HB 115

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3amending ss. 775.21, 943.0435, and 944.606, F.S.;
4requiring sexual offenders and predators to provide home
5telephone numbers and any cellular telephone numbers as
6part of the registration process; providing an effective
7date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Paragraph (a) of subsection (6), paragraph (a)
12of subsection (8), and paragraph (a) of subsection (10) of
13section 775.21, Florida Statutes, are amended to read:
14     775.21  The Florida Sexual Predators Act.--
15     (6)  REGISTRATION.--
16     (a)  A sexual predator must register with the department
17through the sheriff's office by providing the following
18information to the department:
19     1.  Name, social security number, age, race, sex, date of
20birth, height, weight, hair and eye color, photograph, address
21of legal residence and address of any current temporary
22residence, within the state or out of state, including a rural
23route address and a post office box, any electronic mail address
24and any instant message name required to be provided pursuant to
25subparagraph (g)4., home telephone number and any cellular
26telephone number, date and place of any employment, date and
27place of each conviction, fingerprints, and a brief description
28of the crime or crimes committed by the offender. A post office
29box shall not be provided in lieu of a physical residential
30address.
31     a.  If the sexual predator's place of residence is a motor
32vehicle, trailer, mobile home, or manufactured home, as defined
33in chapter 320, the sexual predator shall also provide to the
34department written notice of the vehicle identification number;
35the license tag number; the registration number; and a
36description, including color scheme, of the motor vehicle,
37trailer, mobile home, or manufactured home. If a sexual
38predator's place of residence is a vessel, live-aboard vessel,
39or houseboat, as defined in chapter 327, the sexual predator
40shall also provide to the department written notice of the hull
41identification number; the manufacturer's serial number; the
42name of the vessel, live-aboard vessel, or houseboat; the
43registration number; and a description, including color scheme,
44of the vessel, live-aboard vessel, or houseboat.
45     b.  If the sexual predator is enrolled, employed, or
46carrying on a vocation at an institution of higher education in
47this state, the sexual predator shall also provide to the
48department the name, address, and county of each institution,
49including each campus attended, and the sexual predator's
50enrollment or employment status. Each change in enrollment or
51employment status shall be reported in person at the sheriff's
52office, or the Department of Corrections if the sexual predator
53is in the custody or control of or under the supervision of the
54Department of Corrections, within 48 hours after any change in
55status. The sheriff or the Department of Corrections shall
56promptly notify each institution of the sexual predator's
57presence and any change in the sexual predator's enrollment or
58employment status.
59     2.  Any other information determined necessary by the
60department, including criminal and corrections records;
61nonprivileged personnel and treatment records; and evidentiary
62genetic markers when available.
63     (8)  VERIFICATION.--The department and the Department of
64Corrections shall implement a system for verifying the addresses
65of sexual predators. The system must be consistent with the
66provisions of the federal Adam Walsh Child Protection and Safety
67Act of 2006 and any other federal standards applicable to such
68verification or required to be met as a condition for the
69receipt of federal funds by the state. The Department of
70Corrections shall verify the addresses of sexual predators who
71are not incarcerated but who reside in the community under the
72supervision of the Department of Corrections and shall report to
73the department any failure by a sexual predator to comply with
74registration requirements. County and local law enforcement
75agencies, in conjunction with the department, shall verify the
76addresses of sexual predators who are not under the care,
77custody, control, or supervision of the Department of
78Corrections. Local law enforcement agencies shall report to the
79department any failure by a sexual predator to comply with
80registration requirements.
81     (a)  A sexual predator must report in person each year
82during the month of the sexual predator's birthday and during
83every third month thereafter to the sheriff's office in the
84county in which he or she resides or is otherwise located to
85reregister. The sheriff's office may determine the appropriate
86times and days for reporting by the sexual predator, which shall
87be consistent with the reporting requirements of this paragraph.
