Florida Senate - 2008 SB 2490
By Senator Crist
12-02434B-08 20082490__
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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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creating s. 856.022, F.S.; prohibiting loitering or
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prowling by certain offenders within a specified distance
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of places where children regularly congregate; providing
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exceptions; providing penalties; amending s. 775.21, F.S.;
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providing a definition; revising provisions relating to
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reporting requirements for sexual predators in transient
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status; amending s. 943.0435, F.S.; revising provisions
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relating to reporting requirements for sexual offenders in
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transient status; amending s. 943.04352, F.S.; requiring
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search in an additional specified sex offender registry
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for information regarding sexual predators and sexual
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offenders when an offender is placed on misdemeanor
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probation; amending s. 944.606, F.S.; revising address
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reporting requirements for sexual offenders; amending s.
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944.607, F.S.; requiring additional registration
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information from sex offenders under the supervision of
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the Department of Corrections but not incarcerated;
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amending s. 947.1405, F.S.; revising provisions relating
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to polygraph examinations of specified conditional
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releasees who have committed specified sexual offenses;
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providing additional restrictions for certain conditional
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releasees who committed sexual offenses with minors under
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the age of 16; amending s. 948.30, F.S.; revising
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provisions relating to polygraph examinations of specified
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probationers or community controllees who have committed
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specified sexual offenses; providing additional
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restrictions for certain probationers or community
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controllees who committed sexual offenses with minors
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under the age of 16; amending s. 948.31, F.S.; deleting a
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requirement for diagnosis of certain sexual predators and
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sexual offenders on community control; revising provisions
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relating to treatment for such offenders and predators;
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amending s. 985.481, F.S.; providing additional address
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reporting requirements for sexual offenders adjudicated
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delinquent; amending s. 985.4815, F.S.; providing
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transient and temporary residence reporting requirements
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for sexual offenders adjudicated delinquent; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 856.022, Florida Statutes, is created to
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read:
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856.022 Loitering or prowling by certain offenders in close
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proximity to children; penalty.--
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(1) As used in this section, the term "loiter or prowl"
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shall have the same meaning as in s. 856.021.
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(2) This section applies to an offender convicted of
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committing, or attempting, soliciting, or conspiring to commit,
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any of the criminal offenses proscribed in the following statutes
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in this state or similar offenses in another jurisdiction:
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the victim is a minor and the offender was not the victim's
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similar offense committed in this state that has been
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redesignated from a former statute number to one of those listed
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in this paragraph;
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(b) The offender has not received a pardon for any felony
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or similar law of another jurisdiction that is necessary for the
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operation of this subsection; and
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(c) A conviction of a felony or similar law of another
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jurisdiction necessary to the operation of this subsection has
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not been set aside in any postconviction proceeding.
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(3) If an offender as provided in subsection (2) committed
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one or more of his or her qualifying offenses against a victim
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who was under the age of 18 at the time of the offense, it is
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unlawful for the offender to:
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(a) Loiter or prowl within 300 feet of a place where
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children regularly congregate, including, but not limited to, a
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school, day care center, playground, or park without a
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justifiable reason or purpose;
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(b) Knowingly approach, contact, or communicate with a
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child under 18 years of age in any public park building or on
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real property comprising any public park or playground unless the
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offender is a parent or guardian of a person under 18 years of
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age who is also present within close proximity in the building or
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on the grounds; or
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(c)1.a. Knowingly be present in any child care facility or
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pre-K through 12 school or on real property comprising any child
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care facility or pre-K through 12 school unless the offender has
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provided written notification of his or her intent to be present
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to the school board, superintendent, principal, or child care
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facility owner. The offender is responsible for notifying the
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child care facility owner or the principal's office when he or
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she arrives and departs the child care facility or school. If the
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offender is to be present in the vicinity of children, the
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offender has the duty to remain under direct supervision of a
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child care facility or school official or designated chaperone.
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b. The offender is not in violation of this section if:
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(I) The child care facility or school is a voting location
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and the offender is present for the purpose of voting during the
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hours designated for voting; or
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(II) The offender is only dropping off or picking up his or
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her own children or grandchildren at the child care facility or
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school.
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2. As used in this paragraph, the term "school official"
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means a principal, school resource officer, teacher, or any other
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certified employee of the school, the superintendent of schools,
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a member of the school board, a child care facility owner, or a
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child care provider.
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(4) Any person who violates this section commits a
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misdemeanor of the first degree, punishable as provided in s.
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Section 2. Paragraph (g) of subsection (2), paragraph (c)
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of subsection (4), paragraph (a) of subsection (5), paragraphs
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(a), (f), (g), (i), and (j) of subsection (6), paragraph (a) of
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subsection (7), and paragraph (a) of subsection (8) of section
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775.21, Florida Statutes, are amended, and paragraph (l) is added
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to subsection (2) of that section, 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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(g) "Temporary residence" means a place where the person
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abides, lodges, or resides, including, but not limited to,
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vacation, business, or personal travel destinations in or out of
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this state, for a period of 5 or more days in the aggregate
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during any calendar year and which is not the person's permanent
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address or, for a person whose permanent residence is not in this
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state, a place where the person is employed, practices a
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vocation, or is enrolled as a student for any period of time in
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this state.
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(l) "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 and which is not the
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person's permanent or temporary address. The term may include,
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but is not limited to, a place where the person sleeps or seeks
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shelter and a location that has no specific street address.
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(4) SEXUAL PREDATOR CRITERIA.--
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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, the department shall remove that offender from the
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department's list of sexual predators and, for an offender
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described under subparagraph 1., shall notify the state attorney
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who prosecuted the offense that met the criteria for
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administrative designation as a sexual predator, and, for an
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offender described under this paragraph, shall notify the state
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attorney of the county where the offender establishes or
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maintains a permanent, or temporary, or transient residence. The
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state attorney shall bring the matter to the court's attention in
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order to establish that the offender meets the criteria for
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designation as a sexual predator. If the court makes a written
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finding that the offender is a sexual predator, the offender must
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be designated as a sexual predator, must register or be
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registered as a sexual predator with the department as provided
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in subsection (6), and is subject to the community and public
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notification as provided in subsection (7). If the court does not
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make a written finding that the offender is a sexual predator,
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the offender may not be designated as a sexual predator with
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respect to that offense and is not required to register or be
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registered as a sexual predator with the department.
