Florida Senate - 2009 CS for SB 320
By the Committee on Criminal Justice and Senator Crist
591-01105A-09 2009320c1
1 A bill to be entitled
2 An act relating to sexual offenders and predators;
3 creating s. 856.022, F.S.; prohibiting loitering or
4 prowling by certain offenders within a specified
5 distance of places where children regularly
6 congregate; prohibiting certain actions toward a child
7 at a public park or playground by certain offenders;
8 prohibiting the presence of certain offenders at a
9 child care facility without notice and supervision;
10 providing exceptions; providing penalties; amending s.
11 775.21, F.S.; revising and providing definitions;
12 revising provisions relating to reporting requirements
13 for sexual predators who are in a transient status;
14 amending s. 943.0435, F.S.; revising provisions
15 relating to residence reporting requirements for
16 sexual offenders; amending s. 943.04352, F.S.;
17 requiring that the probation services provider search
18 in an additional specified sex offender registry for
19 information regarding sexual predators and sexual
20 offenders when an offender is placed on misdemeanor
21 probation; amending s. 944.606, F.S.; revising address
22 reporting requirements for sexual offenders; amending
23 s. 944.607, F.S.; requiring additional registration
24 information from sex offenders who are under the
25 supervision of the Department of Corrections but who
26 are not incarcerated; amending s. 947.1405, F.S.;
27 revising provisions relating to polygraph examinations
28 of specified conditional releasees who have committed
29 specified sexual offenses; providing additional
30 restrictions for certain conditional releasees who
31 have committed sexual offenses against minors under
32 the age of 16 or who have been designated as sexual
33 predators or received similar designations or
34 determinations in another jurisdiction; amending s.
35 948.30, F.S.; revising provisions relating to
36 polygraph examinations of specified probationers or
37 community controllees who have committed specified
38 sexual offenses; providing additional restrictions for
39 certain probationers or community controllees who
40 committed sexual offenses against minors under the age
41 of 16 or who have been designated as sexual predators
42 or received similar designations or determinations in
43 another jurisdiction; amending s. 948.31, F.S.;
44 deleting a requirement for diagnosis of certain sexual
45 predators and sexual offenders on community control;
46 revising provisions relating to treatment for such
47 offenders and predators; amending s. 985.481, F.S.;
48 providing additional address reporting requirements
49 for sexual offenders adjudicated delinquent; amending
50 s. 985.4815, F.S.; revising provisions relating to
51 address and residence reporting requirements for
52 sexual offenders adjudicated delinquent; providing an
53 effective date.
54
55 Be It Enacted by the Legislature of the State of Florida:
56
57 Section 1. Section 856.022, Florida Statutes, is created to
58 read:
59 856.022 Loitering or prowling by certain offenders in close
60 proximity to children; penalty.—
61 (1) This section applies to an offender convicted of
62 committing, or attempting, soliciting, or conspiring to commit,
63 any of the criminal offenses proscribed in the following
64 statutes in this state or similar offenses in another
65 jurisdiction against a victim who was under the age of 18 at the
66 time of the offense: s. 787.01, s. 787.02, or s. 787.025(2)(c),
67 where the victim is a minor and the offender was not the
68 victim's parent or guardian; s. 794.011, excluding s.
69 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
70 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
71 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
72 985.701(1); or any similar offense committed in this state which
73 has been redesignated from a former statute number to one of
74 those listed in this subsection, if the offender has not
75 received a pardon for any felony or similar law of another
76 jurisdiction necessary for the operation of this subsection and
77 a conviction of a felony or similar law of another jurisdiction
78 necessary for the operation of this subsection has not been set
79 aside in any postconviction proceeding.
80 (2) An offender described in subsection (1) commits
81 loitering and prowling by a person convicted of a sexual offense
82 against a minor if, in committing loitering and prowling, he or
83 she was within 300 feet of a place where children regularly
84 congregate, including, but not limited to, a school, day care
85 center, playground, or park.
86 (3) It is unlawful for an offender described in subsection
87 (1) to:
88 (a) Knowingly approach, contact, or communicate with a
89 child under 18 years of age in any public park building or on
90 real property comprising any public park or playground with
91 intent to engage in conduct of a sexual nature, or to make a
92 communication of any type containing any content of a sexual
93 nature. This paragraph applies only to an offender described in
94 subsection (1) whose offense was committed on or after July 1,
95 2009.
96 (b)1. Knowingly be present in any child care facility or
97 pre-K through 12 school or on real property comprising any child
98 care facility or pre-K through 12 school when the child care
99 facility or school is in operation unless the offender has
100 provided written notification of his or her intent to be present
101 to the school board, superintendent, principal, or child care
102 facility owner.
103 2. Fail to notify the child care facility owner or the
104 principal's office when he or she arrives and departs the child
105 care facility or school.
106 3. Fail to remain under direct supervision of a school
107 official or designated chaperone when present in the vicinity of
108 children. As used in this subparagraph, the term “school
109 official” means a principal, school resource officer, teacher or
110 any other employee of the school, the superintendent of schools,
111 a member of the school board, a child care facility owner, or a
112 child care provider.
113 (4) The offender is not in violation of subsection (3) if:
114 (a) The child care facility or school is a voting location
115 and the offender is present for the purpose of voting during the
116 hours designated for voting; or
117 (b) The offender is only dropping off or picking up his or
118 her own children or grandchildren at the child care facility or
119 school.
120 (5) Any person who violates this section commits a
121 misdemeanor of the first degree, punishable as provided in s.
122 775.082 or s. 775.083.
123 Section 2. Paragraph (g) of subsection (2), paragraphs (a)
124 and (c) of subsection (4), paragraph (a) of subsection (5),
125 paragraphs (a), (f), (g), (i), and (j) of subsection (6),
126 paragraph (a) of subsection (7), and paragraph (a) of subsection
127 (8) of section 775.21, Florida Statutes, are amended, and
128 paragraph (l) is added to subsection (2) of that section, to
129 read:
130 775.21 The Florida Sexual Predators Act.—
131 (2) DEFINITIONS.—As used in this section, the term:
132 (g) “Temporary residence” means a place where the person
133 abides, lodges, or resides, including, but not limited to,
134 vacation, business, or personal travel destinations in or out of
135 this state, for a period of 5 or more days in the aggregate
136 during any calendar year and which is not the person's permanent
137 address or, for a person whose permanent residence is not in
138 this state, a place where the person is employed, practices a
139 vocation, or is enrolled as a student for any period of time in
140 this state.
141 (l) “Transient residence” means a place or county where a
142 person lives, remains, or is located for a period of 5 or more
143 days in the aggregate during a calendar year and which is not
144 the person's permanent or temporary address. The term includes,
145 but is not limited to, a place where the person sleeps or seeks
146 shelter and a location that has no specific street address.
147 (4) SEXUAL PREDATOR CRITERIA.—
148 (a) For a current offense committed on or after October 1,
149 1993, upon conviction, an offender shall be designated as a
150 “sexual predator” under subsection (5), and subject to
151 registration under subsection (6) and community and public
152 notification under subsection (7) if:
153 1. The felony is:
154 a. A capital, life, or first-degree felony violation, or
155 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
156 is a minor and the defendant is not the victim's parent or
157 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
158 violation of a similar law of another jurisdiction; or
159 b. Any felony violation, or any attempt thereof, of s.
160 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
161 minor and the defendant is not the victim's parent or guardian;
162 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
163 796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
164 847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a
165 similar law of another jurisdiction, and the offender has
166 previously been convicted of or found to have committed, or has
167 pled nolo contendere or guilty to, regardless of adjudication,
168 any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
169 where the victim is a minor and the defendant is not the
170 victim's parent or guardian; s. 794.011, excluding s.
