HB 77

1
A bill to be entitled
2An act relating to sexual offenders and predators;
3creating s. 856.022, F.S.; prohibiting loitering or
4prowling by certain offenders within a specified distance
5of places where children regularly congregate; providing
6exceptions; providing penalties; amending s. 775.21, F.S.;
7revising and providing definitions; revising provisions
8relating to reporting requirements for sexual predators in
9transient status; amending s. 943.0435, F.S.; revising
10provisions relating to reporting requirements for sexual
11offenders in transient status; amending s. 943.04352,
12F.S.; requiring search in an additional specified sex
13offender registry for information regarding sexual
14predators and sexual offenders when an offender is placed
15on misdemeanor probation; amending s. 944.606, F.S.;
16revising address reporting requirements for sexual
17offenders; amending s. 944.607, F.S.; requiring additional
18registration information from sex offenders under the
19supervision of the Department of Corrections but not
20incarcerated; amending s. 947.1405, F.S.; revising
21provisions relating to polygraph examinations of specified
22conditional releasees who have committed specified sexual
23offenses; providing additional restrictions for certain
24conditional releasees who committed sexual offenses with
25minors under the age of 16 or who have been designated as
26sexual predators or received similar designations or
27determinations in another jurisdiction; amending s.
28948.30, F.S.; revising provisions relating to polygraph
29examinations of specified probationers or community
30controllees who have committed specified sexual offenses;
31providing additional restrictions for certain probationers
32or community controllees who committed sexual offenses
33with minors under the age of 16 or who have been
34designated as sexual predators or received similar
35designations or determinations in another jurisdiction;
36amending s. 948.31, F.S.; deleting a requirement for
37diagnosis of certain sexual predators and sexual offenders
38on community control; revising provisions relating to
39treatment for such offenders and predators; amending s.
40985.481, F.S.; providing additional address reporting
41requirements for sexual offenders adjudicated delinquent;
42amending s. 985.4815, F.S.; providing transient and
43temporary residence reporting requirements for sexual
44offenders adjudicated delinquent; providing an effective
45date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Section 856.022, Florida Statutes, is created
50to read:
51     856.022  Loitering or prowling by certain offenders in
52close proximity to children; penalty.--
53     (1)  As used in this section, the term "loiter or prowl"
54shall have the same meaning as in s. 856.021.
55     (2)  This section applies to an offender convicted of
56committing, or attempting, soliciting, or conspiring to commit,
57any of the criminal offenses proscribed in the following
58statutes in this state or similar offenses in another
59jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where
60the victim is a minor and the offender was not the victim's
61parent or guardian; s. 794.011, excluding s. 794.011(10); s.
62794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s.
63827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s.
64847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any
65similar offense committed in this state that has been
66redesignated from a former statute number to one of those listed
67in this subsection, provided the offender has not received a
68pardon for any felony or similar law of another jurisdiction
69that is necessary for the operation of this subsection and a
70conviction of a felony or similar law of another jurisdiction
71necessary to the operation of this subsection has not been set
72aside in any postconviction proceeding.
73     (3)  If an offender as provided in subsection (2) committed
74one or more of his or her qualifying offenses against a victim
75who was under the age of 18 at the time of the offense, it is
76unlawful for the offender to:
77     (a)  Loiter or prowl within 300 feet of a place where
78children regularly congregate, including, but not limited to, a
79school, day care center, playground, or park without a
80justifiable reason or purpose;
81     (b)  Knowingly approach, contact, or communicate with a
82child under 18 years of age in any public park building or on
83real property comprising any public park or playground unless
84the offender is a parent or guardian of a person under 18 years
85of age who is also present within close proximity in the
86building or on the grounds; or
87     (c)1.a.  Knowingly be present in any child care facility or
88pre-K through 12 school or on real property comprising any child
89care facility or pre-K through 12 school when the child care
90facility or school is in operation unless the offender has
91provided written notification of his or her intent to be present
92to the school board, superintendent, principal, or child care
93facility owner. The offender is responsible for notifying the
94child care facility owner or the principal's office when he or
95she arrives and departs the child care facility or school. If
96the offender is to be present in the vicinity of children, the
97offender has the duty to remain under direct supervision of a
98child care facility or school official or designated chaperone.
99     b.  The offender is not in violation of this section if:
100     (I)  The child care facility or school is a voting location
101and the offender is present for the purpose of voting during the
102hours designated for voting; or
103     (II)  The offender is only dropping off or picking up his
104or her own children or grandchildren at the child care facility
105or school.
106     2.  As used in this paragraph, the term "school official"
107means a principal, school resource officer, teacher, or any
108other certified employee of the school, the superintendent of
109schools, a member of the school board, a child care facility
110owner, or a child care provider.
111     (4)  Any person who violates this section commits a
112misdemeanor of the first degree, punishable as provided in s.
113775.082 or s. 775.083.
114     Section 2.  Paragraph (g) of subsection (2), paragraph (c)
115of subsection (4), paragraph (a) of subsection (5), paragraphs
116(a), (f), (g), (i), and (j) of subsection (6), paragraph (a) of
117subsection (7), and paragraph (a) of subsection (8) of section
118775.21, Florida Statutes, are amended, and paragraph (l) is
119added to subsection (2) of that section, to read:
120     775.21  The Florida Sexual Predators Act.--
121     (2)  DEFINITIONS.--As used in this section, the term:
122     (g)  "Temporary residence" means a place where the person
123abides, lodges, or resides, including, but not limited to,
124vacation, business, or personal travel destinations in or out of
125this state, for a period of 5 or more days in the aggregate
126during any calendar year and which is not the person's permanent
127address or, for a person whose permanent residence is not in
128this state, a place where the person is employed, practices a
129vocation, or is enrolled as a student for any period of time in
130this state.
131     (l)  "Transient residence" means a place or county where a
132person lives, remains, or is located for a period of 5 or more
133days in the aggregate during a calendar year and which is not
134the person's permanent or temporary address. The term may
135include, but is not limited to, a place where the person sleeps
136or seeks shelter and a location that has no specific street
137address.
138     (4)  SEXUAL PREDATOR CRITERIA.--
139     (c)  If an offender has been registered as a sexual
140predator by the Department of Corrections, the department, or
141any other law enforcement agency and if:
142     1.  The court did not, for whatever reason, make a written
143finding at the time of sentencing that the offender was a sexual
144predator; or
145     2.  The offender was administratively registered as a
146sexual predator because the Department of Corrections, the
147department, or any other law enforcement agency obtained
148information that indicated that the offender met the criteria
149for designation as a sexual predator based on a violation of a
150similar law in another jurisdiction,
151
152the department shall remove that offender from the department's
153list of sexual predators and, for an offender described under
154subparagraph 1., shall notify the state attorney who prosecuted
155the offense that met the criteria for administrative designation
156as a sexual predator, and, for an offender described under this
157paragraph, shall notify the state attorney of the county where
158the offender establishes or maintains a permanent, or temporary,
159or transient residence. The state attorney shall bring the
160matter to the court's attention in order to establish that the
161offender meets the criteria for designation as a sexual
162predator. If the court makes a written finding that the offender
163is a sexual predator, the offender must be designated as a
164sexual predator, must register or be registered as a sexual
165predator with the department as provided in subsection (6), and
166is subject to the community and public notification as provided
167in subsection (7). If the court does not make a written finding
168that the offender is a sexual predator, the offender may not be
169designated as a sexual predator with respect to that offense and
170is not required to register or be registered as a sexual
171predator with the department.
