CS/HB 115

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3amending ss. 775.21, 943.0435, 944.606, 944.607, and
4985.481, F.S.; requiring sexual offenders and predators to
5provide home telephone numbers and any cellular telephone
6numbers as part of the registration process; correcting
7cross-references to apply exclusions from designation as a
8sexual offender or predator to owners or operators of
9computer services rather than to persons traveling to meet
10a minor; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Paragraph (a) of subsection (4), paragraph (a)
15of subsection (6), paragraph (a) of subsection (8), and
16paragraph (a) of subsection (10) of section 775.21, Florida
17Statutes, are amended to read:
18     775.21  The Florida Sexual Predators Act.--
19     (4)  SEXUAL PREDATOR CRITERIA.--
20     (a)  For a current offense committed on or after October 1,
211993, upon conviction, an offender shall be designated as a
22"sexual predator" under subsection (5), and subject to
23registration under subsection (6) and community and public
24notification under subsection (7) if:
25     1.  The felony is:
26     a.  A capital, life, or first-degree felony violation, or
27any attempt thereof, of s. 787.01 or s. 787.02, where the victim
28is a minor and the defendant is not the victim's parent or
29guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
30violation of a similar law of another jurisdiction; or
31     b.  Any felony violation, or any attempt thereof, of s.
32787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
33minor and the defendant is not the victim's parent or guardian;
34s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
35796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
36847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a
37similar law of another jurisdiction, and the offender has
38previously been convicted of or found to have committed, or has
39pled nolo contendere or guilty to, regardless of adjudication,
40any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
41where the victim is a minor and the defendant is not the
42victim's parent or guardian; s. 794.011, excluding s.
43794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
44825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
45847.0135(6)(4); s. 847.0145; or s. 985.701(1); or a violation of
46a similar law of another jurisdiction;
47     2.  The offender has not received a pardon for any felony
48or similar law of another jurisdiction that is necessary for the
49operation of this paragraph; and
50     3.  A conviction of a felony or similar law of another
51jurisdiction necessary to the operation of this paragraph has
52not been set aside in any postconviction proceeding.
53     (6)  REGISTRATION.--
54     (a)  A sexual predator must register with the department
55through the sheriff's office by providing the following
56information to the department:
57     1.  Name, social security number, age, race, sex, date of
58birth, height, weight, hair and eye color, photograph, address
59of legal residence and address of any current temporary
60residence, within the state or out of state, including a rural
61route address and a post office box, any electronic mail address
62and any instant message name required to be provided pursuant to
63subparagraph (g)4., home telephone number and any cellular
64telephone number, date and place of any employment, date and
65place of each conviction, fingerprints, and a brief description
66of the crime or crimes committed by the offender. A post office
67box shall not be provided in lieu of a physical residential
68address.
69     a.  If the sexual predator's place of residence is a motor
70vehicle, trailer, mobile home, or manufactured home, as defined
71in chapter 320, the sexual predator shall also provide to the
72department written notice of the vehicle identification number;
73the license tag number; the registration number; and a
74description, including color scheme, of the motor vehicle,
75trailer, mobile home, or manufactured home. If a sexual
76predator's place of residence is a vessel, live-aboard vessel,
77or houseboat, as defined in chapter 327, the sexual predator
78shall also provide to the department written notice of the hull
79identification number; the manufacturer's serial number; the
80name of the vessel, live-aboard vessel, or houseboat; the
81registration number; and a description, including color scheme,
82of the vessel, live-aboard vessel, or houseboat.
83     b.  If the sexual predator is enrolled, employed, or
84carrying on a vocation at an institution of higher education in
85this state, the sexual predator shall also provide to the
86department the name, address, and county of each institution,
87including each campus attended, and the sexual predator's
88enrollment or employment status. Each change in enrollment or
89employment status shall be reported in person at the sheriff's
90office, or the Department of Corrections if the sexual predator
91is in the custody or control of or under the supervision of the
92Department of Corrections, within 48 hours after any change in
93status. The sheriff or the Department of Corrections shall
94promptly notify each institution of the sexual predator's
95presence and any change in the sexual predator's enrollment or
96employment status.
97     2.  Any other information determined necessary by the
98department, including criminal and corrections records;
99nonprivileged personnel and treatment records; and evidentiary
100genetic markers when available.
