CS/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; prohibiting
6certain actions toward a child at a public park or
7playground by certain offenders; prohibiting the presence
8of certain offenders at a child care facility without
9notice and supervision; providing exceptions; providing
10penalties; amending s. 775.21, F.S.; revising and
11providing definitions; revising provisions relating to
12reporting requirements for sexual predators who are in a
13transient status; amending s. 943.0435, F.S.; revising
14provisions relating to residence reporting requirements
15for sexual offenders; amending s. 943.04352, F.S.;
16requiring that the probation services provider search in
17an additional specified sex offender registry for
18information regarding sexual predators and sexual
19offenders when an offender is placed on misdemeanor
20probation; amending s. 944.606, F.S.; revising address
21reporting requirements for sexual offenders; amending s.
22944.607, F.S.; requiring additional registration
23information from sex offenders who are under the
24supervision of the Department of Corrections but who are
25not incarcerated; amending s. 947.1405, F.S.; revising
26provisions relating to polygraph examinations of specified
27conditional releasees who have committed specified sexual
28offenses; providing additional restrictions for certain
29conditional releasees who have committed sexual offenses
30against minors under the age of 16 or who have been
31designated as sexual predators or received similar
32designations or determinations in another jurisdiction;
33amending s. 948.30, F.S.; revising provisions relating to
34polygraph examinations of specified probationers or
35community controllees who have committed specified sexual
36offenses; providing additional restrictions for certain
37probationers or community controllees who committed sexual
38offenses against minors under the age of 16 or who have
39been designated as sexual predators or received similar
40designations or determinations in another jurisdiction;
41amending s. 948.31, F.S.; deleting a requirement for
42diagnosis of certain sexual predators and sexual offenders
43on community control; revising provisions relating to
44treatment for such offenders and predators; amending s.
45985.481, F.S.; providing additional address reporting
46requirements for sexual offenders adjudicated delinquent;
47amending s. 985.4815, F.S.; revising provisions relating
48to address and residence reporting requirements for sexual
49offenders adjudicated delinquent; providing an effective
50date.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  Section 856.022, Florida Statutes, is created
55to read:
56     856.022  Loitering or prowling by certain offenders in
57close proximity to children; penalty.--
58     (1)  This section applies to an offender convicted of
59committing, or attempting, soliciting, or conspiring to commit,
60any of the criminal offenses proscribed in the following
61statutes in this state or similar offenses in another
62jurisdiction against a victim who was under the age of 18 at the
63time of the offense when the offender was 24 years of age or
64older: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the
65victim is a minor and the offender was not the victim's parent
66or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s.
67796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
68847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
69847.0138; s. 847.0145; s. 985.701(1); or any similar offense
70committed in this state which has been redesignated from a
71former statute number to one of those listed in this subsection,
72if the offender has not received a pardon for any felony or
73similar law of another jurisdiction necessary for the operation
74of this subsection and a conviction of a felony or similar law
75of another jurisdiction necessary for the operation of this
76subsection has not been set aside in any postconviction
77proceeding.
78     (2)  An offender described in subsection (1) commits
79loitering and prowling by a person convicted of a sexual offense
80against a minor if, in committing loitering and prowling, he or
81she was within 300 feet of a place where children regularly
82congregate, including, but not limited to, a school, day care
83center, playground, or park.
84     (3)  It is unlawful for an offender described in subsection
85(1) to:
86     (a)  Knowingly approach, contact, or communicate with a
87child under 18 years of age in any public park building or on
88real property comprising any public park or playground with
89intent to engage in conduct of a sexual nature, or to make a
90communication of any type containing any content of a sexual
91nature. This paragraph applies only to an offender described in
92subsection (1) whose offense was committed on or after July 1,
932009.
94     (b)1.  Knowingly be present in any child care facility or
95pre-K through 12 school or on real property comprising any child
96care facility or pre-K through 12 school when the child care
97facility or school is in operation unless the offender has
98provided written notification of his or her intent to be present
99to the school board, superintendent, principal, or child care
100facility owner.
101     2.  Fail to notify the child care facility owner or the
102principal's office when he or she arrives and departs the child
103care facility or school.
104     3.  Fail to remain under direct supervision of a school
105official or designated chaperone when present in the vicinity of
106children. As used in this subparagraph, the term "school
107official" means a principal, school resource officer, teacher or
108any other employee of the school, the superintendent of schools,
109a member of the school board, a child care facility owner, or a
110child care provider.
111     (4)  The offender is not in violation of subsection (3) if:
112     (a)  The child care facility or school is a voting location
113and the offender is present for the purpose of voting during the
114hours designated for voting; or
115     (b)  The offender is only dropping off or picking up his or
116her own children or grandchildren at the child care facility or
117school.
118     (5)  Any person who violates this section commits a
119misdemeanor of the first degree, punishable as provided in s.
120775.082 or s. 775.083.
121     Section 2.  Paragraph (g) of subsection (2), paragraphs (a)
122and (c) of subsection (4), paragraph (a) of subsection (5),
123paragraphs (a), (f), (g), (i), and (j) of subsection (6),
124paragraph (a) of subsection (7), and paragraph (a) of subsection
125(8) of section 775.21, Florida Statutes, are amended, and
126paragraph (l) is added to subsection (2) of that section, to
127read:
128     775.21  The Florida Sexual Predators Act.--
129     (2)  DEFINITIONS.--As used in this section, the term:
130     (g)  "Temporary residence" means a place where the person
131abides, lodges, or resides, including, but not limited to,
132vacation, business, or personal travel destinations in or out of
133this state, for a period of 5 or more days in the aggregate
134during any calendar year and which is not the person's permanent
135address or, for a person whose permanent residence is not in
136this state, a place where the person is employed, practices a
137vocation, or is enrolled as a student for any period of time in
138this state.
