Florida Senate - 2008 SB 1698

By Senator Dean

3-02946-08 20081698__

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A bill to be entitled

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An act relating to sexual offenders and predators;

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amending s. 775.21, F.S.; revising a definition and

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defining the terms "transient residence" and "secondary

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educational institution"; listing additional felonies as

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criteria to be used to designate a person as a sexual

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predator; requiring the Department of Corrections and

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state law enforcement agencies to notify the state

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attorney of a predator's transient residence; requiring a

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sexual predator to provide certain additional information

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to the Department of Law Enforcement when registering as a

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sexual predator; requiring the sexual predator to submit a

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set of palm prints during registration after a specified

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date; requiring a sexual predator to report enrollment or

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employment at a secondary educational institution;

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requiring a sexual predator to report changes in residency

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within a specified time; requiring that law enforcement

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agencies provide additional information to the public

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concerning the identify and location of sexual predators;

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requiring a sexual predator to provide additional

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information to the sheriff's office when reregistering as

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a sexual predator; amending s. 943.0435, F.S.; redefining

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the term "sexual offender" to add additional felony

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convictions that qualify a person as a sexual offender;

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defining the terms "transient residence" and "secondary

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educational institution"; requiring a sexual predator to

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provide certain additional information to the sheriff when

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registering as a sexual offender, including any transient

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residence; requiring a sexual offender to report

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enrollment or employment at a secondary educational

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institution; requiring a sexual offender to provide

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additional information to the sheriff when reregistering

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as a sexual offender; requiring a sexual offender to

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submit a set of palm prints during registration or

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reregistration after a specified date; creating s.

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943.04355, F.S.; authorizing the Department of Law

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Enforcement, with the cooperation of local law enforcement

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agencies, to assume the duties and functions of

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registering sexual offenders and notifying the community

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as such duties and functions relate to registrants under

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the jurisdiction of any federally recognized Native

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American tribe that maintains a reservation or tribal

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property in the state; amending s. 944.606, F.S.;

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redefining the term "sexual offender" to revise the

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criminal offenses that qualify a person as a sexual

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offender for the purpose of the Department of Corrections

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giving community notice of the release of sexual offenders

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from incarceration; revising the content of the

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information the Department of Corrections must give when

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the sexual offender is released; amending s. 944.607,

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F.S.; redefining the term "sexual offender" to revise the

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criminal offenses that qualify a person as a sexual

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offender for the purpose of requiring a sexual offender

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who is under the supervision of the Department of

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Corrections but is not incarcerated to register with the

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department; defining the term "secondary educational

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institution"; requiring a sexual offender to provide

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certain additional information to the Department of

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Corrections at the time of registration; requiring the

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department to provide the information to the Department of

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Law Enforcement; requiring a sexual offender to report

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enrollment or employment at a secondary educational

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institution; requiring a sexual offender under the

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supervision of the Department of Corrections to provide

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additional information concerning changes to the sheriff

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when reregistering as a sexual offender; requiring the

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sexual offender to submit a set of palm prints during

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registration or reregistration after a specified date;

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amending s. 985.481, F.S.; requiring the Department of

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Juvenile Justice to provide additional information in its

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community notice of the release of a juvenile sexual

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offender following a period of residential commitment;

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amending s. 985.4815, F.S.; defining the term "secondary

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educational institution"; requiring a juvenile sexual

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offender who is under the supervision of the Department of

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Juvenile Justice but who is not committed to a residential

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placement to register as a juvenile sexual offender with

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the Department of Juvenile Justice; requiring the juvenile

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sexual offender to provide certain additional information

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to the department at the time of registration; requiring

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the Department of Juvenile Justice to provide certain

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additional information to the Department of Law

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Enforcement; requiring a sexual offender to report

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enrollment or employment at a secondary educational

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institution; requiring a sexual offender under the

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supervision of the Department of Juvenile Justice to

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provide additional information concerning changes to the

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sheriff when reregistering as a sexual offender; amending

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s. 322.141, F.S.; providing requirements for the driver's

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license and identification card issued to a juvenile

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sexual offender; amending s. 775.25, F.S.; specifying the

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venue for prosecuting a sexual offender adjudicated

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delinquent or a juvenile sexual offender; amending s.