171 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
172 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
173 847.0135(6) s. 847.0135(4); s. 847.0145; or s. 985.701(1); or a
174 violation of a similar law of another jurisdiction;
175 2. The offender has not received a pardon for any felony or
176 similar law of another jurisdiction that is necessary for the
177 operation of this paragraph; and
178 3. A conviction of a felony or similar law of another
179 jurisdiction necessary to the operation of this paragraph has
180 not been set aside in any postconviction proceeding.
181 (c) If an offender has been registered as a sexual predator
182 by the Department of Corrections, the department, or any other
183 law enforcement agency and if:
184 1. The court did not, for whatever reason, make a written
185 finding at the time of sentencing that the offender was a sexual
186 predator; or
187 2. The offender was administratively registered as a sexual
188 predator because the Department of Corrections, the department,
189 or any other law enforcement agency obtained information that
190 indicated that the offender met the criteria for designation as
191 a sexual predator based on a violation of a similar law in
192 another jurisdiction,
193 the department shall remove that offender from the department's
194 list of sexual predators and, for an offender described under
195 subparagraph 1., shall notify the state attorney who prosecuted
196 the offense that met the criteria for administrative designation
197 as a sexual predator, and, for an offender described under this
198 paragraph, shall notify the state attorney of the county where
199 the offender establishes or maintains a permanent, or temporary,
200 or transient residence. The state attorney shall bring the
201 matter to the court's attention in order to establish that the
202 offender meets the criteria for designation as a sexual
203 predator. If the court makes a written finding that the offender
204 is a sexual predator, the offender must be designated as a
205 sexual predator, must register or be registered as a sexual
206 predator with the department as provided in subsection (6), and
207 is subject to the community and public notification as provided
208 in subsection (7). If the court does not make a written finding
209 that the offender is a sexual predator, the offender may not be
210 designated as a sexual predator with respect to that offense and
211 is not required to register or be registered as a sexual
212 predator with the department.
213 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
214 as a sexual predator as follows:
215 (a)1. An offender who meets the sexual predator criteria
216 described in paragraph (4)(d) is a sexual predator, and the
217 court shall make a written finding at the time such offender is
218 determined to be a sexually violent predator under chapter 394
219 that such person meets the criteria for designation as a sexual
220 predator for purposes of this section. The clerk shall transmit
221 a copy of the order containing the written finding to the
222 department within 48 hours after the entry of the order;
223 2. An offender who meets the sexual predator criteria
224 described in paragraph (4)(a) who is before the court for
225 sentencing for a current offense committed on or after October
226 1, 1993, is a sexual predator, and the sentencing court must
227 make a written finding at the time of sentencing that the
228 offender is a sexual predator, and the clerk of the court shall
229 transmit a copy of the order containing the written finding to
230 the department within 48 hours after the entry of the order; or
231 3. If the Department of Corrections, the department, or any
232 other law enforcement agency obtains information which indicates
233 that an offender who establishes or maintains a permanent, or
234 temporary, or transient residence in this state meets the sexual
235 predator criteria described in paragraph (4)(a) or paragraph
236 (4)(d) because the offender was civilly committed or committed a
237 similar violation in another jurisdiction on or after October 1,
238 1993, the Department of Corrections, the department, or the law
239 enforcement agency shall notify the state attorney of the county
240 where the offender establishes or maintains a permanent, or
241 temporary, or transient residence of the offender's presence in
242 the community. The state attorney shall file a petition with the
243 criminal division of the circuit court for the purpose of
244 holding a hearing to determine if the offender's criminal record
245 or record of civil commitment from another jurisdiction meets
246 the sexual predator criteria. If the court finds that the
247 offender meets the sexual predator criteria because the offender
248 has violated a similar law or similar laws in another
249 jurisdiction, the court shall make a written finding that the
250 offender is a sexual predator.
251 When the court makes a written finding that an offender is a
252 sexual predator, the court shall inform the sexual predator of
253 the registration and community and public notification
254 requirements described in this section. Within 48 hours after
255 the court designating an offender as a sexual predator, the
256 clerk of the circuit court shall transmit a copy of the court's
257 written sexual predator finding to the department. If the
258 offender is sentenced to a term of imprisonment or supervision,
259 a copy of the court's written sexual predator finding must be
260 submitted to the Department of Corrections.
261 (6) REGISTRATION.—
262 (a) A sexual predator must register with the department
263 through the sheriff's office by providing the following
264 information to the department:
265 1. Name, social security number, age, race, sex, date of
266 birth, height, weight, hair and eye color, photograph, address
267 of legal residence and address of any current temporary
268 residence, within the state or out of state, including a rural
269 route address and a post office box, if no permanent or
270 temporary address, any transient residence within the state,
271 address, location or description, and dates of any current or
272 known future temporary residence within the state or out of
273 state, any electronic mail address and any instant message name
274 required to be provided pursuant to subparagraph (g)4., date and
275 place of any employment, date and place of each conviction,
276 fingerprints, and a brief description of the crime or crimes
277 committed by the offender. A post office box shall not be
278 provided in lieu of a physical residential address.
279 a. If the sexual predator's place of residence is a motor
280 vehicle, trailer, mobile home, or manufactured home, as defined
281 in chapter 320, the sexual predator shall also provide to the
282 department written notice of the vehicle identification number;
283 the license tag number; the registration number; and a
284 description, including color scheme, of the motor vehicle,
285 trailer, mobile home, or manufactured home. If a sexual
286 predator's place of residence is a vessel, live-aboard vessel,
287 or houseboat, as defined in chapter 327, the sexual predator
288 shall also provide to the department written notice of the hull
289 identification number; the manufacturer's serial number; the
290 name of the vessel, live-aboard vessel, or houseboat; the
291 registration number; and a description, including color scheme,
292 of the vessel, live-aboard vessel, or houseboat.
293 b. If the sexual predator is enrolled, employed, or
294 carrying on a vocation at an institution of higher education in
295 this state, the sexual predator shall also provide to the
296 department the name, address, and county of each institution,
297 including each campus attended, and the sexual predator's
298 enrollment or employment status. Each change in enrollment or
299 employment status shall be reported in person at the sheriff's
300 office, or the Department of Corrections if the sexual predator
301 is in the custody or control of or under the supervision of the
302 Department of Corrections, within 48 hours after any change in
303 status. The sheriff or the Department of Corrections shall
304 promptly notify each institution of the sexual predator's
305 presence and any change in the sexual predator's enrollment or
306 employment status.
307 2. Any other information determined necessary by the
308 department, including criminal and corrections records;
309 nonprivileged personnel and treatment records; and evidentiary
310 genetic markers when available.