139     (l)  "Transient residence" means a place or county where a
140person lives, remains, or is located for a period of 5 or more
141days in the aggregate during a calendar year and which is not
142the person's permanent or temporary address. The term includes,
143but is not limited to, a place where the person sleeps or seeks
144shelter and a location that has no specific street address.
145     (4)  SEXUAL PREDATOR CRITERIA.--
146     (a)  For a current offense committed on or after October 1,
1471993, upon conviction, an offender shall be designated as a
148"sexual predator" under subsection (5), and subject to
149registration under subsection (6) and community and public
150notification under subsection (7) if:
151     1.  The felony is:
152     a.  A capital, life, or first-degree felony violation, or
153any attempt thereof, of s. 787.01 or s. 787.02, where the victim
154is a minor and the defendant is not the victim's parent or
155guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
156violation of a similar law of another jurisdiction; or
157     b.  Any felony violation, or any attempt thereof, of s.
158787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
159minor and the defendant is not the victim's parent or guardian;
160s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
161796.035; s. 800.04; s. 825.1025(2)(b); s. 827.071; s.
162847.0135(5); s. 847.0145; or s. 985.701(1); or a violation of a
163similar law of another jurisdiction, and the offender has
164previously been convicted of or found to have committed, or has
165pled nolo contendere or guilty to, regardless of adjudication,
166any violation of s. 787.01, s. 787.02, or s. 787.025(2)(c),
167where the victim is a minor and the defendant is not the
168victim's parent or guardian; s. 794.011, excluding s.
169794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
170825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
171847.0135(6)(4); s. 847.0145; or s. 985.701(1); or a violation of
172a similar law of another jurisdiction;
173     2.  The offender has not received a pardon for any felony
174or similar law of another jurisdiction that is necessary for the
175operation of this paragraph; and
176     3.  A conviction of a felony or similar law of another
177jurisdiction necessary to the operation of this paragraph has
178not been set aside in any postconviction proceeding.
179     (c)  If an offender has been registered as a sexual
180predator by the Department of Corrections, the department, or
181any other law enforcement agency and if:
182     1.  The court did not, for whatever reason, make a written
183finding at the time of sentencing that the offender was a sexual
184predator; or
185     2.  The offender was administratively registered as a
186sexual predator because the Department of Corrections, the
187department, or any other law enforcement agency obtained
188information that indicated that the offender met the criteria
189for designation as a sexual predator based on a violation of a
190similar law in another jurisdiction,
191
192the department shall remove that offender from the department's
193list of sexual predators and, for an offender described under
194subparagraph 1., shall notify the state attorney who prosecuted
195the offense that met the criteria for administrative designation
196as a sexual predator, and, for an offender described under this
197paragraph, shall notify the state attorney of the county where
198the offender establishes or maintains a permanent, or temporary,
199or transient residence. The state attorney shall bring the
200matter to the court's attention in order to establish that the
201offender meets the criteria for designation as a sexual
202predator. If the court makes a written finding that the offender
203is a sexual predator, the offender must be designated as a
204sexual predator, must register or be registered as a sexual
205predator with the department as provided in subsection (6), and
206is subject to the community and public notification as provided
207in subsection (7). If the court does not make a written finding
208that the offender is a sexual predator, the offender may not be
209designated as a sexual predator with respect to that offense and
210is not required to register or be registered as a sexual
211predator with the department.
212     (5)  SEXUAL PREDATOR DESIGNATION.--An offender is
213designated as a sexual predator as follows:
214     (a)1.  An offender who meets the sexual predator criteria
215described in paragraph (4)(d) is a sexual predator, and the
216court shall make a written finding at the time such offender is
217determined to be a sexually violent predator under chapter 394
218that such person meets the criteria for designation as a sexual
219predator for purposes of this section. The clerk shall transmit
220a copy of the order containing the written finding to the
221department within 48 hours after the entry of the order;
222     2.  An offender who meets the sexual predator criteria
223described in paragraph (4)(a) who is before the court for
224sentencing for a current offense committed on or after October
2251, 1993, is a sexual predator, and the sentencing court must
226make a written finding at the time of sentencing that the
227offender is a sexual predator, and the clerk of the court shall
228transmit a copy of the order containing the written finding to
229the department within 48 hours after the entry of the order; or
230     3.  If the Department of Corrections, the department, or
231any other law enforcement agency obtains information which
232indicates that an offender who establishes or maintains a
233permanent, or temporary, or transient residence in this state
234meets the sexual predator criteria described in paragraph (4)(a)
235or paragraph (4)(d) because the offender was civilly committed
236or committed a similar violation in another jurisdiction on or
237after October 1, 1993, the Department of Corrections, the
238department, or the law enforcement agency shall notify the state
239attorney of the county where the offender establishes or
240maintains a permanent, or temporary, or transient residence of
241the offender's presence in the community. The state attorney
242shall file a petition with the criminal division of the circuit
243court for the purpose of holding a hearing to determine if the
244offender's criminal record or record of civil commitment from
245another jurisdiction meets the sexual predator criteria. If the
246court finds that the offender meets the sexual predator criteria
247because the offender has violated a similar law or similar laws
248in another jurisdiction, the court shall make a written finding
249that the offender is a sexual predator.
250
251When the court makes a written finding that an offender is a
252sexual predator, the court shall inform the sexual predator of
253the registration and community and public notification
254requirements described in this section. Within 48 hours after
255the court designating an offender as a sexual predator, the
256clerk of the circuit court shall transmit a copy of the court's
257written sexual predator finding to the department. If the
258offender is sentenced to a term of imprisonment or supervision,
259a copy of the court's written sexual predator finding must be
260submitted to the Department of Corrections.
