CS/HB 755

1
A bill to be entitled
2An act relating to sexual offenders and sexual predators;
3creating s. 943.04355, F.S.; requiring a landlord who
4knowingly solicits, rents, or leases a dwelling unit to a
5sexual offender or sexual predator to verify that
6individual's address; requiring that the landlord notify
7the sheriff in certain instances; providing definitions;
8providing that the Attorney General may enforce the stated
9obligations; providing that a circuit court may assess a
10civil penalty against a landlord who willfully violates
11the required obligations; limiting the amount of the civil
12penalty; providing that the Attorney General is entitled
13to reasonable attorney's fees and costs if a civil penalty
14is assessed; amending ss. 775.21, 943.0435, and 944.606,
15F.S.; requiring sexual offenders and predators to provide
16home telephone numbers and any cellular telephone numbers
17as part of the registration process; providing an
18effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Section 943.04355, Florida Statutes, is created
23to read:
24     943.04355  Dwelling rental or solicitation; sexual
25offenders and predators.--
26     (1)  A landlord who knowingly solicits an individual who is
27registered as a sexual offender or a sexual predator to rent or
28lease a dwelling unit because of his or her status as a
29registered sexual offender or a sexual predator, shall, within 5
30days after the date the individual occupies the dwelling unit as
31a tenant, do all of the following:
32     (a)  Conduct a search for the tenant's name in the sexual
33offender database.
34     (b)  Confirm that the address of the tenant identified as a
35sexual offender or sexual predator is correctly reflected on the
36sexual offender database.
37     (c)  Notify the sheriff of the county in which the dwelling
38is located if the address of a tenant identified as a sexual
39offender or sexual predator is not correctly reflected on the
40sexual offender database.
41     (2)  As used in this section, the term:
42     (a)  "Dwelling unit," "landlord," "rent," and "tenant" have
43the same meanings as provided in s. 83.43.
44     (b)  "Sexual offender" has the same meaning as provided in
45s. 943.0435.
46     (c)  "Sexual offender database" means the database of
47registration information regarding sexual predators and sexual
48offenders maintained by the department under s. 943.043.
49     (d)  "Sexual predator" has the same meaning as provided in
50s. 775.21.
51     (e)  "Solicit" means to initiate contact with a sexual
52offender or sexual predator for the purpose of attempting to
53rent or lease a dwelling unit, where such sexual offender or
54sexual predator has expressed no previous interest in renting or
55leasing the dwelling unit.
56     (3)  Any person who willfully violates this section is
57liable for a civil penalty that may not exceed $10,000 for each
58violation. A civil penalty may be recovered in any action
59brought in the circuit court by the Attorney General to enforce
60this section. If a civil penalty is assessed against the
61landlord, the Attorney General is entitled to recover reasonable
62attorney's fees and costs. A civil penalty collected under this
63subsection shall accrue to the state and be deposited as
64received into the General Revenue Fund unallocated.
65     Section 2.  Paragraph (a) of subsection (6), paragraph (a)
66of subsection (8), and paragraph (a) of subsection (10) of
67section 775.21, Florida Statutes, are amended to read:
68     775.21  The Florida Sexual Predators Act.--
69     (6)  REGISTRATION.--
70     (a)  A sexual predator must register with the department
71through the sheriff's office by providing the following
72information to the department:
73     1.  Name, social security number, age, race, sex, date of
74birth, height, weight, hair and eye color, photograph, address
75of legal residence and address of any current temporary
76residence, within the state or out of state, including a rural
77route address and a post office box, any electronic mail address
78and any instant message name required to be provided pursuant to
79subparagraph (g)4., home telephone number and any cellular
80telephone number, date and place of any employment, date and
81place of each conviction, fingerprints, and a brief description
82of the crime or crimes committed by the offender. A post office
83box shall not be provided in lieu of a physical residential
84address.
85     a.  If the sexual predator's place of residence is a motor
86vehicle, trailer, mobile home, or manufactured home, as defined
87in chapter 320, the sexual predator shall also provide to the
88department written notice of the vehicle identification number;
89the license tag number; the registration number; and a
90description, including color scheme, of the motor vehicle,
91trailer, mobile home, or manufactured home. If a sexual
92predator's place of residence is a vessel, live-aboard vessel,
93or houseboat, as defined in chapter 327, the sexual predator
94shall also provide to the department written notice of the hull
95identification number; the manufacturer's serial number; the
96name of the vessel, live-aboard vessel, or houseboat; the
97registration number; and a description, including color scheme,
98of the vessel, live-aboard vessel, or houseboat.
99     b.  If the sexual predator is enrolled, employed, or
100carrying on a vocation at an institution of higher education in
101this state, the sexual predator shall also provide to the
102department the name, address, and county of each institution,
103including each campus attended, and the sexual predator's
104enrollment or employment status. Each change in enrollment or
105employment status shall be reported in person at the sheriff's
106office, or the Department of Corrections if the sexual predator
107is in the custody or control of or under the supervision of the
108Department of Corrections, within 48 hours after any change in
109status. The sheriff or the Department of Corrections shall
110promptly notify each institution of the sexual predator's
111presence and any change in the sexual predator's enrollment or
112employment status.