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943.0436, F.S.; prohibiting the court from entering

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certain orders with respect to a sexual offender

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adjudicated delinquent or a juvenile sexual offender;

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providing an effective date.

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

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     Section 1.  Subsections (2) and (4), paragraphs (a) and (d)

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of subsection (5), subsection (6), paragraph (a) of subsection

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(7), subsection (8), and paragraphs (a), (b), and (c) of

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subsection (10) of section 775.21, Florida Statutes, are amended

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to read:

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     775.21  The Florida Sexual Predators Act.--

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     (2)  DEFINITIONS.--As used in this section, the term:

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     (a)  "Chief of police" means the chief law enforcement

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officer of a municipality.

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     (b)  "Community" means any county where the sexual predator

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lives or otherwise establishes or maintains a temporary or

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permanent residence.

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     (c)  "Conviction" means a determination of guilt which is

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the result of a trial or the entry of a plea of guilty or nolo

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contendere, regardless of whether adjudication is withheld. A

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conviction for a similar offense includes, but is not limited to,

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a conviction by a federal or military tribunal, including courts-

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martial conducted by the Armed Forces of the United States, and

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includes a conviction or entry of a plea of guilty or nolo

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contendere resulting in a sanction in any state of the United

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States or other jurisdiction. A sanction includes, but is not

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

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conditional release, control release, or incarceration in a state

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prison, federal prison, private correctional facility, or local

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detention facility.

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     (d)  "Department" means the Department of Law Enforcement.

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     (e)  "Entering the county" includes being discharged from a

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correctional facility or jail or secure treatment facility within

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the county or being under supervision within the county for the

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commission of a violation enumerated in subsection (4).

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     (f)  "Permanent residence" means a place where the person

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abides, lodges, or resides for 5 or more consecutive days.

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     (g)  "Temporary residence" means a place where the person

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abides, lodges, or resides, including, but not limited to, a

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vacation, business, or personal travel destination inside or

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outside this state, for a period of 5 or more days in the

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aggregate during any calendar year and which is not the person's

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permanent address or, for a person whose permanent residence is

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not in this state, a place where the person is employed,

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practices a vocation, or is enrolled as a student for any period

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of time in this state.

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     (h) "Transient residence" means a place or county where a

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person lives, remains, or is located for a period of 5 or more

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days in the aggregate during a calendar year, which is not the

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person's permanent or temporary address, and may include, but is

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not limited to, places where the person sleeps or seeks shelter,

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and may include a location that has no specific street address.

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     (i)(h) "Institution of higher education" means a career

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center, community college, college, state university, or

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independent postsecondary institution.

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     (j)(i) "Change in enrollment or employment status" means

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the commencement or termination of enrollment or employment or a

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change in location of enrollment or employment.

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     (k)(j) "Electronic mail address" has the same meaning as

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provided in s. 668.602.

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     (l)(k) "Instant message name" means an identifier that

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allows a person to communicate in real time with another person

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using the Internet.

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     (m) "Secondary educational institution" means any trade,

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professional, or secondary school, including a public, private,

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religious, denominational, parochial, or nonparochial

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institution, attended for any purpose, including, but not limited

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to, secular, religious, or cultural studies.

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     (4)  SEXUAL PREDATOR CRITERIA.--

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

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

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

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registration under subsection (6) and community and public

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notification under subsection (7) if:

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     1.  The felony is:

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

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

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

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guardian, or s. 794.011, s. 800.04, or s. 847.0145, any

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conviction for a similar offense committed in this state which

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has been redesignated from a former statute number to one of

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those listed in this subsection, or a violation of a similar law

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of another jurisdiction; or

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     b. Any felony violation, or any attempt, solicitation, or

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conspiracy to commit such violation thereof, of s. 787.01, s.

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

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

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excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.

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800.04; s. 810.145, when the victim was a minor; s.

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

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conviction for a similar offense committed in this state which

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has been redesignated from a former statute number to one of

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those listed in this subsection; or a violation of a similar law

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of another jurisdiction, and the offender has previously been

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convicted of or found to have committed, attempted, solicited, or

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conspired to commit, or has pled nolo contendere or guilty to,

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regardless of adjudication, any violation of s. 787.01, s.

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

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

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excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.

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800.04; s. 810.145, when the victim was a minor; s. 825.1025; s.

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827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(5) s.