261     (6)  REGISTRATION.--
262     (a)  A sexual predator must register with the department
263through the sheriff's office by providing the following
264information to the department:
265     1.  Name, social security number, age, race, sex, date of
266birth, height, weight, hair and eye color, photograph, address
267of legal residence and address of any current temporary
268residence, within the state or out of state, including a rural
269route address and a post office box, if no permanent or
270temporary address, any transient residence within the state,
271address, location or description, and dates of any current or
272known future temporary residence within the state or out of
273state, any electronic mail address and any instant message name
274required to be provided pursuant to subparagraph (g)4., date and
275place of any employment, date and place of each conviction,
276fingerprints, and a brief description of the crime or crimes
277committed by the offender. A post office box shall not be
278provided in lieu of a physical residential address.
279     a.  If the sexual predator's place of residence is a motor
280vehicle, trailer, mobile home, or manufactured home, as defined
281in chapter 320, the sexual predator shall also provide to the
282department written notice of the vehicle identification number;
283the license tag number; the registration number; and a
284description, including color scheme, of the motor vehicle,
285trailer, mobile home, or manufactured home. If a sexual
286predator's place of residence is a vessel, live-aboard vessel,
287or houseboat, as defined in chapter 327, the sexual predator
288shall also provide to the department written notice of the hull
289identification number; the manufacturer's serial number; the
290name of the vessel, live-aboard vessel, or houseboat; the
291registration number; and a description, including color scheme,
292of the vessel, live-aboard vessel, or houseboat.
293     b.  If the sexual predator is enrolled, employed, or
294carrying on a vocation at an institution of higher education in
295this state, the sexual predator shall also provide to the
296department the name, address, and county of each institution,
297including each campus attended, and the sexual predator's
298enrollment or employment status. Each change in enrollment or
299employment status shall be reported in person at the sheriff's
300office, or the Department of Corrections if the sexual predator
301is in the custody or control of or under the supervision of the
302Department of Corrections, within 48 hours after any change in
303status. The sheriff or the Department of Corrections shall
304promptly notify each institution of the sexual predator's
305presence and any change in the sexual predator's enrollment or
306employment status.
307     2.  Any other information determined necessary by the
308department, including criminal and corrections records;
309nonprivileged personnel and treatment records; and evidentiary
310genetic markers when available.
311     (f)  Within 48 hours after the registration required under
312paragraph (a) or paragraph (e), a sexual predator who is not
313incarcerated and who resides in the community, including a
314sexual predator under the supervision of the Department of
315Corrections, shall register in person at a driver's license
316office of the Department of Highway Safety and Motor Vehicles
317and shall present proof of registration. At the driver's license
318office the sexual predator shall:
319     1.  If otherwise qualified, secure a Florida driver's
320license, renew a Florida driver's license, or secure an
321identification card. The sexual predator shall identify himself
322or herself as a sexual predator who is required to comply with
323this section, provide his or her place of permanent, or
324temporary, or transient residence, including a rural route
325address and a post office box, and submit to the taking of a
326photograph for use in issuing a driver's license, renewed
327license, or identification card, and for use by the department
328in maintaining current records of sexual predators. A post
329office box shall not be provided in lieu of a physical
330residential address. If the sexual predator's place of residence
331is a motor vehicle, trailer, mobile home, or manufactured home,
332as defined in chapter 320, the sexual predator shall also
333provide to the Department of Highway Safety and Motor Vehicles
334the vehicle identification number; the license tag number; the
335registration number; and a description, including color scheme,
336of the motor vehicle, trailer, mobile home, or manufactured
337home. If a sexual predator's place of residence is a vessel,
338live-aboard vessel, or houseboat, as defined in chapter 327, the
339sexual predator shall also provide to the Department of Highway
340Safety and Motor Vehicles the hull identification number; the
341manufacturer's serial number; the name of the vessel, live-
342aboard vessel, or houseboat; the registration number; and a
343description, including color scheme, of the vessel, live-aboard
344vessel, or houseboat.
345     2.  Pay the costs assessed by the Department of Highway
346Safety and Motor Vehicles for issuing or renewing a driver's
347license or identification card as required by this section. The
348driver's license or identification card issued to the sexual
349predator must be in compliance with s. 322.141(3).
350     3.  Provide, upon request, any additional information
351necessary to confirm the identity of the sexual predator,
352including a set of fingerprints.
353     (g)1.  Each time a sexual predator's driver's license or
354identification card is subject to renewal, and, without regard
355to the status of the predator's driver's license or
356identification card, within 48 hours after any change of the
357predator's residence or change in the predator's name by reason
358of marriage or other legal process, the predator shall report in
359person to a driver's license office and shall be subject to the
360requirements specified in paragraph (f). The Department of
361Highway Safety and Motor Vehicles shall forward to the
362department and to the Department of Corrections all photographs
363and information provided by sexual predators. Notwithstanding
364the restrictions set forth in s. 322.142, the Department of
365Highway Safety and Motor Vehicles is authorized to release a
366reproduction of a color-photograph or digital-image license to
367the Department of Law Enforcement for purposes of public
368notification of sexual predators as provided in this section.
369     2.  A sexual predator who vacates a permanent, temporary,
370or transient residence and fails to establish or maintain
371another permanent or temporary residence shall, within 48 hours
372after vacating the permanent, temporary, or transient residence,
373report in person to the sheriff's office of the county in which
374he or she is located. The sexual predator shall specify the date
375upon which he or she intends to or did vacate such residence.
376The sexual predator must provide or update all of the
377registration information required under paragraph (a). The
378sexual predator must provide an address for the residence or
379other place location that he or she is or will be located
380occupying during the time in which he or she fails to establish
381or maintain a permanent or temporary residence.
382     3.  A sexual predator who remains at a permanent,
383temporary, or transient residence after reporting his or her
384intent to vacate such residence shall, within 48 hours after the
385date upon which the predator indicated he or she would or did
386vacate such residence, report in person to the sheriff's office
387to which he or she reported pursuant to subparagraph 2. for the
388purpose of reporting his or her address at such residence. When
389the sheriff receives the report, the sheriff shall promptly
390convey the information to the department. An offender who makes
391a report as required under subparagraph 2. but fails to make a
392report as required under this subparagraph commits a felony of
393the second degree, punishable as provided in s. 775.082, s.
