carry out a trade or business; all driver's
735
license and identification card numbers and identifiers; all
736
travel and immigration documents, including passport and visa
737
identifying information from such documents, including, but not
738
limited to, unique identifiers and pertinent issuance and
739
expiration dates, location of issuance, destinations, and
740
immigration status; any owned or operated vehicle, vessel, or
741
aircraft; a description of the make, model, color, and license
742
tag number and registration; a description of the trade or
743
business name or information affixed thereto, and other
744
identifier information; information regarding the place or places
745
where the vehicle, vessel, or aircraft is habitually parked,
746
docked, stored, or otherwise kept if the location is different
747
from the registrant's address; biometric identification
748
information fingerprints; and photograph. A post office box may
749
shall not be provided in lieu of a physical residential address.
750
On or after December 31, 2008, and by July 1, 2009, unless
751
previously submitted as part of registration or reregistration, a
752
sexual predator shall submit palm prints during the month of his
753
or her reregistration. The sheriff shall promptly forward the
754
palm prints to the department in an electronic format. The
755
department may provide the palm prints to the Federal Bureau of
756
Investigation or other criminal justice agencies.
757
2. If the sexual predator is or will be enrolled, employed,
758
or carrying on a vocation at an institution of higher education
759
or a secondary educational institution in this state, the sexual
760
predator shall also provide to the department the name, address,
761
and county of each institution, including each campus attended,
762
and the sexual predator's enrollment or employment status.
763
3. If the sexual predator's place of residence is a motor
764
vehicle, trailer, mobile home, or manufactured home, as defined
765
in chapter 320, the sexual predator shall also provide the
766
vehicle identification number; the license tag number; the
767
registration number; and a description, including color scheme,
768
of the motor vehicle, trailer, mobile home, or manufactured home.
769
If the sexual predator's place of residence is a vessel, live-
770
aboard vessel, or houseboat, as defined in chapter 327, the
771
sexual predator shall also provide the hull identification
772
number; the manufacturer's serial number; the name of the vessel,
773
live-aboard vessel, or houseboat; the registration number; and a
774
description, including color scheme, of the vessel, live-aboard
775
vessel, or houseboat.
776
(b) The sheriff's office shall, within 2 working days,
777
electronically submit and update all information provided by the
778
sexual predator to the department in a manner prescribed by the
779
department.
780
(10) PENALTIES.--
781
(a) Except as otherwise specifically provided, a sexual
782
predator who fails to register; who fails, after registration, to
783
maintain, acquire, or renew a driver's license or identification
784
card; who fails to provide required location information,
785
electronic mail address information, instant message name
786
information, or change-of-name information; who fails to make a
787
required report in connection with vacating a permanent
788
residence; who fails to reregister as required; who fails to
789
respond to any address verification correspondence from the
790
department within 3 weeks of the date of the correspondence; who
791
knowingly provides false information; or who otherwise fails, by
792
act or omission, to comply with the requirements of this section,
793
commits a felony of the third degree, punishable as provided in
795
(b) A sexual predator who has been convicted of or found to
796
have committed, or has pled nolo contendere or guilty to,
797
regardless of adjudication, any violation, or attempted
799
the victim is a minor and the defendant is not the victim's
804
offense committed in this state which has been redesignated from
805
a former statute number to one of those listed in this
806
subsection; or a violation of a similar law of another
807
jurisdiction when the victim of the offense was a minor, and who
808
works, whether for compensation or as a volunteer, at any
809
business, school, day care center, park, playground, or other
810
place where children regularly congregate, commits a felony of
811
the third degree, punishable as provided in s. 775.082, s.
813
(c) Any person who misuses public records information
814
relating to a sexual predator, as defined in this section, or a
816
985.4815, to secure a payment from such a predator or offender;
817
who knowingly distributes or publishes false information relating
818
to such a predator or offender which the person misrepresents as
819
being public records information; or who materially alters public
820
records information with the intent to misrepresent the
821
information, including documents, summaries of public records
822
information provided by law enforcement agencies, or public
823
records information displayed by law enforcement agencies on
824
websites or provided through other means of communication,
825
commits a misdemeanor of the first degree, punishable as provided
827
Section 2. Subsections (1), (2), (3), (4), (7), (8), and
828
(10), paragraph (a) of subsection (11), and paragraphs (b) and
829
(c) of subsection (14) of section 943.0435, Florida Statutes, are
830
amended to read:
831
943.0435 Sexual offenders required to register with the
832
department; penalty.--
833
(1) As used in this section, the term:
834
(a)1. "Sexual offender" means a person who meets the
835
criteria in sub-subparagraph a., sub-subparagraph b., sub-
836
subparagraph c., or sub-subparagraph d., or sub-subparagraph e.,
837
as follows:
838
a.(I) Has been convicted of committing, or attempting,
839
soliciting, or conspiring to commit, any of the criminal offenses
840
proscribed in the following statutes in this state or similar
842
787.025(2)(c), when where the victim is a minor and the defendant
843
is not the victim's parent or guardian; s. 794.011, excluding s.
845
felony offense under s. 810.145, when the victim is a minor; s.
849
offense committed in this state which has been redesignated from
850
a former statute number to one of those listed in this sub-sub-
851
subparagraph; and
852
(II) Except as provided in sub-subparagraph e., has been
853
released on or after October 1, 1997, from the sanction imposed
854
for any conviction of an offense described in sub-sub-
855
subparagraph (I). For purposes of sub-sub-subparagraph (I), a
856
sanction imposed in this state or in any other jurisdiction
857
includes, but is not limited to, a fine, probation, community
858
control, parole, conditional release, control release, or
859
incarceration in a state prison, federal prison, private
860
correctional facility, or local detention facility;
861
b. Establishes or maintains a residence in this state and
862
who has not been designated as a sexual predator by a court of
863
this state but who has been designated as a sexual predator, as a
864
sexually violent predator, or by another sexual offender
865
designation in another state or jurisdiction and was, as a result
866
of such designation, subjected to registration or community or
867
public notification, or both, or would be if the person were a
868
resident of that state or jurisdiction, without regard to whether
869
the person otherwise meets the criteria for registration as a
870
sexual offender;
871
c. Establishes or maintains a residence in this state who
872
is in the custody or control of, or under the supervision of, any
873
other state or jurisdiction as a result of a conviction for
874
committing, or attempting, soliciting, or conspiring to commit,
875
any of the criminal offenses proscribed in the following statutes
877
or s. 787.025(2)(c), where the victim is a minor and the
878
defendant is not the victim's parent or guardian; s. 794.011,
884
similar offense committed in this state which has been
885
redesignated from a former statute number to one of those listed
886
in this sub-subparagraph; or
887
d. For an offense committed on or after July 1, 2007, has
888
been adjudicated delinquent for committing, or attempting,
889
soliciting, or conspiring to commit, any of the criminal offenses
890
proscribed in the following statutes in this state or similar
891
offenses in another jurisdiction when the juvenile was 14 years
892
of age or older at the time of the offense:
894
(II) Section 800.04(4)(b) when where the victim is under 12
895
years of age or where the court finds sexual activity by the use
896
of force or by threatening or placing the victim in fear that a
897
person would be subjected to death, serious bodily injury, or
898
kidnapping coercion;
899
(III) Section 800.04(5)(c)1. where the court finds
900
molestation involving unclothed genitals; or
901
(IV) Section 800.04(5)(d) when where the court finds the
902
use of force or the victim was threatened or placed in fear that
903
a person would be subjected to death, serious bodily injury, or
904
kidnapping coercion and unclothed genitals; or.
905
e. Is released on or after July 1, 2008, from any sanction
906
as a result of a conviction for a felony offense in this state
907
and who has previously been convicted in any state or
908
jurisdiction for committing, or attempting, soliciting, or
909
conspiring to commit, any of the criminal offenses proscribed in
910
the following statutes or similar offense in another
912
victim is a minor and the defendant is not the victim's parent or
917
or s. 985.701(1); or any conviction for a similar offense
918
committed in this state which has been redesignated from a former
919
statute number to one of those listed in this sub-subparagraph.
920
This does not include a person who has been released from
921
sanctions for the previous sexual offense for 25 or more years if
922
there is no more than one prior conviction for a sexual offense
923
and if the sexual offense was not an act prohibited under any of
924
the following:
926
and the offender is not the victim's parent or guardian;
928
(10);
929
(III) Section 800.04(4)(b) when the court finds the offense
930
involved a victim under 12 years of age or sexual activity by the
931
use of force;
932
(IV) Section 800.04(5)(b);
933
(V) Section 800.04(5)(c)1. when the court finds molestation
934
involving unclothed genitals or genital area;
935
(VI) Section 800.04(5)c.2. when the court finds molestation
936
involving unclothed genitals or genital area;
937
(VII) Section 800.04(5)(d) when the court finds the use of
938
force and unclothed genitals or genital area;
939
(VIII) Any attempt or conspiracy to commit such offense;
940
(IX) A violation of a similar law of another jurisdiction;
941
or
942
(X) Any conviction for a similar offense committed in this
943
state which has been redesignated from a former statute number to
944
one of those listed in this subsection.
945
2. For all qualifying offenses listed in sub-subparagraph
946
(1)(a)1.d. or sub-subparagraph (1)(a)1.e., the court shall make a
947
written finding of the age of the offender at the time of the
948
offense.
