| 1 | A bill to be entitled | 
| 2 | An act relating to sexual offenders and predators;  | 
| 3 | amending s. 257.12, F.S.; encouraging all public libraries  | 
| 4 | to implement an Internet safety education program for  | 
| 5 | children and adults; providing minimum requirements for  | 
| 6 | the program; requiring libraries to annually report to the  | 
| 7 | Division of Library and Information Services of the  | 
| 8 | Department of State the number of participants who  | 
| 9 | complete the program; requiring that the division adopt  | 
| 10 | rules to award additional points to grant applicants  | 
| 11 | implementing such a program; amending ss. 775.21,  | 
| 12 | 943.0435, 944.606, 944.607, and 985.481, F.S.; requiring  | 
| 13 | sexual offenders and predators to provide home telephone  | 
| 14 | numbers and any cellular telephone numbers as part of the  | 
| 15 | registration process; correcting cross-references to apply  | 
| 16 | exclusions from designation as a sexual offender or  | 
| 17 | predator to owners or operators of computer services  | 
| 18 | rather than to persons traveling to meet a minor; amending  | 
| 19 | ss. 847.0135 and 847.0138, F.S.; removing residency  | 
| 20 | requirements in statutes relating to computer pornography  | 
| 21 | involving minor children and the transmission of material  | 
| 22 | harmful to a minor by electronic device or equipment,  | 
| 23 | respectively; providing an effective date.  | 
| 24 | 
  | 
| 25 | Be It Enacted by the Legislature of the State of Florida: | 
| 26 | 
  | 
| 27 |      Section 1.  Subsection (3) is added to section 257.12,  | 
| 28 | Florida Statutes, to read: | 
| 29 |      257.12  Division of Library and Information Services  | 
| 30 | authorized to accept and expend federal funds.-- | 
| 31 |      (3)  All public libraries are encouraged to adopt an  | 
| 32 | Internet safety education program, including the implementation  | 
| 33 | of a computer-based educational program, which has been endorsed  | 
| 34 | by a government-sanctioned law enforcement agency or other  | 
| 35 | reputable public safety advocacy organization and is designed  | 
| 36 | for children and adults. The purpose of the Internet safety  | 
| 37 | education program is to promote the use of prudent online  | 
| 38 | deportment and broaden awareness of online predators. The  | 
| 39 | program must be interactive and age-appropriate. Each library  | 
| 40 | shall annually report to the division the annual number of  | 
| 41 | program participants who complete the Internet safety education  | 
| 42 | program. By April 1, 2010, the division shall adopt rules for  | 
| 43 | rewarding those libraries in the program grant application  | 
| 44 | process which have had 1 percent or more of their annual number  | 
| 45 | of program participants, based on the total number of registered  | 
| 46 | borrowers from the preceding year, complete the Internet safety  | 
| 47 | education program adopted by the library. Program participants  | 
| 48 | completing the program as a result of strategic partnerships or  | 
| 49 | collaboration between the library and other entities shall be  | 
| 50 | integrated into the library's annual report. The division shall  | 
| 51 | adopt rules to allocate 10 percent of the total points available  | 
| 52 | in the library services and technology grant application  | 
| 53 | evaluation process to public libraries that are in compliance  | 
| 54 | with this section, beginning with the grant application cycle  | 
| 55 | for the 2011-2012 fiscal year. | 
| 56 |      Section 2.  Paragraph (a) of subsection (4), paragraph (a)  | 
| 57 | of subsection (6), paragraph (a) of subsection (8), and  | 
| 58 | paragraph (a) of subsection (10) of section 775.21, Florida  | 
| 59 | Statutes, are amended to read: | 
| 60 |      775.21  The Florida Sexual Predators Act.-- | 
| 61 |      (4)  SEXUAL PREDATOR CRITERIA.-- | 
| 62 |      (a)  For a current offense committed on or after October 1,  | 
| 63 | 1993, upon conviction, an offender shall be designated as a  | 
| 64 | "sexual predator" under subsection (5), and subject to  | 
| 65 | registration under subsection (6) and community and public  | 
| 66 | notification under subsection (7) if: | 
| 67 |      1.  The felony is: | 
| 68 |      a.  A capital, life, or first-degree felony violation, or  | 
| 69 | any attempt thereof, of s. 787.01 or s. 787.02, where the victim  | 
| 70 | is a minor and the defendant is not the victim's parent or  | 
| 71 | guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a  | 
| 72 | violation of a similar law of another jurisdiction; or | 
| 73 |      b.  Any felony violation, or any attempt thereof, of s.  | 
| 74 | 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a  | 
