| 1 | Representative Kiar offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 60 and 61, insert: |
| 5 | Section 2. Paragraph (a) of subsection (6), paragraph (a) |
| 6 | of subsection (8), and paragraph (a) of subsection (10) of |
| 7 | section 775.21, Florida Statutes, are amended to read: |
| 8 | 775.21 The Florida Sexual Predators Act.-- |
| 9 | (6) REGISTRATION.-- |
| 10 | (a) A sexual predator must register with the department |
| 11 | through the sheriff's office by providing the following |
| 12 | information to the department: |
| 13 | 1. Name, social security number, age, race, sex, date of |
| 14 | birth, height, weight, hair and eye color, photograph, address |
| 15 | of legal residence and address of any current temporary |
| 16 | residence, within the state or out of state, including a rural |
| 17 | route address and a post office box, any electronic mail address |
| 18 | and any instant message name required to be provided pursuant to |
| 19 | subparagraph (g)4., home telephone number and any cellular |
| 20 | telephone number, date and place of any employment, date and |
| 21 | place of each conviction, fingerprints, and a brief description |
| 22 | of the crime or crimes committed by the offender. A post office |
| 23 | box shall not be provided in lieu of a physical residential |
| 24 | address. |
| 25 | a. If the sexual predator's place of residence is a motor |
| 26 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 27 | in chapter 320, the sexual predator shall also provide to the |
| 28 | department written notice of the vehicle identification number; |
| 29 | the license tag number; the registration number; and a |
| 30 | description, including color scheme, of the motor vehicle, |
| 31 | trailer, mobile home, or manufactured home. If a sexual |
| 32 | predator's place of residence is a vessel, live-aboard vessel, |
| 33 | or houseboat, as defined in chapter 327, the sexual predator |
| 34 | shall also provide to the department written notice of the hull |
| 35 | identification number; the manufacturer's serial number; the |
| 36 | name of the vessel, live-aboard vessel, or houseboat; the |
| 37 | registration number; and a description, including color scheme, |
| 38 | of the vessel, live-aboard vessel, or houseboat. |
| 39 | b. If the sexual predator is enrolled, employed, or |
| 40 | carrying on a vocation at an institution of higher education in |
| 41 | this state, the sexual predator shall also provide to the |
| 42 | department the name, address, and county of each institution, |
| 43 | including each campus attended, and the sexual predator's |
| 44 | enrollment or employment status. Each change in enrollment or |
| 45 | employment status shall be reported in person at the sheriff's |
| 46 | office, or the Department of Corrections if the sexual predator |
| 47 | is in the custody or control of or under the supervision of the |
| 48 | Department of Corrections, within 48 hours after any change in |
| 49 | status. The sheriff or the Department of Corrections shall |
| 50 | promptly notify each institution of the sexual predator's |
| 51 | presence and any change in the sexual predator's enrollment or |
| 52 | employment status. |
| 53 | 2. Any other information determined necessary by the |
| 54 | department, including criminal and corrections records; |
| 55 | nonprivileged personnel and treatment records; and evidentiary |
| 56 | genetic markers when available. |
| 57 | (8) VERIFICATION.--The department and the Department of |
| 58 | Corrections shall implement a system for verifying the addresses |
| 59 | of sexual predators. The system must be consistent with the |
| 60 | provisions of the federal Adam Walsh Child Protection and Safety |
| 61 | Act of 2006 and any other federal standards applicable to such |
| 62 | verification or required to be met as a condition for the |
| 63 | receipt of federal funds by the state. The Department of |
| 64 | Corrections shall verify the addresses of sexual predators who |
| 65 | are not incarcerated but who reside in the community under the |
| 66 | supervision of the Department of Corrections and shall report to |
| 67 | the department any failure by a sexual predator to comply with |
| 68 | registration requirements. County and local law enforcement |
| 69 | agencies, in conjunction with the department, shall verify the |
| 70 | addresses of sexual predators who are not under the care, |
| 71 | custody, control, or supervision of the Department of |
| 72 | Corrections. Local law enforcement agencies shall report to the |
| 73 | department any failure by a sexual predator to comply with |
| 74 | registration requirements. |
| 75 | (a) A sexual predator must report in person each year |
| 76 | during the month of the sexual predator's birthday and during |
| 77 | every third month thereafter to the sheriff's office in the |
| 78 | county in which he or she resides or is otherwise located to |
| 79 | reregister. The sheriff's office may determine the appropriate |
| 80 | times and days for reporting by the sexual predator, which shall |
| 81 | be consistent with the reporting requirements of this paragraph. |
| 82 | Reregistration shall include any changes to the following |
| 83 | information: |
| 84 | 1. Name; social security number; age; race; sex; date of |
| 85 | birth; height; weight; hair and eye color; address of any |
| 86 | permanent residence and address of any current temporary |
| 87 | residence, within the state or out of state, including a rural |
| 88 | route address and a post office box; any electronic mail address |
| 89 | and any instant message name required to be provided pursuant to |
| 90 | subparagraph (6)(g)4.; home telephone number and any cellular |
| 91 | telephone number; date and place of any employment; vehicle |
