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A bill to be entitled

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An act relating to sexual offenders and sexual predators;

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creating s. 943.04354, F.S.; requiring a landlord who

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knowingly solicits, rents, or leases a dwelling unit to a

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sexual offender or sexual predator to verify that

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individual's address; requiring that the landlord notify

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the sheriff in certain instances; providing criminal

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penalties; providing a defense; providing definitions;

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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.  Section 943.04354, Florida Statutes, is created

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to read:

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     943.04354 Dwelling rental or solicitation; sexual offenders

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and predators.--

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     (1)(a) A landlord who knowingly solicits an individual who

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is registered as a sexual offender or a sexual predator to rent

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or lease a dwelling unit, or who knowingly rents or leases a

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dwelling unit to an individual who is registered as a sexual

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offender or a sexual predator, shall, within 5 days after the

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date that the individual known to be a registered sexual offender

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or sexual predator occupies the dwelling unit as a tenant, do all

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of the following:

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     1. Conduct a search for the tenant's name in the sexual

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offender database.

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     2. Confirm that the address of the tenant identified as a

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sexual offender or sexual predator is correctly reflected on the

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sexual offender database.

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     3. Notify the sheriff of the county in which the dwelling

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is located if the address of a tenant identified as a sexual

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offender or sexual predator is not correctly reflected on the

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sexual offender database.

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A landlord who violates this section commits a misdemeanor of the

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

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775.083.

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     (b) It is an affirmative defense to an offense under this

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section that the landlord used due diligence and was unable to

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determine that a tenant was a sexual offender or sexual predator.

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

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     (a) "Dwelling unit," "landlord," "rent," and "tenant" have

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the same meanings as provided in s. 83.43.

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     (b) "Sexual offender" has the same meaning as provided in

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s. 943.0435.

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     (c) "Sexual offender database" means the database of

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registration information regarding sexual predators and sexual

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offenders maintained by the department under s. 943.043.

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     (d) "Sexual predator" has the same meaning as provided in

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s. 775.21.

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     (e) "Solicit" means to initiate contact with a sexual

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offender or sexual predator for the purpose of attempting to rent

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or lease a dwelling unit, where such sexual offender or sexual

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predator has expressed no previous interest in renting or leasing

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the dwelling unit.

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     Section 2.  This act shall take effect July 1, 2008.