| 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 |
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| 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 |
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| 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. |