172     (5)  SEXUAL PREDATOR DESIGNATION.--An offender is
173designated as a sexual predator as follows:
174     (a)1.  An offender who meets the sexual predator criteria
175described in paragraph (4)(d) is a sexual predator, and the
176court shall make a written finding at the time such offender is
177determined to be a sexually violent predator under chapter 394
178that such person meets the criteria for designation as a sexual
179predator for purposes of this section. The clerk shall transmit
180a copy of the order containing the written finding to the
181department within 48 hours after the entry of the order;
182     2.  An offender who meets the sexual predator criteria
183described in paragraph (4)(a) who is before the court for
184sentencing for a current offense committed on or after October
1851, 1993, is a sexual predator, and the sentencing court must
186make a written finding at the time of sentencing that the
187offender is a sexual predator, and the clerk of the court shall
188transmit a copy of the order containing the written finding to
189the department within 48 hours after the entry of the order; or
190     3.  If the Department of Corrections, the department, or
191any other law enforcement agency obtains information which
192indicates that an offender who establishes or maintains a
193permanent, or temporary, or transient residence in this state
194meets the sexual predator criteria described in paragraph (4)(a)
195or paragraph (4)(d) because the offender was civilly committed
196or committed a similar violation in another jurisdiction on or
197after October 1, 1993, the Department of Corrections, the
198department, or the law enforcement agency shall notify the state
199attorney of the county where the offender establishes or
200maintains a permanent, or temporary, or transient residence of
201the offender's presence in the community. The state attorney
202shall file a petition with the criminal division of the circuit
203court for the purpose of holding a hearing to determine if the
204offender's criminal record or record of civil commitment from
205another jurisdiction meets the sexual predator criteria. If the
206court finds that the offender meets the sexual predator criteria
207because the offender has violated a similar law or similar laws
208in another jurisdiction, the court shall make a written finding
209that the offender is a sexual predator.
210
211When the court makes a written finding that an offender is a
212sexual predator, the court shall inform the sexual predator of
213the registration and community and public notification
214requirements described in this section. Within 48 hours after
215the court designating an offender as a sexual predator, the
216clerk of the circuit court shall transmit a copy of the court's
217written sexual predator finding to the department. If the
218offender is sentenced to a term of imprisonment or supervision,
219a copy of the court's written sexual predator finding must be
220submitted to the Department of Corrections.
221     (6)  REGISTRATION.--
222     (a)  A sexual predator must register with the department
223through the sheriff's office by providing the following
224information to the department:
225     1.  Name, social security number, age, race, sex, date of
226birth, height, weight, hair and eye color, photograph, address
227of legal residence and address of any current temporary
228residence, within the state or out of state, including a rural
229route address and a post office box, if no permanent or
230temporary address, any transient residence within the state,
231address, location, or description and dates of any current or
232known future temporary residence within the state or out of
233state, any electronic mail address and any instant message name
234required to be provided pursuant to subparagraph (g)4., date and
235place of any employment, date and place of each conviction,
236fingerprints, and a brief description of the crime or crimes
237committed by the offender. A post office box shall not be
238provided in lieu of a physical residential address.
239     a.  If the sexual predator's place of residence is a motor
240vehicle, trailer, mobile home, or manufactured home, as defined
241in chapter 320, the sexual predator shall also provide to the
242department written notice of the vehicle identification number;
243the license tag number; the registration number; and a
244description, including color scheme, of the motor vehicle,
245trailer, mobile home, or manufactured home. If a sexual
246predator's place of residence is a vessel, live-aboard vessel,
247or houseboat, as defined in chapter 327, the sexual predator
248shall also provide to the department written notice of the hull
249identification number; the manufacturer's serial number; the
250name of the vessel, live-aboard vessel, or houseboat; the
251registration number; and a description, including color scheme,
252of the vessel, live-aboard vessel, or houseboat.
253     b.  If the sexual predator is enrolled, employed, or
254carrying on a vocation at an institution of higher education in
255this state, the sexual predator shall also provide to the
256department the name, address, and county of each institution,
257including each campus attended, and the sexual predator's
258enrollment or employment status. Each change in enrollment or
259employment status shall be reported in person at the sheriff's
260office, or the Department of Corrections if the sexual predator
261is in the custody or control of or under the supervision of the
262Department of Corrections, within 48 hours after any change in
263status. The sheriff or the Department of Corrections shall
264promptly notify each institution of the sexual predator's
265presence and any change in the sexual predator's enrollment or
266employment status.
267     2.  Any other information determined necessary by the
268department, including criminal and corrections records;
269nonprivileged personnel and treatment records; and evidentiary
270genetic markers when available.
271     (f)  Within 48 hours after the registration required under
272paragraph (a) or paragraph (e), a sexual predator who is not
273incarcerated and who resides in the community, including a
274sexual predator under the supervision of the Department of
275Corrections, shall register in person at a driver's license
276office of the Department of Highway Safety and Motor Vehicles
277and shall present proof of registration. At the driver's license
278office the sexual predator shall:
279     1.  If otherwise qualified, secure a Florida driver's
280license, renew a Florida driver's license, or secure an
281identification card. The sexual predator shall identify himself
282or herself as a sexual predator who is required to comply with
283this section, provide his or her place of permanent, or
284temporary, or transient residence, including a rural route
285address and a post office box, and submit to the taking of a
286photograph for use in issuing a driver's license, renewed
287license, or identification card, and for use by the department
288in maintaining current records of sexual predators. A post
289office box shall not be provided in lieu of a physical
290residential address. If the sexual predator's place of residence
291is a motor vehicle, trailer, mobile home, or manufactured home,
292as defined in chapter 320, the sexual predator shall also
293provide to the Department of Highway Safety and Motor Vehicles
294the vehicle identification number; the license tag number; the
295registration number; and a description, including color scheme,
296of the motor vehicle, trailer, mobile home, or manufactured
297home. If a sexual predator's place of residence is a vessel,
298live-aboard vessel, or houseboat, as defined in chapter 327, the
299sexual predator shall also provide to the Department of Highway
300Safety and Motor Vehicles the hull identification number; the
301manufacturer's serial number; the name of the vessel, live-
302aboard vessel, or houseboat; the registration number; and a
303description, including color scheme, of the vessel, live-aboard
304vessel, or houseboat.