| 75 | minor and the defendant is not the victim's parent or guardian;  | 
| 76 | s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.  | 
| 77 | 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.  | 
| 78 | 847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a  | 
| 79 | similar law of another jurisdiction, and the offender has  | 
| 80 | previously been convicted of or found to have committed, or has  | 
| 81 | pled nolo contendere or guilty to, regardless of adjudication,  | 
| 82 | any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),  | 
| 83 | where the victim is a minor and the defendant is not the  | 
| 84 | victim's parent or guardian; s. 794.011, excluding s.  | 
| 85 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.  | 
| 86 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.  | 
| 87 | 847.0135(6)(4); s. 847.0145; or s. 985.701(1); or a violation of  | 
| 88 | a similar law of another jurisdiction; | 
| 89 |      2.  The offender has not received a pardon for any felony  | 
| 90 | or similar law of another jurisdiction that is necessary for the  | 
| 91 | operation of this paragraph; and | 
| 92 |      3.  A conviction of a felony or similar law of another  | 
| 93 | jurisdiction necessary to the operation of this paragraph has  | 
| 94 | not been set aside in any postconviction proceeding. | 
| 95 |      (6)  REGISTRATION.-- | 
| 96 |      (a)  A sexual predator must register with the department  | 
| 97 | through the sheriff's office by providing the following  | 
| 98 | information to the department: | 
| 99 |      1.  Name, social security number, age, race, sex, date of  | 
| 100 | birth, height, weight, hair and eye color, photograph, address  | 
| 101 | of legal residence and address of any current temporary  | 
| 102 | residence, within the state or out of state, including a rural  | 
| 103 | route address and a post office box, any electronic mail address  | 
| 104 | and any instant message name required to be provided pursuant to  | 
| 105 | subparagraph (g)4., home telephone number and any cellular  | 
| 106 | telephone number, date and place of any employment, date and  | 
| 107 | place of each conviction, fingerprints, and a brief description  | 
| 108 | of the crime or crimes committed by the offender. A post office  | 
| 109 | box shall not be provided in lieu of a physical residential  | 
| 110 | address. | 
| 111 |      a.  If the sexual predator's place of residence is a motor  | 
| 112 | vehicle, trailer, mobile home, or manufactured home, as defined  | 
| 113 | in chapter 320, the sexual predator shall also provide to the  | 
| 114 | department written notice of the vehicle identification number;  | 
| 115 | the license tag number; the registration number; and a  | 
| 116 | description, including color scheme, of the motor vehicle,  | 
| 117 | trailer, mobile home, or manufactured home. If a sexual  | 
| 118 | predator's place of residence is a vessel, live-aboard vessel,  | 
| 119 | or houseboat, as defined in chapter 327, the sexual predator  | 
| 120 | shall also provide to the department written notice of the hull  | 
| 121 | identification number; the manufacturer's serial number; the  | 
| 122 | name of the vessel, live-aboard vessel, or houseboat; the  | 
| 123 | registration number; and a description, including color scheme,  | 
| 124 | of the vessel, live-aboard vessel, or houseboat. | 
| 125 |      b.  If the sexual predator is enrolled, employed, or  | 
| 126 | carrying on a vocation at an institution of higher education in  | 
| 127 | this state, the sexual predator shall also provide to the  | 
| 128 | department the name, address, and county of each institution,  | 
| 129 | including each campus attended, and the sexual predator's  | 
| 130 | enrollment or employment status. Each change in enrollment or  | 
| 131 | employment status shall be reported in person at the sheriff's  | 
| 132 | office, or the Department of Corrections if the sexual predator  | 
| 133 | is in the custody or control of or under the supervision of the  | 
| 134 | Department of Corrections, within 48 hours after any change in  | 
| 135 | status. The sheriff or the Department of Corrections shall  | 
| 136 | promptly notify each institution of the sexual predator's  | 
| 137 | presence and any change in the sexual predator's enrollment or  | 
| 138 | employment status. | 
| 139 |      2.  Any other information determined necessary by the  | 
| 140 | department, including criminal and corrections records;  | 
| 141 | nonprivileged personnel and treatment records; and evidentiary  | 
| 142 | genetic markers when available. | 
| 143 |      (8)  VERIFICATION.--The department and the Department of  | 
| 144 | Corrections shall implement a system for verifying the addresses  | 