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847.0135(4); s. 847.0145; or s. 985.701(1); any conviction for a

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similar offense committed in this state which has been

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redesignated from a former statute number to one of those listed

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in this subsection; or a violation of a similar law of another

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jurisdiction;

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

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similar law of another jurisdiction that is necessary for the

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operation of this paragraph; and

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

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jurisdiction necessary to the operation of this paragraph has not

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been set aside in any postconviction proceeding.

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     (b)  In order to be counted as a prior felony for purposes

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of this subsection, the felony must have resulted in a conviction

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sentenced separately, or an adjudication of delinquency entered

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separately, prior to the current offense and sentenced or

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adjudicated separately from any other felony conviction that is

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to be counted as a prior felony regardless of the date of offense

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of the prior felony.

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     (c)  If an offender has been registered as a sexual predator

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by the Department of Corrections, the department, or any other

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law enforcement agency and if:

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

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

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predator; or

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     2.  The offender was administratively registered as a sexual

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predator because the Department of Corrections, the department,

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or any other law enforcement agency obtained information that

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indicated that the offender met the criteria for designation as a

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sexual predator based on a violation of a similar law in another

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jurisdiction,

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the department shall remove that offender from the department's

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list of sexual predators and, for an offender described under

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subparagraph 1., shall notify the state attorney who prosecuted

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the offense that met the criteria for administrative designation

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

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paragraph, shall notify the state attorney of the county where

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the offender establishes or maintains a permanent, transient, or

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temporary residence. The state attorney shall bring the matter to

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

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meets the criteria for designation as a sexual predator. If the

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court makes a written finding that the offender is a sexual

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

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must register or be registered as a sexual predator with the

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department as provided in subsection (6), and is subject to the

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community and public notification as provided in subsection (7).

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If the court does not make a written finding that the offender is

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a sexual predator, the offender may not be designated as a sexual

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predator with respect to that offense and is not required to

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register or be registered as a sexual predator with the

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department.

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     (d)  An offender who has been determined to be a sexually

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violent predator pursuant to a civil commitment proceeding under

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chapter 394 shall be designated as a "sexual predator" under

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subsection (5) and subject to registration under subsection (6)

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and community and public notification under subsection (7).

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     (5)  SEXUAL PREDATOR DESIGNATION.--An offender is designated

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as a sexual predator as follows:

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     (a)1.  An offender who meets the sexual predator criteria

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described in paragraph (4)(d) is a sexual predator, and the court

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shall make a written finding at the time such offender is

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determined to be a sexually violent predator under chapter 394

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that such person meets the criteria for designation as a sexual

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predator for purposes of this section. The clerk shall transmit a

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copy of the order containing the written finding to the

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department within 48 hours after the entry of the order;

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     2.  An offender who meets the sexual predator criteria

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described in paragraph (4)(a) who is before the court for

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sentencing for a current offense committed on or after October 1,

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1993, is a sexual predator, and the sentencing court must make a

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written finding at the time of sentencing that the offender is a

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sexual predator, and the clerk of the court shall transmit a copy

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of the order containing the written finding to the department

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within 48 hours after the entry of the order; or

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     3.  If the Department of Corrections, the department, or any

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other law enforcement agency obtains information indicating which

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indicates that an offender who establishes or maintains a

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permanent, transient, or temporary residence in this state meets

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the sexual predator criteria described in paragraph (4)(a) or

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paragraph (4)(d) because the offender was civilly committed or

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committed a similar violation in another jurisdiction on or after

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October 1, 1993, the Department of Corrections, the department,

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or the law enforcement agency shall notify the state attorney of

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the county where the offender establishes or maintains a

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permanent, transient, or temporary residence of the offender's

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presence in the community. The state attorney shall file a

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petition with the criminal division of the circuit court for the

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purpose of holding a hearing to determine if the offender's

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criminal record or record of civil commitment from another

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jurisdiction meets the sexual predator criteria. If the court

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finds that the offender meets the sexual predator criteria

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because the offender has violated a similar law or similar laws

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in another jurisdiction, the court shall make a written finding

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that the offender is a sexual predator.

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When the court makes a written finding that an offender is a

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sexual predator, the court shall inform the sexual predator of

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the registration and community and public notification

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requirements described in this section. Within 48 hours after the

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court designating an offender as a sexual predator, the clerk of

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the circuit court shall transmit a copy of the court's written

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sexual predator finding to the department. If the offender is

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sentenced to a term of imprisonment or supervision, a copy of the

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court's written sexual predator finding must be submitted to the

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Department of Corrections.