305     2.  Pay the costs assessed by the Department of Highway
306Safety and Motor Vehicles for issuing or renewing a driver's
307license or identification card as required by this section. The
308driver's license or identification card issued to the sexual
309predator must be in compliance with s. 322.141(3).
310     3.  Provide, upon request, any additional information
311necessary to confirm the identity of the sexual predator,
312including a set of fingerprints.
313     (g)1.  Each time a sexual predator's driver's license or
314identification card is subject to renewal, and, without regard
315to the status of the predator's driver's license or
316identification card, within 48 hours after any change of the
317predator's residence or change in the predator's name by reason
318of marriage or other legal process, the predator shall report in
319person to a driver's license office and shall be subject to the
320requirements specified in paragraph (f). The Department of
321Highway Safety and Motor Vehicles shall forward to the
322department and to the Department of Corrections all photographs
323and information provided by sexual predators. Notwithstanding
324the restrictions set forth in s. 322.142, the Department of
325Highway Safety and Motor Vehicles is authorized to release a
326reproduction of a color-photograph or digital-image license to
327the Department of Law Enforcement for purposes of public
328notification of sexual predators as provided in this section.
329     2.  A sexual predator who vacates a permanent or temporary
330residence and fails to establish or maintain another permanent
331or temporary residence shall, within 48 hours after vacating the
332permanent or temporary residence, report in person to the
333sheriff's office of the county in which he or she is located.
334The sexual predator shall specify the date upon which he or she
335intends to or did vacate such residence. The sexual predator
336must provide or update all of the registration information
337required under paragraph (a). The sexual predator must provide
338an address for the residence or other place location that he or
339she is or will be located occupying during the time in which he
340or she fails to establish or maintain a permanent or temporary
341residence.
342     3.  A sexual predator who remains at a permanent or
343temporary residence after reporting his or her intent to vacate
344such residence shall, within 48 hours after the date upon which
345the predator indicated he or she would or did vacate such
346residence, report in person to the sheriff's office to which he
347or she reported pursuant to subparagraph 2. for the purpose of
348reporting his or her address at such residence. When the sheriff
349receives the report, the sheriff shall promptly convey the
350information to the department. An offender who makes a report as
351required under subparagraph 2. but fails to make a report as
352required under this subparagraph commits a felony of the second
353degree, punishable as provided in s. 775.082, s. 775.083, or s.
354775.084.
355     4.  A sexual predator must register any electronic mail
356address or instant message name with the department prior to
357using such electronic mail address or instant message name on or
358after October 1, 2007. The department shall establish an online
359system through which sexual predators may securely access and
360update all electronic mail address and instant message name
361information.
362     (i)  A sexual predator who intends to establish a
363permanent, temporary, or transient residence in another state or
364jurisdiction other than the State of Florida shall report in
365person to the sheriff of the county of current residence within
36648 hours before the date he or she intends to leave this state
367to establish residence in another state or jurisdiction. The
368sexual predator must provide to the sheriff the address,
369municipality, county, and state of intended residence. The
370sheriff shall promptly provide to the department the information
371received from the sexual predator. The department shall notify
372the statewide law enforcement agency, or a comparable agency, in
373the intended state or jurisdiction of residence of the sexual
374predator's intended residence. The failure of a sexual predator
375to provide his or her intended place of residence is punishable
376as provided in subsection (10).
377     (j)  A sexual predator who indicates his or her intent to
378reside or establish a temporary or transient residence in
379another state or jurisdiction other than the State of Florida
380and later decides to remain in this state shall, within 48 hours
381after the date upon which the sexual predator indicated he or
382she would leave this state, report in person to the sheriff to
383which the sexual predator reported the intended change of
384residence, and report his or her intent to remain in this state.
385If the sheriff is notified by the sexual predator that he or she
386intends to remain in this state, the sheriff shall promptly
387report this information to the department. A sexual predator who
388reports his or her intent to reside or establish a temporary or
389transient residence in another state or jurisdiction, but who
390remains in this state without reporting to the sheriff in the
391manner required by this paragraph, commits a felony of the
392second degree, punishable as provided in s. 775.082, s. 775.083,
393or s. 775.084.
394     (7)  COMMUNITY AND PUBLIC NOTIFICATION.--
395     (a)  Law enforcement agencies must inform members of the
396community and the public of a sexual predator's presence. Upon
397notification of the presence of a sexual predator, the sheriff
398of the county or the chief of police of the municipality where
399the sexual predator establishes or maintains a permanent or
400temporary residence shall notify members of the community and
401the public of the presence of the sexual predator in a manner
402deemed appropriate by the sheriff or the chief of police. Within
40348 hours after receiving notification of the presence of a
404sexual predator, the sheriff of the county or the chief of
405police of the municipality where the sexual predator temporarily
406or permanently resides shall notify each licensed day care
407center, elementary school, middle school, and high school within
408a 1-mile radius of the temporary or permanent residence of the
409sexual predator of the presence of the sexual predator.
410Information provided to members of the community and the public
411regarding a sexual predator must include:
412     1.  The name of the sexual predator;
413     2.  A description of the sexual predator, including a
414photograph;
415     3.  The sexual predator's current permanent, temporary, and
416transient addresses, and descriptions of registered locations
417that have no specific street address, including the name of the
418county or municipality if known;
419     4.  The circumstances of the sexual predator's offense or
420offenses; and
421     5.  Whether the victim of the sexual predator's offense or
422offenses was, at the time of the offense, a minor or an adult.
423
424This paragraph does not authorize the release of the name of any
425victim of the sexual predator.
426     (8)  VERIFICATION.--The department and the Department of
427Corrections shall implement a system for verifying the addresses
428of sexual predators. The system must be consistent with the
429provisions of the federal Adam Walsh Child Protection and Safety
430Act of 2006 and any other federal standards applicable to such
431verification or required to be met as a condition for the
432receipt of federal funds by the state. The Department of
433Corrections shall verify the addresses of sexual predators who
434are not incarcerated but who reside in the community under the
435supervision of the Department of Corrections and shall report to
436the department any failure by a sexual predator to comply with
437registration requirements. County and local law enforcement
438agencies, in conjunction with the department, shall verify the
439addresses of sexual predators who are not under the care,
440custody, control, or supervision of the Department of
441Corrections. Local law enforcement agencies shall report to the
442department any failure by a sexual predator to comply with
443registration requirements.
444     (a)  A sexual predator must report in person each year
445during the month of the sexual predator's birthday and during
446every third month thereafter to the sheriff's office in the
447county in which he or she resides or is otherwise located to
448reregister. The sheriff's office may determine the appropriate
449times and days for reporting by the sexual predator, which shall
450be consistent with the reporting requirements of this paragraph.