394775.083, or s. 775.084.
395     4.  A sexual predator must register any electronic mail
396address or instant message name with the department prior to
397using such electronic mail address or instant message name on or
398after October 1, 2007. The department shall establish an online
399system through which sexual predators may securely access and
400update all electronic mail address and instant message name
401information.
402     (i)  A sexual predator who intends to establish a
403permanent, temporary, or transient residence in another state or
404jurisdiction other than the State of Florida shall report in
405person to the sheriff of the county of current residence within
40648 hours before the date he or she intends to leave this state
407to establish residence in another state or jurisdiction. The
408sexual predator must provide to the sheriff the address,
409municipality, county, and state of intended residence. The
410sheriff shall promptly provide to the department the information
411received from the sexual predator. The department shall notify
412the statewide law enforcement agency, or a comparable agency, in
413the intended state or jurisdiction of residence of the sexual
414predator's intended residence. The failure of a sexual predator
415to provide his or her intended place of residence is punishable
416as provided in subsection (10).
417     (j)  A sexual predator who indicates his or her intent to
418establish a permanent, temporary, or transient residence reside
419in another state or jurisdiction other than the State of Florida
420and later decides to remain in this state shall, within 48 hours
421after the date upon which the sexual predator indicated he or
422she would leave this state, report in person to the sheriff to
423which the sexual predator reported the intended change of
424residence, and report his or her intent to remain in this state.
425If the sheriff is notified by the sexual predator that he or she
426intends to remain in this state, the sheriff shall promptly
427report this information to the department. A sexual predator who
428reports his or her intent to establish a permanent, temporary,
429or transient residence reside in another state or jurisdiction,
430but who remains in this state without reporting to the sheriff
431in the manner required by this paragraph, commits a felony of
432the second degree, punishable as provided in s. 775.082, s.
433775.083, or s. 775.084.
434     (7)  COMMUNITY AND PUBLIC NOTIFICATION.--
435     (a)  Law enforcement agencies must inform members of the
436community and the public of a sexual predator's presence. Upon
437notification of the presence of a sexual predator, the sheriff
438of the county or the chief of police of the municipality where
439the sexual predator establishes or maintains a permanent or
440temporary residence shall notify members of the community and
441the public of the presence of the sexual predator in a manner
442deemed appropriate by the sheriff or the chief of police. Within
44348 hours after receiving notification of the presence of a
444sexual predator, the sheriff of the county or the chief of
445police of the municipality where the sexual predator temporarily
446or permanently resides shall notify each licensed day care
447center, elementary school, middle school, and high school within
448a 1-mile radius of the temporary or permanent residence of the
449sexual predator of the presence of the sexual predator.
450Information provided to members of the community and the public
451regarding a sexual predator must include:
452     1.  The name of the sexual predator;
453     2.  A description of the sexual predator, including a
454photograph;
455     3.  The sexual predator's current permanent, temporary, and
456transient addresses, and descriptions of registered locations
457that have no specific street address, including the name of the
458county or municipality if known;
459     4.  The circumstances of the sexual predator's offense or
460offenses; and
461     5.  Whether the victim of the sexual predator's offense or
462offenses was, at the time of the offense, a minor or an adult.
463
464This paragraph does not authorize the release of the name of any
465victim of the sexual predator.
466     (8)  VERIFICATION.--The department and the Department of
467Corrections shall implement a system for verifying the addresses
468of sexual predators. The system must be consistent with the
469provisions of the federal Adam Walsh Child Protection and Safety
470Act of 2006 and any other federal standards applicable to such
471verification or required to be met as a condition for the
472receipt of federal funds by the state. The Department of
473Corrections shall verify the addresses of sexual predators who
474are not incarcerated but who reside in the community under the
475supervision of the Department of Corrections and shall report to
476the department any failure by a sexual predator to comply with
477registration requirements. County and local law enforcement
478agencies, in conjunction with the department, shall verify the
479addresses of sexual predators who are not under the care,
480custody, control, or supervision of the Department of
481Corrections. Local law enforcement agencies shall report to the
482department any failure by a sexual predator to comply with
483registration requirements.
484     (a)  A sexual predator must report in person each year
485during the month of the sexual predator's birthday and during
486every third month thereafter to the sheriff's office in the
487county in which he or she resides or is otherwise located to
488reregister. The sheriff's office may determine the appropriate
489times and days for reporting by the sexual predator, which shall
490be consistent with the reporting requirements of this paragraph.
491Reregistration shall include any changes to the following
492information:
493     1.  Name; social security number; age; race; sex; date of
494birth; height; weight; hair and eye color; address of any
495permanent residence and address of any current temporary
496residence, within the state or out of state, including a rural
497route address and a post office box; if no permanent or
498temporary address, any transient residence within the state;
499address, location or description, and dates of any current or
500known future temporary residence within the state or out of
501state; any electronic mail address and any instant message name
502required to be provided pursuant to subparagraph (6)(g)4.; date
503and place of any employment; vehicle make, model, color, and
504license tag number; fingerprints; and photograph. A post office
505box shall not be provided in lieu of a physical residential
506address.
507     2.  If the sexual predator is enrolled, employed, or
508carrying on a vocation at an institution of higher education in
509this state, the sexual predator shall also provide to the
510department the name, address, and county of each institution,
511including each campus attended, and the sexual predator's
512enrollment or employment status.