949
950
For each violation of a qualifying offense listed in this
951
subsection, the court shall make a written finding of the age of
952
the victim at the time of the offense. For a violation of s.
953
800.04(4), the court shall additionally make a written finding
954
indicating that the offense did or did not involve sexual
955
activity, and indicating that the offense did or did not involve
956
the use of force or threatening or placing the victim in fear
957
that a person would be subjected to death, serious bodily injury,
958
or kidnapping coercion. For a violation of s. 800.04(5), the
959
court shall additionally make a written finding that the offense
960
did or did not involve unclothed genitals or genital area and
961
that the offense did or did not involve the use of force or
962
threatening or placing the victim in fear that a person would be
963
subjected to death, serious bodily injury, or kidnapping
964
coercion.
965
(b) "Convicted" means that there has been a determination
966
of guilt as a result of a trial or the entry of a plea of guilty
967
or nolo contendere, regardless of whether adjudication is
968
withheld, and includes an adjudication of delinquency of a
969
juvenile as specified in this section. Conviction of a similar
970
offense includes, but is not limited to, a conviction by a
971
federal or military tribunal, including courts-martial conducted
972
by the Armed Forces of the United States, and includes a
973
conviction or entry of a plea of guilty or nolo contendere
974
resulting in a sanction in any state of the United States or
975
other jurisdiction. A sanction includes, but is not limited to, a
976
fine, probation, community control, parole, conditional release,
977
control release, or incarceration in a state prison, federal
978
prison, private correctional facility, or local detention
979
facility.
980
(c) "Permanent residence," "transient residence," and
981
"temporary residence" have the same meaning ascribed in s.
982
983
(d) "Institution of higher education" means a career
984
center, community college, college, state university, or
985
independent postsecondary institution.
986
(e) "Change in enrollment or employment status" means the
987
commencement or termination of enrollment or employment or a
988
change in location of enrollment or employment.
989
(f) "Electronic mail address" has the same meaning as
990
provided in s. 668.602.
991
(g) "Instant message name" means an identifier that allows
992
a person to communicate in real time with another person using
993
the Internet.
994
(h) "Secondary educational institution" means any trade,
995
professional, or secondary school, including a public, private,
996
religious, denominational, parochial, or nonparochial
997
institution, attended for any purpose, including, but not limited
998
to, secular, religious, or cultural studies.
999
(2) A sexual offender shall:
1000
(a) Report in person at the sheriff's office:
1001
1. In the county in which the offender establishes or
1002
maintains a permanent, transient, or temporary residence within
1003
48 hours after:
1004
a. Establishing permanent, transient, or temporary
1005
residence in this state; or
1006
b. Being released from the custody, control, or supervision
1007
of the Department of Corrections or from the custody of a private
1008
correctional facility; or
1009
2. In the county where he or she was convicted within 48
1010
hours after being convicted for a qualifying offense for
1011
registration under this section if the offender is not in the
1012
custody or control of, or under the supervision of, the
1013
Department of Corrections, or is not in the custody of a private
1014
correctional facility.
1015
1016
Any change in the information required to be provided under
1017
paragraph (b), including, but not limited to, change in the
1018
sexual offender's permanent, transient, or temporary residence,
1019
name, any electronic mail address and any instant message name
1020
required to be provided pursuant to paragraph (4)(d), after the
1021
sexual offender reports in person at the sheriff's office, shall
1022
be accomplished in the manner provided in subsections (4), (7),
1023
and (8).
1024
(b) Provide his or her name, nicknames, pseudonyms, date of
1025
birth, any alias or false date of birth ever used, social
1026
security number, any alias or false social security numbers ever
1027
used, race, sex, height, weight, hair and eye color, physical
1028
description, including scars, tattoos, or other identifying
1029
marks, occupation and place of employment, address of permanent
1030
or legal residence or address of any current temporary or
1031
transient residence, within the state and outside the out of
1032
state, including a rural route address and a post office box, if
1033
there is no permanent or temporary address or residence, any
1034
transient residence in the state; address, location, description,
1035
and dates of any current or known future temporary residence
1036
within the state or outside state; all telephone numbers,
1037
including fixed location and cellular telephone numbers and any
1038
other designations used for routing or self-identification in
1039
telephonic communications; any electronic mail address and any
1040
instant message name required to be provided pursuant to
1041
paragraph (4)(d); date and place of any current or known future
1042
employment; volunteer, trade, or business activities, including
1043
the street address or, if no specific street address is
1044
available, the location of the employer; all professional
1045
licenses that authorize the registrant to engage in an occupation
1046
or carry out a trade or business; all driver's license and
1047
identification card numbers and identifiers; all travel and
1048
immigration documents, including passport and visa and
1049
identifying information from such documents, including, but not
1050
limited to, unique identifiers and pertinent issuance and
1051
expiration dates, location of issuance, destinations, and
1052
immigration status;, date and place of each conviction;, and a
1053
brief description of the crime or crimes committed by the
1054
offender. A post office box may shall not be provided in lieu of
1055
a physical residential address.
1056
1. If the sexual offender's place of residence is a motor
1057
vehicle, trailer, mobile home, or manufactured home, as defined
1058
in chapter 320, the sexual offender shall also provide to the
1059
department through the sheriff's office written notice of the
1060
vehicle identification number; the license tag number; the
1061
registration number; and a description, including color scheme,
1062
of the motor vehicle, trailer, mobile home, or manufactured home.
1063
If the sexual offender's place of residence is a vessel, live-
1064
aboard vessel, or houseboat, as defined in chapter 327, the
1065
sexual offender shall also provide to the department written
1066
notice of the hull identification number; the manufacturer's
1067
serial number; the name of the vessel, live-aboard vessel, or
1068
houseboat; the registration number; and a description, including
1069
color scheme, of the vessel, live-aboard vessel, or houseboat.
1070
2. If the sexual offender is or will be enrolled, employed,
1071
or carrying on a vocation at an institution of higher education
1072
or a secondary educational institution in this state, the sexual
1073
offender shall also provide to the department through the
1074
sheriff's office the name, address, and county of each
1075
institution, including each campus attended, and the sexual
1076
offender's enrollment or employment status. Each change in
1077
enrollment or employment status shall be reported in person at
1078
the sheriff's office, within 48 hours after any change in status.
1079
The sheriff shall promptly notify each institution of the sexual
1080
offender's presence and any change in the sexual offender's
1081
enrollment or employment status.
1082
3. If the sexual offender is employed, volunteers for, or
1083
carries out any trade or business, the sexual offender shall
1084
report the street address of the employer or, if no specific
1085
address is available, the location of the employer. If the sexual
1086
offender's employer lacks a fixed street address or location, the
1087
sexual offender shall report the sexual offender's probable
1088
location during the course of the business day, including normal
1089
routes or general areas, with whatever specificity is possible.
1090
Each change in the reported information required in this
1091
subparagraph must be reported in person at the sheriff's office
1092
within 48 hours after any change in status. The sheriff shall
1093
promptly notify the department of this change of the sexual
1094
offender's registration information.
1095
4. If the sexual offender owns or operates any vehicle,
1096
vessel, or aircraft for personal or business use, the sexual
1097
offender must report information regarding the vehicle, vessel,
1098
or aircraft. The information must include the license tag and
1099
registration numbers; a description of the vehicle, vessel, or
1100
aircraft, including any trade or business names or information
1101
affixed thereto; and information regarding the location where the
1102
vehicle, vessel, or aircraft is habitually parked, stored,
1103
docked, or otherwise kept if the location is different from the
1104
registrant's address. Each change in the reportable information
1105
required in this subparagraph must be reported in person at the
1106
sheriff's office within 48 hours after any change in status. The
1107
sheriff shall promptly notify the department of this change of
1108
the sexual offender's reportable information.
1109
1110
When a sexual offender reports at the sheriff's office, the
1111
sheriff shall take a photograph and a set of biometric
1112
identification information, including fingerprints and palm
1113
prints of the offender and electronically forward the photographs
1114
and biometric identification information, fingerprints to the
1115
department, along with the information provided by the sexual
1116
offender. The sheriff shall promptly provide to the department
1117
the information received from the sexual offender. A sexual
1118
offender who meets the criteria for registration as defined in
1119
this section for an offense committed on or after December 31,
1120
2008, must submit a set of palm prints during registration. The
1121
sheriff shall promptly forward the palm prints to the department
1122
in an electronic format. The department may provide the palm
1123
prints to the Federal Bureau of Investigation or other criminal
1124
justice agencies.
1125
(3) Within 48 hours after the report required under
1126
subsection (2), a sexual offender shall report in person at a
1127
driver's license office of the Department of Highway Safety and
1128
Motor Vehicles, unless a driver's license or identification card
1129
that complies with the requirements of s. 322.141(3) was
1131
the driver's license office the sexual offender shall:
1132
(a) If otherwise qualified, secure a Florida driver's
1133
license, renew a Florida driver's license, or secure an
1134
identification card. The sexual offender shall identify himself
1135
or herself as a sexual offender who is required to comply with
1136
this section and shall provide proof that the sexual offender
1137
reported as required in subsection (2). The sexual offender shall
1138
provide any of the information specified in subsection (2), if
1139
requested. The sexual offender shall submit to the taking of a
1140
photograph for use in issuing a driver's license, renewed
1141
license, or identification card, and for use by the department in
1142
maintaining current records of sexual offenders.