451Reregistration shall include any changes to the following
452information:
453     1.  Name; social security number; age; race; sex; date of
454birth; height; weight; hair and eye color; address of any
455permanent residence and address of any current temporary
456residence, within the state or out of state, including a rural
457route address and a post office box; if no permanent or
458temporary address, any transient residence within the state;
459address, location, or description and dates of any current or
460known future temporary residence within the state or out of
461state; any electronic mail address and any instant message name
462required to be provided pursuant to subparagraph (6)(g)4.; date
463and place of any employment; vehicle make, model, color, and
464license tag number; fingerprints; and photograph. A post office
465box shall not be provided in lieu of a physical residential
466address.
467     2.  If the sexual predator is enrolled, employed, or
468carrying on a vocation at an institution of higher education in
469this state, the sexual predator shall also provide to the
470department the name, address, and county of each institution,
471including each campus attended, and the sexual predator's
472enrollment or employment status.
473     3.  If the sexual predator's place of residence is a motor
474vehicle, trailer, mobile home, or manufactured home, as defined
475in chapter 320, the sexual predator shall also provide the
476vehicle identification number; the license tag number; the
477registration number; and a description, including color scheme,
478of the motor vehicle, trailer, mobile home, or manufactured
479home. If the sexual predator's place of residence is a vessel,
480live-aboard vessel, or houseboat, as defined in chapter 327, the
481sexual predator shall also provide the hull identification
482number; the manufacturer's serial number; the name of the
483vessel, live-aboard vessel, or houseboat; the registration
484number; and a description, including color scheme, of the
485vessel, live-aboard vessel, or houseboat.
486     Section 3.  Paragraph (c) of subsection (1), subsection
487(2), paragraphs (a), (b), and (c) of subsection (4), subsections
488(7), (8), and (10), and paragraph (c) of subsection (14) of
489section 943.0435, Florida Statutes, are amended to read:
490     943.0435  Sexual offenders required to register with the
491department; penalty.--
492     (1)  As used in this section, the term:
493     (c)  "Permanent residence," and "temporary residence," and
494"transient residence" have the same meaning ascribed in s.
495775.21.
496     (2)  A sexual offender shall:
497     (a)  Report in person at the sheriff's office:
498     1.  In the county in which the offender establishes or
499maintains a permanent, or temporary, or transient residence
500within 48 hours after:
501     a.  Establishing permanent or temporary residence in this
502state or attaining transient status; or
503     b.  Being released from the custody, control, or
504supervision of the Department of Corrections or from the custody
505of a private correctional facility; or
506     2.  In the county where he or she was convicted within 48
507hours after being convicted for a qualifying offense for
508registration under this section if the offender is not in the
509custody or control of, or under the supervision of, the
510Department of Corrections, or is not in the custody of a private
511correctional facility.
512
513Any change in the information required to be provided pursuant
514to paragraph (b), including, but not limited to, any change in
515the sexual offender's permanent, or temporary, or transient
516residence, name, any electronic mail address, and any instant
517message name required to be provided pursuant to paragraph
518(4)(d), after the sexual offender reports in person at the
519sheriff's office, shall be accomplished in the manner provided
520in subsections (4), (7), and (8).
521     (b)  Provide his or her name, date of birth, social
522security number, race, sex, height, weight, hair and eye color,
523tattoos or other identifying marks, occupation and place of
524employment, address of permanent or legal residence or address
525of any current temporary residence, within the state and out of
526state, including a rural route address and a post office box, if
527no permanent or temporary address, any transient residence
528within the state, address, location, or description and dates of
529any current or known future temporary residence within the state
530or out of state, any electronic mail address and any instant
531message name required to be provided pursuant to paragraph
532(4)(d), date and place of each conviction, and a brief
533description of the crime or crimes committed by the offender. A
534post office box shall not be provided in lieu of a physical
535residential address.
536     1.  If the sexual offender's place of residence is a motor
537vehicle, trailer, mobile home, or manufactured home, as defined
538in chapter 320, the sexual offender shall also provide to the
539department through the sheriff's office written notice of the
540vehicle identification number; the license tag number; the
541registration number; and a description, including color scheme,
542of the motor vehicle, trailer, mobile home, or manufactured
543home. If the sexual offender's place of residence is a vessel,
544live-aboard vessel, or houseboat, as defined in chapter 327, the
545sexual offender shall also provide to the department written
546notice of the hull identification number; the manufacturer's
547serial number; the name of the vessel, live-aboard vessel, or
548houseboat; the registration number; and a description, including
549color scheme, of the vessel, live-aboard vessel, or houseboat.
550     2.  If the sexual offender is enrolled, employed, or
551carrying on a vocation at an institution of higher education in
552this state, the sexual offender shall also provide to the
553department through the sheriff's office the name, address, and
554county of each institution, including each campus attended, and
555the sexual offender's enrollment or employment status. Each
556change in enrollment or employment status shall be reported in
557person at the sheriff's office, within 48 hours after any change
558in status. The sheriff shall promptly notify each institution of
559the sexual offender's presence and any change in the sexual
560offender's enrollment or employment status.
561
562When a sexual offender reports at the sheriff's office, the
563sheriff shall take a photograph and a set of fingerprints of the
564offender and forward the photographs and fingerprints to the
565department, along with the information provided by the sexual
566offender. The sheriff shall promptly provide to the department
567the information received from the sexual offender.
568     (4)(a)  Each time a sexual offender's driver's license or
569identification card is subject to renewal, and, without regard
570to the status of the offender's driver's license or
571identification card, within 48 hours after any change in the
572offender's permanent, or temporary, or transient residence or
573change in the offender's name by reason of marriage or other
574legal process, the offender shall report in person to a driver's
575license office, and shall be subject to the requirements
576specified in subsection (3). The Department of Highway Safety
577and Motor Vehicles shall forward to the department all
578photographs and information provided by sexual offenders.
579Notwithstanding the restrictions set forth in s. 322.142, the
580Department of Highway Safety and Motor Vehicles is authorized to
581release a reproduction of a color-photograph or digital-image
582license to the Department of Law Enforcement for purposes of
583public notification of sexual offenders as provided in this
584section and ss. 943.043 and 944.606.
585     (b)  A sexual offender who vacates a permanent or temporary
586residence and fails to establish or maintain another permanent
587or temporary residence shall, within 48 hours after vacating the
588permanent residence, report in person to the sheriff's office of
589the county in which he or she is located. The sexual offender
590shall specify the date upon which he or she intends to or did
591vacate such residence. The sexual offender must provide or
592update all of the registration information required under
593paragraph (2)(b). The sexual offender must provide an address
594for the residence or other place location that he or she is or
595will be located occupying during the time in which he or she
596fails to establish or maintain a permanent or temporary
597residence.
598     (c)  A sexual offender who remains at a permanent or
599temporary residence after reporting his or her intent to vacate
600such residence shall, within 48 hours after the date upon which
601the offender indicated he or she would or did vacate such
602residence, report in person to the agency to which he or she
603reported pursuant to paragraph (b) for the purpose of reporting
604his or her address at such residence. When the sheriff receives
605the report, the sheriff shall promptly convey the information to
606the department. An offender who makes a report as required under
607paragraph (b) but fails to make a report as required under this
608paragraph commits a felony of the second degree, punishable as
609provided in s. 775.082, s. 775.083, or s. 775.084.