513     3.  If the sexual predator's place of residence is a motor
514vehicle, trailer, mobile home, or manufactured home, as defined
515in chapter 320, the sexual predator shall also provide the
516vehicle identification number; the license tag number; the
517registration number; and a description, including color scheme,
518of the motor vehicle, trailer, mobile home, or manufactured
519home. If the sexual predator's place of residence is a vessel,
520live-aboard vessel, or houseboat, as defined in chapter 327, the
521sexual predator shall also provide the hull identification
522number; the manufacturer's serial number; the name of the
523vessel, live-aboard vessel, or houseboat; the registration
524number; and a description, including color scheme, of the
525vessel, live-aboard vessel, or houseboat.
526     Section 3.  Paragraph (c) of subsection (1), subsection
527(2), paragraphs (a), (b), and (c) of subsection (4), subsections
528(7), (8), and (10), and paragraph (c) of subsection (14) of
529section 943.0435, Florida Statutes, are amended to read:
530     943.0435  Sexual offenders required to register with the
531department; penalty.--
532     (1)  As used in this section, the term:
533     (c)  "Permanent residence," and "temporary residence," and
534"transient residence" have the same meaning ascribed in s.
535775.21.
536     (2)  A sexual offender shall:
537     (a)  Report in person at the sheriff's office:
538     1.  In the county in which the offender establishes or
539maintains a permanent, or temporary, or transient residence
540within 48 hours after:
541     a.  Establishing permanent, or temporary, or transient
542residence in this state ; or
543     b.  Being released from the custody, control, or
544supervision of the Department of Corrections or from the custody
545of a private correctional facility; or
546     2.  In the county where he or she was convicted within 48
547hours after being convicted for a qualifying offense for
548registration under this section if the offender is not in the
549custody or control of, or under the supervision of, the
550Department of Corrections, or is not in the custody of a private
551correctional facility.
552
553Any change in the information required to be provided pursuant
554to paragraph (b), including, but not limited to, any change in
555the sexual offender's permanent, or temporary, or transient
556residence, name, any electronic mail address, and any instant
557message name required to be provided pursuant to paragraph
558(4)(d), after the sexual offender reports in person at the
559sheriff's office, shall be accomplished in the manner provided
560in subsections (4), (7), and (8).
561     (b)  Provide his or her name, date of birth, social
562security number, race, sex, height, weight, hair and eye color,
563tattoos or other identifying marks, occupation and place of
564employment, address of permanent or legal residence or address
565of any current temporary residence, within the state and out of
566state, including a rural route address and a post office box, if
567no permanent or temporary address, any transient residence
568within the state, address, location or description, and dates of
569any current or known future temporary residence within the state
570or out of state, any electronic mail address and any instant
571message name required to be provided pursuant to paragraph
572(4)(d), date and place of each conviction, and a brief
573description of the crime or crimes committed by the offender. A
574post office box shall not be provided in lieu of a physical
575residential address.
576     1.  If the sexual offender's place of residence is a motor
577vehicle, trailer, mobile home, or manufactured home, as defined
578in chapter 320, the sexual offender shall also provide to the
579department through the sheriff's office written notice of the
580vehicle identification number; the license tag number; the
581registration number; and a description, including color scheme,
582of the motor vehicle, trailer, mobile home, or manufactured
583home. If the sexual offender's place of residence is a vessel,
584live-aboard vessel, or houseboat, as defined in chapter 327, the
585sexual offender shall also provide to the department written
586notice of the hull identification number; the manufacturer's
587serial number; the name of the vessel, live-aboard vessel, or
588houseboat; the registration number; and a description, including
589color scheme, of the vessel, live-aboard vessel, or houseboat.
590     2.  If the sexual offender is enrolled, employed, or
591carrying on a vocation at an institution of higher education in
592this state, the sexual offender shall also provide to the
593department through the sheriff's office the name, address, and
594county of each institution, including each campus attended, and
595the sexual offender's enrollment or employment status. Each
596change in enrollment or employment status shall be reported in
597person at the sheriff's office, within 48 hours after any change
598in status. The sheriff shall promptly notify each institution of
599the sexual offender's presence and any change in the sexual
600offender's enrollment or employment status.
601
602When a sexual offender reports at the sheriff's office, the
603sheriff shall take a photograph and a set of fingerprints of the
604offender and forward the photographs and fingerprints to the
605department, along with the information provided by the sexual
606offender. The sheriff shall promptly provide to the department
607the information received from the sexual offender.
608     (4)(a)  Each time a sexual offender's driver's license or
609identification card is subject to renewal, and, without regard
610to the status of the offender's driver's license or
611identification card, within 48 hours after any change in the
612offender's permanent, or temporary, or transient residence or
613change in the offender's name by reason of marriage or other
614legal process, the offender shall report in person to a driver's
615license office, and shall be subject to the requirements
616specified in subsection (3). The Department of Highway Safety
617and Motor Vehicles shall forward to the department all
618photographs and information provided by sexual offenders.
619Notwithstanding the restrictions set forth in s. 322.142, the
620Department of Highway Safety and Motor Vehicles is authorized to
621release a reproduction of a color-photograph or digital-image
622license to the Department of Law Enforcement for purposes of
623public notification of sexual offenders as provided in this
624section and ss. 943.043 and 944.606.
625     (b)  A sexual offender who vacates a permanent, temporary,
626or transient residence and fails to establish or maintain
627another permanent or temporary residence shall, within 48 hours
628after vacating the permanent, temporary, or transient residence,
629report in person to the sheriff's office of the county in which
630he or she is located. The sexual offender shall specify the date
631upon which he or she intends to or did vacate such residence.
632The sexual offender must provide or update all of the
633registration information required under paragraph (2)(b). The
634sexual offender must provide an address for the residence or
635other place location that he or she is or will be located
636occupying during the time in which he or she fails to establish
637or maintain a permanent or temporary residence.