1143
(b) Pay the costs assessed by the Department of Highway
1144
Safety and Motor Vehicles for issuing or renewing a driver's
1145
license or identification card as required by this section. The
1146
driver's license or identification card issued must be in
1147
compliance with s. 322.141(3).
1148
(c) Provide, upon request, any additional information
1149
necessary to confirm the identity of the sexual offender,
1150
including a set of fingerprints.
1151
(4)(a) Each time a sexual offender's driver's license or
1152
identification card is subject to renewal, and, without regard to
1153
the status of the offender's driver's license or identification
1154
card, within 48 hours after any change in the offender's
1155
permanent, transient, or temporary residence or change in the
1156
offender's name by reason of marriage or other legal process, the
1157
offender shall report in person to a driver's license office, and
1158
shall be subject to the requirements specified in subsection (3).
1159
The Department of Highway Safety and Motor Vehicles shall forward
1160
to the department all photographs and information provided by
1161
sexual offenders. Notwithstanding the restrictions set forth in
1162
s. 322.142, the Department of Highway Safety and Motor Vehicles
1163
is authorized to release a reproduction of a color-photograph or
1164
digital-image license to the Department of Law Enforcement for
1165
purposes of public notification of sexual offenders as provided
1167
(b) A sexual offender who vacates a permanent or temporary
1168
residence and fails to establish or maintain another permanent or
1169
temporary residence shall, within 48 hours after vacating the
1170
permanent or temporary residence, report in person to the
1171
sheriff's office of the county in which he or she is located. The
1172
sexual offender shall specify the date upon which he or she
1173
intends to or did vacate such residence. The sexual offender must
1174
provide or update all of the registration information required
1175
under paragraph (2)(b). The sexual offender must provide an
1176
address for the residence or other place where location that he
1177
or she is or will be located occupying during the time in which
1178
he or she fails to establish or maintain a permanent or temporary
1179
residence.
1180
(c) A sexual offender who remains at a permanent or
1181
temporary residence after reporting his or her intent to vacate
1182
the such residence shall, within 48 hours after the date upon
1183
which the offender indicated he or she would or did vacate the
1184
such residence, report in person to the agency to which he or she
1185
reported pursuant to paragraph (b) for the purpose of reporting
1186
his or her address at the such residence. When the sheriff
1187
receives the report, the sheriff shall promptly convey the
1188
information to the department. An offender who makes a report as
1189
required under paragraph (b) but fails to make a report as
1190
required under this paragraph commits a felony of the second
1192
1193
(d) A sexual offender must register any electronic mail
1194
address or instant message name with the department before prior
1195
to using the such electronic mail address or instant message name
1196
on or after October 1, 2007. The department shall establish an
1197
online system through which sexual offenders may securely access
1198
and update all electronic mail address and instant message name
1199
information.
1200
(7) A sexual offender who intends to establish a permanent,
1201
temporary, or transient residence in another state or
1202
jurisdiction other than the State of Florida shall report in
1203
person to the sheriff of the county of current residence within
1204
48 hours before the date he or she intends to leave this state to
1205
establish residence in another state or jurisdiction. The
1206
notification must include the address, municipality, county, and
1207
state of intended residence. The sheriff shall promptly provide
1208
to the department the information received from the sexual
1209
offender. The department shall notify the statewide law
1210
enforcement agency, or a comparable agency, in the intended state
1211
or jurisdiction of residence of the sexual offender's intended
1212
residence. The failure of a sexual offender to provide his or her
1213
intended place of residence is punishable as provided in
1214
subsection (9).
1215
(8) A sexual offender who indicates his or her intent to
1216
reside or establish a permanent, temporary, or transient
1217
residence in another state or jurisdiction other than the State
1218
of Florida and later decides to remain in this state shall,
1219
within 48 hours after the date upon which the sexual offender
1220
indicated he or she would leave this state, report in person to
1221
the sheriff to which the sexual offender reported the intended
1222
change of permanent, temporary, or transient residence, and
1223
report his or her intent to remain in this state. The sheriff
1224
shall promptly report this information to the department. A
1225
sexual offender who reports his or her intent to reside or
1226
establish a permanent, temporary, or transient residence in
1227
another state or jurisdiction but who remains in this state
1228
without reporting to the sheriff in the manner required by this
1229
subsection commits a felony of the second degree, punishable as
1231
(10) The department, the Department of Highway Safety and
1232
Motor Vehicles, the Department of Corrections, the Department of
1233
Juvenile Justice, any law enforcement agency in this state, and
1234
the personnel of those departments; an elected or appointed
1235
official, public employee, or school administrator; or an
1236
employee, agency, or any individual or entity acting at the
1237
request or upon the direction of any law enforcement agency is
1238
immune from civil liability for damages for good faith compliance
1239
with the requirements of this section or for the release of
1240
information under this section, and shall be presumed to have
1241
acted in good faith in compiling, recording, reporting, or
1242
releasing the information. The presumption of good faith is not
1243
overcome if a technical or clerical error is made by the
1244
department, the Department of Highway Safety and Motor Vehicles,
1245
the Department of Corrections, the Department of Juvenile
1246
Justice, the personnel of those departments, or any individual or
1247
entity acting at the request or upon the direction of any of
1248
those departments in compiling or providing information, or if
1249
information is incomplete or incorrect because a sexual offender
1250
fails to report or falsely reports his or her current place of
1251
permanent, transient, or temporary residence.
1252
(11) Except as provided in s. 943.04354, a sexual offender
1253
must maintain registration with the department for the duration
1254
of his or her life, unless the sexual offender has received a
1255
full pardon or has had a conviction set aside in a postconviction
1256
proceeding for any offense that meets the criteria for
1257
classifying the person as a sexual offender for purposes of
1258
registration. However, a sexual offender:
1259
(a)1. Who has been lawfully released from confinement,
1260
supervision, or sanction, whichever is later, for at least 25
1261
years and has not been arrested for any felony or misdemeanor
1262
offense since release, provided that the sexual offender's
1263
requirement to register was not based upon an adult conviction:
1265
b. For a violation of s. 794.011, excluding ss.
1267
c. For a violation of s. 800.04(4)(b) when where the court
1268
finds the offense involved a victim under 12 years of age or
1269
sexual activity by the use of force or by threatening or placing
1270
the victim in fear that a person would be subjected to death,
1271
serious bodily injury, or kidnapping coercion;
1272
d. For a violation of s. 800.04(5)(b);
1273
e. For a violation of s. 800.04(5)c.2. where the court
1274
finds the offense involved unclothed genitals or genital area;
1275
f. For any attempt or conspiracy to commit any such
1276
offense; or
1277
g. For a violation of similar law of another jurisdiction;
1278
or
1279
h. For any conviction for a similar offense committed in
1280
this state which has been redesignated from a former statute
1281
number to one of those listed in this subsection,
1282
1283
may petition the criminal division of the circuit court of the
1284
circuit in which the sexual offender resides for the purpose of
1285
removing the requirement for registration as a sexual offender.
1286
2. The court may grant or deny relief if the offender
1287
demonstrates to the court that he or she has not been arrested
1288
for any crime since release; the requested relief complies with
1289
the provisions of the federal Adam Walsh Child Protection and
1290
Safety Act of 2006 and any other federal standards applicable to
1291
the removal of registration requirements for a sexual offender or
1292
required to be met as a condition for the receipt of federal
1293
funds by the state; and the court is otherwise satisfied that the
1294
offender is not a current or potential threat to public safety.
1295
The state attorney in the circuit in which the petition is filed
1296
must be given notice of the petition at least 3 weeks before the
1297
hearing on the matter. The state attorney may present evidence in
1298
opposition to the requested relief or may otherwise demonstrate
1299
the reasons why the petition should be denied. If the court
1300
denies the petition, the court may set a future date at which the
1301
sexual offender may again petition the court for relief, subject
1302
to the standards for relief provided in this subsection.
1303
3. The department shall remove an offender from
1304
classification as a sexual offender for purposes of registration
1305
if the offender provides to the department a certified copy of
1306
the court's written findings or order that indicates that the
1307
offender is no longer required to comply with the requirements
1308
for registration as a sexual offender.
1309
(14)
1310
(b) However, a sexual offender who is required to register
1311
as a result of a conviction under for:
1313
and the offender is not the victim's parent or guardian;
1315
794.011(10);
1316
3. Section 800.04(4)(b) when where the court finds the
1317
offense involved a victim under 12 years of age or sexual
1318
activity by the use of force or by threatening or placing the
1319
victim in fear that a person would be subjected to death, serious
1320
bodily injury, or kidnapping coercion;
1321
4. Section 800.04(5)(b);
1322
5. Section 800.04(5)(c)1. where the court finds molestation
1323
involving unclothed genitals or genital area;
1324
6. Section 800.04(5)c.2. where the court finds molestation
1325
involving unclothed genitals or genital area;
1326
7. Section 800.04(5)(d) when where the court finds the use
1327
of force or the victim was threatened or placed in fear that a
1328
person would be subjected to death, serious bodily injury, or
1329
kidnapping coercion and unclothed genitals or genital area;
1330
8. Any attempt or conspiracy to commit such offense; or
1331
9. A violation of a similar law of another jurisdiction; or
1332
10. Any conviction for a similar offense committed in this
1333
state which has been redesignated from a former statute number to
1334
one of those listed in this subsection,
1335
1336
must reregister each year during the month of the sexual
1337
offender's birthday and every third month thereafter.