610     (7)  A sexual offender who intends to establish a
611permanent, temporary, or transient residence in another state or
612jurisdiction other than the State of Florida shall report in
613person to the sheriff of the county of current residence within
61448 hours before the date he or she intends to leave this state
615to establish residence in another state or jurisdiction. The
616notification must include the address, municipality, county, and
617state of intended residence. The sheriff shall promptly provide
618to the department the information received from the sexual
619offender. The department shall notify the statewide law
620enforcement agency, or a comparable agency, in the intended
621state or jurisdiction of residence of the sexual offender's
622intended residence. The failure of a sexual offender to provide
623his or her intended place of residence is punishable as provided
624in subsection (9).
625     (8)  A sexual offender who indicates his or her intent to
626reside or establish a temporary or transient residence in
627another state or jurisdiction other than the State of Florida
628and later decides to remain in this state shall, within 48 hours
629after the date upon which the sexual offender indicated he or
630she would leave this state, report in person to the sheriff to
631which the sexual offender reported the intended change of
632temporary or transient residence, and report his or her intent
633to remain in this state. The sheriff shall promptly report this
634information to the department. A sexual offender who reports his
635or her intent to reside or establish a temporary or transient
636residence in another state or jurisdiction but who remains in
637this state without reporting to the sheriff in the manner
638required by this subsection commits a felony of the second
639degree, punishable as provided in s. 775.082, s. 775.083, or s.
640775.084.
641     (10)  The department, the Department of Highway Safety and
642Motor Vehicles, the Department of Corrections, the Department of
643Juvenile Justice, any law enforcement agency in this state, and
644the personnel of those departments; an elected or appointed
645official, public employee, or school administrator; or an
646employee, agency, or any individual or entity acting at the
647request or upon the direction of any law enforcement agency is
648immune from civil liability for damages for good faith
649compliance with the requirements of this section or for the
650release of information under this section, and shall be presumed
651to have acted in good faith in compiling, recording, reporting,
652or releasing the information. The presumption of good faith is
653not overcome if a technical or clerical error is made by the
654department, the Department of Highway Safety and Motor Vehicles,
655the Department of Corrections, the Department of Juvenile
656Justice, the personnel of those departments, or any individual
657or entity acting at the request or upon the direction of any of
658those departments in compiling or providing information, or if
659information is incomplete or incorrect because a sexual offender
660fails to report or falsely reports his or her current place of
661permanent, or temporary, or transient residence.
662     (14)
663     (c)  The sheriff's office may determine the appropriate
664times and days for reporting by the sexual offender, which shall
665be consistent with the reporting requirements of this
666subsection. Reregistration shall include any changes to the
667following information:
668     1.  Name; social security number; age; race; sex; date of
669birth; height; weight; hair and eye color; address of any
670permanent residence and address of any current temporary
671residence, within the state or out of state, including a rural
672route address and a post office box; if no permanent or
673temporary address, any transient residence within the state;
674address, location, or description and dates of any current or
675known future temporary residence within the state or out of
676state; any electronic mail address and any instant message name
677required to be provided pursuant to paragraph (4)(d); date and
678place of any employment; vehicle make, model, color, and license
679tag number; fingerprints; and photograph. A post office box
680shall not be provided in lieu of a physical residential address.
681     2.  If the sexual offender is enrolled, employed, or
682carrying on a vocation at an institution of higher education in
683this state, the sexual offender shall also provide to the
684department the name, address, and county of each institution,
685including each campus attended, and the sexual offender's
686enrollment or employment status.
687     3.  If the sexual offender's place of residence is a motor
688vehicle, trailer, mobile home, or manufactured home, as defined
689in chapter 320, the sexual offender shall also provide the
690vehicle identification number; the license tag number; the
691registration number; and a description, including color scheme,
692of the motor vehicle, trailer, mobile home, or manufactured
693home. If the sexual offender's place of residence is a vessel,
694live-aboard vessel, or houseboat, as defined in chapter 327, the
695sexual offender shall also provide the hull identification
696number; the manufacturer's serial number; the name of the
697vessel, live-aboard vessel, or houseboat; the registration
698number; and a description, including color scheme, of the
699vessel, live-aboard vessel or houseboat.
700     4.  Any sexual offender who fails to report in person as
701required at the sheriff's office, or who fails to respond to any
702address verification correspondence from the department within 3
703weeks of the date of the correspondence or who fails to report
704electronic mail addresses or instant message names, commits a
705felony of the third degree, punishable as provided in s.
706775.082, s. 775.083, or s. 775.084.
707     Section 4.  Section 943.04352, Florida Statutes, is amended
708to read:
709     943.04352  Search of registration information regarding
710sexual predators and sexual offenders required when placement on
711misdemeanor probation.--When the court places a defendant on
712misdemeanor probation pursuant to ss. 948.01 and 948.15, the
713public or private entity providing probation services must
714conduct a search of the probationer's name or other identifying
715information against the registration information regarding
716sexual predators and sexual offenders maintained by the
717Department of Law Enforcement under s. 943.043. The probation
718services provider may conduct the search using the Internet site
719maintained by the Department of Law Enforcement. Also, a
720national search must be conducted through the National Sex
721Offender Registry maintained by the United States Department of
722Justice.
723     Section 5.  Paragraph (a) of subsection (3) of section
724944.606, Florida Statutes, is amended to read:
725     944.606  Sexual offenders; notification upon release.--
726     (3)(a)  The department must provide information regarding
727any sexual offender who is being released after serving a period
728of incarceration for any offense, as follows:
729     1.  The department must provide: the sexual offender's
730name, any change in the offender's name by reason of marriage or
731other legal process, and any alias, if known; the correctional
732facility from which the sexual offender is released; the sexual
733offender's social security number, race, sex, date of birth,
734height, weight, and hair and eye color; address of any planned
735permanent residence or temporary residence, within the state or
736out of state, including a rural route address and a post office
737box; if no permanent or temporary address, any transient
738residence within the state; address, location, or description
739and dates of any known future temporary residence within the
740state or out of state; date and county of sentence and each
741crime for which the offender was sentenced; a copy of the
742offender's fingerprints and a digitized photograph taken within
74360 days before release; the date of release of the sexual
744offender; any electronic mail address and any instant message
745name required to be provided pursuant to s. 943.0435(4)(d); and
746the offender's intended residence address, if known. The
747department shall notify the Department of Law Enforcement if the
748sexual offender escapes, absconds, or dies. If the sexual
749offender is in the custody of a private correctional facility,
750the facility shall take the digitized photograph of the sexual
751offender within 60 days before the sexual offender's release and
752provide this photograph to the Department of Corrections and
753also place it in the sexual offender's file. If the sexual
754offender is in the custody of a local jail, the custodian of the
755local jail shall register the offender within 3 business days
756after intake of the offender for any reason and upon release,
757and shall notify the Department of Law Enforcement of the sexual
758offender's release and provide to the Department of Law
759Enforcement the information specified in this paragraph and any
760information specified in subparagraph 2. that the Department of
761Law Enforcement requests.