101     (8)  VERIFICATION.--The department and the Department of
102Corrections shall implement a system for verifying the addresses
103of sexual predators. The system must be consistent with the
104provisions of the federal Adam Walsh Child Protection and Safety
105Act of 2006 and any other federal standards applicable to such
106verification or required to be met as a condition for the
107receipt of federal funds by the state. The Department of
108Corrections shall verify the addresses of sexual predators who
109are not incarcerated but who reside in the community under the
110supervision of the Department of Corrections and shall report to
111the department any failure by a sexual predator to comply with
112registration requirements. County and local law enforcement
113agencies, in conjunction with the department, shall verify the
114addresses of sexual predators who are not under the care,
115custody, control, or supervision of the Department of
116Corrections. Local law enforcement agencies shall report to the
117department any failure by a sexual predator to comply with
118registration requirements.
119     (a)  A sexual predator must report in person each year
120during the month of the sexual predator's birthday and during
121every third month thereafter to the sheriff's office in the
122county in which he or she resides or is otherwise located to
123reregister. The sheriff's office may determine the appropriate
124times and days for reporting by the sexual predator, which shall
125be consistent with the reporting requirements of this paragraph.
126Reregistration shall include any changes to the following
127information:
128     1.  Name; social security number; age; race; sex; date of
129birth; height; weight; hair and eye color; address of any
130permanent residence and address of any current temporary
131residence, within the state or out of state, including a rural
132route address and a post office box; any electronic mail address
133and any instant message name required to be provided pursuant to
134subparagraph (6)(g)4.; home telephone number and any cellular
135telephone number; date and place of any employment; vehicle
136make, model, color, and license tag number; fingerprints; and
137photograph. A post office box shall not be provided in lieu of a
138physical residential address.
139     2.  If the sexual predator is enrolled, employed, or
140carrying on a vocation at an institution of higher education in
141this state, the sexual predator shall also provide to the
142department the name, address, and county of each institution,
143including each campus attended, and the sexual predator's
144enrollment or employment status.
145     3.  If the sexual predator's place of residence is a motor
146vehicle, trailer, mobile home, or manufactured home, as defined
147in chapter 320, the sexual predator shall also provide the
148vehicle identification number; the license tag number; the
149registration number; and a description, including color scheme,
150of the motor vehicle, trailer, mobile home, or manufactured
151home. If the sexual predator's place of residence is a vessel,
152live-aboard vessel, or houseboat, as defined in chapter 327, the
153sexual predator shall also provide the hull identification
154number; the manufacturer's serial number; the name of the
155vessel, live-aboard vessel, or houseboat; the registration
156number; and a description, including color scheme, of the
157vessel, live-aboard vessel, or houseboat.
158     (10)  PENALTIES.--
159     (a)  Except as otherwise specifically provided, a sexual
160predator who fails to register; who fails, after registration,
161to maintain, acquire, or renew a driver's license or
162identification card; who fails to provide required location
163information, electronic mail address information, instant
164message name information, home telephone number and any cellular
165telephone number, or change-of-name information; who fails to
166make a required report in connection with vacating a permanent
167residence; who fails to reregister as required; who fails to
168respond to any address verification correspondence from the
169department within 3 weeks of the date of the correspondence; or
170who otherwise fails, by act or omission, to comply with the
171requirements of this section, commits a felony of the third
172degree, punishable as provided in s. 775.082, s. 775.083, or s.
173775.084.
174     Section 2.  Paragraph (a) of subsection (1), paragraph (b)
175of subsection (2), and paragraph (c) of subsection (14) of
176section 943.0435, Florida Statutes, are amended to read:
177     943.0435  Sexual offenders required to register with the
178department; penalty.--
179     (1)  As used in this section, the term:
180     (a)1.  "Sexual offender" means a person who meets the
181criteria in sub-subparagraph a., sub-subparagraph b., sub-
182subparagraph c., or sub-subparagraph d., as follows:
183     a.(I)  Has been convicted of committing, or attempting,
184soliciting, or conspiring to commit, any of the criminal
185offenses proscribed in the following statutes in this state or
186similar offenses in another jurisdiction: s. 787.01, s. 787.02,
187or s. 787.025(2)(c), where the victim is a minor and the
188defendant is not the victim's parent or guardian; s. 794.011,
189excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
190800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
191excluding s. 847.0135(6)(4); s. 847.0137; s. 847.0138; s.