| 92 | make, model, color, and license tag number; fingerprints; and |
| 93 | photograph. A post office box shall not be provided in lieu of a |
| 94 | physical residential address. |
| 95 | 2. If the sexual predator is enrolled, employed, or |
| 96 | carrying on a vocation at an institution of higher education in |
| 97 | this state, the sexual predator shall also provide to the |
| 98 | department the name, address, and county of each institution, |
| 99 | including each campus attended, and the sexual predator's |
| 100 | enrollment or employment status. |
| 101 | 3. If the sexual predator's place of residence is a motor |
| 102 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 103 | in chapter 320, the sexual predator shall also provide the |
| 104 | vehicle identification number; the license tag number; the |
| 105 | registration number; and a description, including color scheme, |
| 106 | of the motor vehicle, trailer, mobile home, or manufactured |
| 107 | home. If the sexual predator's place of residence is a vessel, |
| 108 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 109 | sexual predator shall also provide the hull identification |
| 110 | number; the manufacturer's serial number; the name of the |
| 111 | vessel, live-aboard vessel, or houseboat; the registration |
| 112 | number; and a description, including color scheme, of the |
| 113 | vessel, live-aboard vessel, or houseboat. |
| 114 | (10) PENALTIES.-- |
| 115 | (a) Except as otherwise specifically provided, a sexual |
| 116 | predator who fails to register; who fails, after registration, |
| 117 | to maintain, acquire, or renew a driver's license or |
| 118 | identification card; who fails to provide required location |
| 119 | information, electronic mail address information, instant |
| 120 | message name information, home telephone number and any cellular |
| 121 | telephone number, or change-of-name information; who fails to |
| 122 | make a required report in connection with vacating a permanent |
| 123 | residence; who fails to reregister as required; who fails to |
| 124 | respond to any address verification correspondence from the |
| 125 | department within 3 weeks of the date of the correspondence; or |
| 126 | who otherwise fails, by act or omission, to comply with the |
| 127 | requirements of this section, commits a felony of the third |
| 128 | degree, punishable as provided in s. 775.082, s. 775.083, or s. |
| 129 | 775.084. |
| 130 | Section 3. Paragraph (b) of subsection (2) and paragraph |
| 131 | (c) of subsection (14) of section 943.0435, Florida Statutes, |
| 132 | are amended to read: |
| 133 | 943.0435 Sexual offenders required to register with the |
| 134 | department; penalty.-- |
| 135 | (2) A sexual offender shall: |
| 136 | (b) Provide his or her name, date of birth, social |
| 137 | security number, race, sex, height, weight, hair and eye color, |
| 138 | tattoos or other identifying marks, occupation and place of |
| 139 | employment, address of permanent or legal residence or address |
| 140 | of any current temporary residence, within the state and out of |
| 141 | state, including a rural route address and a post office box, |
| 142 | home telephone number and any cellular telephone number, any |
| 143 | electronic mail address and any instant message name required to |
| 144 | be provided pursuant to paragraph (4)(d), date and place of each |
| 145 | conviction, and a brief description of the crime or crimes |
| 146 | committed by the offender. A post office box shall not be |
| 147 | provided in lieu of a physical residential address. |
| 148 | 1. If the sexual offender's place of residence is a motor |
| 149 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 150 | in chapter 320, the sexual offender shall also provide to the |
| 151 | department through the sheriff's office written notice of the |
| 152 | vehicle identification number; the license tag number; the |
| 153 | registration number; and a description, including color scheme, |
| 154 | of the motor vehicle, trailer, mobile home, or manufactured |
| 155 | home. If the sexual offender's place of residence is a vessel, |
| 156 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 157 | sexual offender shall also provide to the department written |
| 158 | notice of the hull identification number; the manufacturer's |
| 159 | serial number; the name of the vessel, live-aboard vessel, or |
| 160 | houseboat; the registration number; and a description, including |
| 161 | color scheme, of the vessel, live-aboard vessel, or houseboat. |
| 162 | 2. If the sexual offender is enrolled, employed, or |
| 163 | carrying on a vocation at an institution of higher education in |
| 164 | this state, the sexual offender shall also provide to the |
| 165 | department through the sheriff's office the name, address, and |
| 166 | county of each institution, including each campus attended, and |
| 167 | the sexual offender's enrollment or employment status. Each |
| 168 | change in enrollment or employment status shall be reported in |
| 169 | person at the sheriff's office, within 48 hours after any change |
| 170 | in status. The sheriff shall promptly notify each institution of |
| 171 | the sexual offender's presence and any change in the sexual |
| 172 | offender's enrollment or employment status. |
| 173 |
|
| 174 | When a sexual offender reports at the sheriff's office, the |
| 175 | sheriff shall take a photograph and a set of fingerprints of the |
| 176 | offender and forward the photographs and fingerprints to the |
| 177 | department, along with the information provided by the sexual |
| 178 | offender. The sheriff shall promptly provide to the department |
| 179 | the information received from the sexual offender. |
| 180 | (14) |