762     2.  The department may provide any other information deemed
763necessary, including criminal and corrections records,
764nonprivileged personnel and treatment records, when available.
765     Section 6.  Subsection (4), paragraph (b) of subsection
766(6), and paragraph (c) of subsection (13) of section 944.607,
767Florida Statutes, are amended to read:
768     944.607  Notification to Department of Law Enforcement of
769information on sexual offenders.--
770     (4)  A sexual offender, as described in this section, who
771is under the supervision of the Department of Corrections but is
772not incarcerated must register with the Department of
773Corrections within 3 business days after sentencing for a
774registrable registerable offense and otherwise provide
775information as required by this subsection.
776     (a)  The sexual offender shall provide his or her name;
777date of birth; social security number; race; sex; height;
778weight; hair and eye color; tattoos or other identifying marks;
779any electronic mail address and any instant message name
780required to be provided pursuant to s. 943.0435(4)(d); and
781permanent or legal residence and address of temporary residence
782within the state or out of state while the sexual offender is
783under supervision in this state, including any rural route
784address or post office box; if no permanent or temporary
785address, any transient residence within the state; address,
786location, or description and dates of any current or known
787future temporary residence within the state or out of state. The
788Department of Corrections shall verify the address of each
789sexual offender in the manner described in ss. 775.21 and
790943.0435. The department shall report to the Department of Law
791Enforcement any failure by a sexual predator or sexual offender
792to comply with registration requirements.
793     (b)  If the sexual offender is enrolled, employed, or
794carrying on a vocation at an institution of higher education in
795this state, the sexual offender shall provide the name, address,
796and county of each institution, including each campus attended,
797and the sexual offender's enrollment or employment status. Each
798change in enrollment or employment status shall be reported to
799the department within 48 hours after the change in status. The
800Department of Corrections shall promptly notify each institution
801of the sexual offender's presence and any change in the sexual
802offender's enrollment or employment status.
803     (6)  The information provided to the Department of Law
804Enforcement must include:
805     (b)  The sexual offender's most current address and place
806of permanent and temporary residence within the state or out of
807state or transient residence, and address, location, or
808description and dates of any current or known future temporary
809residence within the state or out of state, while the sexual
810offender is under supervision in this state, including the name
811of the county or municipality in which the offender permanently,
812or temporarily, or transiently resides, and address, location,
813or description and dates of any current or known future
814temporary residence within the state or out of state, and, if
815known, the intended place of permanent or temporary residence or
816transient residence, and address, location, or description and
817dates of any current or known future temporary residence within
818the state or out of state upon satisfaction of all sanctions;
819
820If any information provided by the department changes during the
821time the sexual offender is under the department's control,
822custody, or supervision, including any change in the offender's
823name by reason of marriage or other legal process, the
824department shall, in a timely manner, update the information and
825provide it to the Department of Law Enforcement in the manner
826prescribed in subsection (2).
827     (13)
828     (c)  The sheriff's office may determine the appropriate
829times and days for reporting by the sexual offender, which shall
830be consistent with the reporting requirements of this
831subsection. Reregistration shall include any changes to the
832following information:
833     1.  Name; social security number; age; race; sex; date of
834birth; height; weight; hair and eye color; address of any
835permanent residence and address of any current temporary
836residence, within the state or out of state, including a rural
837route address and a post office box; if no permanent or
838temporary address, any transient residence; address, location,
839or description and dates of any current or known future
840temporary residence both within the state and out of state; any
841electronic mail address and any instant message name required to
842be provided pursuant to s. 943.0435(4)(d); date and place of any
843employment; vehicle make, model, color, and license tag number;
844fingerprints; and photograph. A post office box shall not be
845provided in lieu of a physical residential address.
846     2.  If the sexual offender is enrolled, employed, or
847carrying on a vocation at an institution of higher education in
848this state, the sexual offender shall also provide to the
849department the name, address, and county of each institution,
850including each campus attended, and the sexual offender's
851enrollment or employment status.
852     3.  If the sexual offender's place of residence is a motor
853vehicle, trailer, mobile home, or manufactured home, as defined
854in chapter 320, the sexual offender shall also provide the
855vehicle identification number; the license tag number; the
856registration number; and a description, including color scheme,
857of the motor vehicle, trailer, mobile home, or manufactured
858home. If the sexual offender's place of residence is a vessel,
859live-aboard vessel, or houseboat, as defined in chapter 327, the
860sexual offender shall also provide the hull identification
861number; the manufacturer's serial number; the name of the
862vessel, live-aboard vessel, or houseboat; the registration
863number; and a description, including color scheme, of the
864vessel, live-aboard vessel or houseboat.
865     4.  Any sexual offender who fails to report in person as
866required at the sheriff's office, or who fails to respond to any
867address verification correspondence from the department within 3
868weeks of the date of the correspondence, or who fails to report
869electronic mail addresses or instant message names, commits a
870felony of the third degree, punishable as provided in s.
871775.082, s. 775.083, or s. 775.084.
872     Section 7.  Paragraph (b) of subsection (7) of section
873947.1405, Florida Statutes, is amended, and subsection (12) is
874added to that section, to read:
875     947.1405  Conditional release program.--
876     (7)
877     (b)  For a releasee whose crime was committed on or after
878October 1, 1997, in violation of chapter 794, s. 800.04, s.
879827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
880conditional release supervision, in addition to any other
881provision of this subsection, the commission shall impose the
882following additional conditions of conditional release
883supervision:
884     1.  As part of a treatment program, participation in a
885minimum of one annual polygraph examination to obtain
886information necessary for risk management and treatment and to
887reduce the sex offender's denial mechanisms. The polygraph
888examination must be conducted by a polygrapher trained
889specifically in the use of the polygraph for the monitoring of
890sex offenders who has been authorized by the department and
891approved by the commission, where available, and at the expense
892of the releasee sex offender. The results of the polygraph
893examination shall be provided to the releasee's probation
894officer and therapist and shall not be used as evidence in a
895hearing to prove that a violation of supervision has occurred.
896     2.  Maintenance of a driving log and a prohibition against
897driving a motor vehicle alone without the prior approval of the
898supervising officer.
899     3.  A prohibition against obtaining or using a post office
900box without the prior approval of the supervising officer.
901     4.  If there was sexual contact, a submission to, at the
902releasee's probationer's or community controllee's expense, an
903HIV test with the results to be released to the victim or the
904victim's parent or guardian.
905     5.  Electronic monitoring of any form when ordered by the
906commission.