1338
(c) The sheriff's office may determine the appropriate
1339
times and days for reporting by the sexual offender, which shall
1340
be consistent with the reporting requirements of this subsection.
1341
Reregistration shall include any changes to the following
1342
information:
1343
1. Name; nicknames; pseudonyms; social security number; any
1344
alias or false social security numbers ever used; age; race; sex;
1345
date of birth; any alias or false date of birth ever used;
1346
height; weight; hair and eye color; physical description
1347
including scars, marks, and tattoos; address of any permanent
1348
residence and address of any current temporary residence, within
1349
the state or outside the out of state, including a rural route
1350
address and a post office box; if there is no permanent or
1351
temporary address, any transient residence in the state; address,
1352
location, description, and dates of any current or known future
1353
temporary residence both within the state and outside the state;
1354
any electronic mail address and any instant message name required
1355
to be provided pursuant to paragraph (4)(d); all telephone
1356
numbers, including fixed location and cellular telephone numbers
1357
and any other designations used for routing or self-
1358
identification in telephonic communications; date and place of
1359
any current or known future employment; volunteer, trade, or
1360
business activities, including the street address or, if no
1361
specific street address is available, the location of the
1362
employer; all professional licenses that authorize the registrant
1363
to engage in an occupation or carry out a trade or business; all
1364
driver's license and identification card numbers and identifiers;
1365
all travel and immigration documents, including passport and visa
1366
identifying information from such documents, including, but not
1367
limited to, unique identifiers and pertinent issuance and
1368
expiration dates, location of issuance, destinations, and
1369
immigration status; any owned or operated vehicle, vessel, or
1370
aircraft; a description of the make, model, color, and the
1371
license tag number and registration, a description of any trade
1372
or business names or information affixed thereto, and other
1373
identifier; information regarding the place or places where the
1374
vehicle, vessel, or aircraft is habitually parked, docked,
1375
stored, or otherwise kept if the location is different from the
1376
registrant's address; biometric identification information,
1377
including fingerprints and palm prints; and photograph. A post
1378
office box may shall not be provided in lieu of a physical
1379
residential address. On or after December 31, 2008, and by July
1380
1, 2009, unless previously submitted as part of registration or
1382
or s. 985.4815, a sexual offender shall submit palm prints during
1383
the month of his or her reregistration as required under s.
1385
promptly forward the palm prints to the department in an
1386
electronic format. The department may provide the palm prints to
1387
the Federal Bureau of Investigation or other criminal justice
1388
agencies.
1389
2. If the sexual offender is or will be enrolled, employed,
1390
or carrying on a vocation at an institution of higher education
1391
or a secondary educational institution in this state, the sexual
1392
offender shall also provide to the department the name, address,
1393
and county of each institution, including each campus attended,
1394
and the sexual offender's enrollment or employment status.
1395
3. If the sexual offender's place of residence is a motor
1396
vehicle, trailer, mobile home, or manufactured home, as defined
1397
in chapter 320, the sexual offender shall also provide the
1398
vehicle identification number; the license tag number; the
1399
registration number; and a description, including color scheme,
1400
of the motor vehicle, trailer, mobile home, or manufactured home.
1401
If the sexual offender's place of residence is a vessel, live-
1402
aboard vessel, or houseboat, as defined in chapter 327, the
1403
sexual offender shall also provide the hull identification
1404
number; the manufacturer's serial number; the name of the vessel,
1405
live-aboard vessel, or houseboat; the registration number; and a
1406
description, including color scheme, of the vessel, live-aboard
1407
vessel or houseboat.
1408
4. Any sexual offender who fails to report in person as
1409
required at the sheriff's office, or who fails to respond to any
1410
address verification correspondence from the department within 3
1411
weeks of the date of the correspondence or who fails to report
1412
electronic mail addresses or instant message names, or knowingly
1413
provides false information, commits a felony of the third degree,
1415
Section 3. Section 943.04355, Florida Statutes, is created
1416
to read:
1417
943.04355 Registration of sexual offenders on Native
1418
American reservations.--Pursuant to s. 285.16 and s. 127 of the
1419
federal Sex Offender Registration Act of 2006, the department,
1420
with the cooperation of local law enforcement agencies, may
1421
assume the duties and functions of registering sexual offenders
1422
and notifying the community as such duties and functions relate
1423
to registrants under the jurisdiction of any federally recognized
1424
Native American tribe that maintains a reservation or tribal
1425
property in the state.
1426
Section 4. Subsection (1) and paragraph (a) of subsection
1427
(3) of section 944.606, Florida Statutes, are amended to read:
1428
944.606 Sexual offenders; notification upon release.--
1429
(1) As used in this section, the term:
1430
(a) "Convicted" means there has been a determination of
1431
guilt as a result of a trial or the entry of a plea of guilty or
1432
nolo contendere, regardless of whether adjudication is withheld.
1433
A conviction for a similar offense includes, but is not limited
1434
to, a conviction by a federal or military tribunal, including
1435
courts-martial conducted by the Armed Forces of the United
1436
States, and includes a conviction or entry of a plea of guilty or
1437
nolo contendere resulting in a sanction in any state of the
1438
United States or other jurisdiction. A sanction includes, but is
1439
not limited to, a fine; probation; community control; parole;
1440
conditional release; control release; or incarceration in a state
1441
prison, federal prison, private correctional facility, or local
1442
detention facility.
1443
(b) "Sexual offender" means a person who:
1444
1. Has been convicted of committing, or attempting,
1445
soliciting, or conspiring to commit, any of the criminal offenses
1446
proscribed in the following statutes in this state or similar
1448
787.025(2)(c), when where the victim is a minor and the defendant
1449
is not the victim's parent or guardian; s. 794.011, excluding s.
1451
felony offense under s. 810.145, when the victim is a minor, s.
1454
985.701(1); or any conviction for a similar offense committed in
1455
this state which has been redesignated from a former statute
1456
number to one of those listed in this subsection, when the
1457
department has received verified information regarding such
1458
conviction; an offender's computerized criminal history record is
1459
not, in and of itself, verified information.
1460
2. As of July 1, 2008, is currently incarcerated or serving
1461
any sanction as a result of a conviction for a criminal offense
1462
in this state and who has previously been convicted in any state
1463
or jurisdiction for committing, or attempting, soliciting, or
1464
conspiring to commit, any of the criminal offenses proscribed in
1465
the following statutes or similar offense in another
1467
victim is a minor and the defendant is not the victim's parent or
1473
offense committed in this state which has been redesignated from
1474
a former statute number to one of those listed in this
1475
subparagraph. This does not include persons who have been
1476
released from sanctions for the previous sexual offense for 25 or
1477
more years if there is no more than one prior sexual offense
1478
conviction and if the sexual offense was not an act prohibited
1479
under any of the following:
1481
and the offender is not the victim's parent or guardian;
1483
794.011(10);
1484
c. Section 800.04(4)(b) when the court finds the offense
1485
involved a victim under 12 years of age or sexual activity by the
1486
use of force;
1487
d. Section 800.04(5)(b);
1488
e. Section 800.04(5)(c)1. when the court finds molestation
1489
involving unclothed genitals or genital area;
1490
f. Section 800.04(5)c.2. when the court finds molestation
1491
involving unclothed genitals or genital area;
1492
g. Section 800.04(5)(d) when the court finds the use of
1493
force and unclothed genitals or genital area;
1494
h. Any attempt or conspiracy to commit such offense;
1495
i. A violation of a similar law of another jurisdiction; or
1496
j. Any conviction for a similar offense committed in this
1497
state which has been redesignated from a former statute number to
1498
one of those listed in this subparagraph.
1499
(c) "Electronic mail address" has the same meaning as
1500
provided in s. 668.602.
1501
(d) "Instant message name" means an identifier that allows
1502
a person to communicate in real time with another person using
1503
the Internet.