| 145 | of sexual predators. The system must be consistent with the  | 
| 146 | provisions of the federal Adam Walsh Child Protection and Safety  | 
| 147 | Act of 2006 and any other federal standards applicable to such  | 
| 148 | verification or required to be met as a condition for the  | 
| 149 | receipt of federal funds by the state. The Department of  | 
| 150 | Corrections shall verify the addresses of sexual predators who  | 
| 151 | are not incarcerated but who reside in the community under the  | 
| 152 | supervision of the Department of Corrections and shall report to  | 
| 153 | the department any failure by a sexual predator to comply with  | 
| 154 | registration requirements. County and local law enforcement  | 
| 155 | agencies, in conjunction with the department, shall verify the  | 
| 156 | addresses of sexual predators who are not under the care,  | 
| 157 | custody, control, or supervision of the Department of  | 
| 158 | Corrections. Local law enforcement agencies shall report to the  | 
| 159 | department any failure by a sexual predator to comply with  | 
| 160 | registration requirements. | 
| 161 |      (a)  A sexual predator must report in person each year  | 
| 162 | during the month of the sexual predator's birthday and during  | 
| 163 | every third month thereafter to the sheriff's office in the  | 
| 164 | county in which he or she resides or is otherwise located to  | 
| 165 | reregister. The sheriff's office may determine the appropriate  | 
| 166 | times and days for reporting by the sexual predator, which shall  | 
| 167 | be consistent with the reporting requirements of this paragraph.  | 
| 168 | Reregistration shall include any changes to the following  | 
| 169 | information: | 
| 170 |      1.  Name; social security number; age; race; sex; date of  | 
| 171 | birth; height; weight; hair and eye color; address of any  | 
| 172 | permanent residence and address of any current temporary  | 
| 173 | residence, within the state or out of state, including a rural  | 
| 174 | route address and a post office box; any electronic mail address  | 
| 175 | and any instant message name required to be provided pursuant to  | 
| 176 | subparagraph (6)(g)4.; home telephone number and any cellular  | 
| 177 | telephone number; date and place of any employment; vehicle  | 
| 178 | make, model, color, and license tag number; fingerprints; and  | 
| 179 | photograph. A post office box shall not be provided in lieu of a  | 
| 180 | physical residential address. | 
| 181 |      2.  If the sexual predator is enrolled, employed, or  | 
| 182 | carrying on a vocation at an institution of higher education in  | 
| 183 | this state, the sexual predator shall also provide to the  | 
| 184 | department the name, address, and county of each institution,  | 
| 185 | including each campus attended, and the sexual predator's  | 
| 186 | enrollment or employment status. | 
| 187 |      3.  If the sexual predator's place of residence is a motor  | 
| 188 | vehicle, trailer, mobile home, or manufactured home, as defined  | 
| 189 | in chapter 320, the sexual predator shall also provide the  | 
| 190 | vehicle identification number; the license tag number; the  | 
| 191 | registration number; and a description, including color scheme,  | 
| 192 | of the motor vehicle, trailer, mobile home, or manufactured  | 
| 193 | home. If the sexual predator's place of residence is a vessel,  | 
| 194 | live-aboard vessel, or houseboat, as defined in chapter 327, the  | 
| 195 | sexual predator shall also provide the hull identification  | 
| 196 | number; the manufacturer's serial number; the name of the  | 
| 197 | vessel, live-aboard vessel, or houseboat; the registration  | 
| 198 | number; and a description, including color scheme, of the  | 
| 199 | vessel, live-aboard vessel, or houseboat. | 
| 200 |      (10)  PENALTIES.-- | 
| 201 |      (a)  Except as otherwise specifically provided, a sexual  | 
| 202 | predator who fails to register; who fails, after registration,  | 
| 203 | to maintain, acquire, or renew a driver's license or  | 
| 204 | identification card; who fails to provide required location  | 
| 205 | information, electronic mail address information, instant  | 
| 206 | message name information, home telephone number and any cellular  | 
| 207 | telephone number, or change-of-name information; who fails to  | 
| 208 | make a required report in connection with vacating a permanent  | 
| 209 | residence; who fails to reregister as required; who fails to  | 
| 210 | respond to any address verification correspondence from the  | 
| 211 | department within 3 weeks of the date of the correspondence; or  | 
| 212 | who otherwise fails, by act or omission, to comply with the  | 