| 181 | (c) The sheriff's office may determine the appropriate |
| 182 | times and days for reporting by the sexual offender, which shall |
| 183 | be consistent with the reporting requirements of this |
| 184 | subsection. Reregistration shall include any changes to the |
| 185 | following information: |
| 186 | 1. Name; social security number; age; race; sex; date of |
| 187 | birth; height; weight; hair and eye color; address of any |
| 188 | permanent residence and address of any current temporary |
| 189 | residence, within the state or out of state, including a rural |
| 190 | route address and a post office box; any electronic mail address |
| 191 | and any instant message name required to be provided pursuant to |
| 192 | paragraph (4)(d); telephone number, including any cellular |
| 193 | telephone number; date and place of any employment; vehicle |
| 194 | make, model, color, and license tag number; fingerprints; and |
| 195 | photograph. A post office box shall not be provided in lieu of a |
| 196 | physical residential address. |
| 197 | 2. If the sexual offender is enrolled, employed, or |
| 198 | carrying on a vocation at an institution of higher education in |
| 199 | this state, the sexual offender shall also provide to the |
| 200 | department the name, address, and county of each institution, |
| 201 | including each campus attended, and the sexual offender's |
| 202 | enrollment or employment status. |
| 203 | 3. If the sexual offender's place of residence is a motor |
| 204 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 205 | in chapter 320, the sexual offender shall also provide the |
| 206 | vehicle identification number; the license tag number; the |
| 207 | registration number; and a description, including color scheme, |
| 208 | of the motor vehicle, trailer, mobile home, or manufactured |
| 209 | home. If the sexual offender's place of residence is a vessel, |
| 210 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 211 | sexual offender shall also provide the hull identification |
| 212 | number; the manufacturer's serial number; the name of the |
| 213 | vessel, live-aboard vessel, or houseboat; the registration |
| 214 | number; and a description, including color scheme, of the |
| 215 | vessel, live-aboard vessel or houseboat. |
| 216 | 4. Any sexual offender who fails to report in person as |
| 217 | required at the sheriff's office, or who fails to respond to any |
| 218 | address verification correspondence from the department within 3 |
| 219 | weeks of the date of the correspondence or who fails to report |
| 220 | electronic mail addresses or instant message names, commits a |
| 221 | felony of the third degree, punishable as provided in s. |
| 222 | 775.082, s. 775.083, or s. 775.084. |
| 223 | Section 4. Paragraph (a) of subsection (3) of section |
| 224 | 944.606, Florida Statutes, is amended to read: |
| 225 | 944.606 Sexual offenders; notification upon release.-- |
| 226 | (3)(a) The department must provide information regarding |
| 227 | any sexual offender who is being released after serving a period |
| 228 | of incarceration for any offense, as follows: |
| 229 | 1. The department must provide: the sexual offender's |
| 230 | name, any change in the offender's name by reason of marriage or |
| 231 | other legal process, and any alias, if known; the correctional |
| 232 | facility from which the sexual offender is released; the sexual |
| 233 | offender's social security number, race, sex, date of birth, |
| 234 | height, weight, and hair and eye color; date and county of |
| 235 | sentence and each crime for which the offender was sentenced; a |
| 236 | copy of the offender's fingerprints and a digitized photograph |
| 237 | taken within 60 days before release; the date of release of the |
| 238 | sexual offender; any electronic mail address and any instant |
| 239 | message name required to be provided pursuant to s. |
| 240 | 943.0435(4)(d); telephone number, including any cellular |
| 241 | telephone number; and the offender's intended residence address, |
| 242 | if known. The department shall notify the Department of Law |
| 243 | Enforcement if the sexual offender escapes, absconds, or dies. |
| 244 | If the sexual offender is in the custody of a private |
| 245 | correctional facility, the facility shall take the digitized |
| 246 | photograph of the sexual offender within 60 days before the |
| 247 | sexual offender's release and provide this photograph to the |
| 248 | Department of Corrections and also place it in the sexual |
| 249 | offender's file. If the sexual offender is in the custody of a |
| 250 | local jail, the custodian of the local jail shall register the |
| 251 | offender within 3 business days after intake of the offender for |
| 252 | any reason and upon release, and shall notify the Department of |
| 253 | Law Enforcement of the sexual offender's release and provide to |
| 254 | the Department of Law Enforcement the information specified in |
| 255 | this paragraph and any information specified in subparagraph 2. |
| 256 | that the Department of Law Enforcement requests. |
| 257 | 2. The department may provide any other information deemed |
| 258 | necessary, including criminal and corrections records, |
| 259 | nonprivileged personnel and treatment records, when available. |
| 260 |
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| 261 | ----------------------------------------------------- |
| 262 | T I T L E A M E N D M E N T |
| 263 | Remove line 14 and insert: |
| 264 | is assessed; amending ss. 775.21, 943.0435, and 944.606, F.S.; |
| 265 | requiring sexual offenders and predators to provide home |
| 266 | telephone numbers and any cellular telephone numbers as part of |
| 267 | the registration process; providing an effective date. |