1504
(3)(a) The department must provide information regarding
1505
any sexual offender who is being released after serving a period
1506
of incarceration for any offense, as follows:
1507
1. The department must provide: the sexual offender's name,
1508
any change in the offender's name by reason of marriage or other
1509
legal process, and any alias, if known; any nicknames or
1510
pseudonyms, if known; the correctional facility from which the
1511
sexual offender is released; the sexual offender's social
1512
security number, any alias or false social security numbers ever
1513
used, race, sex, date of birth, height, weight, and hair and eye
1514
color; physical description, including scars, marks, and tattoos;
1515
address of any planned permanent residence or temporary
1516
residence, in the state or outside the state, including a rural
1517
route address and a post office box; if there is no permanent or
1518
temporary address, any transient residence in the state; address,
1519
location, or description and dates of any known future temporary
1520
residence in the state or outside the state; all telephone
1521
numbers, including fixed location and cellular telephone numbers
1522
and any other designations used for routing or self-
1523
identification in telephonic communications; date and place of
1524
any current or known future employment; volunteer, trade, or
1525
business activities, including the street address or, if no
1526
specific street address is available, the location of the
1527
employer; all professional licenses that authorize the registrant
1528
to engage in an occupation or carry out a trade or business; all
1529
driver's license and identification card numbers and identifiers;
1530
all travel and immigration documents, including passport and visa
1531
and identifying information from such documents, including, but
1532
not limited to, unique identifiers and pertinent issue and
1533
expiration dates, location of issuance, destinations, and
1534
immigration status; date and county of sentence and each crime
1535
for which the offender was sentenced; a copy of the offender's
1536
fingerprints and a digitized photograph taken within 60 days
1537
before release; the date of release of the sexual offender; any
1538
electronic mail address and any instant message name required to
1539
be provided pursuant to s. 943.0435(4)(d); and the offender's
1540
intended residence address, if known. The department shall notify
1541
the Department of Law Enforcement if the sexual offender escapes,
1542
absconds, or dies. If the sexual offender is in the custody of a
1543
private correctional facility, the facility shall take the
1544
digitized photograph of the sexual offender within 60 days before
1545
the sexual offender's release and provide this photograph to the
1546
Department of Corrections and also place it in the sexual
1547
offender's file. If the sexual offender is in the custody of a
1548
local jail, the custodian of the local jail shall electronically
1549
register the offender within 3 business days after intake of the
1550
offender for any reason and upon release, and shall notify the
1551
Department of Law Enforcement of the sexual offender's release
1552
and provide to the Department of Law Enforcement the information
1553
specified in this paragraph and any information specified in
1554
subparagraph 2. that the Department of Law Enforcement requests.
1555
2. The department may provide any other information deemed
1556
necessary, including criminal and corrections records,
1557
nonprivileged personnel and treatment records, when available.
1558
Section 5. Paragraph (a) of subsection (1) and subsections
1559
(4), (6), (7), (11), and (13) of section 944.607, Florida
1560
Statutes, are amended, and paragraph (g) is added to subsection
1561
(1) of that section, to read:
1562
944.607 Notification to Department of Law Enforcement of
1563
information on sexual offenders.--
1564
(1) As used in this section, the term:
1565
(a) "Sexual offender" means a person who is in the custody
1566
or control of, or under the supervision of, the department or is
1567
in the custody of a private correctional facility:
1568
1. On or after October 1, 1997, as a result of a conviction
1569
for committing, or attempting, soliciting, or conspiring to
1570
commit, any of the criminal offenses proscribed in the following
1571
statutes in this state or similar offenses in another
1573
the victim is a minor and the defendant is not the victim's
1579
985.701(1); or any conviction for a similar offense committed in
1580
this state which has been redesignated from a former statute
1581
number to one of those listed in this paragraph; or
1582
2. Who establishes or maintains a residence in this state
1583
and who has not been designated as a sexual predator by a court
1584
of this state but who has been designated as a sexual predator,
1585
as a sexually violent predator, or by another sexual offender
1586
designation in another state or jurisdiction and was, as a result
1587
of such designation, subjected to registration or community or
1588
public notification, or both, or would be if the person were a
1589
resident of that state or jurisdiction, without regard as to
1590
whether the person otherwise meets the criteria for registration
1591
as a sexual offender; or.
1592
3. Who as of July 1, 2008, is currently incarcerated or
1593
serving any sanction as a result of a conviction for a criminal
1594
offense in this state and who has previously been convicted in
1595
any state or jurisdiction for committing, or attempting,
1596
soliciting, or conspiring to commit, any of the criminal offenses
1597
proscribed in the following statutes or a similar offense in
1599
when the victim is a minor and the defendant is not the victim's
1605
similar offense committed in this state which has been
1606
redesignated from a former statute number to one of those listed
1607
in this subparagraph. This subparagraph does not include persons
1608
who have been released from sanctions for the previous sexual
1609
offense for 25 or more years if there is no more than one prior
1610
sexual offense conviction and if the sexual offense was not an
1611
act prohibited under any of the following:
1613
and the offender is not the victim's parent or guardian;
1615
(10);
1616
c. Section 800.04(4)(b) when the court finds the offense
1617
involved a victim under 12 years of age or sexual activity by the
1618
use of force;
1619
d. Section 800.04(5)(b);
1620
e. Section 800.04(5)(c)1. when the court finds molestation
1621
involving unclothed genitals or genital area;
1622
f. Section 800.04(5)c.2. when the court finds molestation
1623
involving unclothed genitals or genital area;
1624
g. Section 800.04(5)(d) when the court finds the use of
1625
force and unclothed genitals or genital area;
1626
h. Any attempt or conspiracy to commit such offense;
1627
i. A violation of a similar law of another jurisdiction; or
1628
j. Any conviction for a similar offense committed in this
1629
state which has been redesignated from a former statute number to
1630
one of those listed in this subsection.
1631
(g) "Secondary educational institution" means any trade,
1632
professional, or secondary school, including a public, private,
1633
religious, denominational, parochial, or nonparochial
1634
institution, attended for any purpose, including, but not limited
1635
to, secular, religious, or cultural studies.
1636
(4) A sexual offender, as described in this section, who is
1637
under the supervision of the Department of Corrections but is not
1638
incarcerated must register with the Department of Corrections
1639
within 3 business days after sentencing for a registerable
1640
offense and otherwise provide information as required by this
1641
subsection.
1642
(a) The sexual offender shall provide his or her name;
1643
nicknames; pseudonyms; date of birth; any alias or false date of
1644
birth ever used; social security number; race; sex; height;
1645
weight; hair and eye color; physical description, including
1646
tattoos or other identifying marks or scars; any electronic mail
1647
address and any instant message name required to be provided
1648
pursuant to s. 943.0435(4)(d); all telephone numbers, including
1649
fixed location and cellular telephone numbers and any other
1650
designations used for routing or self-identification in
1651
telephonic communications; and permanent or legal residence and
1652
address of temporary residence within the state or outside the
1653
out of state while the sexual offender is under supervision in
1654
this state, including any rural route address or post office box;
1655
if there is no permanent or temporary address, any transient
1656
residence in the state; the address, location, or description and
1657
dates of any current or known future temporary residence in the
1658
state or outside the state; date and place of any current or
1659
known future employment; volunteer, trade, or business
1660
activities, including the street address or, if no specific
1661
street address is available, the location of the employer; all
1662
professional licenses that authorize the registrant to engage in
1663
an occupation or carry out a trade or business; all driver's
1664
license and identification card numbers and identifiers; and all
1665
travel and immigration documents, including passport and visa and
1666
identifying information from such documents, including, but not
1667
limited to, unique identifiers and pertinent issue and expiration
1668
dates, location of issuance, destinations, and immigration
1669
status. The Department of Corrections shall verify the address of
1670
each sexual offender in the manner described in ss. 775.21 and
1671
943.0435. The department shall report to the Department of Law
1672
Enforcement any failure by a sexual predator or sexual offender
1673
to comply with registration requirements.
1674
(b) If the sexual offender is or will be enrolled,
1675
employed, or carrying on a vocation at an institution of higher
1676
education or a secondary educational institution in this state,
1677
the sexual offender shall provide the name, address, and county
1678
of each institution, including each campus attended, and the
1679
sexual offender's enrollment or employment status. Each change in
1680
enrollment or employment status shall be reported to the
1681
department within 48 hours after the change in status. The
1682
Department of Corrections shall promptly notify each institution
1683
of the sexual offender's presence and any change in the sexual
1684
offender's enrollment or employment status.
1685
(c) If the sexual offender is employed, volunteers, or
1686
carries out any trade or business, the sexual offender shall
1687
report the street address or, if no specific street address is
1688
available, the location of the predator's employer. If the sexual
1689
offender's employer lacks a fixed street address or location, the
1690
sexual offender shall report the sexual offender's probable
1691
location during the business day, including the normal routes or
1692
general areas, with whatever specificity is possible. Each change
1693
in the reportable information required in this paragraph must be
1694
reported in person at the department within 48 hours after any
1695
change in status. The department shall promptly notify the
1696
Department of Law Enforcement of this change of the sexual
1697
offender's reportable information.
1698
(d) If the sexual offender owns or operates any vehicle,
1699
vessel, or aircraft for personal or business use, the sexual
1700
offender shall report information regarding the vehicle, vessel,
1701
or aircraft, including license tag and registration numbers; a
1702
description of the vehicle, vessel, or aircraft, including the
1703
trade or business names or information affixed thereto; and
1704
information regarding the place or places where the vehicle,
1705
vessel, or aircraft is habitually parked, docked, stored, or
1706
otherwise kept if the location is different from the registrant's
1707
address. Each change in the reportable information required in
1708
this paragraph must be reported in person at the department
1709
within 48 hours after any change in status. The department shall
1710
promptly notify the Department of Law Enforcement of this change
1711
of the sexual offender's reportable information.