| 213 | requirements of this section, commits a felony of the third  | 
| 214 | degree, punishable as provided in s. 775.082, s. 775.083, or s.  | 
| 215 | 775.084. | 
| 216 |      Section 3.  Paragraph (a) of subsection (1), paragraph (b)  | 
| 217 | of subsection (2), and paragraph (c) of subsection (14) of  | 
| 218 | section 943.0435, Florida Statutes, are amended to read: | 
| 219 |      943.0435  Sexual offenders required to register with the  | 
| 220 | department; penalty.-- | 
| 221 |      (1)  As used in this section, the term: | 
| 222 |      (a)1.  "Sexual offender" means a person who meets the  | 
| 223 | criteria in sub-subparagraph a., sub-subparagraph b., sub- | 
| 224 | subparagraph c., or sub-subparagraph d., as follows: | 
| 225 |      a.(I)  Has been convicted of committing, or attempting,  | 
| 226 | soliciting, or conspiring to commit, any of the criminal  | 
| 227 | offenses proscribed in the following statutes in this state or  | 
| 228 | similar offenses in another jurisdiction: s. 787.01, s. 787.02,  | 
| 229 | or s. 787.025(2)(c), where the victim is a minor and the  | 
| 230 | defendant is not the victim's parent or guardian; s. 794.011,  | 
| 231 | excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.  | 
| 232 | 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,  | 
| 233 | excluding s. 847.0135(6)(4); s. 847.0137; s. 847.0138; s.  | 
| 234 | 847.0145; or s. 985.701(1); or any similar offense committed in  | 
| 235 | this state which has been redesignated from a former statute  | 
| 236 | number to one of those listed in this sub-sub-subparagraph; and | 
| 237 |      (II)  Has been released on or after October 1, 1997, from  | 
| 238 | the sanction imposed for any conviction of an offense described  | 
| 239 | in sub-sub-subparagraph (I). For purposes of sub-sub- | 
| 240 | subparagraph (I), a sanction imposed in this state or in any  | 
| 241 | other jurisdiction includes, but is not limited to, a fine,  | 
| 242 | probation, community control, parole, conditional release,  | 
| 243 | control release, or incarceration in a state prison, federal  | 
| 244 | prison, private correctional facility, or local detention  | 
| 245 | facility; | 
| 246 |      b.  Establishes or maintains a residence in this state and  | 
| 247 | who has not been designated as a sexual predator by a court of  | 
| 248 | this state but who has been designated as a sexual predator, as  | 
| 249 | a sexually violent predator, or by another sexual offender  | 
| 250 | designation in another state or jurisdiction and was, as a  | 
| 251 | result of such designation, subjected to registration or  | 
| 252 | community or public notification, or both, or would be if the  | 
| 253 | person were a resident of that state or jurisdiction, without  | 
| 254 | regard to whether the person otherwise meets the criteria for  | 
| 255 | registration as a sexual offender; | 
| 256 |      c.  Establishes or maintains a residence in this state who  | 
| 257 | is in the custody or control of, or under the supervision of,  | 
| 258 | any other state or jurisdiction as a result of a conviction for  | 
| 259 | committing, or attempting, soliciting, or conspiring to commit,  | 
| 260 | any of the criminal offenses proscribed in the following  | 
| 261 | statutes or similar offense in another jurisdiction: s. 787.01,  | 
| 262 | s. 787.02, or s. 787.025(2)(c), where the victim is a minor and  | 
| 263 | the defendant is not the victim's parent or guardian; s.  | 
| 264 | 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.  | 
| 265 | 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.  | 
| 266 | 847.0135, excluding s. 847.0135(6)(4); s. 847.0137; s. 847.0138;  | 
| 267 | s. 847.0145; or s. 985.701(1); or any similar offense committed  | 
| 268 | in this state which has been redesignated from a former statute  | 
| 269 | number to one of those listed in this sub-subparagraph; or | 
| 270 |      d.  On or after July 1, 2007, has been adjudicated  | 
| 271 | delinquent for committing, or attempting, soliciting, or  | 
| 272 | conspiring to commit, any of the criminal offenses proscribed in  | 
| 273 | the following statutes in this state or similar offenses in  | 
| 274 | another jurisdiction when the juvenile was 14 years of age or  | 
| 275 | older at the time of the offense: | 
| 276 |      (I)  Section 794.011, excluding s. 794.011(10); | 
| 277 |      (II)  Section 800.04(4)(b) where the victim is under 12  | 
| 278 | years of age or where the court finds sexual activity by the use  | 
| 279 | of force or coercion; | 
| 280 |      (III)  Section 800.04(5)(c)1. where the court finds  | 
| 281 | molestation involving unclothed genitals; or | 
| 282 |      (IV)  Section 800.04(5)(d) where the court finds the use of  | 