88Reregistration shall include any changes to the following
89information:
90     1.  Name; social security number; age; race; sex; date of
91birth; height; weight; hair and eye color; address of any
92permanent residence and address of any current temporary
93residence, within the state or out of state, including a rural
94route address and a post office box; any electronic mail address
95and any instant message name required to be provided pursuant to
96subparagraph (6)(g)4.; home telephone number and any cellular
97telephone number; date and place of any employment; vehicle
98make, model, color, and license tag number; fingerprints; and
99photograph. A post office box shall not be provided in lieu of a
100physical residential address.
101     2.  If the sexual predator is enrolled, employed, or
102carrying on a vocation at an institution of higher education in
103this state, the sexual predator shall also provide to the
104department the name, address, and county of each institution,
105including each campus attended, and the sexual predator's
106enrollment or employment status.
107     3.  If the sexual predator's place of residence is a motor
108vehicle, trailer, mobile home, or manufactured home, as defined
109in chapter 320, the sexual predator shall also provide the
110vehicle identification number; the license tag number; the
111registration number; and a description, including color scheme,
112of the motor vehicle, trailer, mobile home, or manufactured
113home. If the sexual predator's place of residence is a vessel,
114live-aboard vessel, or houseboat, as defined in chapter 327, the
115sexual predator shall also provide the hull identification
116number; the manufacturer's serial number; the name of the
117vessel, live-aboard vessel, or houseboat; the registration
118number; and a description, including color scheme, of the
119vessel, live-aboard vessel, or houseboat.
120     (10)  PENALTIES.--
121     (a)  Except as otherwise specifically provided, a sexual
122predator who fails to register; who fails, after registration,
123to maintain, acquire, or renew a driver's license or
124identification card; who fails to provide required location
125information, electronic mail address information, instant
126message name information, home telephone number and any cellular
127telephone number, or change-of-name information; who fails to
128make a required report in connection with vacating a permanent
129residence; who fails to reregister as required; who fails to
130respond to any address verification correspondence from the
131department within 3 weeks of the date of the correspondence; or
132who otherwise fails, by act or omission, to comply with the
133requirements of this section, commits a felony of the third
134degree, punishable as provided in s. 775.082, s. 775.083, or s.
135775.084.
136     Section 2.  Paragraph (b) of subsection (2) and paragraph
137(c) of subsection (14) of section 943.0435, Florida Statutes,
138are amended to read:
139     943.0435  Sexual offenders required to register with the
140department; penalty.--
141     (2)  A sexual offender shall:
142     (b)  Provide his or her name, date of birth, social
143security number, race, sex, height, weight, hair and eye color,
144tattoos or other identifying marks, occupation and place of
145employment, address of permanent or legal residence or address
146of any current temporary residence, within the state and out of
147state, including a rural route address and a post office box,
148home telephone number and any cellular telephone number, any
149electronic mail address and any instant message name required to
150be provided pursuant to paragraph (4)(d), date and place of each
151conviction, and a brief description of the crime or crimes
152committed by the offender. A post office box shall not be
153provided in lieu of a physical residential address.
154     1.  If the sexual offender's place of residence is a motor
155vehicle, trailer, mobile home, or manufactured home, as defined
156in chapter 320, the sexual offender shall also provide to the
157department through the sheriff's office written notice of the
158vehicle identification number; the license tag number; the
159registration number; and a description, including color scheme,
160of the motor vehicle, trailer, mobile home, or manufactured
161home. If the sexual offender's place of residence is a vessel,
162live-aboard vessel, or houseboat, as defined in chapter 327, the
163sexual offender shall also provide to the department written
164notice of the hull identification number; the manufacturer's
165serial number; the name of the vessel, live-aboard vessel, or
166houseboat; the registration number; and a description, including
167color scheme, of the vessel, live-aboard vessel, or houseboat.
168     2.  If the sexual offender is enrolled, employed, or
169carrying on a vocation at an institution of higher education in
170this state, the sexual offender shall also provide to the
171department through the sheriff's office the name, address, and
172county of each institution, including each campus attended, and
173the sexual offender's enrollment or employment status. Each
174change in enrollment or employment status shall be reported in
175person at the sheriff's office, within 48 hours after any change
176in status. The sheriff shall promptly notify each institution of
177the sexual offender's presence and any change in the sexual
178offender's enrollment or employment status.