638     (c)  A sexual offender who remains at a permanent,
639temporary, or transient residence after reporting his or her
640intent to vacate such residence shall, within 48 hours after the
641date upon which the offender indicated he or she would or did
642vacate such residence, report in person to the agency to which
643he or she reported pursuant to paragraph (b) for the purpose of
644reporting his or her address at such residence. When the sheriff
645receives the report, the sheriff shall promptly convey the
646information to the department. An offender who makes a report as
647required under paragraph (b) but fails to make a report as
648required under this paragraph commits a felony of the second
649degree, punishable as provided in s. 775.082, s. 775.083, or s.
650775.084.
651     (7)  A sexual offender who intends to establish a
652permanent, temporary, or transient residence in another state or
653jurisdiction other than the State of Florida shall report in
654person to the sheriff of the county of current residence within
65548 hours before the date he or she intends to leave this state
656to establish residence in another state or jurisdiction. The
657notification must include the address, municipality, county, and
658state of intended residence. The sheriff shall promptly provide
659to the department the information received from the sexual
660offender. The department shall notify the statewide law
661enforcement agency, or a comparable agency, in the intended
662state or jurisdiction of residence of the sexual offender's
663intended residence. The failure of a sexual offender to provide
664his or her intended place of residence is punishable as provided
665in subsection (9).
666     (8)  A sexual offender who indicates his or her intent to
667establish a permanent, temporary, or transient residence reside
668in another state or jurisdiction other than the State of Florida
669and later decides to remain in this state shall, within 48 hours
670after the date upon which the sexual offender indicated he or
671she would leave this state, report in person to the sheriff to
672which the sexual offender reported the intended change of
673permanent, temporary, or transient residence, and report his or
674her intent to remain in this state. The sheriff shall promptly
675report this information to the department. A sexual offender who
676reports his or her intent to establish a permanent, temporary,
677or transient residence reside in another state or jurisdiction
678but who remains in this state without reporting to the sheriff
679in the manner required by this subsection commits a felony of
680the second degree, punishable as provided in s. 775.082, s.
681775.083, or s. 775.084.
682     (10)  The department, the Department of Highway Safety and
683Motor Vehicles, the Department of Corrections, the Department of
684Juvenile Justice, any law enforcement agency in this state, and
685the personnel of those departments; an elected or appointed
686official, public employee, or school administrator; or an
687employee, agency, or any individual or entity acting at the
688request or upon the direction of any law enforcement agency is
689immune from civil liability for damages for good faith
690compliance with the requirements of this section or for the
691release of information under this section, and shall be presumed
692to have acted in good faith in compiling, recording, reporting,
693or releasing the information. The presumption of good faith is
694not overcome if a technical or clerical error is made by the
695department, the Department of Highway Safety and Motor Vehicles,
696the Department of Corrections, the Department of Juvenile
697Justice, the personnel of those departments, or any individual
698or entity acting at the request or upon the direction of any of
699those departments in compiling or providing information, or if
700information is incomplete or incorrect because a sexual offender
701fails to report or falsely reports his or her current place of
702permanent, or temporary, or transient residence.
703     (14)
704     (c)  The sheriff's office may determine the appropriate
705times and days for reporting by the sexual offender, which shall
706be consistent with the reporting requirements of this
707subsection. Reregistration shall include any changes to the
708following information:
709     1.  Name; social security number; age; race; sex; date of
710birth; height; weight; hair and eye color; address of any
711permanent residence and address of any current temporary
712residence, within the state or out of state, including a rural
713route address and a post office box; if no permanent or
714temporary address, any transient residence within the state;
715address, location or description, and dates of any current or
716known future temporary residence within the state or out of
717state; any electronic mail address and any instant message name
718required to be provided pursuant to paragraph (4)(d); date and
719place of any employment; vehicle make, model, color, and license
720tag number; fingerprints; and photograph. A post office box
721shall not be provided in lieu of a physical residential address.
722     2.  If the sexual offender is enrolled, employed, or
723carrying on a vocation at an institution of higher education in
724this state, the sexual offender shall also provide to the
725department the name, address, and county of each institution,
726including each campus attended, and the sexual offender's
727enrollment or employment status.
728     3.  If the sexual offender's place of residence is a motor
729vehicle, trailer, mobile home, or manufactured home, as defined
730in chapter 320, the sexual offender shall also provide the
731vehicle identification number; the license tag number; the
732registration number; and a description, including color scheme,
733of the motor vehicle, trailer, mobile home, or manufactured
734home. If the sexual offender's place of residence is a vessel,
735live-aboard vessel, or houseboat, as defined in chapter 327, the
736sexual offender shall also provide the hull identification
737number; the manufacturer's serial number; the name of the
738vessel, live-aboard vessel, or houseboat; the registration
739number; and a description, including color scheme, of the
740vessel, live-aboard vessel or houseboat.
741     4.  Any sexual offender who fails to report in person as
742required at the sheriff's office, or who fails to respond to any
743address verification correspondence from the department within 3
744weeks of the date of the correspondence or who fails to report
745electronic mail addresses or instant message names, commits a
746felony of the third degree, punishable as provided in s.
747775.082, s. 775.083, or s. 775.084.
748     Section 4.  Section 943.04352, Florida Statutes, is amended
749to read:
750     943.04352  Search of registration information regarding
751sexual predators and sexual offenders required when placement on
752misdemeanor probation.--When the court places a defendant on
753misdemeanor probation pursuant to ss. 948.01 and 948.15, the
754public or private entity providing probation services must
755conduct a search of the probationer's name or other identifying
756information against the registration information regarding
757sexual predators and sexual offenders maintained by the
758Department of Law Enforcement under s. 943.043. The probation
759services provider may conduct the search using the Internet site
760maintained by the Department of Law Enforcement. Also, a
761national search must be conducted through the Dru Sjodin
762National Sex Offender Public Website maintained by the United
763States Department of Justice.