311 (f) Within 48 hours after the registration required under
312 paragraph (a) or paragraph (e), a sexual predator who is not
313 incarcerated and who resides in the community, including a
314 sexual predator under the supervision of the Department of
315 Corrections, shall register in person at a driver's license
316 office of the Department of Highway Safety and Motor Vehicles
317 and shall present proof of registration. At the driver's license
318 office the sexual predator shall:
319 1. If otherwise qualified, secure a Florida driver's
320 license, renew a Florida driver's license, or secure an
321 identification card. The sexual predator shall identify himself
322 or herself as a sexual predator who is required to comply with
323 this section, provide his or her place of permanent, or
324 temporary, or transient residence, including a rural route
325 address and a post office box, and submit to the taking of a
326 photograph for use in issuing a driver's license, renewed
327 license, or identification card, and for use by the department
328 in maintaining current records of sexual predators. A post
329 office box shall not be provided in lieu of a physical
330 residential address. If the sexual predator's place of residence
331 is a motor vehicle, trailer, mobile home, or manufactured home,
332 as defined in chapter 320, the sexual predator shall also
333 provide to the Department of Highway Safety and Motor Vehicles
334 the vehicle identification number; the license tag number; the
335 registration number; and a description, including color scheme,
336 of the motor vehicle, trailer, mobile home, or manufactured
337 home. If a sexual predator's place of residence is a vessel,
338 live-aboard vessel, or houseboat, as defined in chapter 327, the
339 sexual predator shall also provide to the Department of Highway
340 Safety and Motor Vehicles the hull identification number; the
341 manufacturer's serial number; the name of the vessel, live
342 aboard vessel, or houseboat; the registration number; and a
343 description, including color scheme, of the vessel, live-aboard
344 vessel, or houseboat.
345 2. Pay the costs assessed by the Department of Highway
346 Safety and Motor Vehicles for issuing or renewing a driver's
347 license or identification card as required by this section. The
348 driver's license or identification card issued to the sexual
349 predator must be in compliance with s. 322.141(3).
350 3. Provide, upon request, any additional information
351 necessary to confirm the identity of the sexual predator,
352 including a set of fingerprints.
353 (g)1. Each time a sexual predator's driver's license or
354 identification card is subject to renewal, and, without regard
355 to the status of the predator's driver's license or
356 identification card, within 48 hours after any change of the
357 predator's residence or change in the predator's name by reason
358 of marriage or other legal process, the predator shall report in
359 person to a driver's license office and shall be subject to the
360 requirements specified in paragraph (f). The Department of
361 Highway Safety and Motor Vehicles shall forward to the
362 department and to the Department of Corrections all photographs
363 and information provided by sexual predators. Notwithstanding
364 the restrictions set forth in s. 322.142, the Department of
365 Highway Safety and Motor Vehicles is authorized to release a
366 reproduction of a color-photograph or digital-image license to
367 the Department of Law Enforcement for purposes of public
368 notification of sexual predators as provided in this section.
369 2. A sexual predator who vacates a permanent, temporary, or
370 transient residence and fails to establish or maintain another
371 permanent or temporary residence shall, within 48 hours after
372 vacating the permanent, temporary, or transient residence,
373 report in person to the sheriff's office of the county in which
374 he or she is located. The sexual predator shall specify the date
375 upon which he or she intends to or did vacate such residence.
376 The sexual predator must provide or update all of the
377 registration information required under paragraph (a). The
378 sexual predator must provide an address for the residence or
379 other place location that he or she is or will be located
380 occupying during the time in which he or she fails to establish
381 or maintain a permanent or temporary residence.
382 3. A sexual predator who remains at a permanent, temporary,
383 or transient residence after reporting his or her intent to
384 vacate such residence shall, within 48 hours after the date upon
385 which the predator indicated he or she would or did vacate such
386 residence, report in person to the sheriff's office to which he
387 or she reported pursuant to subparagraph 2. for the purpose of
388 reporting his or her address at such residence. When the sheriff
389 receives the report, the sheriff shall promptly convey the
390 information to the department. An offender who makes a report as
391 required under subparagraph 2. but fails to make a report as
392 required under this subparagraph commits a felony of the second
393 degree, punishable as provided in s. 775.082, s. 775.083, or s.
394 775.084.
395 4. A sexual predator must register any electronic mail
396 address or instant message name with the department prior to
397 using such electronic mail address or instant message name on or
398 after October 1, 2007. The department shall establish an online
399 system through which sexual predators may securely access and
400 update all electronic mail address and instant message name
401 information.
402 (i) A sexual predator who intends to establish a permanent,
403 temporary, or transient residence in another state or
404 jurisdiction other than the State of Florida shall report in
405 person to the sheriff of the county of current residence within
406 48 hours before the date he or she intends to leave this state
407 to establish residence in another state or jurisdiction. The
408 sexual predator must provide to the sheriff the address,
409 municipality, county, and state of intended residence. The
410 sheriff shall promptly provide to the department the information
411 received from the sexual predator. The department shall notify
412 the statewide law enforcement agency, or a comparable agency, in
413 the intended state or jurisdiction of residence of the sexual
414 predator's intended residence. The failure of a sexual predator
415 to provide his or her intended place of residence is punishable
416 as provided in subsection (10).
417 (j) A sexual predator who indicates his or her intent to
418 establish a permanent, temporary, or transient residence reside
419 in another state or jurisdiction other than the State of Florida
420 and later decides to remain in this state shall, within 48 hours
421 after the date upon which the sexual predator indicated he or
422 she would leave this state, report in person to the sheriff to
423 which the sexual predator reported the intended change of
424 residence, and report his or her intent to remain in this state.
425 If the sheriff is notified by the sexual predator that he or she
426 intends to remain in this state, the sheriff shall promptly
427 report this information to the department. A sexual predator who
428 reports his or her intent to establish a permanent, temporary,
429 or transient residence reside in another state or jurisdiction,
430 but who remains in this state without reporting to the sheriff
431 in the manner required by this paragraph, commits a felony of
432 the second degree, punishable as provided in s. 775.082, s.
433 775.083, or s. 775.084.
434 (7) COMMUNITY AND PUBLIC NOTIFICATION.—
435 (a) Law enforcement agencies must inform members of the
436 community and the public of a sexual predator's presence. Upon
437 notification of the presence of a sexual predator, the sheriff
438 of the county or the chief of police of the municipality where
439 the sexual predator establishes or maintains a permanent or
440 temporary residence shall notify members of the community and
441 the public of the presence of the sexual predator in a manner
442 deemed appropriate by the sheriff or the chief of police. Within
443 48 hours after receiving notification of the presence of a
444 sexual predator, the sheriff of the county or the chief of
445 police of the municipality where the sexual predator temporarily
446 or permanently resides shall notify each licensed day care
447 center, elementary school, middle school, and high school within
448 a 1-mile radius of the temporary or permanent residence of the
449 sexual predator of the presence of the sexual predator.
450 Information provided to members of the community and the public
451 regarding a sexual predator must include:
452 1. The name of the sexual predator;
453 2. A description of the sexual predator, including a
454 photograph;
455 3. The sexual predator's current permanent, temporary, and
456 transient addresses, and descriptions of registered locations
457 that have no specific street address, including the name of the
458 county or municipality if known;
459 4. The circumstances of the sexual predator's offense or
460 offenses; and
461 5. Whether the victim of the sexual predator's offense or
462 offenses was, at the time of the offense, a minor or an adult.
463 This paragraph does not authorize the release of the name of any
464 victim of the sexual predator.
465 (8) VERIFICATION.—The department and the Department of
466 Corrections shall implement a system for verifying the addresses
467 of sexual predators. The system must be consistent with the
468 provisions of the federal Adam Walsh Child Protection and Safety
469 Act of 2006 and any other federal standards applicable to such
470 verification or required to be met as a condition for the
471 receipt of federal funds by the state. The Department of
472 Corrections shall verify the addresses of sexual predators who
473 are not incarcerated but who reside in the community under the
474 supervision of the Department of Corrections and shall report to
475 the department any failure by a sexual predator to comply with
476 registration requirements. County and local law enforcement
477 agencies, in conjunction with the department, shall verify the
478 addresses of sexual predators who are not under the care,
479 custody, control, or supervision of the Department of
480 Corrections. Local law enforcement agencies shall report to the
481 department any failure by a sexual predator to comply with
482 registration requirements.