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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 which indicates
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that an offender who establishes or maintains a permanent, or
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temporary, or transient residence in this state meets the sexual
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predator criteria described in paragraph (4)(a) or paragraph
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(4)(d) because the offender was civilly committed or committed a
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similar violation in another jurisdiction on or after October 1,
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1993, the Department of Corrections, the department, or the law
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enforcement agency shall notify the state attorney of the county
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where the offender establishes or maintains a permanent, or
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temporary, or transient residence of the offender's presence in
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the community. The state attorney shall file a petition with the
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criminal division of the circuit court for the purpose of holding
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a hearing to determine if the offender's criminal record or
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record of civil commitment from another jurisdiction meets the
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sexual predator criteria. If the court finds that the offender
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meets the sexual predator criteria because the offender has
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violated a similar law or similar laws in another jurisdiction,
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the court shall make a written finding that the offender is a
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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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(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, if no permanent or temporary address, any
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transient residence within the state, address, location, or
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description and dates of any current or known future temporary
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residence within the state or out of state, 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., date and place of any employment,
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date and place of each conviction, fingerprints, and a brief
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description of the crime or crimes committed by the offender. A
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post office box shall not be provided in lieu of a physical
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residential 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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(f) Within 48 hours after the registration required under
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paragraph (a) or paragraph (e), a sexual predator who is not
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incarcerated and who resides in the community, including a sexual
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predator under the supervision of the Department of Corrections,
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shall register in person at a driver's license office of the
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Department of Highway Safety and Motor Vehicles and shall present
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proof of registration. At the driver's license office the sexual
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predator shall:
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1. If otherwise qualified, secure a Florida driver's
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license, renew a Florida driver's license, or secure an
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identification card. The sexual predator shall identify himself
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or herself as a sexual predator who is required to comply with
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this section, provide his or her place of permanent, or
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temporary, or transient residence, including a rural route
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address and a post office box, and submit to the taking of a
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photograph for use in issuing a driver's license, renewed
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license, or identification card, and for use by the department in
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maintaining current records of sexual predators. A post office
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box shall not be provided in lieu of a physical residential
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address. 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 of Highway Safety and Motor Vehicles the vehicle
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identification number; the license tag number; the registration
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number; and a description, including color scheme, of the motor
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vehicle, 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 of Highway Safety and Motor
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Vehicles 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. Pay the costs assessed by the Department of Highway
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Safety and Motor Vehicles for issuing or renewing a driver's
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license or identification card as required by this section. The
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driver's license or identification card issued to the sexual
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predator must be in compliance with s. 322.141(3).
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3. Provide, upon request, any additional information
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necessary to confirm the identity of the sexual predator,
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including a set of fingerprints.
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(g)1. Each time a sexual predator's driver's license or
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identification card is subject to renewal, and, without regard to
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the status of the predator's driver's license or identification
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card, within 48 hours after any change of the predator's
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residence or change in the predator's name by reason of marriage
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or other legal process, the predator shall report in person to a
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driver's license office and shall be subject to the requirements
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specified in paragraph (f). The Department of Highway Safety and
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Motor Vehicles shall forward to the department and to the
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Department of Corrections all photographs and information
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provided by sexual predators. Notwithstanding the restrictions
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set forth in s. 322.142, the Department of Highway Safety and
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Motor Vehicles is authorized to release a reproduction of a
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color-photograph or digital-image license to the Department of
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Law Enforcement for purposes of public notification of sexual
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predators as provided in this section.
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2. A sexual predator who vacates a permanent or temporary
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residence and fails to establish or maintain another permanent or
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temporary residence shall, within 48 hours after vacating the
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permanent or temporary residence, report in person to the
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sheriff's office of the county in which he or she is located. The
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sexual predator shall specify the date upon which he or she
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intends to or did vacate such residence. The sexual predator must
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provide or update all of the registration information required
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under paragraph (a). The sexual predator must provide an address
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for the residence or other place location that he or she is or
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will be located occupying during the time in which he or she
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fails to establish or maintain a permanent or temporary
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residence.
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3. A sexual predator who remains at a permanent or
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temporary residence after reporting his or her intent to vacate
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such residence shall, within 48 hours after the date upon which
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the predator indicated he or she would or did vacate such
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residence, report in person to the sheriff's office to which he
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or she reported pursuant to subparagraph 2. for the purpose of
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reporting his or her address at such residence. When the sheriff
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receives the report, the sheriff shall promptly convey the
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information to the department. An offender who makes a report as
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required under subparagraph 2. but fails to make a report as
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required under this subparagraph commits a felony of the second
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4. A sexual predator must register any electronic mail
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address or instant message name with the department prior to
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using such electronic mail address or instant message name on or
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after October 1, 2007. The department shall establish an online
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system through which sexual predators may securely access and
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update all electronic mail address and instant message name
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information.
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(i) A sexual predator who intends to establish a temporary,
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permanent, or transient residence in another state or
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jurisdiction other than the State of Florida shall report in
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person to the sheriff of the county of current residence within
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48 hours before the date he or she intends to leave this state to
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establish residence in another state or jurisdiction. The sexual
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predator must provide to the sheriff the address, municipality,
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county, and state of intended residence. The sheriff shall
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promptly provide to the department the information received from
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the sexual predator. The department shall notify the statewide
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law enforcement agency, or a comparable agency, in the intended
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state or jurisdiction of residence of the sexual predator's
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intended residence. The failure of a sexual predator to provide
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his or her intended place of residence is punishable as provided
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in subsection (10).