| 283 | force or coercion and unclothed genitals. | 
| 284 |      2.  For all qualifying offenses listed in sub-subparagraph  | 
| 285 | (1)(a)1.d., the court shall make a written finding of the age of  | 
| 286 | the offender at the time of the offense. | 
| 287 | 
  | 
| 288 | For each violation of a qualifying offense listed in this  | 
| 289 | subsection, the court shall make a written finding of the age of  | 
| 290 | the victim at the time of the offense. For a violation of s.  | 
| 291 | 800.04(4), the court shall additionally make a written finding  | 
| 292 | indicating that the offense did or did not involve sexual  | 
| 293 | activity and indicating that the offense did or did not involve  | 
| 294 | force or coercion. For a violation of s. 800.04(5), the court  | 
| 295 | shall additionally make a written finding that the offense did  | 
| 296 | or did not involve unclothed genitals or genital area and that  | 
| 297 | the offense did or did not involve the use of force or coercion. | 
| 298 |      (2)  A sexual offender shall: | 
| 299 |      (b)  Provide his or her name, date of birth, social  | 
| 300 | security number, race, sex, height, weight, hair and eye color,  | 
| 301 | tattoos or other identifying marks, occupation and place of  | 
| 302 | employment, address of permanent or legal residence or address  | 
| 303 | of any current temporary residence, within the state and out of  | 
| 304 | state, including a rural route address and a post office box,  | 
| 305 | home telephone number and any cellular telephone number, any  | 
| 306 | electronic mail address and any instant message name required to  | 
| 307 | be provided pursuant to paragraph (4)(d), date and place of each  | 
| 308 | conviction, and a brief description of the crime or crimes  | 
| 309 | committed by the offender. A post office box shall not be  | 
| 310 | provided in lieu of a physical residential address. | 
| 311 |      1.  If the sexual offender's place of residence is a motor  | 
| 312 | vehicle, trailer, mobile home, or manufactured home, as defined  | 
| 313 | in chapter 320, the sexual offender shall also provide to the  | 
| 314 | department through the sheriff's office written notice of the  | 
| 315 | vehicle identification number; the license tag number; the  | 
| 316 | registration number; and a description, including color scheme,  | 
| 317 | of the motor vehicle, trailer, mobile home, or manufactured  | 
| 318 | home. If the sexual offender's place of residence is a vessel,  | 
| 319 | live-aboard vessel, or houseboat, as defined in chapter 327, the  | 
| 320 | sexual offender shall also provide to the department written  | 
| 321 | notice of the hull identification number; the manufacturer's  | 
| 322 | serial number; the name of the vessel, live-aboard vessel, or  | 
| 323 | houseboat; the registration number; and a description, including  | 
| 324 | color scheme, of the vessel, live-aboard vessel, or houseboat. | 
| 325 |      2.  If the sexual offender is enrolled, employed, or  | 
| 326 | carrying on a vocation at an institution of higher education in  | 
| 327 | this state, the sexual offender shall also provide to the  | 
| 328 | department through the sheriff's office the name, address, and  | 
| 329 | county of each institution, including each campus attended, and  | 
| 330 | the sexual offender's enrollment or employment status. Each  | 
| 331 | change in enrollment or employment status shall be reported in  | 
| 332 | person at the sheriff's office, within 48 hours after any change  | 
| 333 | in status. The sheriff shall promptly notify each institution of  | 
| 334 | the sexual offender's presence and any change in the sexual  | 
| 335 | offender's enrollment or employment status. | 
| 336 | 
  | 
| 337 | When a sexual offender reports at the sheriff's office, the  | 
| 338 | sheriff shall take a photograph and a set of fingerprints of the  | 
| 339 | offender and forward the photographs and fingerprints to the  | 
| 340 | department, along with the information provided by the sexual  | 
| 341 | offender. The sheriff shall promptly provide to the department  | 
| 342 | the information received from the sexual offender. | 
| 343 |      (14) | 
| 344 |      (c)  The sheriff's office may determine the appropriate  | 
| 345 | times and days for reporting by the sexual offender, which shall  | 
| 346 | be consistent with the reporting requirements of this  | 
| 347 | subsection. Reregistration shall include any changes to the  | 
| 348 | following information: | 
| 349 |      1.  Name; social security number; age; race; sex; date of  | 
| 350 | birth; height; weight; hair and eye color; address of any  | 
| 351 | permanent residence and address of any current temporary  | 
