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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 ss. 775.21, 943.0435, 944.607, and 985.4815,

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F.S.; requiring sexual offenders and predators to provide

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home telephone numbers and any cellular telephone numbers

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as part of the registration process; specifying that

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failure to provide such telephone numbers as required is a

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third-degree felony; amending s. 944.606, F.S.; requiring

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that the Department of Law Enforcement be notified of the

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home telephone number and any cellular telephone number of

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a sexual offender released from incarceration; amending s.

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985.481, F.S.; requiring that the Department of Law

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Enforcement be notified of the home telephone number and

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any cellular telephone number of a juvenile sexual

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offender released after serving a period of residential

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commitment; 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.  Paragraph (a) of subsection (6), paragraph (a)

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of subsection (8), and paragraph (a) of subsection (10) of

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section 775.21, Florida Statutes, are amended to read:

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     775.21  The Florida Sexual Predators Act.--

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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, social security number, age, race, sex, date of

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

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legal residence and address of any current temporary residence,

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within the state or out of state, including a rural route address

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and a post office box, any electronic mail address and any

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instant message name required to be provided pursuant to

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subparagraph (g)4., home telephone number and any cellular

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telephone number, date and place of any employment, date and

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place of each conviction, fingerprints, and a brief description

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of the crime or crimes committed by the offender. A post office

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box shall not be provided in lieu of a physical residential

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address.

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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 enrolled, employed, or

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carrying on a vocation at an institution of higher education in

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this state, the sexual predator shall also provide to the

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department the name, address, and county of each institution,

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including each campus attended, and the sexual predator's

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enrollment or employment status. Each change in enrollment or

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employment status shall be reported in person at the sheriff's

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office, or the Department of Corrections if the sexual predator

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

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Department of Corrections, within 48 hours after any change in

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status. The sheriff or the Department of Corrections shall

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promptly notify each institution of the sexual predator's

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

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employment status.

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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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     (8)  VERIFICATION.--The department and the Department of

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Corrections shall implement a system for verifying the addresses

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of sexual predators. The system must be consistent with the

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provisions of the federal Adam Walsh Child Protection and Safety

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Act of 2006 and any other federal standards applicable to such

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verification or required to be met as a condition for the receipt

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of federal funds by the state. The Department of Corrections

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shall verify the addresses of sexual predators who are not

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incarcerated but who reside in the community under the

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supervision of the Department of Corrections and shall report to

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the department any failure by a sexual predator to comply with

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registration requirements. County and local law enforcement

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agencies, in conjunction with the department, shall verify the

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addresses of sexual predators who are not under the care,

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custody, control, or supervision of the Department of

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Corrections. Local law enforcement agencies shall report to the

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department any failure by a sexual predator to comply with

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registration requirements.

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     (a)  A sexual predator must report in person each year

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during the month of the sexual predator's birthday and during

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every third month thereafter to the sheriff's office in the

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county in which he or she resides or is otherwise located to

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reregister. The sheriff's office may determine the appropriate

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times and days for reporting by the sexual predator, which shall

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be consistent with the reporting requirements of this paragraph.

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Reregistration shall include any changes to the following

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information:

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     1.  Name; social security number; age; race; sex; date of

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birth; height; weight; hair and eye color; address of any

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permanent residence and address of any current temporary

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residence, within the state or out of state, including a rural

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route address and a post office box; any electronic mail address

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and any instant message name required to be provided pursuant to

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subparagraph (6)(g)4.; home telephone number and any cellular

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telephone number; date and place of any employment; vehicle make,

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model, color, and license tag number; fingerprints; and

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photograph. A post office box shall not be provided in lieu of a

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physical residential address.

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     2.  If the sexual predator is enrolled, employed, or

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carrying on a vocation at an institution of higher education in

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this state, the sexual predator shall also provide to the

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department the name, address, and county of each institution,

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including each campus attended, and the sexual predator's

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enrollment or employment status.

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     3.  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 the

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vehicle identification number; the license tag number; the

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registration number; and a description, including color scheme,

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of the motor vehicle, trailer, mobile home, or manufactured home.

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If the sexual predator's place of residence is a vessel, live-

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aboard vessel, or houseboat, as defined in chapter 327, the

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sexual predator shall also provide the hull identification

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number; the manufacturer's serial number; the name of the vessel,

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live-aboard vessel, or houseboat; the registration number; and a

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description, including color scheme, of the vessel, live-aboard

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vessel, or houseboat.

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     (10)  PENALTIES.--

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     (a)  Except as otherwise specifically provided, a sexual

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predator who fails to register; who fails, after registration, to

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maintain, acquire, or renew a driver's license or identification

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card; who fails to provide required location information,

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electronic mail address information, instant message name

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information, home telephone number and any cellular telephone

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number, or change-of-name information; who fails to make a

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required report in connection with vacating a permanent

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residence; who fails to reregister as required; who fails to

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respond to any address verification correspondence from the

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department within 3 weeks of the date of the correspondence; or

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who otherwise fails, by act or omission, to comply with the

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requirements of this section, commits a felony of the third

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

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775.084.