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(j) A sexual predator who indicates his or her intent to
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reside or establish a temporary or transient residence in another
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state or jurisdiction other than the State of Florida and later
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decides to remain in this state shall, within 48 hours after the
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date upon which the sexual predator indicated he or she would
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leave this state, report in person to the sheriff to which the
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sexual predator reported the intended change of residence, and
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report his or her intent to remain in this state. If the sheriff
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is notified by the sexual predator that he or she intends to
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remain in this state, the sheriff shall promptly report this
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information to the department. A sexual predator who reports his
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or her intent to reside or establish a temporary or transient
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residence in another state or jurisdiction, but who remains in
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this state without reporting to the sheriff in the manner
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required by this paragraph, commits a felony of the second
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(7) COMMUNITY AND PUBLIC NOTIFICATION.--
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(a) Law enforcement agencies must inform members of the
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community and the public of a sexual predator's presence. Upon
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notification of the presence of a sexual predator, the sheriff of
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the county or the chief of police of the municipality where the
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sexual predator establishes or maintains a permanent or temporary
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residence shall notify members of the community and the public of
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the presence of the sexual predator in a manner deemed
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appropriate by the sheriff or the chief of police. Within 48
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hours after receiving notification of the presence of a sexual
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predator, the sheriff of the county or the chief of police of the
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municipality where the sexual predator temporarily or permanently
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resides shall notify each licensed day care center, elementary
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school, middle school, and high school within a 1-mile radius of
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the temporary or permanent residence of the sexual predator of
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the presence of the sexual predator. Information provided to
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members of the community and the public regarding a sexual
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predator must include:
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1. The name of the sexual predator;
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2. A description of the sexual predator, including a
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photograph;
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3. The sexual predator's current permanent, temporary, and
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transient addresses, and descriptions of registered locations
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that have no specific street address, including the name of the
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county or municipality if known;
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4. The circumstances of the sexual predator's offense or
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offenses; and
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5. Whether the victim of the sexual predator's offense or
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offenses was, at the time of the offense, a minor or an adult.
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This paragraph does not authorize the release of the name of any
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victim of the sexual predator.
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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; if no permanent or temporary
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address, any transient residence within the state; address,
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location, or description and dates of any current or known future
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temporary residence within the state or out of state; any
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electronic mail address and any instant message name required to
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be provided pursuant to subparagraph (6)(g)4.; date and place of
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any employment; vehicle make, model, color, and license tag
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number; fingerprints; and photograph. A post office box shall not
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be provided in lieu of a 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,
461
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,
468
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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Section 3. Paragraph (c) of subsection (1), subsection (2),
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paragraphs (a), (b), and (c) of subsection (4), subsections (7),
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(8), and (10), and paragraph (c) of subsection (14) of section
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943.0435, Florida Statutes, are 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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(1) As used in this section, the term:
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(c) "Permanent residence," and "temporary residence," and
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"transient residence" have the same meaning ascribed in s.
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486
(2) A sexual offender shall:
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(a) Report in person at the sheriff's office:
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1. In the county in which the offender establishes or
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maintains a permanent, or temporary, or transient residence
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within 48 hours after:
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a. Establishing permanent or temporary residence in this
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state or attaining transient status; or
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b. Being released from the custody, control, or supervision
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of the Department of Corrections or from the custody of a private
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correctional facility; or
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2. In the county where he or she was convicted within 48
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hours after being convicted for a qualifying offense for
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registration under this section if the offender is not in the
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custody or control of, or under the supervision of, the
500
Department of Corrections, or is not in the custody of a private
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correctional facility.
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When a sexual offender reports to 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. Any change in
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the information required to be provided pursuant to paragraph
510
(b), including, but not limited to, any change in the sexual
511
offender's permanent, or temporary, or transient residence, name,
512
any electronic mail address and any instant message name required
513
to be provided pursuant to paragraph (4)(d), after the sexual
514
offender reports in person at the sheriff's office, shall be
515
accomplished in the manner provided in subsections (4), (7), and
516
(8).
517
(b) Provide his or her name, date of birth, social security
518
number, race, sex, height, weight, hair and eye color, tattoos or
519
other identifying marks, occupation and place of employment,
520
address of permanent or legal residence or address of any current
521
temporary residence, within the state and out of state, including
522
a rural route address and a post office box, if no permanent or
523
temporary address, any transient residence within the state,
524
address, location, or description and dates of any current or
525
known future temporary residence within the state or out of
526
state, any electronic mail address and any instant message name
527
required to be provided pursuant to paragraph (4)(d), date and
528
place of each conviction, and a brief description of the crime or
529
crimes committed by the offender. A post office box shall not be
530
provided in lieu of a physical residential address.
531
1. If the sexual offender's place of residence is a motor
532
vehicle, trailer, mobile home, or manufactured home, as defined
533
in chapter 320, the sexual offender shall also provide to the
534
department through the sheriff's office written notice of the
535
vehicle identification number; the license tag number; the
536
registration number; and a description, including color scheme,
537
of the motor vehicle, trailer, mobile home, or manufactured home.
538
If the sexual offender's place of residence is a vessel, live-
539
aboard vessel, or houseboat, as defined in chapter 327, the
540
sexual offender shall also provide to the department written
541
notice of the hull identification number; the manufacturer's
542
serial number; the name of the vessel, live-aboard vessel, or
543
houseboat; the registration number; and a description, including
544
color scheme, of the vessel, live-aboard vessel, or houseboat.
545
2. If the sexual offender is enrolled, employed, or
546
carrying on a vocation at an institution of higher education in
547
this state, the sexual offender shall also provide to the
548
department through the sheriff's office the name, address, and
549
county of each institution, including each campus attended, and
550
the sexual offender's enrollment or employment status. Each
551
change in enrollment or employment status shall be reported in
552
person at the sheriff's office, within 48 hours after any change
553
in status. The sheriff shall promptly notify each institution of
554
the sexual offender's presence and any change in the sexual
555
offender's enrollment or employment status.