192847.0145; or s. 985.701(1); or any similar offense committed in
193this state which has been redesignated from a former statute
194number to one of those listed in this sub-sub-subparagraph; and
195     (II)  Has been released on or after October 1, 1997, from
196the sanction imposed for any conviction of an offense described
197in sub-sub-subparagraph (I). For purposes of sub-sub-
198subparagraph (I), a sanction imposed in this state or in any
199other jurisdiction includes, but is not limited to, a fine,
200probation, community control, parole, conditional release,
201control release, or incarceration in a state prison, federal
202prison, private correctional facility, or local detention
203facility;
204     b.  Establishes or maintains a residence in this state and
205who has not been designated as a sexual predator by a court of
206this state but who has been designated as a sexual predator, as
207a sexually violent predator, or by another sexual offender
208designation in another state or jurisdiction and was, as a
209result of such designation, subjected to registration or
210community or public notification, or both, or would be if the
211person were a resident of that state or jurisdiction, without
212regard to whether the person otherwise meets the criteria for
213registration as a sexual offender;
214     c.  Establishes or maintains a residence in this state who
215is in the custody or control of, or under the supervision of,
216any other state or jurisdiction as a result of a conviction for
217committing, or attempting, soliciting, or conspiring to commit,
218any of the criminal offenses proscribed in the following
219statutes or similar offense in another jurisdiction: s. 787.01,
220s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
221the defendant is not the victim's parent or guardian; s.
222794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
223796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
224847.0135, excluding s. 847.0135(6)(4); s. 847.0137; s. 847.0138;
225s. 847.0145; or s. 985.701(1); or any similar offense committed
226in this state which has been redesignated from a former statute
227number to one of those listed in this sub-subparagraph; or
228     d.  On or after July 1, 2007, has been adjudicated
229delinquent for committing, or attempting, soliciting, or
230conspiring to commit, any of the criminal offenses proscribed in
231the following statutes in this state or similar offenses in
232another jurisdiction when the juvenile was 14 years of age or
233older at the time of the offense:
234     (I)  Section 794.011, excluding s. 794.011(10);
235     (II)  Section 800.04(4)(b) where the victim is under 12
236years of age or where the court finds sexual activity by the use
237of force or coercion;
238     (III)  Section 800.04(5)(c)1. where the court finds
239molestation involving unclothed genitals; or
240     (IV)  Section 800.04(5)(d) where the court finds the use of
241force or coercion and unclothed genitals.
242     2.  For all qualifying offenses listed in sub-subparagraph
243(1)(a)1.d., the court shall make a written finding of the age of
244the offender at the time of the offense.
245
246For each violation of a qualifying offense listed in this
247subsection, the court shall make a written finding of the age of
248the victim at the time of the offense. For a violation of s.
249800.04(4), the court shall additionally make a written finding
250indicating that the offense did or did not involve sexual
251activity and indicating that the offense did or did not involve
252force or coercion. For a violation of s. 800.04(5), the court
253shall additionally make a written finding that the offense did
254or did not involve unclothed genitals or genital area and that
255the offense did or did not involve the use of force or coercion.
256     (2)  A sexual offender shall:
257     (b)  Provide his or her name, date of birth, social
258security number, race, sex, height, weight, hair and eye color,
259tattoos or other identifying marks, occupation and place of
260employment, address of permanent or legal residence or address
261of any current temporary residence, within the state and out of
262state, including a rural route address and a post office box,
263home telephone number and any cellular telephone number, any
264electronic mail address and any instant message name required to
265be provided pursuant to paragraph (4)(d), date and place of each
266conviction, and a brief description of the crime or crimes
267committed by the offender. A post office box shall not be
268provided in lieu of a physical residential address.
269     1.  If the sexual offender's place of residence is a motor
270vehicle, trailer, mobile home, or manufactured home, as defined
271in chapter 320, the sexual offender shall also provide to the
272department through the sheriff's office written notice of the
273vehicle identification number; the license tag number; the
274registration number; and a description, including color scheme,
275of the motor vehicle, trailer, mobile home, or manufactured
276home. If the sexual offender's place of residence is a vessel,
277live-aboard vessel, or houseboat, as defined in chapter 327, the
278sexual offender shall also provide to the department written
279notice of the hull identification number; the manufacturer's
280serial number; the name of the vessel, live-aboard vessel, or
281houseboat; the registration number; and a description, including
282color scheme, of the vessel, live-aboard vessel, or houseboat.