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     Section 2.  Paragraph (b) of subsection (2) and paragraph

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(c) of subsection (14) of section 943.0435, Florida Statutes, are

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amended to read:

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     943.0435  Sexual offenders required to register with the

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department; penalty.--

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     (2)  A sexual offender shall:

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     (b)  Provide his or her name, date of birth, social security

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number, race, sex, height, weight, hair and eye color, tattoos or

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other identifying marks, occupation and place of employment,

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address of permanent or legal residence or address of any current

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temporary residence, within the state and out of state, including

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a rural route address and a post office box, home telephone

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number and any cellular telephone number, any electronic mail

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address and any instant message name required to be provided

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pursuant to paragraph (4)(d), date and place of each conviction,

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and a brief description of the crime or crimes committed by the

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offender. A post office box shall not be provided in lieu of a

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physical residential address.

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     1.  If the sexual offender'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 offender shall also provide to the

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department through the sheriff's office written notice of the

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vehicle identification number; the license tag number; the

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registration number; and a description, including color scheme,

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of the motor vehicle, trailer, mobile home, or manufactured home.

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If the sexual offender's place of residence is a vessel, live-

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aboard vessel, or houseboat, as defined in chapter 327, the

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sexual offender shall also provide to the department written

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notice of the hull identification number; the manufacturer's

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serial number; the name of the vessel, live-aboard vessel, or

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houseboat; the registration number; and a description, including

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color scheme, of the vessel, live-aboard vessel, or houseboat.

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     2.  If the sexual offender is enrolled, employed, or

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carrying on a vocation at an institution of higher education in

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this state, the sexual offender shall also provide to the

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department through the sheriff's office the name, address, and

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county of each institution, including each campus attended, and

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the sexual offender'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, within 48 hours after any change

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in status. The sheriff shall promptly notify each institution of

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

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offender's enrollment or employment status.

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When a sexual offender reports at the sheriff's office, the

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sheriff shall take a photograph and a set of fingerprints of the

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offender and forward the photographs and fingerprints to the

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department, along with the information provided by the sexual

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offender. The sheriff shall promptly provide to the department

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the information received from the sexual offender.

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     (14)

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     (c)  The sheriff's office may determine the appropriate

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times and days for reporting by the sexual offender, which shall

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be consistent with the reporting requirements of this subsection.

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Reregistration shall include any changes to the following

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information:

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     1.  Name; social security number; age; race; sex; date of

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birth; height; weight; hair and eye color; address of any

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permanent residence and address of any current temporary

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residence, within the state or out of state, including a rural

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route address and a post office box; any electronic mail address

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and any instant message name required to be provided pursuant to

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paragraph (4)(d); telephone number, including any cellular

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telephone number; date and place of any employment; vehicle make,

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model, color, and license tag number; fingerprints; and

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photograph. A post office box shall not be provided in lieu of a

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physical residential address.

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     2.  If the sexual offender is enrolled, employed, or

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carrying on a vocation at an institution of higher education in

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this state, the sexual offender shall also provide to the

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department the name, address, and county of each institution,

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including each campus attended, and the sexual offender's

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enrollment or employment status.

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     3.  If the sexual offender'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 offender shall also provide the

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vehicle identification number; the license tag number; the

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registration number; and a description, including color scheme,

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of the motor vehicle, trailer, mobile home, or manufactured home.

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If the sexual offender's place of residence is a vessel, live-

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aboard vessel, or houseboat, as defined in chapter 327, the

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sexual offender shall also provide the hull identification

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number; the manufacturer's serial number; the name of the vessel,

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live-aboard vessel, or houseboat; the registration number; and a

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description, including color scheme, of the vessel, live-aboard

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vessel or houseboat.

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     4.  Any sexual offender who fails to report in person as

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required at the sheriff's office, or who fails to respond to any

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address verification correspondence from the department within 3

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weeks of the date of the correspondence or who fails to report

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electronic mail addresses or instant message names, commits a

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felony of the third degree, punishable as provided in s. 775.082,

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s. 775.083, or s. 775.084.