| 352 | residence, within the state or out of state, including a rural  | 
| 353 | route address and a post office box; any electronic mail address  | 
| 354 | and any instant message name required to be provided pursuant to  | 
| 355 | paragraph (4)(d); home telephone number and any cellular  | 
| 356 | telephone number; date and place of any employment; vehicle  | 
| 357 | make, model, color, and license tag number; fingerprints; and  | 
| 358 | photograph. A post office box shall not be provided in lieu of a  | 
| 359 | physical residential address. | 
| 360 |      2.  If the sexual offender is enrolled, employed, or  | 
| 361 | carrying on a vocation at an institution of higher education in  | 
| 362 | this state, the sexual offender shall also provide to the  | 
| 363 | department the name, address, and county of each institution,  | 
| 364 | including each campus attended, and the sexual offender's  | 
| 365 | enrollment or employment status. | 
| 366 |      3.  If the sexual offender's place of residence is a motor  | 
| 367 | vehicle, trailer, mobile home, or manufactured home, as defined  | 
| 368 | in chapter 320, the sexual offender shall also provide the  | 
| 369 | vehicle identification number; the license tag number; the  | 
| 370 | registration number; and a description, including color scheme,  | 
| 371 | of the motor vehicle, trailer, mobile home, or manufactured  | 
| 372 | home. If the sexual offender's place of residence is a vessel,  | 
| 373 | live-aboard vessel, or houseboat, as defined in chapter 327, the  | 
| 374 | sexual offender shall also provide the hull identification  | 
| 375 | number; the manufacturer's serial number; the name of the  | 
| 376 | vessel, live-aboard vessel, or houseboat; the registration  | 
| 377 | number; and a description, including color scheme, of the  | 
| 378 | vessel, live-aboard vessel or houseboat. | 
| 379 |      4.  Any sexual offender who fails to report in person as  | 
| 380 | required at the sheriff's office, or who fails to respond to any  | 
| 381 | address verification correspondence from the department within 3  | 
| 382 | weeks of the date of the correspondence or who fails to report  | 
| 383 | electronic mail addresses or instant message names, commits a  | 
| 384 | felony of the third degree, punishable as provided in s.  | 
| 385 | 775.082, s. 775.083, or s. 775.084. | 
| 386 |      Section 4.  Paragraph (b) of subsection (1) and paragraph  | 
| 387 | (a) of subsection (3) of section 944.606, Florida Statutes, are  | 
| 388 | amended to read: | 
| 389 |      944.606  Sexual offenders; notification upon release.-- | 
| 390 |      (1)  As used in this section: | 
| 391 |      (b)  "Sexual offender" means a person who has been  | 
| 392 | convicted of committing, or attempting, soliciting, or  | 
| 393 | conspiring to commit, any of the criminal offenses proscribed in  | 
| 394 | the following statutes in this state or similar offenses in  | 
| 395 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),  | 
| 396 | where the victim is a minor and the defendant is not the  | 
| 397 | victim's parent or guardian; s. 794.011, excluding s.  | 
| 398 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.  | 
| 399 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.  | 
| 400 | 847.0135(6)(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.  | 
| 401 | 985.701(1); or any similar offense committed in this state which  | 
| 402 | has been redesignated from a former statute number to one of  | 
| 403 | those listed in this subsection, when the department has  | 
| 404 | received verified information regarding such conviction; an  | 
| 405 | offender's computerized criminal history record is not, in and  | 
| 406 | of itself, verified information. | 
| 407 |      (3)(a)  The department must provide information regarding  | 
| 408 | any sexual offender who is being released after serving a period  | 
| 409 | of incarceration for any offense, as follows: | 
| 410 |      1.  The department must provide: the sexual offender's  | 
| 411 | name, any change in the offender's name by reason of marriage or  | 
| 412 | other legal process, and any alias, if known; the correctional  | 
| 413 | facility from which the sexual offender is released; the sexual  | 
| 414 | offender's social security number, race, sex, date of birth,  | 
| 415 | height, weight, and hair and eye color; date and county of  | 
| 416 | sentence and each crime for which the offender was sentenced; a  | 
| 417 | copy of the offender's fingerprints and a digitized photograph  | 
| 418 | taken within 60 days before release; the date of release of the  | 
| 419 | sexual offender; any electronic mail address and any instant  | 
| 420 | message name required to be provided pursuant to s.  | 