907     (12)(a)  For a releasee whose crime was committed on or
908after July 1, 2009, the commission must, in addition to all
909other provisions of this section, impose the special conditions
910in paragraph (b) on the following releasees:
911     1.  A releasee whose crime was committed on or after July
9121, 2009, in violation of s. 800.04(4), (5), or (6); s. 827.071;
913or s. 847.0145 in this state or a similar offense in another
914jurisdiction when, at the time of the offense, the victim was
915under 16 years of age and the releasee was 18 years of age or
916older.
917     2.  A releasee who is designated as a sexual predator under
918s. 775.21 or who has received a similar designation or
919determination in another jurisdiction.
920     3.  A releasee subject to registration as a sexual predator
921under s. 775.21 or as a sexual offender under s. 943.0435 who
922has committed an offense that would meet the criteria for the
923designation or registration when at the time of the offense the
924victim was under 16 years of age and the releasee was 18 years
925of age or older, who commits a violation of s. 775.21 or s.
926943.0435 on or after July 1, 2009, and who is not otherwise
927subject to this paragraph.
928     (b)  The commission must order:
929     1.  A prohibition on visiting areas where children
930regularly congregate, including, but not limited to, schools,
931day care centers, parks, and playgrounds. The commission may
932also designate additional locations to protect a victim. The
933prohibition ordered under this subparagraph does not prohibit
934the releasee's attendance at religious services as defined in s.
935775.0861.
936     2.  A prohibition on participation in holiday events where
937children are present without prior approval from the commission,
938including, but not limited to, distributing candy or other items
939to children on Halloween, entertaining at children's parties, or
940wearing a costume to appeal to children. Such costumes include,
941but are not limited to, a Santa Claus costume, an Easter Bunny
942costume, or a clown costume.
943     Section 8.  Paragraph (a) of subsection (2) of section
944948.30, Florida Statutes, is amended, and subsection (4) is
945added to that section, to read:
946     948.30  Additional terms and conditions of probation or
947community control for certain sex offenses.--Conditions imposed
948pursuant to this section do not require oral pronouncement at
949the time of sentencing and shall be considered standard
950conditions of probation or community control for offenders
951specified in this section.
952     (2)  Effective for a probationer or community controllee
953whose crime was committed on or after October 1, 1997, and who
954is placed on community control or sex offender probation for a
955violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
956or s. 847.0145, in addition to any other provision of this
957section, the court must impose the following conditions of
958probation or community control:
959     (a)  As part of a treatment program, participation at least
960annually in polygraph examinations to obtain information
961necessary for risk management and treatment and to reduce the
962sex offender's denial mechanisms. A polygraph examination must
963be conducted by a polygrapher trained specifically in the use of
964the polygraph for the monitoring of sex offenders who has been
965authorized by the department and approved by the court, where
966available, and shall be paid for by the probationer or community
967controllee sex offender. The results of the polygraph
968examination shall be provided to the probationer's or community
969controllee's probation officer and therapist and shall not be
970used as evidence in court to prove that a violation of community
971supervision has occurred.
972     (4)(a)  The court must, in addition to all other provisions
973of this section, impose the special conditions in paragraph (b)
974on the following probationers or community controllees whose
975crime was committed on or after July 1, 2009:
976     1.  A probationer or community controllee who violated s.
977800.04(4), (5), or (6); s. 827.071; or s. 847.0145 in this state
978or committed a similar offense in another jurisdiction when, at
979the time of the offense, the victim was under 16 years of age
980and the probationer or community controllee was 18 years of age
981or older.
982     2.  A probationer or community controllee who is designated
983as a sexual predator under s. 775.21 or who has received a
984similar designation or determination in another jurisdiction.
985     3.  A probationer or community controllee subject to
986registration as a sexual predator under s. 775.21 or as a sexual
987offender pursuant to s. 943.0435 who has committed an offense
988that would meet the criteria for the designation or registration
989when at the time of the offense the victim was under 16 years of
990age and the probationer or community controllee was 18 years of
991age or older, who commits a violation of s. 775.21 or s.
992943.0435 on or after July 1, 2009, and who is not otherwise
993subject to this paragraph.
994     (b)  The court must order:
995     1.  A prohibition on visiting areas where children
996regularly congregate, including, but not limited to, schools,
997day care centers, parks, and playgrounds. The court may also
998designate additional locations to protect the victim. The
999prohibition ordered under this subparagraph does not prohibit
1000the probationer or community controllee's attendance at
1001religious services as defined in s. 775.0861.
1002     2.  A prohibition on participation in holiday events where
1003children are present without prior approval from the court,
1004including, but not limited to, distributing candy or other items
1005to children on Halloween, entertaining at children's parties, or
1006wearing a costume to appeal to children. Such costumes include,
1007but are not limited to, a Santa Claus costume, an Easter Bunny
1008costume, or a clown costume.
1009     Section 9.  Section 948.31, Florida Statutes, is amended to
1010read:
1011     948.31  Diagnosis, Evaluation, and treatment of sexual
1012predators and offenders placed on probation or community control
1013for certain sex offenses or child exploitation.--The court shall
1014require an a diagnosis and evaluation to determine the need of a
1015probationer or community controllee offender in community
1016control for treatment. If the court determines that a need
1017therefor is established by the such diagnosis and evaluation
1018process, the court shall require sexual offender treatment
1019outpatient counseling as a term or condition of probation or
1020community control for any person who meets the criteria to be
1021designated as a sexual predator under s. 775.21 or to be subject
1022to registration as a sexual offender under s. 943.0435. was
1023found guilty of any of the following, or whose plea of guilty or
1024nolo contendere to any of the following was accepted by the
1025court:
1026     (1)  Lewd or lascivious battery, lewd or lascivious
1027molestation, lewd or lascivious conduct, or lewd or lascivious
1028exhibition, as defined in s. 800.04 or s. 847.0135(5).
1029     (2)  Sexual battery, as defined in chapter 794, against a
1030child.
1031     (3)  Exploitation of a child as provided in s. 450.151, or
1032for prostitution.
1033
1034Such treatment counseling shall be required to be obtained from
1035a qualified practitioner specifically trained to treat sex
1036offenders. The court shall impose a restriction against contact
1037with minors if sexual offender treatment is recommended a
1038community mental health center, a recognized social service
1039agency providing mental health services, or a private mental
1040health professional or through other professional counseling.
1041The evaluation and recommendations plan for treatment of
1042counseling for the probationer or community controllee
1043individual shall be provided to the court for review.