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     (d)  A person who establishes or maintains a residence in

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this state and who has not been designated as a sexual predator

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by a court of this state but who has been designated as a sexual

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predator, as a sexually violent predator, or by another sexual

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offender designation in another state or jurisdiction and was, as

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a result of such designation, subjected to registration or

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

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person was a resident of that state or jurisdiction, without

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regard to whether the person otherwise meets the criteria for

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registration as a sexual offender, shall register in the manner

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provided in s. 943.0435, or s. 944.607, or s. 985.4815 and shall

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be subject to community and public notification as provided in s.

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943.0435, or s. 944.607, or s. 985.4815. A person who meets the

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criteria of this section is subject to the requirements and

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penalty provisions of s. 943.0435, or s. 944.607, or s. 985.4815

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until the person provides the department with an order issued by

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the court that designated the person as a sexual predator, as a

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sexually violent predator, or by another sexual offender

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designation in the state or jurisdiction in which the order was

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issued which states that such designation has been removed or

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demonstrates to the department that such designation, if not

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imposed by a court, has been removed by operation of law or court

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order in the state or jurisdiction in which the designation was

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made, and provided such person no longer meets the criteria for

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registration as a sexual offender under the laws of this state.

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     (6)  REGISTRATION.--

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     (a)  A sexual predator must register with the department

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through the sheriff's office by providing the following

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information to the department:

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1. Name, nicknames, pseudonyms, social security number, any

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alias or false social security numbers ever used, age, race, sex,

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date of birth, height, weight, hair and eye color, photograph,

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address of legal residence and address of any current temporary

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residence, within the state or outside the out of state,

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including a rural route address and a post office box, if there

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is no permanent or temporary address, any transient residence in

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the state, the address, location, description, and dates of any

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current or known future temporary residence within the state or

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outside the state, any electronic mail address and any instant

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message name required to be provided pursuant to subparagraph

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(g)4., all telephone numbers, including fixed location and

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cellular telephone numbers and any other designations used for

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routing or self-identification in telephonic communications, date

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and place of any current or known future employment, volunteer,

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trade, or business activities, including the street address or,

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if no specific address is available, the location of the

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employer, all professional licenses that authorize the registrant

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to engage in an occupation or carry out a trade or business, all

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driver's license and identification card numbers and identifiers,

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all travel and immigration documents, including passport and visa

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and identifying information from such documents, including, but

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not limited to, unique identifiers and pertinent issue and

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expiration dates, location of issuance, destinations, and

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immigration status, date and place of each conviction, biometric

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identification information, including fingerprints and palm

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prints, and a brief description of the crime or crimes committed

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by the offender. A post office box may shall not be provided in

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lieu of a physical residential address. A sexual predator

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designated under this section on or after December 31, 2008, must

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submit a set of palm prints during registration. The sheriff

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shall promptly provide the department with the palm prints in an

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electronic format. The department may provide the palm prints to

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the Federal Bureau of Investigation or other criminal justice

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agencies.

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

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

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

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department written notice of the vehicle identification number;

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the license tag number; the registration number; and a

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description, including color scheme, of the motor vehicle,

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

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

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

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also provide to the department written notice of the hull

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

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

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

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live-aboard vessel, or houseboat.

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

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or carrying on a vocation at an institution of higher education

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or a secondary educational institution in this state, the sexual

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predator shall also provide to the department the name, address,

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and county of each institution, including each campus attended,

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

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change in enrollment or employment status shall be reported in

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person at the sheriff's office, or the Department of Corrections

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if the sexual predator is in the custody or control of or under

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the supervision of the Department of Corrections, within 48 hours

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after any change in status. The sheriff or the Department of

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Corrections shall promptly notify each institution of the sexual

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

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enrollment or employment status.

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     c. If the sexual predator is employed, volunteers for, or

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carries out any trade or business, the sexual predator shall

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report the street address of the place of employment or, if no

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specific street address is available, the location of the

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employer. If the sexual predator's employer lacks a fixed street

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address or location, the sexual predator must report the sexual

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predator's probable location during the course of the business

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day, including normal routes or general areas, with whatever

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specificity is possible. Each change in the information required

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in this sub-subparagraph must be reported in person at the

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sheriff's office or the Department of Corrections, if the sexual

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

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of the Department of Corrections, within 48 hours after any

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change in status. The sheriff or the Department of Corrections

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shall promptly notify the department of this change of the sexual

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predator's reporting information.