556
557
When a sexual offender reports at the sheriff's office, the
558
sheriff shall take a photograph and a set of fingerprints of the
559
offender and forward the photographs and fingerprints to the
560
department, along with the information provided by the sexual
561
offender. The sheriff shall promptly provide to the department
562
the information received from the sexual offender.
563
(4)(a) Each time a sexual offender's driver's license or
564
identification card is subject to renewal, and, without regard to
565
the status of the offender's driver's license or identification
566
card, within 48 hours after any change in the offender's
567
permanent, or temporary, or transient residence or change in the
568
offender's name by reason of marriage or other legal process, the
569
offender shall report in person to a driver's license office, and
570
shall be subject to the requirements specified in subsection (3).
571
The Department of Highway Safety and Motor Vehicles shall forward
572
to the department all photographs and information provided by
573
sexual offenders. Notwithstanding the restrictions set forth in
574
s. 322.142, the Department of Highway Safety and Motor Vehicles
575
is authorized to release a reproduction of a color-photograph or
576
digital-image license to the Department of Law Enforcement for
577
purposes of public notification of sexual offenders as provided
579
(b) A sexual offender who vacates a permanent or temporary
580
residence and fails to establish or maintain another permanent or
581
temporary residence shall, within 48 hours after vacating the
582
permanent residence, report in person to the sheriff's office of
583
the county in which he or she is located. The sexual offender
584
shall specify the date upon which he or she intends to or did
585
vacate such residence. The sexual offender must provide or update
586
all of the registration information required under paragraph
587
(2)(b). The sexual offender must provide an address for the
588
residence or other place location that he or she is or will be
589
located occupying during the time in which he or she fails to
590
establish or maintain a permanent or temporary residence.
591
(c) A sexual offender who remains at a permanent or
592
temporary residence after reporting his or her intent to vacate
593
such residence shall, within 48 hours after the date upon which
594
the offender indicated he or she would or did vacate such
595
residence, report in person to the agency to which he or she
596
reported pursuant to paragraph (b) for the purpose of reporting
597
his or her address at such residence. When the sheriff receives
598
the report, the sheriff shall promptly convey the information to
599
the department. An offender who makes a report as required under
600
paragraph (b) but fails to make a report as required under this
601
paragraph commits a felony of the second degree, punishable as
603
(7) A sexual offender who intends to establish temporary,
604
permanent, or transient residence in another state or
605
jurisdiction other than the State of Florida shall report in
606
person to the sheriff of the county of current residence within
607
48 hours before the date he or she intends to leave this state to
608
establish residence in another state or jurisdiction. The
609
notification must include the address, municipality, county, and
610
state of intended residence. The sheriff shall promptly provide
611
to the department the information received from the sexual
612
offender. The department shall notify the statewide law
613
enforcement agency, or a comparable agency, in the intended state
614
or jurisdiction of residence of the sexual offender's intended
615
residence. The failure of a sexual offender to provide his or her
616
intended place of residence is punishable as provided in
617
subsection (9).
618
(8) A sexual offender who indicates his or her intent to
619
reside or establish temporary, permanent, or transient residence
620
in another state or jurisdiction other than the State of Florida
621
and later decides to remain in this state shall, within 48 hours
622
after the date upon which the sexual offender indicated he or she
623
would leave this state, report in person to the sheriff to which
624
the sexual offender reported the intended change of temporary or
625
transient residence, and report his or her intent to remain in
626
this state. The sheriff shall promptly report this information to
627
the department. A sexual offender who reports his or her intent
628
to reside or establish temporary, permanent, or transient
629
residence in another state or jurisdiction but who remains in
630
this state without reporting to the sheriff in the manner
631
required by this subsection commits a felony of the second
633
634
(10) The department, the Department of Highway Safety and
635
Motor Vehicles, the Department of Corrections, the Department of
636
Juvenile Justice, any law enforcement agency in this state, and
637
the personnel of those departments; an elected or appointed
638
official, public employee, or school administrator; or an
639
employee, agency, or any individual or entity acting at the
640
request or upon the direction of any law enforcement agency is
641
immune from civil liability for damages for good faith compliance
642
with the requirements of this section or for the release of
643
information under this section, and shall be presumed to have
644
acted in good faith in compiling, recording, reporting, or
645
releasing the information. The presumption of good faith is not
646
overcome if a technical or clerical error is made by the
647
department, the Department of Highway Safety and Motor Vehicles,
648
the Department of Corrections, the Department of Juvenile
649
Justice, the personnel of those departments, or any individual or
650
entity acting at the request or upon the direction of any of
651
those departments in compiling or providing information, or if
652
information is incomplete or incorrect because a sexual offender
653
fails to report or falsely reports his or her current place of
654
permanent, or temporary, or transient residence.
655
(14)
656
(c) The sheriff's office may determine the appropriate
657
times and days for reporting by the sexual offender, which shall
658
be consistent with the reporting requirements of this subsection.
659
Reregistration shall include any changes to the following
660
information:
661
1. Name; social security number; age; race; sex; date of
662
birth; height; weight; hair and eye color; address of any
663
permanent residence and address of any current temporary
664
residence, within the state or out of state, including a rural
665
route address and a post office box; if no permanent or temporary
666
address, any transient residence within the state; address,
667
location, or description and dates of any current or known future
668
temporary residence within the state or out of state; any
669
electronic mail address and any instant message name required to
670
be provided pursuant to paragraph (4)(d); date and place of any
671
employment; vehicle make, model, color, and license tag number;
672
fingerprints; and photograph. A post office box shall not be
673
provided in lieu of a physical residential address.