| 421 | 943.0435(4)(d); home telephone number and any cellular telephone  | 
| 422 | number; and the offender's intended residence address, if known.  | 
| 423 | The department shall notify the Department of Law Enforcement if  | 
| 424 | the sexual offender escapes, absconds, or dies. If the sexual  | 
| 425 | offender is in the custody of a private correctional facility,  | 
| 426 | the facility shall take the digitized photograph of the sexual  | 
| 427 | offender within 60 days before the sexual offender's release and  | 
| 428 | provide this photograph to the Department of Corrections and  | 
| 429 | also place it in the sexual offender's file. If the sexual  | 
| 430 | offender is in the custody of a local jail, the custodian of the  | 
| 431 | local jail shall register the offender within 3 business days  | 
| 432 | after intake of the offender for any reason and upon release,  | 
| 433 | and shall notify the Department of Law Enforcement of the sexual  | 
| 434 | offender's release and provide to the Department of Law  | 
| 435 | Enforcement the information specified in this paragraph and any  | 
| 436 | information specified in subparagraph 2. that the Department of  | 
| 437 | Law Enforcement requests. | 
| 438 |      2.  The department may provide any other information deemed  | 
| 439 | necessary, including criminal and corrections records,  | 
| 440 | nonprivileged personnel and treatment records, when available. | 
| 441 |      Section 5.  Paragraph (a) of subsection (1) of section  | 
| 442 | 944.607, Florida Statutes, is amended to read: | 
| 443 |      944.607  Notification to Department of Law Enforcement of  | 
| 444 | information on sexual offenders.-- | 
| 445 |      (1)  As used in this section, the term: | 
| 446 |      (a)  "Sexual offender" means a person who is in the custody  | 
| 447 | or control of, or under the supervision of, the department or is  | 
| 448 | in the custody of a private correctional facility: | 
| 449 |      1.  On or after October 1, 1997, as a result of a  | 
| 450 | conviction for committing, or attempting, soliciting, or  | 
| 451 | conspiring to commit, any of the criminal offenses proscribed in  | 
| 452 | the following statutes in this state or similar offenses in  | 
| 453 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),  | 
| 454 | where the victim is a minor and the defendant is not the  | 
| 455 | victim's parent or guardian; s. 794.011, excluding s.  | 
| 456 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.  | 
| 457 | 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.  | 
| 458 | 847.0135(6)(4); s. 847.0137; s. 847.0138; s. 847.0145; or s.  | 
| 459 | 985.701(1); or any similar offense committed in this state which  | 
| 460 | has been redesignated from a former statute number to one of  | 
| 461 | those listed in this paragraph; or | 
| 462 |      2.  Who establishes or maintains a residence in this state  | 
| 463 | and who has not been designated as a sexual predator by a court  | 
| 464 | of this state but who has been designated as a sexual predator,  | 
| 465 | as a sexually violent predator, or by another sexual offender  | 
| 466 | designation in another state or jurisdiction and was, as a  | 
| 467 | result of such designation, subjected to registration or  | 
| 468 | community or public notification, or both, or would be if the  | 
| 469 | person were a resident of that state or jurisdiction, without  | 
| 470 | regard as to whether the person otherwise meets the criteria for  | 
| 471 | registration as a sexual offender. | 
| 472 |      Section 6.  Paragraph (a) of subsection (3) of section  | 
| 473 | 985.481, Florida Statutes, is amended to read: | 
| 474 |      985.481  Sexual offenders adjudicated delinquent;  | 
| 475 | notification upon release.-- | 
| 476 |      (3)(a)  The department must provide information regarding  | 
| 477 | any sexual offender who is being released after serving a period  | 
| 478 | of residential commitment under the department for any offense,  | 
| 479 | as follows: | 
| 480 |      1.  The department must provide the sexual offender's name,  | 
| 481 | any change in the offender's name by reason of marriage or other  | 
| 482 | legal process, and any alias, if known; the correctional  | 
| 483 | facility from which the sexual offender is released; the sexual  | 
| 484 | offender's social security number, race, sex, date of birth,  | 
| 485 | height, weight, and hair and eye color; date and county of  | 
| 486 | disposition and each crime for which there was a disposition; a  | 
| 487 | copy of the offender's fingerprints and a digitized photograph  | 
| 488 | taken within 60 days before release; the date of release of the  | 
| 489 | sexual offender; home telephone number and any cellular  | 