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     d. If the sexual predator owns or operates a vehicle,

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vessel, or aircraft for personal or business use, the sexual

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predator must report certain information regarding the vehicle,

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vessel, or aircraft. The information must include the license tag

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and registration numbers; a description of the vehicle, vessel,

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or aircraft; the trade or business name for which the vehicle,

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vessel, or aircraft will be used; and information regarding the

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place or places where the vehicle, vessel, or aircraft is

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habitually parked, docked, stored, or otherwise kept if the

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location is different from the registrant's address. Each change

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in the information required by this sub-subparagraph must be

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reported in person at the sheriff's office, or the Department of

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Corrections if the sexual predator is in the custody or control

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of or under the supervision of the Department of Corrections,

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within 48 hours after any change in status. The sheriff or the

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Department of Corrections shall promptly notify the department of

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this change of the sexual predator's reporting information.

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     2.  Any other information determined necessary by the

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department, including criminal and corrections records;

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nonprivileged personnel and treatment records; and evidentiary

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genetic markers when available.

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

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

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in the custody of a private correctional facility, the sexual

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predator must register with the Department of Corrections. A

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sexual predator who is under the supervision of the Department of

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Corrections but who is not incarcerated must register with the

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Department of Corrections within 3 business days after the court

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finds the offender to be a sexual predator. The Department of

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Corrections shall provide to the department registration

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information and the location of, and local telephone number for,

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any Department of Corrections office that is responsible for

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supervising the sexual predator. In addition, the Department of

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Corrections shall notify the department if the sexual predator

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escapes or absconds from custody or supervision or if the sexual

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predator dies.

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     (c)  If the sexual predator is in the custody of a local

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jail, the custodian of the local jail shall electronically

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register the sexual predator within 3 business days after intake

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of the sexual predator for any reason and upon his or her

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release, and shall forward the registration information to the

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department. The custodian of the local jail shall also take a

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digitized photograph of the sexual predator while the sexual

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predator remains in custody and shall provide the digitized

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photograph to the department. The custodian shall notify the

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department if the sexual predator escapes from custody or dies.

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     (d)  If the sexual predator is under federal supervision,

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the federal agency responsible for supervising the sexual

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predator may forward to the department any information regarding

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the sexual predator which is consistent with the information

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provided by the Department of Corrections under this section, and

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may indicate whether use of the information is restricted to law

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enforcement purposes only or may be used by the department for

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purposes of public notification.

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

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

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Corrections or is not in the custody of a private correctional

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facility, the sexual predator shall register in person:

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

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establishes or maintains a residence within 48 hours after

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establishing or maintaining a residence in this state; and

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

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was designated a sexual predator by the court within 48 hours

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after such finding is made.

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     2. Any change in the sexual predator's permanent,

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transient, or temporary residence, name, or any electronic mail

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address and any instant message name required to be provided

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pursuant to subparagraph (g)4., after the sexual predator

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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

569

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

570

775.084.

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

612

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

613

775.084.

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

794

s. 775.082, s. 775.083, or s. 775.084.

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

798

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

799

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

800

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

801

794.05; s. 796.03; s. 796.035; s. 800.04; a felony offense under

802

s. 810.145, when the victim is a minor; s. 827.071; s. 847.0133;

803

s. 847.0145; or s. 985.701(1); or any conviction for a similar

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.

812

775.083, or s. 775.084.

813

     (c)  Any person who misuses public records information

814

relating to a sexual predator, as defined in this section, or a

815

sexual offender, as defined in s. 943.0435, or s. 944.607, or s.

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

826

in s. 775.082 or s. 775.083.

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

841

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

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.

844

794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; a

845

felony offense under s. 810.145, when the victim is a minor; s.

846

825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.

847

847.0135(5) s. 847.0135(4); s. 847.0137; s. 847.0138; s.

848

847.0145; or s. 985.701(1); or any conviction for a similar

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

876

or similar offense in another jurisdiction: s. 787.01, s. 787.02,

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,

879

excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.