674
2. If the sexual offender is enrolled, employed, or
675
carrying on a vocation at an institution of higher education in
676
this state, the sexual offender shall also provide to the
677
department the name, address, and county of each institution,
678
including each campus attended, and the sexual offender's
679
enrollment or employment status.
680
3. If the sexual offender's place of residence is a motor
681
vehicle, trailer, mobile home, or manufactured home, as defined
682
in chapter 320, the sexual offender shall also provide the
683
vehicle identification number; the license tag number; the
684
registration number; and a description, including color scheme,
685
of the motor vehicle, trailer, mobile home, or manufactured home.
686
If the sexual offender's place of residence is a vessel, live-
687
aboard vessel, or houseboat, as defined in chapter 327, the
688
sexual offender shall also provide the hull identification
689
number; the manufacturer's serial number; the name of the vessel,
690
live-aboard vessel, or houseboat; the registration number; and a
691
description, including color scheme, of the vessel, live-aboard
692
vessel or houseboat.
693
4. Any sexual offender who fails to report in person as
694
required at the sheriff's office, or who fails to respond to any
695
address verification correspondence from the department within 3
696
weeks of the date of the correspondence or who fails to report
697
electronic mail addresses or instant message names, commits a
698
felony of the third degree, punishable as provided in s. 775.082,
700
Section 4. Section 943.04352, Florida Statutes, is amended
701
to read:
702
943.04352 Search of registration information regarding
703
sexual predators and sexual offenders required when placement on
704
misdemeanor probation.--When the court places a defendant on
706
public or private entity providing probation services must
707
conduct a search of the probationer's name or other identifying
708
information against the registration information regarding sexual
709
predators and sexual offenders maintained by the Department of
710
Law Enforcement under s. 943.043. The probation services provider
711
may conduct the search using the Internet site maintained by the
712
Department of Law Enforcement. The national search must be
713
conducted through the national sex offender registry that is
714
maintained by the United States Department of Justice.
715
Section 5. Paragraph (a) of subsection (3) of section
716
944.606, Florida Statutes, is amended to read:
717
944.606 Sexual offenders; notification upon release.--
718
(3)(a) The department must provide information regarding
719
any sexual offender who is being released after serving a period
720
of incarceration for any offense, as follows:
721
1. The department must provide: the sexual offender's name,
722
any change in the offender's name by reason of marriage or other
723
legal process, and any alias, if known; the correctional facility
724
from which the sexual offender is released; the sexual offender's
725
social security number, race, sex, date of birth, height, weight,
726
and hair and eye color; address of any planned permanent
727
residence or temporary residence, within the state or out of
728
state, including a rural route address and a post office box; if
729
no permanent or temporary address, any transient residence within
730
the state; address, location, or description and dates of any
731
known future temporary residence within the state or out of
732
state; date and county of sentence and each crime for which the
733
offender was sentenced; a copy of the offender's fingerprints and
734
a digitized photograph taken within 60 days before release; the
735
date of release of the sexual offender; any electronic mail
736
address and any instant message name required to be provided
737
pursuant to s. 943.0435(4)(d); and the offender's intended
738
residence address, if known. The department shall notify the
739
Department of Law Enforcement if the sexual offender escapes,
740
absconds, or dies. If the sexual offender is in the custody of a
741
private correctional facility, the facility shall take the
742
digitized photograph of the sexual offender within 60 days before
743
the sexual offender's release and provide this photograph to the
744
Department of Corrections and also place it in the sexual
745
offender's file. If the sexual offender is in the custody of a
746
local jail, the custodian of the local jail shall register the
747
offender within 3 business days after intake of the offender for
748
any reason and upon release, and shall notify the Department of
749
Law Enforcement of the sexual offender's release and provide to
750
the Department of Law Enforcement the information specified in
751
this paragraph and any information specified in subparagraph 2.
752
that the Department of Law Enforcement requests.
753
2. The department may provide any other information deemed
754
necessary, including criminal and corrections records,
755
nonprivileged personnel and treatment records, when available.
756
Section 6. Paragraph (a) of subsection (4), paragraph (b)
757
of subsection (6), and paragraph (c) of subsection (13) of
758
section 944.607, Florida Statutes, are amended to read:
759
944.607 Notification to Department of Law Enforcement of
760
information on sexual offenders.--
761
(4) A sexual offender, as described in this section, who is
762
under the supervision of the Department of Corrections but is not
763
incarcerated must register with the Department of Corrections
764
within 3 business days after sentencing for a registerable
765
offense and otherwise provide information as required by this
766
subsection.
767
(a) The sexual offender shall provide his or her name; date
768
of birth; social security number; race; sex; height; weight; hair
769
and eye color; tattoos or other identifying marks; any electronic
770
mail address and any instant message name required to be provided
771
pursuant to s. 943.0435(4)(d); and permanent or legal residence
772
and address of temporary residence within the state or out of
773
state while the sexual offender is under supervision in this
774
state, including any rural route address or post office box; if
775
no permanent or temporary address, any transient residence within
776
the state; address, location, or description and dates of any
777
current or known future temporary residence within the state or
778
out of state. The Department of Corrections shall verify the
779
address of each sexual offender in the manner described in ss.
781
Department of Law Enforcement any failure by a sexual predator or
782
sexual offender to comply with registration requirements.
783
(6) The information provided to the Department of Law
784
Enforcement must include:
785
(b) The sexual offender's most current address and place of
786
permanent and temporary residence within the state or out of
787
state or transient residence, and address, location, or
788
description and dates of any current or known future temporary
789
residence within the state or out of state, while the sexual
790
offender is under supervision in this state, including the name
791
of the county or municipality in which the offender permanently
792
or temporarily resides or transient residence, and address,
793
location, or description and dates of any current or known future
794
temporary residence within the state or out of state, and, if
795
known, the intended place of permanent or temporary residence or
796
transient residence, and address, location, or description and
797
dates of any current or known future temporary residence within
798
the state or out of state upon satisfaction of all sanctions;
799
800
If any information provided by the department changes during the
801
time the sexual offender is under the department's control,
802
custody, or supervision, including any change in the offender's
803
name by reason of marriage or other legal process, the department
804
shall, in a timely manner, update the information and provide it
805
to the Department of Law Enforcement in the manner prescribed in
806
subsection (2).