113     2.  Any other information determined necessary by the
114department, including criminal and corrections records;
115nonprivileged personnel and treatment records; and evidentiary
116genetic markers when available.
117     (8)  VERIFICATION.--The department and the Department of
118Corrections shall implement a system for verifying the addresses
119of sexual predators. The system must be consistent with the
120provisions of the federal Adam Walsh Child Protection and Safety
121Act of 2006 and any other federal standards applicable to such
122verification or required to be met as a condition for the
123receipt of federal funds by the state. The Department of
124Corrections shall verify the addresses of sexual predators who
125are not incarcerated but who reside in the community under the
126supervision of the Department of Corrections and shall report to
127the department any failure by a sexual predator to comply with
128registration requirements. County and local law enforcement
129agencies, in conjunction with the department, shall verify the
130addresses of sexual predators who are not under the care,
131custody, control, or supervision of the Department of
132Corrections. Local law enforcement agencies shall report to the
133department any failure by a sexual predator to comply with
134registration requirements.
135     (a)  A sexual predator must report in person each year
136during the month of the sexual predator's birthday and during
137every third month thereafter to the sheriff's office in the
138county in which he or she resides or is otherwise located to
139reregister. The sheriff's office may determine the appropriate
140times and days for reporting by the sexual predator, which shall
141be consistent with the reporting requirements of this paragraph.
142Reregistration shall include any changes to the following
143information:
144     1.  Name; social security number; age; race; sex; date of
145birth; height; weight; hair and eye color; address of any
146permanent residence and address of any current temporary
147residence, within the state or out of state, including a rural
148route address and a post office box; any electronic mail address
149and any instant message name required to be provided pursuant to
150subparagraph (6)(g)4.; home telephone number and any cellular
151telephone number; date and place of any employment; vehicle
152make, model, color, and license tag number; fingerprints; and
153photograph. A post office box shall not be provided in lieu of a
154physical residential address.
155     2.  If the sexual predator is enrolled, employed, or
156carrying on a vocation at an institution of higher education in
157this state, the sexual predator shall also provide to the
158department the name, address, and county of each institution,
159including each campus attended, and the sexual predator's
160enrollment or employment status.
161     3.  If the sexual predator's place of residence is a motor
162vehicle, trailer, mobile home, or manufactured home, as defined
163in chapter 320, the sexual predator shall also provide the
164vehicle identification number; the license tag number; the
165registration number; and a description, including color scheme,
166of the motor vehicle, trailer, mobile home, or manufactured
167home. If the sexual predator's place of residence is a vessel,
168live-aboard vessel, or houseboat, as defined in chapter 327, the
169sexual predator shall also provide the hull identification
170number; the manufacturer's serial number; the name of the
171vessel, live-aboard vessel, or houseboat; the registration
172number; and a description, including color scheme, of the
173vessel, live-aboard vessel, or houseboat.
174     (10)  PENALTIES.--
175     (a)  Except as otherwise specifically provided, a sexual
176predator who fails to register; who fails, after registration,
177to maintain, acquire, or renew a driver's license or
178identification card; who fails to provide required location
179information, electronic mail address information, instant
180message name information, home telephone number and any cellular
181telephone number, or change-of-name information; who fails to
182make a required report in connection with vacating a permanent
183residence; who fails to reregister as required; who fails to
184respond to any address verification correspondence from the
185department within 3 weeks of the date of the correspondence; or
186who otherwise fails, by act or omission, to comply with the
187requirements of this section, commits a felony of the third
188degree, punishable as provided in s. 775.082, s. 775.083, or s.
189775.084.
190     Section 3.  Paragraph (b) of subsection (2) and paragraph
191(c) of subsection (14) of section 943.0435, Florida Statutes,
192are amended to read:
193     943.0435  Sexual offenders required to register with the
194department; penalty.--
195     (2)  A sexual offender shall:
196     (b)  Provide his or her name, date of birth, social
197security number, race, sex, height, weight, hair and eye color,
198tattoos or other identifying marks, occupation and place of
199employment, address of permanent or legal residence or address
200of any current temporary residence, within the state and out of
201state, including a rural route address and a post office box,
202home telephone number and any cellular telephone number, any
203electronic mail address and any instant message name required to
204be provided pursuant to paragraph (4)(d), date and place of each
205conviction, and a brief description of the crime or crimes
206committed by the offender. A post office box shall not be
207provided in lieu of a physical residential address.
208     1.  If the sexual offender's place of residence is a motor
209vehicle, trailer, mobile home, or manufactured home, as defined
210in chapter 320, the sexual offender shall also provide to the
211department through the sheriff's office written notice of the
212vehicle identification number; the license tag number; the
213registration number; and a description, including color scheme,
214of the motor vehicle, trailer, mobile home, or manufactured
215home. If the sexual offender's place of residence is a vessel,
216live-aboard vessel, or houseboat, as defined in chapter 327, the
217sexual offender shall also provide to the department written
218notice of the hull identification number; the manufacturer's
219serial number; the name of the vessel, live-aboard vessel, or
220houseboat; the registration number; and a description, including
221color scheme, of the vessel, live-aboard vessel, or houseboat.