880

800.04; a felony offense under s. 810.145, when the victim is a

881

minor; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,

882

excluding s. 847.0135(5) s. 847.0135(4); s. 847.0137; s.

883

847.0138; s. 847.0145; or s. 985.701(1); or any conviction for a

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:

893

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

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

911

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

912

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

913

guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s.

914

796.03; s. 796.035; s. 800.04; s. 810.145, when the victim is a

915

minor; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,

916

excluding s. 847.0135(5); s. 847.0137; s. 847.0138; s. 847.0145;

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:

925

     (I) Section 787.01 or s. 787.02 when the victim is a minor

926

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

927

     (II) Section 794.011, excluding s. 794.011 (8)(a), 794.011

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

775.21.

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

1130

previously secured or updated under s. 944.607 or s. 985.4815. At

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

1166

in this section and ss. 943.043 and 944.606.

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

1191

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

1192

775.084.

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

1230

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

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:

1264

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

1265

     b. For a violation of s. 794.011, excluding ss.

1266

794.011(8)(a) and s. 794.011(10);

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:

1312

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

1313

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

1314

     2. Section 794.011, excluding ss. 794.011(8)(a) and s.

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

1381

reregistration as required under s. 943.0435(14), s. 944.607(13),

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.

1384

943.0435(14), s. 944.607(13), or s. 985.4815. The sheriff shall

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,

1414

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

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

1447

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

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.

1450

794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; a

1451

felony offense under s. 810.145, when the victim is a minor, s.

1452

825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.

1453

847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or 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

1466

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

1467

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

1468

guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s.

1469

796.03; s. 796.035; s. 800.04; a felony offense of s. 810.145,

1470

when the victim is a minor; s. 825.1025; s. 827.071; s. 847.0133;

1471

s. 847.0135, excluding s. 847.0135(5); s. 847.0137; s. 847.0138;

1472

s. 847.0145; or s. 985.701(1); or any conviction for a similar

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:

1480

     a. Section 787.01 or s. 787.02 when the victim is a minor

1481

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

1482

     b. Section 794.011, excluding ss. 794.011(8)(a) and

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

1572

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

1573

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

1574

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

1575

794.05; s. 796.03; s. 796.035; s. 800.04; a felony offense under

1576

s. 810.145, when the victim is a minor; s. 825.1025; s. 827.071;

1577

s. 847.0133; s. 847.0135, excluding s. 847.0135(5) s.

1578

847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or 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

1598

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

1599

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

1600

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

1601

794.05; s. 796.03; s. 796.035; s. 800.04; felony offense of s.

1602

810.145, when the victim is a minor; s. 825.1025; s. 827.071; s.

1603

847.0133; s. 847.0135, excluding s. 847.0135(5); s. 847.0137; s.

1604

847.0138; s. 847.0145; or s. 985.701(1); or any conviction for a

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:

1612

     a. Section 787.01 or s. 787.02 when the victim is a minor

1613

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

1614

     b. Section 794.011, excluding ss. 794.011(8)(a) and 794.011

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:

1797

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

1798

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

1799

     2. Section 794.011, excluding ss. 794.011(8)(a) and s.

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,

1889

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

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.

1923

944.607(13), or s. 985.4815, a sexual offender shall submit palm

1924

prints during the month of his or her reregistration as required

1925

under s. 943.0435(14), s. 944.607(13), or s. 985.4815. The

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

2200

the third degree, punishable as provided in ss. 775.082, 775.083,

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

2234

reregistration as required under s. 943.0435(14), s. 944.607(13),

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.

2237

943.0435(14), s. 944.607(13), or s. 985.4815. The sheriff shall

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

2250

under s. 943.0435, or s. 944.607, or s. 985.4815 shall have on

2251

the front of the license or identification card the following:

2252

     (a)  For a person designated as a sexual predator under s.

2253

775.21, the marking "775.21, F.S."

2254

     (b)  For a person subject to registration as a sexual

2255

offender under s. 943.0435 or s. 944.607, the marking "943.0435,

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

2260

s. 775.21(8), s. 943.0435(14), or s. 944.607(13), or s. 985.4815

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

2267

violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.

2268

944.607, or s. 947.177, s. 985.481, or s. 985.4815 may be

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.

2283

943.0435, s. 944.606, s. 944.607, s. 985.481, s. 985.4815, or any

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.