807
(13)
808
(c) The sheriff's office may determine the appropriate
809
times and days for reporting by the sexual offender, which shall
810
be consistent with the reporting requirements of this subsection.
811
Reregistration shall include any changes to the following
812
information:
813
1. Name; social security number; age; race; sex; date of
814
birth; height; weight; hair and eye color; address of any
815
permanent residence and address of any current temporary
816
residence, within the state or out of state, including a rural
817
route address and a post office box; if no permanent or temporary
818
address, any transient residence; address, location, or
819
description and dates of any current or known future temporary
820
residence both within the state and out of state; any electronic
821
mail address and any instant message name required to be provided
822
pursuant to s. 943.0435(4)(d); date and place of any employment;
823
vehicle make, model, color, and license tag number; fingerprints;
824
and photograph. A post office box shall not be provided in lieu
825
of a physical residential address.
826
2. If the sexual offender is enrolled, employed, or
827
carrying on a vocation at an institution of higher education in
828
this state, the sexual offender shall also provide to the
829
department the name, address, and county of each institution,
830
including each campus attended, and the sexual offender's
831
enrollment or employment status.
832
3. If the sexual offender's place of residence is a motor
833
vehicle, trailer, mobile home, or manufactured home, as defined
834
in chapter 320, the sexual offender shall also provide the
835
vehicle identification number; the license tag number; the
836
registration number; and a description, including color scheme,
837
of the motor vehicle, trailer, mobile home, or manufactured home.
838
If the sexual offender's place of residence is a vessel, live-
839
aboard vessel, or houseboat, as defined in chapter 327, the
840
sexual offender shall also provide the hull identification
841
number; the manufacturer's serial number; the name of the vessel,
842
live-aboard vessel, or houseboat; the registration number; and a
843
description, including color scheme, of the vessel, live-aboard
844
vessel or houseboat.
845
4. Any sexual offender who fails to report in person as
846
required at the sheriff's office, or who fails to respond to any
847
address verification correspondence from the department within 3
848
weeks of the date of the correspondence, or who fails to report
849
electronic mail addresses or instant message names, commits a
850
felony of the third degree, punishable as provided in s. 775.082,
852
Section 7. Paragraph (b) of subsection (7) of section
853
947.1405, Florida Statutes, is amended, and subsection (11) is
854
added to that section, to read:
855
947.1405 Conditional release program.--
856
(7)
857
(b) For a releasee whose crime was committed on or after
858
October 1, 1997, in violation of chapter 794, s. 800.04, s.
860
release supervision, in addition to any other provision of this
861
subsection, the commission shall impose the following additional
862
conditions of conditional release supervision:
863
1. As part of a treatment program, participation in a
864
minimum of one annual polygraph examination to obtain information
865
necessary for risk management and treatment and to reduce the sex
866
offender's denial mechanisms. The polygraph examination must be
867
conducted by a polygrapher trained specifically in the use of the
868
polygraph for the monitoring of sex offenders who has been
869
authorized by the department and approved by the commission,
870
where available, and at the expense of the releasee sex offender.
871
The results of the polygraph examination shall be provided to the
872
releasee's probation officer and therapist and shall not be used
873
as evidence in a hearing to prove that a violation of supervision
874
has occurred.
875
2. Maintenance of a driving log and a prohibition against
876
driving a motor vehicle alone without the prior approval of the
877
supervising officer.
878
3. A prohibition against obtaining or using a post office
879
box without the prior approval of the supervising officer.
880
4. If there was sexual contact, a submission to, at the
881
releasee's probationer's or community controllee's expense, an
882
HIV test with the results to be released to the victim or the
883
victim's parent or guardian.
884
5. Electronic monitoring of any form when ordered by the
885
commission.
886
(11)(a) For a releasee whose crime was committed on or
887
after July 1, 2008, the commission must, in addition to all other
888
provisions of this section, impose the special conditions in
889
paragraph (b) on the following releasees:
890
1. A releasee whose crime was committed on or after July 1,
892
s. 847.0145 in this state or a similar offense in another
893
jurisdiction when, at the time of the offense, the victim was
894
under 16 years of age and the releasee was 18 years of age or
895
older.
896
2. A releasee who is designated as a sexual predator under
897
s. 775.21 or is determined to be a sexually violent predator
898
under chapter 394 or who has received a similar designation or
899
determination in another jurisdiction.
900
3. A releasee subject to registration as a sexual predator
902
committed an offense that would meet the criteria for the
903
designation or registration when at the time of the offense the
904
victim was under 16 years of age and the releasee was 18 years of
906
on or after July 1, 2008, and who is not otherwise subject to
907
this paragraph.
908
(b) The commission must order:
909
1. A prohibition on visiting areas where children regularly
910
congregate, including, but not limited to, schools, child care
911
centers, parks, and playgrounds. The commission may also
912
designate additional locations to protect a victim.
913
2. A prohibition on wearing a costume or acting in a manner
914
that engages children at a public event involving children under
915
18 years of age without prior approval from the court. Such
916
events include, but are not limited to, distributing candy or
917
other items to children on Halloween, wearing a Santa Claus
918
costume on or preceding Christmas, wearing an Easter Bunny
919
costume on or preceding Easter, entertaining at children's
920
parties, or wearing a clown costume.
921
Section 8. Paragraph (a) of subsection (2) of section
922
948.30, Florida Statutes, is amended, and subsection (4) is added
923
to that section, to read:
924
948.30 Additional terms and conditions of probation or
925
community control for certain sex offenses.--Conditions imposed
926
pursuant to this section do not require oral pronouncement at the
927
time of sentencing and shall be considered standard conditions of
928
probation or community control for offenders specified in this
929
section.