764     Section 5.  Paragraph (a) of subsection (3) of section
765944.606, Florida Statutes, is amended to read:
766     944.606  Sexual offenders; notification upon release.--
767     (3)(a)  The department must provide information regarding
768any sexual offender who is being released after serving a period
769of incarceration for any offense, as follows:
770     1.  The department must provide: the sexual offender's
771name, any change in the offender's name by reason of marriage or
772other legal process, and any alias, if known; the correctional
773facility from which the sexual offender is released; the sexual
774offender's social security number, race, sex, date of birth,
775height, weight, and hair and eye color; address of any planned
776permanent residence or temporary residence, within the state or
777out of state, including a rural route address and a post office
778box; if no permanent or temporary address, any transient
779residence within the state; address, location or description,
780and dates of any known future temporary residence within the
781state or out of state; date and county of sentence and each
782crime for which the offender was sentenced; a copy of the
783offender's fingerprints and a digitized photograph taken within
78460 days before release; the date of release of the sexual
785offender; and any electronic mail address and any instant
786message name required to be provided pursuant to s.
787943.0435(4)(d); and the offender's intended residence address,
788if known. The department shall notify the Department of Law
789Enforcement if the sexual offender escapes, absconds, or dies.
790If the sexual offender is in the custody of a private
791correctional facility, the facility shall take the digitized
792photograph of the sexual offender within 60 days before the
793sexual offender's release and provide this photograph to the
794Department of Corrections and also place it in the sexual
795offender's file. If the sexual offender is in the custody of a
796local jail, the custodian of the local jail shall register the
797offender within 3 business days after intake of the offender for
798any reason and upon release, and shall notify the Department of
799Law Enforcement of the sexual offender's release and provide to
800the Department of Law Enforcement the information specified in
801this paragraph and any information specified in subparagraph 2.
802that the Department of Law Enforcement requests.
803     2.  The department may provide any other information deemed
804necessary, including criminal and corrections records,
805nonprivileged personnel and treatment records, when available.
806     Section 6.  Subsections (4) and (6) and paragraph (c) of
807subsection (13) of section 944.607, Florida Statutes, are
808amended to read:
809     944.607  Notification to Department of Law Enforcement of
810information on sexual offenders.--
811     (4)  A sexual offender, as described in this section, who
812is under the supervision of the Department of Corrections but is
813not incarcerated must register with the Department of
814Corrections within 3 business days after sentencing for a
815registrable registerable offense and otherwise provide
816information as required by this subsection.
817     (a)  The sexual offender shall provide his or her name;
818date of birth; social security number; race; sex; height;
819weight; hair and eye color; tattoos or other identifying marks;
820any electronic mail address and any instant message name
821required to be provided pursuant to s. 943.0435(4)(d); and
822permanent or legal residence and address of temporary residence
823within the state or out of state while the sexual offender is
824under supervision in this state, including any rural route
825address or post office box; if no permanent or temporary
826address, any transient residence within the state; and address,
827location or description, and dates of any current or known
828future temporary residence within the state or out of state. The
829Department of Corrections shall verify the address of each
830sexual offender in the manner described in ss. 775.21 and
831943.0435. The department shall report to the Department of Law
832Enforcement any failure by a sexual predator or sexual offender
833to comply with registration requirements.
834     (b)  If the sexual offender is enrolled, employed, or
835carrying on a vocation at an institution of higher education in
836this state, the sexual offender shall provide the name, address,
837and county of each institution, including each campus attended,
838and the sexual offender's enrollment or employment status. Each
839change in enrollment or employment status shall be reported to
840the department within 48 hours after the change in status. The
841Department of Corrections shall promptly notify each institution
842of the sexual offender's presence and any change in the sexual
843offender's enrollment or employment status.
844     (6)  The information provided to the Department of Law
845Enforcement must include:
846     (a)  The information obtained from the sexual offender
847under subsection (4);
848     (b)  The sexual offender's most current address, and place
849of permanent, and temporary, or transient residence within the
850state or out of state, and address, location or description, and
851dates of any current or known future temporary residence within
852the state or out of state, while the sexual offender is under
853supervision in this state, including the name of the county or
854municipality in which the offender permanently or temporarily
855resides, or has a transient residence, and address, location or
856description, and dates of any current or known future temporary
857residence within the state or out of state, and, if known, the
858intended place of permanent, or temporary, or transient
859residence, and address, location or description, and dates of
860any current or known future temporary residence within the state
861or out of state upon satisfaction of all sanctions;
862     (c)  The legal status of the sexual offender and the
863scheduled termination date of that legal status;
864     (d)  The location of, and local telephone number for, any
865Department of Corrections' office that is responsible for
866supervising the sexual offender;
867     (e)  An indication of whether the victim of the offense
868that resulted in the offender's status as a sexual offender was
869a minor;
870     (f)  The offense or offenses at conviction which resulted
871in the determination of the offender's status as a sex offender;
872and
873     (g)  A digitized photograph of the sexual offender which
874must have been taken within 60 days before the offender is
875released from the custody of the department or a private
876correctional facility by expiration of sentence under s. 944.275
877or must have been taken by January 1, 1998, or within 60 days
878after the onset of the department's supervision of any sexual
879offender who is on probation, community control, conditional
880release, parole, provisional release, or control release or who
881is supervised by the department under the Interstate Compact
882Agreement for Probationers and Parolees. If the sexual offender
883is in the custody of a private correctional facility, the
884facility shall take a digitized photograph of the sexual
885offender within the time period provided in this paragraph and
886shall provide the photograph to the department.
887
888If any information provided by the department changes during the
889time the sexual offender is under the department's control,
890custody, or supervision, including any change in the offender's
891name by reason of marriage or other legal process, the
892department shall, in a timely manner, update the information and
893provide it to the Department of Law Enforcement in the manner
894prescribed in subsection (2).