1712
(6) The information provided to the Department of Law
1713
Enforcement must include:
1714
(a) The information obtained from the sexual offender under
1715
subsection (4);
1716
(b) The sexual offender's most current address and place of
1717
permanent, transient, or and temporary residence within the state
1718
or outside the out of state; the address, location, or
1719
description and dates of any current or known future temporary
1720
residence in the state or outside the state while the sexual
1721
offender is under supervision in this state, including the name
1722
of the county or municipality in which the offender permanently
1723
or temporarily resides; the address, location, or description and
1724
dates of any current or known future temporary residence in the
1725
state or outside the state; and, if known, the intended place of
1726
permanent or temporary residence or transient residence, and
1727
address, location, or description and dates of any current or
1728
known future temporary residence in the state or outside the
1729
state upon satisfaction of all sanctions;
1730
(c) The legal status of the sexual offender and the
1731
scheduled termination date of that legal status;
1732
(d) The location of, and local telephone number for, any
1733
Department of Corrections' office that is responsible for
1734
supervising the sexual offender;
1735
(e) An indication of whether the victim of the offense that
1736
resulted in the offender's status as a sexual offender was a
1737
minor;
1738
(f) The offense or offenses at conviction which resulted in
1739
the determination of the offender's status as a sex offender; and
1740
(g) A digitized photograph of the sexual offender which
1741
must have been taken within 60 days before the offender is
1742
released from the custody of the department or a private
1743
correctional facility by expiration of sentence under s. 944.275
1744
or must have been taken by January 1, 1998, or within 60 days
1745
after the onset of the department's supervision of any sexual
1746
offender who is on probation, community control, conditional
1747
release, parole, provisional release, or control release or who
1748
is supervised by the department under the Interstate Compact
1749
Agreement for Probationers and Parolees. If the sexual offender
1750
is in the custody of a private correctional facility, the
1751
facility shall take a digitized photograph of the sexual offender
1752
within the time period provided in this paragraph and shall
1753
provide the photograph to the department.
1754
1755
If any information provided by the department changes during the
1756
time the sexual offender is under the department's control,
1757
custody, or supervision, including any change in the offender's
1758
name by reason of marriage or other legal process, the department
1759
shall, in a timely manner, update the information and provide it
1760
to the Department of Law Enforcement in the manner prescribed in
1761
subsection (2).
1762
(7) If the sexual offender is in the custody of a local
1763
jail, the custodian of the local jail shall electronically
1764
register the offender within 3 business days after intake of the
1765
offender for any reason and upon release, and shall forward the
1766
information to the Department of Law Enforcement. The custodian
1767
of the local jail shall also take a digitized photograph of the
1768
sexual offender while the offender remains in custody and shall
1769
provide the digitized photograph to the Department of Law
1770
Enforcement.
1771
(11) The department, the Department of Highway Safety and
1772
Motor Vehicles, the Department of Law Enforcement, the Department
1773
of Corrections, the Department of Juvenile Justice, personnel of
1774
those departments, and any individual or entity acting at the
1775
request or upon the direction of those departments are immune
1776
from civil liability for damages for good faith compliance with
1777
this section, and shall be presumed to have acted in good faith
1778
in compiling, recording, reporting, or providing information. The
1779
presumption of good faith is not overcome if technical or
1780
clerical errors are made by the department, the Department of
1781
Highway Safety and Motor Vehicles, the Department of Law
1782
Enforcement, the Department of Juvenile Justice, personnel of
1783
those departments, or any individual or entity acting at the
1784
request or upon the direction of those departments in compiling,
1785
recording, reporting, or providing information, or, if the
1786
information is incomplete or incorrect because the information
1787
has not been provided by a person or agency required to provide
1788
the information, or because the information was not reported or
1789
was falsely reported.
1790
(13)(a) A sexual offender must report in person each year
1791
during the month of the sexual offender's birthday and during the
1792
sixth month following the sexual offender's birth month to the
1793
sheriff's office in the county in which he or she resides or is
1794
otherwise located to reregister.
1795
(b) However, a sexual offender who is required to register
1796
as a result of a conviction for an act prohibited under:
1798
and the offender is not the victim's parent or guardian;
1800
794.011(10);
1801
3. Section 800.04(4)(b) when where the victim is under 12
1802
years of age or where the court finds sexual activity by the use
1803
of force or threatening or placing the victim in fear that a
1804
person would be subjected to death, serious bodily injury, or
1805
kidnapping coercion;
1806
4. Section 800.04(5)(b);
1807
5. Section 800.04(5)(c)1. where the court finds molestation
1808
involving unclothed genitals or genital area;
1809
6. Section 800.04(5)c.2. where the court finds molestation
1810
involving unclothed genitals or genital area;
1811
7. Section 800.04(5)(d) when where the court finds the use
1812
of force or the victim was threatened or placed in fear that a
1813
person would be subjected to death, serious bodily injury, or
1814
kidnapping coercion and unclothed genitals or genital area;
1815
8. Any attempt or conspiracy to commit such offense; or
1816
9. A violation of a similar law of another jurisdiction; or
1817
10. Any conviction for a similar offense committed in this
1818
state which has been redesignated from a former statute number to
1819
one of those listed in this subsection,
1820
1821
must reregister each year during the month of the sexual
1822
offender's birthday and every third month thereafter.
1823
(c) The sheriff's office may determine the appropriate
1824
times and days for reporting by the sexual offender, which shall
1825
be consistent with the reporting requirements of this subsection.
1826
Reregistration shall include any changes to the following
1827
information:
1828
1. Name; nicknames; pseudonyms; social security number; any
1829
alias or false social security numbers ever used; age; race; sex;
1830
date of birth; height; weight; hair and eye color; physical
1831
description, including scars, marks, and tattoos; address of any
1832
permanent residence and address of any current temporary
1833
residence, within the state or outside the out of state,
1834
including a rural route address and a post office box; if there
1835
is no permanent or temporary address, any transient residence;
1836
the address, location, description, and dates of any current or
1837
known future temporary residence both in the state and outside
1838
state; any electronic mail address and any instant message name
1839
required to be provided pursuant to s. 943.0435(4)(d); all
1840
telephone numbers, including fixed location and cellular
1841
telephone numbers and any other designations used for routing or
1842
self-identification in telephonic communications; date and place
1843
of any current or known future employment; volunteer, trade, or
1844
business activities, including the street address or, if no
1845
specific street address is available, the location of the
1846
employer; all professional licenses that authorize the registrant
1847
to engage in an occupation or carry out a trade or business; all
1848
driver's license and identification card numbers and identifiers;
1849
all travel and immigration documents, including passport and visa
1850
identifying information from such documents, including, but not
1851
limited to, unique identifiers and pertinent issuance and
1852
expiration dates, location of issuance, destinations, and
1853
immigration status; any owned or operated vehicle, vessel, or
1854
aircraft; a description of the make, model, color, and license
1855
tag number and registration, a description of the vehicle,
1856
vessel, or aircraft, including trade or business names or
1857
information affixed thereto, and information regarding the place
1858
or places where the vehicle, vessel, or aircraft is habitually
1859
parked, docked, stored, or otherwise kept if the location is
1860
different from the registrant's address; biometric identification
1861
information, including fingerprints and palm prints;
1862
fingerprints; and photograph. A post office box may shall not be
1863
provided in lieu of a physical residential address.
1864
2. If the sexual offender is or will be enrolled, employed,
1865
or carrying on a vocation at an institution of higher education
1866
or a secondary educational institution in this state, the sexual
1867
offender shall also provide to the department the name, address,
1868
and county of each institution, including each campus attended,
1869
and the sexual offender's enrollment or employment status.
1870
3. If the sexual offender's place of residence is a motor
1871
vehicle, trailer, mobile home, or manufactured home, as defined
1872
in chapter 320, the sexual offender shall also provide the
1873
vehicle identification number; the license tag number; the
1874
registration number; and a description, including color scheme,
1875
of the motor vehicle, trailer, mobile home, or manufactured home.
1876
If the sexual offender's place of residence is a vessel, live-
1877
aboard vessel, or houseboat, as defined in chapter 327, the
1878
sexual offender shall also provide the hull identification
1879
number; the manufacturer's serial number; the name of the vessel,
1880
live-aboard vessel, or houseboat; the registration number; and a
1881
description, including color scheme, of the vessel, live-aboard
1882
vessel or houseboat.
1883
4. Any sexual offender who fails to report in person as
1884
required at the sheriff's office, or who fails to respond to any
1885
address verification correspondence from the department within 3
1886
weeks of the date of the correspondence, or who fails to report
1887
electronic mail addresses or instant message names, or knowingly
1888
provides false information, commits a felony of the third degree,
1890
5. If the sexual offender is employed, volunteers, or
1891
carries out any trade or business, the sexual offender shall
1892
report the street address or, if no specific street address is
1893
available, the location of the employer. If the sexual offender's
1894
employer lacks a fixed street address or location, the sexual
1895
offender shall report the sexual offender's probable location
1896
during the course of the business day, including the normal
1897
routes or general areas, with whatever specificity is possible.
1898
Each change in the reportable information required in this
1899
subparagraph shall be reported in person at the sheriff's office
1900
within 48 hours after any change in status. The sheriff shall
1901
promptly notify the Department of Law Enforcement of this change
1902
of the sexual offender's reportable information.
1903
6. If the sexual offender owns or operates a vehicle,
1904
vessel, or aircraft for personal or business use, the sexual
1905
offender shall register information regarding the vehicle,
1906
vessel, or aircraft, including the license tag and registration
1907
numbers, a description of the vehicle, vessel, or aircraft,
1908
including any trade or business names or information affixed
1909
thereto, and information regarding the place or places where the
1910
vehicle, vessel, or aircraft is habitually parked, docked,
1911
stored, or otherwise kept if the location is different from the
1912
registrant's address. Each change in the reportable information
1913
required in this paragraph must be reported in person at the
1914
sheriff's office within 48 hours after any change in status. The
1915
sheriff shall promptly notify the Department of Law Enforcement
1916
of this change of the sexual offender's reportable information.