930
(2) Effective for a probationer or community controllee
931
whose crime was committed on or after October 1, 1997, and who is
932
placed on community control or sex offender probation for a
934
in addition to any other provision of this section, the court
935
must impose the following conditions of probation or community
936
control:
937
(a) As part of a treatment program, participation at least
938
annually in polygraph examinations to obtain information
939
necessary for risk management and treatment and to reduce the sex
940
offender's denial mechanisms. A polygraph examination must be
941
conducted by a polygrapher trained specifically in the use of the
942
polygraph for the monitoring of sex offenders who has been
943
authorized by the department and approved by the court, where
944
available, and shall be paid for by the probationer or community
945
controllee sex offender. The results of the polygraph examination
946
shall be provided to the probationer's or community controllee's
947
probation officer and therapist and shall not be used as evidence
948
in court to prove that a violation of community supervision has
949
occurred.
950
(4)(a) The court must, in addition to all other provisions
951
of this section, impose the special conditions in paragraph (b)
952
on the following probationers or community controllees whose
953
crime was committed on or after July 1, 2008:
954
1. A probationer or community controllee who violated s.
956
or committed a similar offense in another jurisdiction when, at
957
the time of the offense, the victim was under 16 years of age and
958
the probationer or community controllee was 18 years of age or
959
older.
960
2. A probationer or community controllee who is designated
961
as a sexual predator under s. 775.21 or is determined to be a
962
sexually violent predator under chapter 394 or who has received a
963
similar designation or determination in another jurisdiction.
964
3. A probationer or community controllee subject to
965
registration as a sexual predator under s. 775.21 or as a sexual
966
offender pursuant to s. 943.0435 who has committed an offense
967
that would meet the criteria for the designation or registration
968
when at the time of the offense the victim was under 16 years of
969
age and the probationer or community controllee was 18 years of
971
on or after July 1, 2008, and who is not otherwise subject to
972
this paragraph.
973
(b) The court must order:
974
1. A prohibition on visiting areas where children regularly
975
congregate, including, but not limited to, schools, child care
976
centers, parks, and playgrounds. The commission may also
977
designate additional locations to protect the victim.
978
2. A prohibition on participation in a holiday event
979
involving children under 18 years of age without prior approval
980
from the court. Such events include, but are not limited to,
981
distributing candy or other items to children on Halloween,
982
wearing a Santa Claus costume on or preceding Christmas, wearing
983
an Easter Bunny costume on or preceding Easter, entertaining at
984
children's parties, or wearing a clown costume.
985
Section 9. Section 948.31, Florida Statutes, is amended to
986
read:
987
948.31 Diagnosis, Evaluation, and treatment of sexual
988
predators and offenders placed on probation or community control
989
for certain sex offenses or child exploitation.--The court shall
990
require an a diagnosis and evaluation to determine the need of a
991
probationer or community controllee offender in community control
992
for treatment. If the court determines that a need therefor is
993
established by the such diagnosis and evaluation process, the
994
court shall require sexual offender treatment outpatient
995
counseling as a term or condition of probation or community
996
control for any person who meets the criteria to be designated as
997
a sexual predator under s. 775.21 or to be subject to
998
registration as a sexual offender under s. 943.0435. was found
999
guilty of any of the following, or whose plea of guilty or nolo
1000
contendere to any of the following was accepted by the court:
1001
(1) Lewd or lascivious battery, lewd or lascivious
1002
molestation, lewd or lascivious conduct, or lewd or lascivious
1003
exhibition, as defined in s. 800.04.
1004
(2) Sexual battery, as defined in chapter 794, against a
1005
child.
1006
(3) Exploitation of a child as provided in s. 450.151, or
1007
for prostitution.
1008
1009
Such treatment counseling shall be required to be obtained from a
1010
qualified practitioner specifically trained to treat sex
1011
offenders. The court shall impose a restriction against contact
1012
with minors if sexual offender treatment is recommended community
1013
mental health center, a recognized social service agency
1014
providing mental health services, or a private mental health
1015
professional or through other professional counseling. The
1016
evaluation and recommendations plan for treatment of counseling
1017
for the probationer or community controllee individual shall be
1018
provided to the court for review.
1019
Section 10. Paragraph (a) of subsection (3) of section
1020
985.481, Florida Statutes, is amended to read:
1021
985.481 Sexual offenders adjudicated delinquent;
1022
notification upon release.--
1023
(3)(a) The department must provide information regarding
1024
any sexual offender who is being released after serving a period
1025
of residential commitment under the department for any offense,
1026
as follows:
1027
1. The department must provide the sexual offender's name,
1028
any change in the offender's name by reason of marriage or other
1029
legal process, and any alias, if known; the correctional facility
1030
from which the sexual offender is released; the sexual offender's
1031
social security number, race, sex, date of birth, height, weight,
1032
and hair and eye color; address of any planned permanent
1033
residence or temporary residence, within the state or out of
1034
state, including a rural route address and a post office box; if
1035
no permanent or temporary address, any transient residence within
1036
the state; address, location, or description and dates of any
1037
known future temporary residence within the state or out of
1038
state; date and county of disposition and each crime for which
1039
there was a disposition; a copy of the offender's fingerprints
1040
and a digitized photograph taken within 60 days before release;
1041
the date of release of the sexual offender; and the offender's
1042
intended residence address, if known. The department shall notify
1043
the Department of Law Enforcement if the sexual offender escapes,
1044
absconds, or dies. If the sexual offender is in the custody of a
1045
private correctional facility, the facility shall take the
1046
digitized photograph of the sexual offender within 60 days before
1047
the sexual offender's release and also place it in the sexual
1048
offender's file. If the sexual offender is in the custody of a
1049
local jail, the custodian of the local jail shall register the
1050
offender within 3 business days after intake of the offender for
1051
any reason and upon release, and shall notify the Department of
1052
Law Enforcement of the sexual offender's release and provide to
1053
the Department of Law Enforcement the information specified in
1054
this subparagraph and any information specified in subparagraph
1055
2. which the Department of Law Enforcement requests.