483 (a) A sexual predator must report in person each year
484 during the month of the sexual predator's birthday and during
485 every third month thereafter to the sheriff's office in the
486 county in which he or she resides or is otherwise located to
487 reregister. The sheriff's office may determine the appropriate
488 times and days for reporting by the sexual predator, which shall
489 be consistent with the reporting requirements of this paragraph.
490 Reregistration shall include any changes to the following
491 information:
492 1. Name; social security number; age; race; sex; date of
493 birth; height; weight; hair and eye color; address of any
494 permanent residence and address of any current temporary
495 residence, within the state or out of state, including a rural
496 route address and a post office box; if no permanent or
497 temporary address, any transient residence within the state;
498 address, location or description, and dates of any current or
499 known future temporary residence within the state or out of
500 state; any electronic mail address and any instant message name
501 required to be provided pursuant to subparagraph (6)(g)4.; date
502 and place of any employment; vehicle make, model, color, and
503 license tag number; fingerprints; and photograph. A post office
504 box shall not be provided in lieu of a physical residential
505 address.
506 2. If the sexual predator is enrolled, employed, or
507 carrying on a vocation at an institution of higher education in
508 this state, the sexual predator shall also provide to the
509 department the name, address, and county of each institution,
510 including each campus attended, and the sexual predator's
511 enrollment or employment status.
512 3. If the sexual predator's place of residence is a motor
513 vehicle, trailer, mobile home, or manufactured home, as defined
514 in chapter 320, the sexual predator shall also provide the
515 vehicle identification number; the license tag number; the
516 registration number; and a description, including color scheme,
517 of the motor vehicle, trailer, mobile home, or manufactured
518 home. If the sexual predator's place of residence is a vessel,
519 live-aboard vessel, or houseboat, as defined in chapter 327, the
520 sexual predator shall also provide the hull identification
521 number; the manufacturer's serial number; the name of the
522 vessel, live-aboard vessel, or houseboat; the registration
523 number; and a description, including color scheme, of the
524 vessel, live-aboard vessel, or houseboat.
525 Section 3. Paragraph (c) of subsection (1), subsection (2),
526 paragraphs (a), (b), and (c) of subsection (4), subsections (7),
527 (8), and (10), and paragraph (c) of subsection (14) of section
528 943.0435, Florida Statutes, are amended to read:
529 943.0435 Sexual offenders required to register with the
530 department; penalty.—
531 (1) As used in this section, the term:
532 (c) “Permanent residence,” and “temporary residence,” and
533 “transient residence” have the same meaning ascribed in s.
534 775.21.
535 (2) A sexual offender shall:
536 (a) Report in person at the sheriff's office:
537 1. In the county in which the offender establishes or
538 maintains a permanent, or temporary, or transient residence
539 within 48 hours after:
540 a. Establishing permanent, or temporary, or transient
541 residence in this state ; or
542 b. Being released from the custody, control, or supervision
543 of the Department of Corrections or from the custody of a
544 private correctional facility; or
545 2. In the county where he or she was convicted within 48
546 hours after being convicted for a qualifying offense for
547 registration under this section if the offender is not in the
548 custody or control of, or under the supervision of, the
549 Department of Corrections, or is not in the custody of a private
550 correctional facility.
551 Any change in the information required to be provided pursuant
552 to paragraph (b), including, but not limited to, any change in
553 the sexual offender's permanent, or temporary, or transient
554 residence, name, any electronic mail address, and any instant
555 message name required to be provided pursuant to paragraph
556 (4)(d), after the sexual offender reports in person at the
557 sheriff's office, shall be accomplished in the manner provided
558 in subsections (4), (7), and (8).
559 (b) Provide his or her name, date of birth, social security
560 number, race, sex, height, weight, hair and eye color, tattoos
561 or other identifying marks, occupation and place of employment,
562 address of permanent or legal residence or address of any
563 current temporary residence, within the state and out of state,
564 including a rural route address and a post office box, if no
565 permanent or temporary address, any transient residence within
566 the state, address, location or description, and dates of any
567 current or known future temporary residence within the state or
568 out of state, any electronic mail address and any instant
569 message name required to be provided pursuant to paragraph
570 (4)(d), date and place of each conviction, and a brief
571 description of the crime or crimes committed by the offender. A
572 post office box shall not be provided in lieu of a physical
573 residential address.
574 1. If the sexual offender's place of residence is a motor
575 vehicle, trailer, mobile home, or manufactured home, as defined
576 in chapter 320, the sexual offender shall also provide to the
577 department through the sheriff's office written notice of the
578 vehicle identification number; the license tag number; the
579 registration number; and a description, including color scheme,
580 of the motor vehicle, trailer, mobile home, or manufactured
581 home. If the sexual offender's place of residence is a vessel,
582 live-aboard vessel, or houseboat, as defined in chapter 327, the
583 sexual offender shall also provide to the department written
584 notice of the hull identification number; the manufacturer's
585 serial number; the name of the vessel, live-aboard vessel, or
586 houseboat; the registration number; and a description, including
587 color scheme, of the vessel, live-aboard vessel, or houseboat.
588 2. If the sexual offender is enrolled, employed, or
589 carrying on a vocation at an institution of higher education in
590 this state, the sexual offender shall also provide to the
591 department through the sheriff's office the name, address, and
592 county of each institution, including each campus attended, and
593 the sexual offender's enrollment or employment status. Each
594 change in enrollment or employment status shall be reported in
595 person at the sheriff's office, within 48 hours after any change
596 in status. The sheriff shall promptly notify each institution of
597 the sexual offender's presence and any change in the sexual
598 offender's enrollment or employment status.
599 When a sexual offender reports at the sheriff's office, the
600 sheriff shall take a photograph and a set of fingerprints of the
601 offender and forward the photographs and fingerprints to the
602 department, along with the information provided by the sexual
603 offender. The sheriff shall promptly provide to the department
604 the information received from the sexual offender.
605 (4)(a) Each time a sexual offender's driver's license or
606 identification card is subject to renewal, and, without regard
607 to the status of the offender's driver's license or
608 identification card, within 48 hours after any change in the
609 offender's permanent, or temporary, or transient residence or
610 change in the offender's name by reason of marriage or other
611 legal process, the offender shall report in person to a driver's
612 license office, and shall be subject to the requirements
613 specified in subsection (3). The Department of Highway Safety
614 and Motor Vehicles shall forward to the department all
615 photographs and information provided by sexual offenders.
616 Notwithstanding the restrictions set forth in s. 322.142, the
617 Department of Highway Safety and Motor Vehicles is authorized to
618 release a reproduction of a color-photograph or digital-image
619 license to the Department of Law Enforcement for purposes of
620 public notification of sexual offenders as provided in this
621 section and ss. 943.043 and 944.606.
622 (b) A sexual offender who vacates a permanent, temporary,
623 or transient residence and fails to establish or maintain
624 another permanent or temporary residence shall, within 48 hours
625 after vacating the permanent, temporary, or transient residence,
626 report in person to the sheriff's office of the county in which
627 he or she is located. The sexual offender shall specify the date
628 upon which he or she intends to or did vacate such residence.
629 The sexual offender must provide or update all of the
630 registration information required under paragraph (2)(b). The
631 sexual offender must provide an address for the residence or
632 other place location that he or she is or will be located
633 occupying during the time in which he or she fails to establish
634 or maintain a permanent or temporary residence.