1917
7. Each sexual offender who meets the criteria for
1918
registration as defined in this section for a conviction of an
1919
offense on or after December 31, 2008, must submit a set of palm
1920
prints during registration. On or after December 31, 2008, and by
1921
July 1, 2009, unless previously submitted as part of registration
1922
or reregistration as required under s. 943.0435(14), s.
1924
prints during the month of his or her reregistration as required
1926
sheriff shall promptly provide the palm prints to the department
1927
in an electronic format. The department may provide the palm
1928
prints to the Federal Bureau of Investigation or other criminal
1929
justice agencies.
1930
(d) The sheriff's office shall, within 2 working days,
1931
electronically submit and update all information provided by the
1932
sexual offender to the Department of Law Enforcement in a manner
1933
prescribed by that department.
1934
Section 6. Paragraph (a) of subsection (3) of section
1935
985.481, Florida Statutes, is amended to read:
1936
985.481 Sexual offenders adjudicated delinquent;
1937
notification upon release.--
1938
(3)(a) The department must provide information regarding
1939
any sexual offender who is being released after serving a period
1940
of residential commitment under the department for any offense,
1941
as follows:
1942
1. The department must provide the sexual offender's name,
1943
any change in the offender's name by reason of marriage or other
1944
legal process, and any alias, if known; any nicknames or
1945
pseudonyms, if known; the correctional facility from which the
1946
sexual offender is released; the sexual offender's social
1947
security number, and any alias or false social security numbers
1948
ever used; race, sex, date of birth, height, weight, and hair and
1949
eye color; physical description, including scars, marks, and
1950
tattoos; address of any planned permanent residence or temporary
1951
residence, in the state or outside the state, including a rural
1952
route address and a post office box; if there is no permanent or
1953
temporary address, any transient residence in the state; the
1954
address, location, description, and dates of any known future
1955
temporary residence in the state or outside the state; all
1956
telephone numbers, including fixed location and cellular
1957
telephone numbers and any other designations used for routing or
1958
self-identification in telephonic communications; date and place
1959
of any current or known future employment; volunteer, trade, or
1960
business activities, including the street address or, if no
1961
specific street address is available, the location of the
1962
juvenile sexual offender's employer; all professional licenses
1963
that authorize the registrant to engage in an occupation or carry
1964
out a trade or business; all driver's license and identification
1965
card numbers and identifiers; all travel and immigration
1966
documents, including passport and visa and identifying
1967
information from the documents, including, but not limited to,
1968
unique identifiers and pertinent issue and expiration dates,
1969
location of issuance, destinations, and immigration status; date
1970
and county of disposition and each crime for which there was a
1971
disposition; a copy of the offender's fingerprints and a
1972
digitized photograph taken within 60 days before release; the
1973
date of release of the sexual offender; and the offender's
1974
intended residence address, if known. The department shall notify
1975
the Department of Law Enforcement if the sexual offender escapes,
1976
absconds, or dies. If the sexual offender is in the custody of a
1977
private correctional facility, the facility shall take the
1978
digitized photograph of the sexual offender within 60 days before
1979
the sexual offender's release and also place it in the sexual
1980
offender's file. If the sexual offender is in the custody of a
1981
local jail, the custodian of the local jail shall electronically
1982
register the offender within 3 business days after intake of the
1983
offender for any reason and upon release, and shall notify the
1984
Department of Law Enforcement of the sexual offender's release
1985
and provide to the Department of Law Enforcement the information
1986
specified in this subparagraph and any information specified in
1987
subparagraph 2. which the Department of Law Enforcement requests.
1988
2. The department may provide any other information
1989
considered necessary, including criminal and delinquency records,
1990
when available.
1991
Section 7. Paragraph (e) is added to subsection (1) of
1992
section 985.4815, Florida Statutes, and subsection (4), paragraph
1993
(a) of subsection (6), subsection (7), and paragraph (b) of
1994
subsection (13) of that section are amended, to read:
1995
985.4815 Notification to Department of Law Enforcement of
1996
information on juvenile sexual offenders.--
1997
(1) As used in this section, the term:
1998
(e) "Secondary educational institution" means any trade,
1999
professional, or secondary school, including public, private,
2000
religious, denominational, parochial, or nonparochial
2001
institutions, attended for any purpose, including, but not
2002
limited to, secular, religious, or cultural studies.
2003
(4) A sexual offender, as described in this section, who is
2004
under the supervision of the department but who is not committed
2005
must register with the department within 3 business days after
2006
adjudication and disposition for a registrable offense and
2007
otherwise provide information as required by this subsection.
2008
(a) The sexual offender shall provide his or her name;
2009
nicknames; pseudonyms; date of birth; social security number; any
2010
alias or false social security numbers ever used; race; sex;
2011
height; weight; hair and eye color; physical description
2012
including scars, tattoos, or other identifying marks; any
2013
electronic mail address and any instant message name required to
2014
be provided pursuant to s. 943.0435(4)(d); all telephone numbers,
2015
including fixed location and cellular telephone numbers and any
2016
other designations used for purposes of routing or self-
2017
identification in telephonic communications; and permanent or
2018
legal residence and address of temporary residence within the
2019
state or outside the out of state while the sexual offender is in
2020
the care or custody or under the jurisdiction or supervision of
2021
the department in this state, including any rural route address
2022
or post office box, if there is no permanent or temporary
2023
address, any transient residence; the address or location,
2024
description, and dates of any current or known future temporary
2025
residence in the state or outside the state; date and place of
2026
any current or known future employment; volunteer, trade, or
2027
business activities, including the street address or, if no
2028
specific street address is available, the location of the
2029
employer; all professional licenses that authorize the registrant
2030
to engage in an occupation or carry out a trade or business; all
2031
driver's license and identification card numbers and identifiers;
2032
all travel and immigration documents, including passport and visa
2033
and identifying information from such documents, including, but
2034
not limited to, unique identifiers and pertinent issue and
2035
expiration dates, location of issuance, destinations, and
2036
immigration status; and the name and address of each school
2037
attended. The department shall verify the address of each sexual
2038
offender and shall report to the Department of Law Enforcement
2039
any failure by a sexual offender to comply with registration
2040
requirements.
2041
(b) If the sexual offender is or will be enrolled,
2042
employed, or carrying on a vocation at an institution of higher
2043
education or a secondary educational institution in this state,
2044
the sexual offender shall provide the name, address, and county
2045
of each institution, including each campus attended, and the
2046
sexual offender's enrollment or employment status. Each change in
2047
enrollment or employment status shall be reported to the
2048
department within 48 hours after the change in status. The
2049
department shall promptly notify each institution of the sexual
2050
offender's presence and any change in the sexual offender's
2051
enrollment or employment status.
2052
(c) If the sexual offender is employed, volunteers, or
2053
carries out any trade or business, the sexual offender shall
2054
register the street address or, if no specific street address is
2055
available, the location of the employer. If the employer of the
2056
sexual offender lacks a fixed business address or location, the
2057
sexual offender shall report the sexual offender's probable
2058
location during the course of the business day, including the
2059
normal routes or general areas, with whatever specifity is
2060
possible. Each change in the reportable information required in
2061
this paragraph must be reported in person at the department
2062
within 48 hours after any change in status. The department shall
2063
promptly notify the Department of Law Enforcement of this change
2064
of the sexual offender's reportable information.
2065
(d) If the sexual offender owns or operates any vehicle,
2066
vessel, or aircraft for personal or business use, the sexual
2067
offender shall report information regarding the vehicle, vessel,
2068
or aircraft, including the license tag and registration numbers,
2069
a description of the vehicle, vessel, or aircraft, including any
2070
trade or business names or information affixed thereto, and
2071
information regarding the place or places where such vehicle,
2072
vessel, or aircraft is habitually parked, docked, stored, or
2073
otherwise kept if the location is different from the registrant's
2074
address. Each change in the reportable information required in
2075
this paragraph must be reported in person at the department
2076
within 48 hours after any change in status. The department shall
2077
promptly notify the Department of Law Enforcement of this change
2078
of the sexual offender's reportable information.
2079
(6)(a) The information provided to the Department of Law
2080
Enforcement must include the following:
2081
1. The information obtained from the sexual offender under
2082
subsection (4).
2083
2. The sexual offender's most current address and place of
2084
permanent, transient, or temporary residence within the state or
2085
outside the out of state; and address, location, or description
2086
and dates of any current or known future temporary residence in
2087
the state or outside the state while the sexual offender is in
2088
the care or custody or under the jurisdiction or supervision of
2089
the department in this state, including the name of the county or
2090
municipality in which the offender permanently or temporarily
2091
resides or any transient residence; any address, location, or
2092
description and dates of any current or known future temporary
2093
residence in the state or outside the state; and, if known, the
2094
intended place of permanent, transient, or temporary residence;
2095
and the address, location, or description and dates of any
2096
current or known future temporary residence in the state or
2097
outside the state upon satisfaction of all sanctions.
2098
3. The legal status of the sexual offender and the
2099
scheduled termination date of that legal status.
2100
4. The location of, and local telephone number for, any
2101
department office that is responsible for supervising the sexual
2102
offender.