1044     Section 10.  Paragraph (a) of subsection (3) of section
1045985.481, Florida Statutes, is amended to read:
1046     985.481  Sexual offenders adjudicated delinquent;
1047notification upon release.--
1048     (3)(a)  The department must provide information regarding
1049any sexual offender who is being released after serving a period
1050of residential commitment under the department for any offense,
1051as follows:
1052     1.  The department must provide the sexual offender's name,
1053any change in the offender's name by reason of marriage or other
1054legal process, and any alias, if known; the correctional
1055facility from which the sexual offender is released; the sexual
1056offender's social security number, race, sex, date of birth,
1057height, weight, and hair and eye color; address of any planned
1058permanent residence or temporary residence, within the state or
1059out of state, including a rural route address and a post office
1060box; if no permanent or temporary address, any transient
1061residence within the state; address, location, or description
1062and dates of any known future temporary residence within the
1063state or out of state; date and county of disposition and each
1064crime for which there was a disposition; a copy of the
1065offender's fingerprints and a digitized photograph taken within
106660 days before release; the date of release of the sexual
1067offender; and the offender's intended residence address, if
1068known. The department shall notify the Department of Law
1069Enforcement if the sexual offender escapes, absconds, or dies.
1070If the sexual offender is in the custody of a private
1071correctional facility, the facility shall take the digitized
1072photograph of the sexual offender within 60 days before the
1073sexual offender's release and also place it in the sexual
1074offender's file. If the sexual offender is in the custody of a
1075local jail, the custodian of the local jail shall register the
1076offender within 3 business days after intake of the offender for
1077any reason and upon release, and shall notify the Department of
1078Law Enforcement of the sexual offender's release and provide to
1079the Department of Law Enforcement the information specified in
1080this subparagraph and any information specified in subparagraph
10812. which the Department of Law Enforcement requests.
1082     2.  The department may provide any other information
1083considered necessary, including criminal and delinquency
1084records, when available.
1085     Section 11.  Paragraph (a) of subsection (4), paragraph (a)
1086of subsection (6), and paragraph (b) of subsection (13) of
1087section 985.4815, Florida Statutes, are amended to read:
1088     985.4815  Notification to Department of Law Enforcement of
1089information on juvenile sexual offenders.--
1090     (4)  A sexual offender, as described in this section, who
1091is under the supervision of the department but who is not
1092committed must register with the department within 3 business
1093days after adjudication and disposition for a registrable
1094offense and otherwise provide information as required by this
1095subsection.
1096     (a)  The sexual offender shall provide his or her name;
1097date of birth; social security number; race; sex; height;
1098weight; hair and eye color; tattoos or other identifying marks;
1099and permanent or legal residence and address of temporary
1100residence within the state or out of state while the sexual
1101offender is in the care or custody or under the jurisdiction or
1102supervision of the department in this state, including any rural
1103route address or post office box, if no permanent or temporary
1104address, any transient residence; address, location, or
1105description and dates of any current or known future temporary
1106residence within the state or out of state, and the name and
1107address of each school attended. The department shall verify the
1108address of each sexual offender and shall report to the
1109Department of Law Enforcement any failure by a sexual offender
1110to comply with registration requirements.
1111     (6)(a)  The information provided to the Department of Law
1112Enforcement must include the following:
1113     1.  The information obtained from the sexual offender under
1114subsection (4).
1115     2.  The sexual offender's most current address and place of
1116permanent or temporary residence within the state or out of
1117state or transient residence; and address, location, or
1118description and dates of any current or known future temporary
1119residence within the state or out of state while the sexual
1120offender is in the care or custody or under the jurisdiction or
1121supervision of the department in this state, including the name
1122of the county or municipality in which the offender permanently,
1123or temporarily, or transiently resides; and address, location,
1124or description and dates of any current or known future
1125temporary residence within the state or out of state; and, if
1126known, the intended place of permanent or temporary residence or
1127transient residence; and address, location, or description and
1128dates of any current or known future temporary residence within
1129the state or out of state upon satisfaction of all sanctions.
1130     3.  The legal status of the sexual offender and the
1131scheduled termination date of that legal status.
1132     4.  The location of, and local telephone number for, any
1133department office that is responsible for supervising the sexual
1134offender.
1135     5.  An indication of whether the victim of the offense that
1136resulted in the offender's status as a sexual offender was a
1137minor.
1138     6.  The offense or offenses at adjudication and disposition
1139that resulted in the determination of the offender's status as a
1140sex offender.
1141     7.  A digitized photograph of the sexual offender, which
1142must have been taken within 60 days before the offender was
1143released from the custody of the department or a private
1144correctional facility by expiration of sentence under s.
1145944.275, or within 60 days after the onset of the department's
1146supervision of any sexual offender who is on probation,
1147postcommitment probation, residential commitment, nonresidential
1148commitment, licensed child-caring commitment, community control,
1149conditional release, parole, provisional release, or control
1150release or who is supervised by the department under the
1151Interstate Compact Agreement for Probationers and Parolees. If
1152the sexual offender is in the custody of a private correctional
1153facility, the facility shall take a digitized photograph of the
1154sexual offender within the time period provided in this
1155subparagraph and shall provide the photograph to the department.
1156     (13)
1157     (b)  The sheriff's office may determine the appropriate
1158times and days for reporting by the sexual offender, which shall
1159be consistent with the reporting requirements of this
1160subsection. Reregistration shall include any changes to the
1161following information:
1162     1.  Name; social security number; age; race; sex; date of
1163birth; height; weight; hair and eye color; address of any
1164permanent residence and address of any current temporary
1165residence, within the state or out of state, including a rural
1166route address and a post office box; if no permanent or
1167temporary address, any transient residence; address, location,
1168or description and dates of any current or known future
1169temporary residence within the state or out of state; name and
1170address of each school attended; date and place of any
1171employment; vehicle make, model, color, and license tag number;
1172fingerprints; and photograph. A post office box shall not be
1173provided in lieu of a physical residential address.
1174     2.  If the sexual offender is enrolled, employed, or
1175carrying on a vocation at an institution of higher education in
1176this state, the sexual offender shall also provide to the
1177department the name, address, and county of each institution,
1178including each campus attended, and the sexual offender's
1179enrollment or employment status.
1180     3.  If the sexual offender's place of residence is a motor
1181vehicle, trailer, mobile home, or manufactured home, as defined
1182in chapter 320, the sexual offender shall also provide the
1183vehicle identification number; the license tag number; the
1184registration number; and a description, including color scheme,
1185of the motor vehicle, trailer, mobile home, or manufactured
1186home. If the sexual offender's place of residence is a vessel,
1187live-aboard vessel, or houseboat, as defined in chapter 327, the
1188sexual offender shall also provide the hull identification
1189number; the manufacturer's serial number; the name of the
1190vessel, live-aboard vessel, or houseboat; the registration
1191number; and a description, including color scheme, of the
1192vessel, live-aboard vessel, or houseboat.
1193     4.  Any sexual offender who fails to report in person as
1194required at the sheriff's office, or who fails to respond to any
1195address verification correspondence from the department within 3
1196weeks after the date of the correspondence, commits a felony of
1197the third degree, punishable as provided in ss. 775.082,
1198775.083, and 775.084.
1199     Section 12.  This act shall take effect July 1, 2009.


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