635 (c) A sexual offender who remains at a permanent,
636 temporary, or transient residence after reporting his or her
637 intent to vacate such residence shall, within 48 hours after the
638 date upon which the offender indicated he or she would or did
639 vacate such residence, report in person to the agency to which
640 he or she reported pursuant to paragraph (b) for the purpose of
641 reporting his or her address at such residence. When the sheriff
642 receives the report, the sheriff shall promptly convey the
643 information to the department. An offender who makes a report as
644 required under paragraph (b) but fails to make a report as
645 required under this paragraph commits a felony of the second
646 degree, punishable as provided in s. 775.082, s. 775.083, or s.
647 775.084.
648 (7) A sexual offender who intends to establish a permanent,
649 temporary, or transient residence in another state or
650 jurisdiction other than the State of Florida shall report in
651 person to the sheriff of the county of current residence within
652 48 hours before the date he or she intends to leave this state
653 to establish residence in another state or jurisdiction. The
654 notification must include the address, municipality, county, and
655 state of intended residence. The sheriff shall promptly provide
656 to the department the information received from the sexual
657 offender. The department shall notify the statewide law
658 enforcement agency, or a comparable agency, in the intended
659 state or jurisdiction of residence of the sexual offender's
660 intended residence. The failure of a sexual offender to provide
661 his or her intended place of residence is punishable as provided
662 in subsection (9).
663 (8) A sexual offender who indicates his or her intent to
664 establish a permanent, temporary, or transient residence reside
665 in another state or jurisdiction other than the State of Florida
666 and later decides to remain in this state shall, within 48 hours
667 after the date upon which the sexual offender indicated he or
668 she would leave this state, report in person to the sheriff to
669 which the sexual offender reported the intended change of
670 permanent, temporary, or transient residence, and report his or
671 her intent to remain in this state. The sheriff shall promptly
672 report this information to the department. A sexual offender who
673 reports his or her intent to establish a permanent, temporary,
674 or transient residence reside in another state or jurisdiction
675 but who remains in this state without reporting to the sheriff
676 in the manner required by this subsection commits a felony of
677 the second degree, punishable as provided in s. 775.082, s.
678 775.083, or s. 775.084.
679 (10) The department, the Department of Highway Safety and
680 Motor Vehicles, the Department of Corrections, the Department of
681 Juvenile Justice, any law enforcement agency in this state, and
682 the personnel of those departments; an elected or appointed
683 official, public employee, or school administrator; or an
684 employee, agency, or any individual or entity acting at the
685 request or upon the direction of any law enforcement agency is
686 immune from civil liability for damages for good faith
687 compliance with the requirements of this section or for the
688 release of information under this section, and shall be presumed
689 to have acted in good faith in compiling, recording, reporting,
690 or releasing the information. The presumption of good faith is
691 not overcome if a technical or clerical error is made by the
692 department, the Department of Highway Safety and Motor Vehicles,
693 the Department of Corrections, the Department of Juvenile
694 Justice, the personnel of those departments, or any individual
695 or entity acting at the request or upon the direction of any of
696 those departments in compiling or providing information, or if
697 information is incomplete or incorrect because a sexual offender
698 fails to report or falsely reports his or her current place of
699 permanent, or temporary, or transient residence.
700 (14)
701 (c) The sheriff's office may determine the appropriate
702 times and days for reporting by the sexual offender, which shall
703 be consistent with the reporting requirements of this
704 subsection. Reregistration shall include any changes to the
705 following information:
706 1. Name; social security number; age; race; sex; date of
707 birth; height; weight; hair and eye color; address of any
708 permanent residence and address of any current temporary
709 residence, within the state or out of state, including a rural
710 route address and a post office box; if no permanent or
711 temporary address, any transient residence within the state;
712 address, location or description, and dates of any current or
713 known future temporary residence within the state or out of
714 state; any electronic mail address and any instant message name
715 required to be provided pursuant to paragraph (4)(d); date and
716 place of any employment; vehicle make, model, color, and license
717 tag number; fingerprints; and photograph. A post office box
718 shall not be provided in lieu of a physical residential address.
719 2. If the sexual offender is enrolled, employed, or
720 carrying on a vocation at an institution of higher education in
721 this state, the sexual offender shall also provide to the
722 department the name, address, and county of each institution,
723 including each campus attended, and the sexual offender's
724 enrollment or employment status.
725 3. If the sexual offender's place of residence is a motor
726 vehicle, trailer, mobile home, or manufactured home, as defined
727 in chapter 320, the sexual offender shall also provide the
728 vehicle identification number; the license tag number; the
729 registration number; and a description, including color scheme,
730 of the motor vehicle, trailer, mobile home, or manufactured
731 home. If the sexual offender's place of residence is a vessel,
732 live-aboard vessel, or houseboat, as defined in chapter 327, the
733 sexual offender shall also provide the hull identification
734 number; the manufacturer's serial number; the name of the
735 vessel, live-aboard vessel, or houseboat; the registration
736 number; and a description, including color scheme, of the
737 vessel, live-aboard vessel or houseboat.
738 4. Any sexual offender who fails to report in person as
739 required at the sheriff's office, or who fails to respond to any
740 address verification correspondence from the department within 3
741 weeks of the date of the correspondence or who fails to report
742 electronic mail addresses or instant message names, commits a
743 felony of the third degree, punishable as provided in s.
744 775.082, s. 775.083, or s. 775.084.
745 Section 4. Section 943.04352, Florida Statutes, is amended
746 to read:
747 943.04352 Search of registration information regarding
748 sexual predators and sexual offenders required when placement on
749 misdemeanor probation.—When the court places a defendant on
750 misdemeanor probation pursuant to ss. 948.01 and 948.15, the
751 public or private entity providing probation services must
752 conduct a search of the probationer's name or other identifying
753 information against the registration information regarding
754 sexual predators and sexual offenders maintained by the
755 Department of Law Enforcement under s. 943.043. The probation
756 services provider may conduct the search using the Internet site
757 maintained by the Department of Law Enforcement. Also, a
758 national search must be conducted through the Dru Sjodin
759 National Sex Offender Public Website maintained by the United
760 States Department of Justice.
761 Section 5. Paragraph (a) of subsection (3) of section
762 944.606, Florida Statutes, is amended to read:
763 944.606 Sexual offenders; notification upon release.—
764 (3)(a) The department must provide information regarding
765 any sexual offender who is being released after serving a period
766 of incarceration for any offense, as follows:
767 1. The department must provide: the sexual offender's name,
768 any change in the offender's name by reason of marriage or other
769 legal process, and any alias, if known; the correctional
770 facility from which the sexual offender is released; the sexual
771 offender's social security number, race, sex, date of birth,
772 height, weight, and hair and eye color; address of any planned
773 permanent residence or temporary residence, within the state or
774 out of state, including a rural route address and a post office
775 box; if no permanent or temporary address, any transient
776 residence within the state; address, location or description,
777 and dates of any known future temporary residence within the
778 state or out of state; date and county of sentence and each
779 crime for which the offender was sentenced; a copy of the
780 offender's fingerprints and a digitized photograph taken within
781 60 days before release; the date of release of the sexual
782 offender; and any electronic mail address and any instant
783 message name required to be provided pursuant to s.
784 943.0435(4)(d); and the offender's intended residence address,
785 if known. The department shall notify the Department of Law
786 Enforcement if the sexual offender escapes, absconds, or dies.
787 If the sexual offender is in the custody of a private
788 correctional facility, the facility shall take the digitized
789 photograph of the sexual offender within 60 days before the
790 sexual offender's release and provide this photograph to the
791 Department of Corrections and also place it in the sexual
792 offender's file. If the sexual offender is in the custody of a
793 local jail, the custodian of the local jail shall register the
794 offender within 3 business days after intake of the offender for
795 any reason and upon release, and shall notify the Department of
796 Law Enforcement of the sexual offender's release and provide to
797 the Department of Law Enforcement the information specified in
798 this paragraph and any information specified in subparagraph 2.