| 490 | telephone number; and the offender's intended residence address,  | 
| 491 | if known. The department shall notify the Department of Law  | 
| 492 | Enforcement if the sexual offender escapes, absconds, or dies.  | 
| 493 | If the sexual offender is in the custody of a private  | 
| 494 | correctional facility, the facility shall take the digitized  | 
| 495 | photograph of the sexual offender within 60 days before the  | 
| 496 | sexual offender's release and also place it in the sexual  | 
| 497 | offender's file. If the sexual offender is in the custody of a  | 
| 498 | local jail, the custodian of the local jail shall register the  | 
| 499 | offender within 3 business days after intake of the offender for  | 
| 500 | any reason and upon release, and shall notify the Department of  | 
| 501 | Law Enforcement of the sexual offender's release and provide to  | 
| 502 | the Department of Law Enforcement the information specified in  | 
| 503 | this subparagraph and any information specified in subparagraph  | 
| 504 | 2. which the Department of Law Enforcement requests. | 
| 505 |      2.  The department may provide any other information  | 
| 506 | considered necessary, including criminal and delinquency  | 
| 507 | records, when available. | 
| 508 |      Section 7.  Paragraph (a) of subsection (5) and subsection  | 
| 509 | (7) of section 847.0135, Florida Statutes, are amended to read: | 
| 510 |      847.0135  Computer pornography; traveling to meet minor;  | 
| 511 | penalties.-- | 
| 512 |      (5)  CERTAIN COMPUTER TRANSMISSIONS PROHIBITED.-- | 
| 513 |      (a)  A person who: | 
| 514 |      1.  Intentionally masturbates; | 
| 515 |      2.  Intentionally exposes the genitals in a lewd or  | 
| 516 | lascivious manner; or | 
| 517 |      3.  Intentionally commits any other sexual act that does  | 
| 518 | not involve actual physical or sexual contact with the victim,  | 
| 519 | including, but not limited to, sadomasochistic abuse, sexual  | 
| 520 | bestiality, or the simulation of any act involving sexual  | 
| 521 | activity | 
| 522 | 
  | 
| 523 | live over a computer online service, Internet service, or local  | 
| 524 | bulletin board service and who knows or should know or has  | 
| 525 | reason to believe that the transmission is viewed on a computer  | 
| 526 | or television monitor by a victim in this state who is less than  | 
| 527 | 16 years of age, commits lewd or lascivious exhibition in  | 
| 528 | violation of this subsection. The fact that an undercover  | 
| 529 | operative or law enforcement officer was involved in the  | 
| 530 | detection and investigation of an offense under this subsection  | 
| 531 | shall not constitute a defense to a prosecution under this  | 
| 532 | subsection. | 
| 533 |      (7)  STATE CRIMINAL JURISDICTION.--A person is subject to  | 
| 534 | prosecution in this state pursuant to chapter 910 for any  | 
| 535 | conduct proscribed by this section which the person engages in,  | 
| 536 | while either within or outside this state, if by such conduct  | 
| 537 | the person commits a violation of this section involving a child  | 
| 538 | residing in this state, a child's guardian, or another person  | 
| 539 | believed by the person to be a child or a child's guardian  | 
| 540 | residing in this state. | 
| 541 |      Section 8.  Subsections (2) and (3) of section 847.0138,  | 
| 542 | Florida Statutes, are amended to read: | 
| 543 |      847.0138  Transmission of material harmful to minors to a  | 
| 544 | minor by electronic device or equipment prohibited; penalties.-- | 
| 545 |      (2)  Notwithstanding ss. 847.012 and 847.0133, any person  | 
| 546 | in this state who knew or believed that he or she was  | 
| 547 | transmitting an image, information, or data that is harmful to  | 
| 548 | minors, as defined in s. 847.001, to a specific individual known  | 
| 549 | by the defendant to be a minor in this state commits a felony of  | 
| 550 | the third degree, punishable as provided in s. 775.082, s.  | 
| 551 | 775.083, or s. 775.084. | 
| 552 |      (3)  Notwithstanding ss. 847.012 and 847.0133, any person  | 
| 553 | in any jurisdiction other than this state who knew or believed  | 
| 554 | that he or she was transmitting an image, information, or data  | 
| 555 | that is harmful to minors, as defined in s. 847.001, to a  | 
| 556 | specific individual known by the defendant to be a minor in this  | 
| 557 | state commits a felony of the third degree, punishable as  | 
| 558 | provided in s. 775.082, s. 775.083, or s. 775.084. | 
| 559 | 
  | 
| 560 | The provisions of this section do not apply to subscription- | 
| 561 | based transmissions such as list servers. | 
| 562 |      Section 9.  This act shall take effect July 1, 2009. |