283     2.  If the sexual offender is enrolled, employed, or
284carrying on a vocation at an institution of higher education in
285this state, the sexual offender shall also provide to the
286department through the sheriff's office the name, address, and
287county of each institution, including each campus attended, and
288the sexual offender's enrollment or employment status. Each
289change in enrollment or employment status shall be reported in
290person at the sheriff's office, within 48 hours after any change
291in status. The sheriff shall promptly notify each institution of
292the sexual offender's presence and any change in the sexual
293offender's enrollment or employment status.
294
295When a sexual offender reports at the sheriff's office, the
296sheriff shall take a photograph and a set of fingerprints of the
297offender and forward the photographs and fingerprints to the
298department, along with the information provided by the sexual
299offender. The sheriff shall promptly provide to the department
300the information received from the sexual offender.
301     (14)
302     (c)  The sheriff's office may determine the appropriate
303times and days for reporting by the sexual offender, which shall
304be consistent with the reporting requirements of this
305subsection. Reregistration shall include any changes to the
306following information:
307     1.  Name; social security number; age; race; sex; date of
308birth; height; weight; hair and eye color; address of any
309permanent residence and address of any current temporary
310residence, within the state or out of state, including a rural
311route address and a post office box; any electronic mail address
312and any instant message name required to be provided pursuant to
313paragraph (4)(d); home telephone number and any cellular
314telephone number; date and place of any employment; vehicle
315make, model, color, and license tag number; fingerprints; and
316photograph. A post office box shall not be provided in lieu of a
317physical residential address.
318     2.  If the sexual offender is enrolled, employed, or
319carrying on a vocation at an institution of higher education in
320this state, the sexual offender shall also provide to the
321department the name, address, and county of each institution,
322including each campus attended, and the sexual offender's
323enrollment or employment status.
324     3.  If the sexual offender's place of residence is a motor
325vehicle, trailer, mobile home, or manufactured home, as defined
326in chapter 320, the sexual offender shall also provide the
327vehicle identification number; the license tag number; the
328registration number; and a description, including color scheme,
329of the motor vehicle, trailer, mobile home, or manufactured
330home. If the sexual offender's place of residence is a vessel,
331live-aboard vessel, or houseboat, as defined in chapter 327, the
332sexual offender shall also provide the hull identification
333number; the manufacturer's serial number; the name of the
334vessel, live-aboard vessel, or houseboat; the registration
335number; and a description, including color scheme, of the
336vessel, live-aboard vessel or houseboat.
337     4.  Any sexual offender who fails to report in person as
338required at the sheriff's office, or who fails to respond to any
339address verification correspondence from the department within 3
340weeks of the date of the correspondence or who fails to report
341electronic mail addresses or instant message names, commits a
342felony of the third degree, punishable as provided in s.
343775.082, s. 775.083, or s. 775.084.
344     Section 3.  Paragraph (b) of subsection (1) and paragraph
345(a) of subsection (3) of section 944.606, Florida Statutes, are
346amended to read:
347     944.606  Sexual offenders; notification upon release.--
348     (1)  As used in this section:
349     (b)  "Sexual offender" means a person who has been
350convicted of committing, or attempting, soliciting, or
351conspiring to commit, any of the criminal offenses proscribed in
352the following statutes in this state or similar offenses in
353another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
354where the victim is a minor and the defendant is not the
355victim's parent or guardian; s. 794.011, excluding s.
356794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
357825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
358847.0135(6)(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.
359985.701(1); or any similar offense committed in this state which
360has been redesignated from a former statute number to one of
361those listed in this subsection, when the department has
362received verified information regarding such conviction; an
363offender's computerized criminal history record is not, in and
364of itself, verified information.
365     (3)(a)  The department must provide information regarding
366any sexual offender who is being released after serving a period
367of incarceration for any offense, as follows:
368     1.  The department must provide: the sexual offender's
369name, any change in the offender's name by reason of marriage or
370other legal process, and any alias, if known; the correctional
371facility from which the sexual offender is released; the sexual
372offender's social security number, race, sex, date of birth,
373height, weight, and hair and eye color; date and county of
374sentence and each crime for which the offender was sentenced; a
375copy of the offender's fingerprints and a digitized photograph
376taken within 60 days before release; the date of release of the
377sexual offender; any electronic mail address and any instant
378message name required to be provided pursuant to s.