799 that the Department of Law Enforcement requests.
800 2. The department may provide any other information deemed
801 necessary, including criminal and corrections records,
802 nonprivileged personnel and treatment records, when available.
803 Section 6. Subsections (4) and (6) and paragraph (c) of
804 subsection (13) of section 944.607, Florida Statutes, are
805 amended to read:
806 944.607 Notification to Department of Law Enforcement of
807 information on sexual offenders.—
808 (4) A sexual offender, as described in this section, who is
809 under the supervision of the Department of Corrections but is
810 not incarcerated must register with the Department of
811 Corrections within 3 business days after sentencing for a
812 registrable registerable offense and otherwise provide
813 information as required by this subsection.
814 (a) The sexual offender shall provide his or her name; date
815 of birth; social security number; race; sex; height; weight;
816 hair and eye color; tattoos or other identifying marks; any
817 electronic mail address and any instant message name required to
818 be provided pursuant to s. 943.0435(4)(d); and permanent or
819 legal residence and address of temporary residence within the
820 state or out of state while the sexual offender is under
821 supervision in this state, including any rural route address or
822 post office box; if no permanent or temporary address, any
823 transient residence within the state; and address, location or
824 description, and dates of any current or known future temporary
825 residence within the state or out of state. The Department of
826 Corrections shall verify the address of each sexual offender in
827 the manner described in ss. 775.21 and 943.0435. The department
828 shall report to the Department of Law Enforcement any failure by
829 a sexual predator or sexual offender to comply with registration
830 requirements.
831 (b) If the sexual offender is enrolled, employed, or
832 carrying on a vocation at an institution of higher education in
833 this state, the sexual offender shall provide the name, address,
834 and county of each institution, including each campus attended,
835 and the sexual offender's enrollment or employment status. Each
836 change in enrollment or employment status shall be reported to
837 the department within 48 hours after the change in status. The
838 Department of Corrections shall promptly notify each institution
839 of the sexual offender's presence and any change in the sexual
840 offender's enrollment or employment status.
841 (6) The information provided to the Department of Law
842 Enforcement must include:
843 (a) The information obtained from the sexual offender under
844 subsection (4);
845 (b) The sexual offender's most current address, and place
846 of permanent, and temporary, or transient residence within the
847 state or out of state, and address, location or description, and
848 dates of any current or known future temporary residence within
849 the state or out of state, while the sexual offender is under
850 supervision in this state, including the name of the county or
851 municipality in which the offender permanently or temporarily
852 resides, or has a transient residence, and address, location or
853 description, and dates of any current or known future temporary
854 residence within the state or out of state, and, if known, the
855 intended place of permanent, or temporary, or transient
856 residence, and address, location or description, and dates of
857 any current or known future temporary residence within the state
858 or out of state upon satisfaction of all sanctions;
859 (c) The legal status of the sexual offender and the
860 scheduled termination date of that legal status;
861 (d) The location of, and local telephone number for, any
862 Department of Corrections' office that is responsible for
863 supervising the sexual offender;
864 (e) An indication of whether the victim of the offense that
865 resulted in the offender's status as a sexual offender was a
866 minor;
867 (f) The offense or offenses at conviction which resulted in
868 the determination of the offender's status as a sex offender;
869 and
870 (g) A digitized photograph of the sexual offender which
871 must have been taken within 60 days before the offender is
872 released from the custody of the department or a private
873 correctional facility by expiration of sentence under s. 944.275
874 or must have been taken by January 1, 1998, or within 60 days
875 after the onset of the department's supervision of any sexual
876 offender who is on probation, community control, conditional
877 release, parole, provisional release, or control release or who
878 is supervised by the department under the Interstate Compact
879 Agreement for Probationers and Parolees. If the sexual offender
880 is in the custody of a private correctional facility, the
881 facility shall take a digitized photograph of the sexual
882 offender within the time period provided in this paragraph and
883 shall provide the photograph to the department.
884 If any information provided by the department changes during the
885 time the sexual offender is under the department's control,
886 custody, or supervision, including any change in the offender's
887 name by reason of marriage or other legal process, the
888 department shall, in a timely manner, update the information and
889 provide it to the Department of Law Enforcement in the manner
890 prescribed in subsection (2).
891 (13)
892 (c) The sheriff's office may determine the appropriate
893 times and days for reporting by the sexual offender, which shall
894 be consistent with the reporting requirements of this
895 subsection. Reregistration shall include any changes to the
896 following information:
897 1. Name; social security number; age; race; sex; date of
898 birth; height; weight; hair and eye color; address of any
899 permanent residence and address of any current temporary
900 residence, within the state or out of state, including a rural
901 route address and a post office box; if no permanent or
902 temporary address, any transient residence; address, location or
903 description, and dates of any current or known future temporary
904 residence within the state and out of state; any electronic mail
905 address and any instant message name required to be provided
906 pursuant to s. 943.0435(4)(d); date and place of any employment;
907 vehicle make, model, color, and license tag number;
908 fingerprints; and photograph. A post office box shall not be
909 provided in lieu of a physical residential address.
910 2. If the sexual offender is enrolled, employed, or
911 carrying on a vocation at an institution of higher education in
912 this state, the sexual offender shall also provide to the
913 department the name, address, and county of each institution,
914 including each campus attended, and the sexual offender's
915 enrollment or employment status.
916 3. If the sexual offender's place of residence is a motor
917 vehicle, trailer, mobile home, or manufactured home, as defined
918 in chapter 320, the sexual offender shall also provide the
919 vehicle identification number; the license tag number; the
920 registration number; and a description, including color scheme,
921 of the motor vehicle, trailer, mobile home, or manufactured
922 home. If the sexual offender's place of residence is a vessel,
923 live-aboard vessel, or houseboat, as defined in chapter 327, the
924 sexual offender shall also provide the hull identification
925 number; the manufacturer's serial number; the name of the
926 vessel, live-aboard vessel, or houseboat; the registration
927 number; and a description, including color scheme, of the
928 vessel, live-aboard vessel or houseboat.
929 4. Any sexual offender who fails to report in person as
930 required at the sheriff's office, or who fails to respond to any
931 address verification correspondence from the department within 3
932 weeks of the date of the correspondence, or who fails to report
933 electronic mail addresses or instant message names, commits a
934 felony of the third degree, punishable as provided in s.
935 775.082, s. 775.083, or s. 775.084.
936 Section 7. Paragraph (b) of subsection (7) of section
937 947.1405, Florida Statutes, is amended, and subsection (12) is
938 added to that section, to read:
939 947.1405 Conditional release program.—
940 (7)
941 (b) For a releasee whose crime was committed on or after
942 October 1, 1997, in violation of chapter 794, s. 800.04, s.
943 827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
944 conditional release supervision, in addition to any other
945 provision of this subsection, the commission shall impose the
946 following additional conditions of conditional release
947 supervision:
948 1. As part of a treatment program, participation in a
949 minimum of one annual polygraph examination to obtain
950 information necessary for risk management and treatment and to
951 reduce the sex offender's denial mechanisms. The polygraph
952 examination must be conducted by a polygrapher trained
953 specifically in the use of the polygraph for the monitoring of
954 sex offenders who has been authorized by the department, where
955 available, and at the expense of the releasee sex offender. The
956 results of the polygraph examination shall be provided to the
957 releasee's probation officer and therapist and shall not be used
958 as evidence in a hearing to prove that a violation of
959 supervision has occurred.