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     Section 3.  Paragraph (a) of subsection (3) of section

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944.606, Florida Statutes, is amended to read:

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     944.606  Sexual offenders; notification upon release.--

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     (3)(a)  The department must provide information regarding

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any sexual offender who is being released after serving a period

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of incarceration for any offense, as follows:

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     1.  The department must provide: the sexual offender's name,

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any change in the offender's name by reason of marriage or other

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legal process, and any alias, if known; the correctional facility

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from which the sexual offender is released; the sexual offender's

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social security number, race, sex, date of birth, height, weight,

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and hair and eye color; date and county of sentence and each

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crime for which the offender was sentenced; a copy of the

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offender's fingerprints and a digitized photograph taken within

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60 days before release; the date of release of the sexual

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offender; any electronic mail address and any instant message

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name required to be provided pursuant to s. 943.0435(4)(d);

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telephone number, including any cellular telephone number; and

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the offender's intended residence address, if known. The

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department shall notify the Department of Law Enforcement if the

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sexual offender escapes, absconds, or dies. If the sexual

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offender is in the custody of a private correctional facility,

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the facility shall take the digitized photograph of the sexual

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offender within 60 days before the sexual offender's release and

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provide this photograph to the Department of Corrections and also

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place it in the sexual offender's file. If the sexual offender is

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in the custody of a local jail, the custodian of the local jail

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shall register the offender within 3 business days after intake

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of the offender for any reason and upon release, and shall notify

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the Department of Law Enforcement of the sexual offender's

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release and provide to the Department of Law Enforcement the

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information specified in this paragraph and any information

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specified in subparagraph 2. that the Department of Law

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Enforcement requests.

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     2.  The department may provide any other information deemed

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necessary, including criminal and corrections records,

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nonprivileged personnel and treatment records, when available.

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     Section 4.  Paragraph (a) of subsection (4) of section

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944.607, Florida Statutes, is amended to read:

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     944.607  Notification to Department of Law Enforcement of

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information on sexual offenders.--

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     (4)  A sexual offender, as described in this section, who is

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under the supervision of the Department of Corrections but is not

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incarcerated must register with the Department of Corrections

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within 3 business days after sentencing for a registerable

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offense and otherwise provide information as required by this

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subsection.

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     (a)  The sexual offender shall provide his or her name; date

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of birth; social security number; race; sex; height; weight; hair

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and eye color; tattoos or other identifying marks; any electronic

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mail address and any instant message name required to be provided

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pursuant to s. 943.0435(4)(d); home telephone numbers, including

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any cellular telephone numbers; and permanent or legal residence

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and address of temporary residence within the state or out of

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state while the sexual offender is under supervision in this

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state, including any rural route address or post office box. The

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Department of Corrections shall verify the address of each sexual

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offender in the manner described in ss. 775.21 and 943.0435. The

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department shall report to the Department of Law Enforcement any

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failure by a sexual predator or sexual offender to comply with

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registration requirements.

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     Section 5.  Paragraph (a) of subsection (3) of section

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985.481, Florida Statutes, is amended to read:

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     985.481  Sexual offenders adjudicated delinquent;

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notification upon release.--

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     (3)(a)  The department must provide information regarding

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any sexual offender who is being released after serving a period

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of residential commitment under the department for any offense,

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as follows:

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     1.  The department must provide the sexual offender's name,

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any change in the offender's name by reason of marriage or other

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legal process, and any alias, if known; the correctional facility

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from which the sexual offender is released; the sexual offender's

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social security number, race, sex, date of birth, height, weight,

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and hair and eye color; home telephone numbers, including any

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cellular telephone numbers, date and county of disposition and

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each crime for which there was a disposition; a copy of the

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offender's fingerprints and a digitized photograph taken within

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60 days before release; the date of release of the sexual

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offender; and the offender's intended residence address, if

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known. The department shall notify the Department of Law

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Enforcement if the sexual offender escapes, absconds, or dies. If

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the sexual offender is in the custody of a private correctional

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facility, the facility shall take the digitized photograph of the

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sexual offender within 60 days before the sexual offender's

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release and also place it in the sexual offender's file. If the

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sexual offender is in the custody of a local jail, the custodian

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of the local jail shall register the offender within 3 business

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days after intake of the offender for any reason and upon

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release, and shall notify the Department of Law Enforcement of

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the sexual offender's release and provide to the Department of

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Law Enforcement the information specified in this subparagraph

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and any information specified in subparagraph 2. which the

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Department of Law Enforcement requests.

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     2.  The department may provide any other information

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considered necessary, including criminal and delinquency records,

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when available.

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     Section 6.  Paragraph (a) of subsection (4) of section

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985.4815, Florida Statutes, is amended to read:

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     985.4815  Notification to Department of Law Enforcement of

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information on juvenile sexual offenders.--

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     (4)  A sexual offender, as described in this section, who is

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under the supervision of the department but who is not committed

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must register with the department within 3 business days after

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adjudication and disposition for a registrable offense and

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otherwise provide information as required by this subsection.

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     (a)  The sexual offender shall provide his or her name; date

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of birth; social security number; race; sex; height; weight; hair

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and eye color; tattoos or other identifying marks; and permanent

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or legal residence and address of temporary residence within the

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state or out of state while the sexual offender is in the care or

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custody or under the jurisdiction or supervision of the

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department in this state, including any rural route address or

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post office box, and the name and address of each school

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attended; and home telephone number, including any cellular

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telephone number. The department shall verify the address of each

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sexual offender and shall report to the Department of Law

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Enforcement any failure by a sexual offender to comply with

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registration requirements.

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     Section 7.  This act shall take effect October 1, 2008.