1056
2. The department may provide any other information
1057
considered necessary, including criminal and delinquency records,
1058
when available.
1059
Section 11. Paragraph (a) of subsection (4), paragraph (a)
1060
of subsection (6), and paragraph (b) of subsection (13) of
1061
section 985.4815, Florida Statutes, are amended to read:
1062
985.4815 Notification to Department of Law Enforcement of
1063
information on juvenile sexual offenders.--
1064
(4) A sexual offender, as described in this section, who is
1065
under the supervision of the department but who is not committed
1066
must register with the department within 3 business days after
1067
adjudication and disposition for a registrable offense and
1068
otherwise provide information as required by this subsection.
1069
(a) The sexual offender shall provide his or her name; date
1070
of birth; social security number; race; sex; height; weight; hair
1071
and eye color; tattoos or other identifying marks; and permanent
1072
or legal residence and address of temporary residence within the
1073
state or out of state while the sexual offender is in the care or
1074
custody or under the jurisdiction or supervision of the
1075
department in this state, including any rural route address or
1076
post office box, if no permanent or temporary address, any
1077
transient residence; address, location, or description and dates
1078
of any current or known future temporary residence within the
1079
state or out of state, and the name and address of each school
1080
attended. The department shall verify the address of each sexual
1081
offender and shall report to the Department of Law Enforcement
1082
any failure by a sexual offender to comply with registration
1083
requirements.
1084
(6)(a) The information provided to the Department of Law
1085
Enforcement must include the following:
1086
1. The information obtained from the sexual offender under
1087
subsection (4).
1088
2. The sexual offender's most current address and place of
1089
permanent or temporary residence within the state or out of state
1090
or transient residence; and address, location, or description and
1091
dates of any current or known future temporary residence within
1092
the state or out of state while the sexual offender is in the
1093
care or custody or under the jurisdiction or supervision of the
1094
department in this state, including the name of the county or
1095
municipality in which the offender permanently or temporarily
1096
resides or transient residence; and address, location, or
1097
description and dates of any current or known future temporary
1098
residence within the state or out of state; and, if known, the
1099
intended place of permanent or temporary residence or transient
1100
residence; and address, location, or description and dates of any
1101
current or known future temporary residence within the state or
1102
out of state upon satisfaction of all sanctions.
1103
3. The legal status of the sexual offender and the
1104
scheduled termination date of that legal status.
1105
4. The location of, and local telephone number for, any
1106
department office that is responsible for supervising the sexual
1107
offender.
1108
5. An indication of whether the victim of the offense that
1109
resulted in the offender's status as a sexual offender was a
1110
minor.
1111
6. The offense or offenses at adjudication and disposition
1112
that resulted in the determination of the offender's status as a
1113
sex offender.
1114
7. A digitized photograph of the sexual offender, which
1115
must have been taken within 60 days before the offender was
1116
released from the custody of the department or a private
1117
correctional facility by expiration of sentence under s. 944.275,
1118
or within 60 days after the onset of the department's supervision
1119
of any sexual offender who is on probation, postcommitment
1120
probation, residential commitment, nonresidential commitment,
1121
licensed child-caring commitment, community control, conditional
1122
release, parole, provisional release, or control release or who
1123
is supervised by the department under the Interstate Compact
1124
Agreement for Probationers and Parolees. If the sexual offender
1125
is in the custody of a private correctional facility, the
1126
facility shall take a digitized photograph of the sexual offender
1127
within the time period provided in this subparagraph and shall
1128
provide the photograph to the department.
1129
(13)
1130
(b) The sheriff's office may determine the appropriate
1131
times and days for reporting by the sexual offender, which shall
1132
be consistent with the reporting requirements of this subsection.
1133
Reregistration shall include any changes to the following
1134
information:
1135
1. Name; social security number; age; race; sex; date of
1136
birth; height; weight; hair and eye color; address of any
1137
permanent residence and address of any current temporary
1138
residence, within the state or out of state, including a rural
1139
route address and a post office box; if no permanent or temporary
1140
address, any transient residence; address, location, or
1141
description and dates of any current or known future temporary
1142
residence within the state or out of state; name and address of
1143
each school attended; date and place of any employment; vehicle
1144
make, model, color, and license tag number; fingerprints; and
1145
photograph. A post office box shall not be provided in lieu of a
1146
physical residential address.
1147
2. If the sexual offender is enrolled, employed, or
1148
carrying on a vocation at an institution of higher education in
1149
this state, the sexual offender shall also provide to the
1150
department the name, address, and county of each institution,
1151
including each campus attended, and the sexual offender's
1152
enrollment or employment status.
1153
3. If the sexual offender's place of residence is a motor
1154
vehicle, trailer, mobile home, or manufactured home, as defined
1155
in chapter 320, the sexual offender shall also provide the
1156
vehicle identification number; the license tag number; the
1157
registration number; and a description, including color scheme,
1158
of the motor vehicle, trailer, mobile home, or manufactured home.
1159
If the sexual offender's place of residence is a vessel, live-
1160
aboard vessel, or houseboat, as defined in chapter 327, the
1161
sexual offender shall also provide the hull identification
1162
number; the manufacturer's serial number; the name of the vessel,
1163
live-aboard vessel, or houseboat; the registration number; and a
1164
description, including color scheme, of the vessel, live-aboard
1165
vessel, or houseboat.
1166
4. Any sexual offender who fails to report in person as
1167
required at the sheriff's office, or who fails to respond to any
1168
address verification correspondence from the department within 3
1169
weeks after the date of the correspondence, commits a felony of
1171
and 775.084.
1172
Section 12. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.