222     2.  If the sexual offender is enrolled, employed, or
223carrying on a vocation at an institution of higher education in
224this state, the sexual offender shall also provide to the
225department through the sheriff's office the name, address, and
226county of each institution, including each campus attended, and
227the sexual offender's enrollment or employment status. Each
228change in enrollment or employment status shall be reported in
229person at the sheriff's office, within 48 hours after any change
230in status. The sheriff shall promptly notify each institution of
231the sexual offender's presence and any change in the sexual
232offender's enrollment or employment status.
233
234When a sexual offender reports at the sheriff's office, the
235sheriff shall take a photograph and a set of fingerprints of the
236offender and forward the photographs and fingerprints to the
237department, along with the information provided by the sexual
238offender. The sheriff shall promptly provide to the department
239the information received from the sexual offender.
240     (14)
241     (c)  The sheriff's office may determine the appropriate
242times and days for reporting by the sexual offender, which shall
243be consistent with the reporting requirements of this
244subsection. Reregistration shall include any changes to the
245following information:
246     1.  Name; social security number; age; race; sex; date of
247birth; height; weight; hair and eye color; address of any
248permanent residence and address of any current temporary
249residence, within the state or out of state, including a rural
250route address and a post office box; any electronic mail address
251and any instant message name required to be provided pursuant to
252paragraph (4)(d); telephone number, including any cellular
253telephone number; date and place of any employment; vehicle
254make, model, color, and license tag number; fingerprints; and
255photograph. A post office box shall not be provided in lieu of a
256physical residential address.
257     2.  If the sexual offender is enrolled, employed, or
258carrying on a vocation at an institution of higher education in
259this state, the sexual offender shall also provide to the
260department the name, address, and county of each institution,
261including each campus attended, and the sexual offender's
262enrollment or employment status.
263     3.  If the sexual offender's place of residence is a motor
264vehicle, trailer, mobile home, or manufactured home, as defined
265in chapter 320, the sexual offender shall also provide the
266vehicle identification number; the license tag number; the
267registration number; and a description, including color scheme,
268of the motor vehicle, trailer, mobile home, or manufactured
269home. If the sexual offender's place of residence is a vessel,
270live-aboard vessel, or houseboat, as defined in chapter 327, the
271sexual offender shall also provide the hull identification
272number; the manufacturer's serial number; the name of the
273vessel, live-aboard vessel, or houseboat; the registration
274number; and a description, including color scheme, of the
275vessel, live-aboard vessel or houseboat.
276     4.  Any sexual offender who fails to report in person as
277required at the sheriff's office, or who fails to respond to any
278address verification correspondence from the department within 3
279weeks of the date of the correspondence or who fails to report
280electronic mail addresses or instant message names, commits a
281felony of the third degree, punishable as provided in s.
282775.082, s. 775.083, or s. 775.084.
283     Section 4.  Paragraph (a) of subsection (3) of section
284944.606, Florida Statutes, is amended to read:
285     944.606  Sexual offenders; notification upon release.--
286     (3)(a)  The department must provide information regarding
287any sexual offender who is being released after serving a period
288of incarceration for any offense, as follows:
289     1.  The department must provide: the sexual offender's
290name, any change in the offender's name by reason of marriage or
291other legal process, and any alias, if known; the correctional
292facility from which the sexual offender is released; the sexual
293offender's social security number, race, sex, date of birth,
294height, weight, and hair and eye color; date and county of
295sentence and each crime for which the offender was sentenced; a
296copy of the offender's fingerprints and a digitized photograph
297taken within 60 days before release; the date of release of the
298sexual offender; any electronic mail address and any instant
299message name required to be provided pursuant to s.
300943.0435(4)(d); telephone number, including any cellular
301telephone number; and the offender's intended residence address,
302if known. The department shall notify the Department of Law
303Enforcement if the sexual offender escapes, absconds, or dies.
304If the sexual offender is in the custody of a private
305correctional facility, the facility shall take the digitized
306photograph of the sexual offender within 60 days before the
307sexual offender's release and provide this photograph to the
308Department of Corrections and also place it in the sexual
309offender's file. If the sexual offender is in the custody of a
310local jail, the custodian of the local jail shall register the
311offender within 3 business days after intake of the offender for
312any reason and upon release, and shall notify the Department of
313Law Enforcement of the sexual offender's release and provide to
314the Department of Law Enforcement the information specified in
315this paragraph and any information specified in subparagraph 2.
316that the Department of Law Enforcement requests.
317     2.  The department may provide any other information deemed
318necessary, including criminal and corrections records,
319nonprivileged personnel and treatment records, when available.
320     Section 5.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.