960 2. Maintenance of a driving log and a prohibition against
961 driving a motor vehicle alone without the prior approval of the
962 supervising officer.
963 3. A prohibition against obtaining or using a post office
964 box without the prior approval of the supervising officer.
965 4. If there was sexual contact, a submission to, at the
966 releasee's probationer's or community controllee's expense, an
967 HIV test with the results to be released to the victim or the
968 victim's parent or guardian.
969 5. Electronic monitoring of any form when ordered by the
970 commission.
971 (12) In addition to all other conditions imposed, for a
972 releasee who is subject to conditional release for a crime that
973 was committed on or after July 1, 2009, and who has been
974 convicted at any time of committing, or attempting, soliciting,
975 or conspiring to commit, any of the criminal offenses proscribed
976 in the following statutes in this state or similar offenses in
977 another jurisdiction against a victim who was under the age of
978 18 at the time of the offense: s. 787.01, s. 787.02, or s.
979 787.025(2)(c), where the victim is a minor and the offender was
980 not the victim's parent or guardian; s. 794.011, excluding s.
981 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
982 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
983 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
984 985.701(1); or any similar offense committed in this state which
985 has been redesignated from a former statute number to one of
986 those listed in this subsection, if the offender has not
987 received a pardon for any felony or similar law of another
988 jurisdiction necessary for the operation of this subsection and
989 a conviction of a felony or similar law of another jurisdiction
990 necessary for the operation of this subsection has not been set
991 aside in any postconviction proceeding, unless at the time of
992 the crime was committed the victim was 16 or 17 years of age and
993 the releasee was not more than 21 years of age, the commission
994 must impose the following conditions:
995 (a) A prohibition on visiting areas where children
996 regularly congregate, including, but not limited to, schools,
997 day care centers, parks, and playgrounds. The commission may
998 also designate additional locations to protect a victim. The
999 prohibition ordered under this subparagraph does not prohibit
1000 the releasee's attendance at religious services as defined in s.
1001 775.0861.
1002 (b) A prohibition on distributing candy or other items to
1003 children on Halloween; wearing a Santa Claus costume, or other
1004 costume to appeal to children, on or preceding Christmas;
1005 wearing an Easter Bunny costume, or other costume to appeal to
1006 children, on or preceding Easter; entertaining at children's
1007 parties; or wearing a clown costume; without prior approval from
1008 the commission.
1009 Section 8. Paragraph (a) of subsection (2) of section
1010 948.30, Florida Statutes, is amended, and subsection (4) is
1011 added to that section, to read:
1012 948.30 Additional terms and conditions of probation or
1013 community control for certain sex offenses.—Conditions imposed
1014 pursuant to this section do not require oral pronouncement at
1015 the time of sentencing and shall be considered standard
1016 conditions of probation or community control for offenders
1017 specified in this section.
1018 (2) Effective for a probationer or community controllee
1019 whose crime was committed on or after October 1, 1997, and who
1020 is placed on community control or sex offender probation for a
1021 violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1022 or s. 847.0145, in addition to any other provision of this
1023 section, the court must impose the following conditions of
1024 probation or community control:
1025 (a) As part of a treatment program, participation at least
1026 annually in polygraph examinations to obtain information
1027 necessary for risk management and treatment and to reduce the
1028 sex offender's denial mechanisms. A polygraph examination must
1029 be conducted by a polygrapher trained specifically in the use of
1030 the polygraph for the monitoring of sex offenders who has been
1031 authorized by the department, where available, and shall be paid
1032 for by the probationer or community controllee sex offender. The
1033 results of the polygraph examination shall be provided to the
1034 probationer's or community controllee's probation officer and
1035 therapist and shall not be used as evidence in court to prove
1036 that a violation of community supervision has occurred.
1037 (4) In addition to all other conditions imposed, for a
1038 probationer or community controllee who is subject to
1039 supervision for a crime that was committed on or after July 1,
1040 2009, and who has been convicted at any time of committing, or
1041 attempting, soliciting, or conspiring to commit, any of the
1042 criminal offenses proscribed in the following statutes in this
1043 state or similar offenses in another jurisdiction against a
1044 victim who was under the age of 18 at the time of the offense:
1045 s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
1046 minor and the offender was not the victim's parent or guardian;
1047 s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1048 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1049 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1050 847.0145; s. 985.701(1); or any similar offense committed in
1051 this state which has been redesignated from a former statute
1052 number to one of those listed in this subsection, if the
1053 offender has not received a pardon for any felony or similar law
1054 of another jurisdiction necessary for the operation of this
1055 subsection and a conviction of a felony or similar law of
1056 another jurisdiction necessary for the operation of this
1057 subsection has not been set aside in any postconviction
1058 proceeding, unless at the time the crime was committed the
1059 victim was 16 or 17 years of age and the offender was not more
1060 than 21 years of age, the court must impose the following
1061 conditions:
1062 (a) A prohibition on visiting areas where children
1063 regularly congregate, including, but not limited to, schools,
1064 day care centers, parks, and playgrounds. The commission may
1065 also designate additional locations to protect a victim. The
1066 prohibition ordered under this subparagraph does not prohibit
1067 the releasee's attendance at religious services as defined in s.
1068 775.0861.
1069 (b) A prohibition on distributing candy or other items to
1070 children on Halloween; wearing a Santa Claus costume, or other
1071 costume to appeal to children, on or preceding Christmas;
1072 wearing an Easter Bunny costume, or other costume to appeal to
1073 children, on or preceding Easter; entertaining at children's
1074 parties; or wearing a clown costume; without prior approval from
1075 the commission.
1076 Section 9. Section 948.31, Florida Statutes, is amended to
1077 read:
1078 948.31 Diagnosis, Evaluation, and treatment of sexual
1079 predators and offenders placed on probation or community control
1080 for certain sex offenses or child exploitation.—The court shall
1081 require an a diagnosis and evaluation to determine the need of a
1082 probationer or community controllee offender in community
1083 control for treatment. If the court determines that a need
1084 therefor is established by the such diagnosis and evaluation
1085 process, the court shall require sexual offender treatment
1086 outpatient counseling as a term or condition of probation or
1087 community control for any person who meets the criteria to be
1088 designated as a sexual predator under s. 775.21 or to be subject
1089 to registration as a sexual offender under s. 943.0435, s.
1090 944.606, or s. 944.607. was found guilty of any of the
1091 following, or whose plea of guilty or nolo contendere to any of
1092 the following was accepted by the court:
1093 (1) Lewd or lascivious battery, lewd or lascivious
1094 molestation, lewd or lascivious conduct, or lewd or lascivious
1095 exhibition, as defined in s. 800.04 or s. 847.0135(5).
1096 (2) Sexual battery, as defined in chapter 794, against a
1097 child.
1098 (3) Exploitation of a child as provided in s. 450.151, or
1099 for prostitution.
1100 Such treatment counseling shall be required to be obtained from
1101 a qualified practitioner as defined in s. 948.001(6) who is
1102 specifically trained to treat sex offenders. Treatment may not
1103 be administered by a qualified practitioner who has been
1104 convicted or adjudicated delinquent of committing, or
1105 attempting, soliciting, or conspiring to commit, any offense
1106 that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1107 impose a restriction against contact with minors if sexual
1108 offender treatment is recommended a community mental health
1109 center, a recognized social service agency providing mental
1110 health services, or a private mental health professional or
1111 through other professional counseling. The evaluation and
1112 recommendations plan for treatment of counseling for the
1113 probationer or community controllee individual shall be provided
1114 to the court for review.