179
180When a sexual offender reports at the sheriff's office, the
181sheriff shall take a photograph and a set of fingerprints of the
182offender and forward the photographs and fingerprints to the
183department, along with the information provided by the sexual
184offender. The sheriff shall promptly provide to the department
185the information received from the sexual offender.
186     (14)
187     (c)  The sheriff's office may determine the appropriate
188times and days for reporting by the sexual offender, which shall
189be consistent with the reporting requirements of this
190subsection. Reregistration shall include any changes to the
191following information:
192     1.  Name; social security number; age; race; sex; date of
193birth; height; weight; hair and eye color; address of any
194permanent residence and address of any current temporary
195residence, within the state or out of state, including a rural
196route address and a post office box; any electronic mail address
197and any instant message name required to be provided pursuant to
198paragraph (4)(d); telephone number, including any cellular
199telephone number; date and place of any employment; vehicle
200make, model, color, and license tag number; fingerprints; and
201photograph. A post office box shall not be provided in lieu of a
202physical residential address.
203     2.  If the sexual offender is enrolled, employed, or
204carrying on a vocation at an institution of higher education in
205this state, the sexual offender shall also provide to the
206department the name, address, and county of each institution,
207including each campus attended, and the sexual offender's
208enrollment or employment status.
209     3.  If the sexual offender's place of residence is a motor
210vehicle, trailer, mobile home, or manufactured home, as defined
211in chapter 320, the sexual offender shall also provide 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 the hull identification
218number; the manufacturer's serial number; the name of the
219vessel, live-aboard vessel, or houseboat; the registration
220number; and a description, including color scheme, of the
221vessel, live-aboard vessel or houseboat.
222     4.  Any sexual offender who fails to report in person as
223required at the sheriff's office, or who fails to respond to any
224address verification correspondence from the department within 3
225weeks of the date of the correspondence or who fails to report
226electronic mail addresses or instant message names, commits a
227felony of the third degree, punishable as provided in s.
228775.082, s. 775.083, or s. 775.084.
229     Section 3.  Paragraph (a) of subsection (3) of section
230944.606, Florida Statutes, is amended to read:
231     944.606  Sexual offenders; notification upon release.--
232     (3)(a)  The department must provide information regarding
233any sexual offender who is being released after serving a period
234of incarceration for any offense, as follows:
235     1.  The department must provide: the sexual offender's
236name, any change in the offender's name by reason of marriage or
237other legal process, and any alias, if known; the correctional
238facility from which the sexual offender is released; the sexual
239offender's social security number, race, sex, date of birth,
240height, weight, and hair and eye color; date and county of
241sentence and each crime for which the offender was sentenced; a
242copy of the offender's fingerprints and a digitized photograph
243taken within 60 days before release; the date of release of the
244sexual offender; any electronic mail address and any instant
245message name required to be provided pursuant to s.
246943.0435(4)(d); telephone number, including any cellular
247telephone number; and the offender's intended residence address,
248if known. The department shall notify the Department of Law
249Enforcement if the sexual offender escapes, absconds, or dies.
250If the sexual offender is in the custody of a private
251correctional facility, the facility shall take the digitized
252photograph of the sexual offender within 60 days before the
253sexual offender's release and provide this photograph to the
254Department of Corrections and also place it in the sexual
255offender's file. If the sexual offender is in the custody of a
256local jail, the custodian of the local jail shall register the
257offender within 3 business days after intake of the offender for
258any reason and upon release, and shall notify the Department of
259Law Enforcement of the sexual offender's release and provide to
260the Department of Law Enforcement the information specified in
261this paragraph and any information specified in subparagraph 2.
262that the Department of Law Enforcement requests.
263     2.  The department may provide any other information deemed
264necessary, including criminal and corrections records,
265nonprivileged personnel and treatment records, when available.
266     Section 4.  This act shall take effect October 1, 2009.


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