2103
5. An indication of whether the victim of the offense that
2104
resulted in the offender's status as a sexual offender was a
2105
minor.
2106
6. The offense or offenses at adjudication and disposition
2107
that resulted in the determination of the offender's status as a
2108
sex offender.
2109
7. A digitized photograph of the sexual offender, which
2110
must have been taken within 60 days before the offender was
2111
released from the custody of the department or a private
2112
correctional facility by expiration of sentence under s. 944.275,
2113
or within 60 days after the onset of the department's supervision
2114
of any sexual offender who is on probation, postcommitment
2115
probation, residential commitment, nonresidential commitment,
2116
licensed child-caring commitment, community control, conditional
2117
release, parole, provisional release, or control release or who
2118
is supervised by the department under the Interstate Compact
2119
Agreement for Probationers and Parolees. If the sexual offender
2120
is in the custody of a private correctional facility, the
2121
facility shall take a digitized photograph of the sexual offender
2122
within the time period provided in this subparagraph and shall
2123
provide the photograph to the department.
2124
(7) If the sexual offender is in the custody of a local
2125
jail, the custodian of the local jail shall electronically
2126
register the offender within 3 business days after intake of the
2127
offender for any reason and upon release, and shall forward the
2128
information to the Department of Law Enforcement. The custodian
2129
of the local jail shall also take a digitized photograph of the
2130
sexual offender while the offender remains in custody and shall
2131
provide the digitized photograph to the Department of Law
2132
Enforcement.
2133
(13)
2134
(b) The sheriff's office may determine the appropriate
2135
times and days for reporting by the sexual offender, which shall
2136
be consistent with the reporting requirements of this subsection.
2137
Reregistration shall include any changes to the following
2138
information:
2139
1. Name; nicknames; pseudonyms; social security number; any
2140
alias or false social security numbers ever used; age; race; sex;
2141
date of birth; any alias or false date of birth ever used;
2142
height; weight; hair and eye color; address of any permanent
2143
residence and address of any current temporary residence, within
2144
the state or outside the out of state, including a rural route
2145
address and a post office box; if there is no permanent or
2146
temporary address, any transient residence; street address or
2147
location, description, and dates of any current or known future
2148
temporary residence in the state or outside the state; any
2149
electronic mail address and any instant message name required to
2150
be provided under paragraph s. 943.0435(4)(d); all telephone
2151
numbers, including fixed location and cellular telephone numbers
2152
and any other designations used for routing or self-
2153
identification in telephonic communications; name and address of
2154
each school, institution of higher education, and secondary
2155
educational institution attended; date and place of any current
2156
or future known employment; volunteer, trade, or business
2157
activities, including the street address or, if no specific
2158
address is available, the location of the employer; all
2159
professional licenses that authorize the registrant to engage in
2160
an occupation or carry out a trade or business; all driver's
2161
license and identification card numbers and identifiers; all
2162
travel and immigration documents, including passport and visa and
2163
identifying information from such documents, including, but not
2164
limited to, unique identifiers and pertinent issue and expiration
2165
dates, location of issuance, destinations, and immigration
2166
status; any owned or operated vehicle, vessel, or aircraft,
2167
including the make, model, color, and license tag number, a
2168
description of the vehicle, vessel, or aircraft and any trade or
2169
business names or information affixed thereto, and other
2170
information regarding the place or places where the vehicle,
2171
vessel, or aircraft is habitually parked, docked, stored, or
2172
otherwise kept if the location is different from the registrant's
2173
address; biometric identification information, including
2174
fingerprints and palm prints; and photograph. A post office box
2175
may shall not be provided in lieu of a physical residential
2176
address.
2177
2. If the sexual offender is or will be enrolled, employed,
2178
or carrying on a vocation at an institution of higher education
2179
or a secondary educational institution in this state, the sexual
2180
offender shall also provide to the department the name, address,
2181
and county of each institution, including each campus attended,
2182
and the sexual offender's enrollment or employment status.
2183
3. If the sexual offender's place of residence is a motor
2184
vehicle, trailer, mobile home, or manufactured home, as defined
2185
in chapter 320, the sexual offender shall also provide the
2186
vehicle identification number; the license tag number; the
2187
registration number; and a description, including color scheme,
2188
of the motor vehicle, trailer, mobile home, or manufactured home.
2189
If the sexual offender's place of residence is a vessel, live-
2190
aboard vessel, or houseboat, as defined in chapter 327, the
2191
sexual offender shall also provide the hull identification
2192
number; the manufacturer's serial number; the name of the vessel,
2193
live-aboard vessel, or houseboat; the registration number; and a
2194
description, including color scheme, of the vessel, live-aboard
2195
vessel, or houseboat.
2196
4. Any sexual offender who fails to report in person as
2197
required at the sheriff's office, or who fails to respond to any
2198
address verification correspondence from the department within 3
2199
weeks after the date of the correspondence, commits a felony of
2201
and 775.084.
2202
5. If the sexual offender is employed, volunteers, or
2203
carries out any trade or business, the sexual offender must
2204
report the street address or, if no specific street address is
2205
available, the location of the employer. If the employer of the
2206
sexual offender lacks a fixed business street address or
2207
location, the sexual offender shall report the sexual offender's
2208
probable location during the business day, including the normal
2209
routes or general areas, with whatever specificity is possible.
2210
Each change in the reportable information required in this
2211
subparagraph must be reported in person at the sheriff's office
2212
within 48 hours after any change in status. The sheriff shall
2213
promptly notify the Department of Law Enforcement of this change
2214
of the sexual offender's reportable information.
2215
6. If the sexual offender owns or operates any vehicle,
2216
vessel, or aircraft for personal or business use, the sexual
2217
offender shall report information regarding the vehicle, vessel,
2218
or aircraft, including the license tag and registration numbers;
2219
a description of the vehicle, vessel, or aircraft, including any
2220
trade or business names or information affixed thereto; and
2221
information regarding the place or places where such vehicle,
2222
vessel, or aircraft is habitually parked, docked, stored, or
2223
otherwise kept if the location is different from the registrant's
2224
address. Each change in the reportable information required in
2225
this subparagraph must be reported in person at the sheriff's
2226
office within 48 hours after any change in status. The sheriff
2227
shall promptly notify the Department of Law Enforcement of this
2228
change of the sexual offender's reportable information.
2229
7. A sexual offender who meets the criteria for
2230
registration as defined in this section for an offense committed
2231
on or after December 31, 2008, must submit a set of palm prints
2232
during registration. On or after December 31, 2008, and by July
2233
1, 2009, unless previously submitted as part of registration or
2235
or s. 985.4815, a sexual offender shall submit palm prints during
2236
the month of his or her reregistration as required under s.
2238
promptly provide the palm prints to the department in an
2239
electronic format. The department may provide the palm prints to
2240
the Federal Bureau of Investigation or other criminal justice
2241
agencies.
2242
Section 8. Subsections (3) and (4) of section 322.141,
2243
Florida Statutes, are amended to read:
2244
322.141 Color or markings of certain licenses or
2245
identification cards.--
2246
(3) All licenses for the operation of motor vehicles or
2247
identification cards originally issued or reissued by the
2248
department to persons who are designated as sexual predators
2249
under s. 775.21 or subject to registration as sexual offenders
2251
the front of the license or identification card the following:
2252
(a) For a person designated as a sexual predator under s.
2254
(b) For a person subject to registration as a sexual
2256
F.S."
2257
(4) Unless previously secured or updated, each sexual
2258
offender and sexual predator shall report to the department
2259
during the month of his or her reregistration as required under
2261
in order to obtain an updated or renewed driver's license or
2262
identification card as required by subsection (3).
2263
Section 9. Section 775.25, Florida Statutes, is amended to
2264
read:
2265
775.25 Prosecutions for acts or omissions.--A sexual
2266
predator or sexual offender who commits any act or omission in
2269
prosecuted for the act or omission in the county in which the act
2270
or omission was committed, the county of the last registered
2271
address of the sexual predator or sexual offender, or the county
2272
in which the conviction occurred for the offense or offenses that
2273
meet the criteria for designating a person as a sexual predator
2274
or sexual offender. In addition, a sexual predator may be
2275
prosecuted for any such act or omission in the county in which he
2276
or she was designated a sexual predator.
2277
Section 10. Subsection (2) of section 943.0436, Florida
2278
Statutes, is amended to read:
2279
943.0436 Duty of the court to uphold laws governing sexual
2280
predators and sexual offenders.--
2281
(2) If a person meets the criteria in chapter 775 for
2282
designation as a sexual predator or meets the criteria in s.
2284
other law for classification as a sexual offender, the court may
2285
not enter an order, for the purpose of approving a plea agreement
2286
or for any other reason, which:
2287
(a) Exempts a person who meets the criteria for designation
2288
as a sexual predator or classification as a sexual offender from
2289
such designation or classification, or exempts such person from
2290
the requirements for registration or community and public
2291
notification imposed upon sexual predators and sexual offenders;
2292
(b) Restricts the compiling, reporting, or release of
2293
public records information that relates to sexual predators or
2294
sexual offenders; or
2295
(c) Prevents any person or entity from performing its
2296
duties or operating within its statutorily conferred authority as
2297
such duty or authority relates to sexual predators or sexual
2298
offenders.
2299
Section 11. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.