1115 Section 10. Paragraph (a) of subsection (3) of section
1116 985.481, Florida Statutes, is amended to read:
1117 985.481 Sexual offenders adjudicated delinquent;
1118 notification upon release.—
1119 (3)(a) The department must provide information regarding
1120 any sexual offender who is being released after serving a period
1121 of residential commitment under the department for any offense,
1122 as follows:
1123 1. The department must provide the sexual offender's name,
1124 any change in the offender's name by reason of marriage or other
1125 legal process, and any alias, if known; the correctional
1126 facility from which the sexual offender is released; the sexual
1127 offender's social security number, race, sex, date of birth,
1128 height, weight, and hair and eye color; address of any planned
1129 permanent residence or temporary residence, within the state or
1130 out of state, including a rural route address and a post office
1131 box; if no permanent or temporary address, any transient
1132 residence within the state; address, location or description,
1133 and dates of any known future temporary residence within the
1134 state or out of state; date and county of disposition and each
1135 crime for which there was a disposition; a copy of the
1136 offender's fingerprints and a digitized photograph taken within
1137 60 days before release; and the date of release of the sexual
1138 offender; and the offender's intended residence address, if
1139 known. The department shall notify the Department of Law
1140 Enforcement if the sexual offender escapes, absconds, or dies.
1141 If the sexual offender is in the custody of a private
1142 correctional facility, the facility shall take the digitized
1143 photograph of the sexual offender within 60 days before the
1144 sexual offender's release and also place it in the sexual
1145 offender's file. If the sexual offender is in the custody of a
1146 local jail, the custodian of the local jail shall register the
1147 offender within 3 business days after intake of the offender for
1148 any reason and upon release, and shall notify the Department of
1149 Law Enforcement of the sexual offender's release and provide to
1150 the Department of Law Enforcement the information specified in
1151 this subparagraph and any information specified in subparagraph
1152 2. which the Department of Law Enforcement requests.
1153 2. The department may provide any other information
1154 considered necessary, including criminal and delinquency
1155 records, when available.
1156 Section 11. Paragraph (a) of subsection (4), paragraph (a)
1157 of subsection (6), and paragraph (b) of subsection (13) of
1158 section 985.4815, Florida Statutes, are amended to read:
1159 985.4815 Notification to Department of Law Enforcement of
1160 information on juvenile sexual offenders.—
1161 (4) A sexual offender, as described in this section, who is
1162 under the supervision of the department but who is not committed
1163 must register with the department within 3 business days after
1164 adjudication and disposition for a registrable offense and
1165 otherwise provide information as required by this subsection.
1166 (a) The sexual offender shall provide his or her name; date
1167 of birth; social security number; race; sex; height; weight;
1168 hair and eye color; tattoos or other identifying marks; and
1169 permanent or legal residence and address of temporary residence
1170 within the state or out of state while the sexual offender is in
1171 the care or custody or under the jurisdiction or supervision of
1172 the department in this state, including any rural route address
1173 or post office box; if no permanent or temporary address, any
1174 transient residence; address, location or description, and dates
1175 of any current or known future temporary residence within the
1176 state or out of state;, and the name and address of each school
1177 attended. The department shall verify the address of each sexual
1178 offender and shall report to the Department of Law Enforcement
1179 any failure by a sexual offender to comply with registration
1180 requirements.
1181 (6)(a) The information provided to the Department of Law
1182 Enforcement must include the following:
1183 1. The information obtained from the sexual offender under
1184 subsection (4).
1185 2. The sexual offender's most current address and place of
1186 permanent, or temporary, or transient residence within the state
1187 or out of state, and address, location or description, and dates
1188 of any current or known future temporary residence within the
1189 state or out of state, while the sexual offender is in the care
1190 or custody or under the jurisdiction or supervision of the
1191 department in this state, including the name of the county or
1192 municipality in which the offender permanently or temporarily
1193 resides, or has a transient residence, and address, location or
1194 description, and dates of any current or known future temporary
1195 residence within the state or out of state; and, if known, the
1196 intended place of permanent, or temporary, or transient
1197 residence, and address, location or description, and dates of
1198 any current or known future temporary residence within the state
1199 or out of state upon satisfaction of all sanctions.
1200 3. The legal status of the sexual offender and the
1201 scheduled termination date of that legal status.
1202 4. The location of, and local telephone number for, any
1203 department office that is responsible for supervising the sexual
1204 offender.
1205 5. An indication of whether the victim of the offense that
1206 resulted in the offender's status as a sexual offender was a
1207 minor.
1208 6. The offense or offenses at adjudication and disposition
1209 that resulted in the determination of the offender's status as a
1210 sex offender.
1211 7. A digitized photograph of the sexual offender, which
1212 must have been taken within 60 days before the offender was
1213 released from the custody of the department or a private
1214 correctional facility by expiration of sentence under s.
1215 944.275, or within 60 days after the onset of the department's
1216 supervision of any sexual offender who is on probation,
1217 postcommitment probation, residential commitment, nonresidential
1218 commitment, licensed child-caring commitment, community control,
1219 conditional release, parole, provisional release, or control
1220 release or who is supervised by the department under the
1221 Interstate Compact Agreement for Probationers and Parolees. If
1222 the sexual offender is in the custody of a private correctional
1223 facility, the facility shall take a digitized photograph of the
1224 sexual offender within the time period provided in this
1225 subparagraph and shall provide the photograph to the department.
1226 (13)
1227 (b) The sheriff's office may determine the appropriate
1228 times and days for reporting by the sexual offender, which shall
1229 be consistent with the reporting requirements of this
1230 subsection. Reregistration shall include any changes to the
1231 following information:
1232 1. Name; social security number; age; race; sex; date of
1233 birth; height; weight; hair and eye color; address of any
1234 permanent residence and address of any current temporary
1235 residence, within the state or out of state, including a rural
1236 route address and a post office box; if no permanent or
1237 temporary address, any transient residence; address, location or
1238 description, and dates of any current or known future temporary
1239 residence within the state or out of state; name and address of
1240 each school attended; date and place of any employment; vehicle
1241 make, model, color, and license tag number; fingerprints; and
1242 photograph. A post office box shall not be provided in lieu of a
1243 physical residential address.
1244 2. If the sexual offender is enrolled, employed, or
1245 carrying on a vocation at an institution of higher education in
1246 this state, the sexual offender shall also provide to the
1247 department the name, address, and county of each institution,
1248 including each campus attended, and the sexual offender's
1249 enrollment or employment status.
1250 3. If the sexual offender's place of residence is a motor
1251 vehicle, trailer, mobile home, or manufactured home, as defined
1252 in chapter 320, the sexual offender shall also provide the
1253 vehicle identification number; the license tag number; the
1254 registration number; and a description, including color scheme,
1255 of the motor vehicle, trailer, mobile home, or manufactured
1256 home. If the sexual offender's place of residence is a vessel,
1257 live-aboard vessel, or houseboat, as defined in chapter 327, the
1258 sexual offender shall also provide the hull identification
1259 number; the manufacturer's serial number; the name of the
1260 vessel, live-aboard vessel, or houseboat; the registration
1261 number; and a description, including color scheme, of the
1262 vessel, live-aboard vessel, or houseboat.
1263 4. Any sexual offender who fails to report in person as
1264 required at the sheriff's office, or who fails to respond to any
1265 address verification correspondence from the department within 3
1266 weeks after the date of the correspondence, commits a felony of
1267 the third degree, punishable as provided in ss. 775.082,
1268 775.083, and 775.084.
1269 Section 12. This act shall take effect July 1, 2009.