379943.0435(4)(d); home telephone number and any cellular telephone
380number; and the offender's intended residence address, if known.
381The department shall notify the Department of Law Enforcement if
382the sexual offender escapes, absconds, or dies. If the sexual
383offender is in the custody of a private correctional facility,
384the facility shall take the digitized photograph of the sexual
385offender within 60 days before the sexual offender's release and
386provide this photograph to the Department of Corrections and
387also place it in the sexual offender's file. If the sexual
388offender is in the custody of a local jail, the custodian of the
389local jail shall register the offender within 3 business days
390after intake of the offender for any reason and upon release,
391and shall notify the Department of Law Enforcement of the sexual
392offender's release and provide to the Department of Law
393Enforcement the information specified in this paragraph and any
394information specified in subparagraph 2. that the Department of
395Law Enforcement requests.
396     2.  The department may provide any other information deemed
397necessary, including criminal and corrections records,
398nonprivileged personnel and treatment records, when available.
399     Section 4.  Paragraph (a) of subsection (1) of section
400944.607, Florida Statutes, is amended to read:
401     944.607  Notification to Department of Law Enforcement of
402information on sexual offenders.--
403     (1)  As used in this section, the term:
404     (a)  "Sexual offender" means a person who is in the custody
405or control of, or under the supervision of, the department or is
406in the custody of a private correctional facility:
407     1.  On or after October 1, 1997, as a result of a
408conviction for committing, or attempting, soliciting, or
409conspiring to commit, any of the criminal offenses proscribed in
410the following statutes in this state or similar offenses in
411another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
412where the victim is a minor and the defendant is not the
413victim's parent or guardian; s. 794.011, excluding s.
414794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
415825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
416847.0135(6)(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.
417985.701(1); or any similar offense committed in this state which
418has been redesignated from a former statute number to one of
419those listed in this paragraph; or
420     2.  Who establishes or maintains a residence in this state
421and who has not been designated as a sexual predator by a court
422of this state but who has been designated as a sexual predator,
423as a sexually violent predator, or by another sexual offender
424designation in another state or jurisdiction and was, as a
425result of such designation, subjected to registration or
426community or public notification, or both, or would be if the
427person were a resident of that state or jurisdiction, without
428regard as to whether the person otherwise meets the criteria for
429registration as a sexual offender.
430     Section 5.  Paragraph (a) of subsection (3) of section
431985.481, Florida Statutes, is amended to read:
432     985.481  Sexual offenders adjudicated delinquent;
433notification upon release.--
434     (3)(a)  The department must provide information regarding
435any sexual offender who is being released after serving a period
436of residential commitment under the department for any offense,
437as follows:
438     1.  The department must provide the sexual offender's name,
439any change in the offender's name by reason of marriage or other
440legal process, and any alias, if known; the correctional
441facility from which the sexual offender is released; the sexual
442offender's social security number, race, sex, date of birth,
443height, weight, and hair and eye color; date and county of
444disposition and each crime for which there was a disposition; a
445copy of the offender's fingerprints and a digitized photograph
446taken within 60 days before release; the date of release of the
447sexual offender; home telephone number and any cellular
448telephone number; and the offender's intended residence address,
449if known. The department shall notify the Department of Law
450Enforcement if the sexual offender escapes, absconds, or dies.
451If the sexual offender is in the custody of a private
452correctional facility, the facility shall take the digitized
453photograph of the sexual offender within 60 days before the
454sexual offender's release and also place it in the sexual
455offender's file. If the sexual offender is in the custody of a
456local jail, the custodian of the local jail shall register the
457offender within 3 business days after intake of the offender for
458any reason and upon release, and shall notify the Department of
459Law Enforcement of the sexual offender's release and provide to
460the Department of Law Enforcement the information specified in
461this subparagraph and any information specified in subparagraph
4622. which the Department of Law Enforcement requests.
463     2.  The department may provide any other information
464considered necessary, including criminal and delinquency
465records, when available.
466     Section 6.  This act shall take effect July 1, 2009.


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