895     (13)
896     (c)  The sheriff's office may determine the appropriate
897times and days for reporting by the sexual offender, which shall
898be consistent with the reporting requirements of this
899subsection. Reregistration shall include any changes to the
900following information:
901     1.  Name; social security number; age; race; sex; date of
902birth; height; weight; hair and eye color; address of any
903permanent residence and address of any current temporary
904residence, within the state or out of state, including a rural
905route address and a post office box; if no permanent or
906temporary address, any transient residence; address, location or
907description, and dates of any current or known future temporary
908residence within the state and out of state; any electronic mail
909address and any instant message name required to be provided
910pursuant to s. 943.0435(4)(d); date and place of any employment;
911vehicle make, model, color, and license tag number;
912fingerprints; and photograph. A post office box shall not be
913provided in lieu of a physical residential address.
914     2.  If the sexual offender is enrolled, employed, or
915carrying on a vocation at an institution of higher education in
916this state, the sexual offender shall also provide to the
917department the name, address, and county of each institution,
918including each campus attended, and the sexual offender's
919enrollment or employment status.
920     3.  If the sexual offender's place of residence is a motor
921vehicle, trailer, mobile home, or manufactured home, as defined
922in chapter 320, the sexual offender shall also provide the
923vehicle identification number; the license tag number; the
924registration number; and a description, including color scheme,
925of the motor vehicle, trailer, mobile home, or manufactured
926home. If the sexual offender's place of residence is a vessel,
927live-aboard vessel, or houseboat, as defined in chapter 327, the
928sexual offender shall also provide the hull identification
929number; the manufacturer's serial number; the name of the
930vessel, live-aboard vessel, or houseboat; the registration
931number; and a description, including color scheme, of the
932vessel, live-aboard vessel or houseboat.
933     4.  Any sexual offender who fails to report in person as
934required at the sheriff's office, or who fails to respond to any
935address verification correspondence from the department within 3
936weeks of the date of the correspondence, or who fails to report
937electronic mail addresses or instant message names, commits a
938felony of the third degree, punishable as provided in s.
939775.082, s. 775.083, or s. 775.084.
940     Section 7.  Paragraph (b) of subsection (7) of section
941947.1405, Florida Statutes, is amended, and subsection (12) is
942added to that section, to read:
943     947.1405  Conditional release program.--
944     (7)
945     (b)  For a releasee whose crime was committed on or after
946October 1, 1997, in violation of chapter 794, s. 800.04, s.
947827.071, s. 847.0135(5), or s. 847.0145, and who is subject to
948conditional release supervision, in addition to any other
949provision of this subsection, the commission shall impose the
950following additional conditions of conditional release
951supervision:
952     1.  As part of a treatment program, participation in a
953minimum of one annual polygraph examination to obtain
954information necessary for risk management and treatment and to
955reduce the sex offender's denial mechanisms. The polygraph
956examination must be conducted by a polygrapher trained
957specifically in the use of the polygraph for the monitoring of
958sex offenders who has been authorized by the department, where
959available, and at the expense of the releasee sex offender. The
960results of the polygraph examination shall be provided to the
961releasee's probation officer and therapist and shall not be used
962as evidence in a hearing to prove that a violation of
963supervision has occurred.
964     2.  Maintenance of a driving log and a prohibition against
965driving a motor vehicle alone without the prior approval of the
966supervising officer.
967     3.  A prohibition against obtaining or using a post office
968box without the prior approval of the supervising officer.
969     4.  If there was sexual contact, a submission to, at the
970releasee's probationer's or community controllee's expense, an
971HIV test with the results to be released to the victim or the
972victim's parent or guardian.
973     5.  Electronic monitoring of any form when ordered by the
974commission.
975     (12)  In addition to all other conditions imposed, for a
976releasee who is subject to conditional release for a crime that
977was committed on or after July 1, 2009, and who has been
978convicted at any time of committing, or attempting, soliciting,
979or conspiring to commit, any of the criminal offenses proscribed
980in the following statutes in this state or similar offenses in
981another jurisdiction against a victim who was under the age of
98218 at the time of the offense: s. 787.01, s. 787.02, or s.
983787.025(2)(c), where the victim is a minor and the offender was
984not the victim's parent or guardian; s. 794.011, excluding s.
985794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
986825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
987847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
988985.701(1); or any similar offense committed in this state which
989has been redesignated from a former statute number to one of
990those listed in this subsection, if the offender has not
991received a pardon for any felony or similar law of another
992jurisdiction necessary for the operation of this subsection and
993a conviction of a felony or similar law of another jurisdiction
994necessary for the operation of this subsection has not been set
995aside in any postconviction proceeding, unless at the time of
996the crime was committed the victim was 16 or 17 years of age and
997the releasee was not more than 21 years of age, the commission
998must impose the following conditions:
999     (a)  A prohibition on visiting areas where children
1000regularly congregate, including, but not limited to, schools,
1001day care centers, parks, and playgrounds. The commission may
1002also designate additional locations to protect a victim. The
1003prohibition ordered under this subparagraph does not prohibit
1004the releasee's attendance at religious services as defined in s.
1005775.0861.
1006     (b)  A prohibition on distributing candy or other items to
1007children on Halloween; wearing a Santa Claus costume, or other
1008costume to appeal to children, on or preceding Christmas;
1009wearing an Easter Bunny costume, or other costume to appeal to
1010children, on or preceding Easter; entertaining at children's
1011parties; or wearing a clown costume; without prior approval from
1012the commission.
1013     Section 8.  Paragraph (a) of subsection (2) of section
1014948.30, Florida Statutes, is amended, and subsection (4) is
1015added to that section, to read:
1016     948.30  Additional terms and conditions of probation or
1017community control for certain sex offenses.--Conditions imposed
1018pursuant to this section do not require oral pronouncement at
1019the time of sentencing and shall be considered standard
1020conditions of probation or community control for offenders
1021specified in this section.
1022     (2)  Effective for a probationer or community controllee
1023whose crime was committed on or after October 1, 1997, and who
1024is placed on community control or sex offender probation for a
1025violation of chapter 794, s. 800.04, s. 827.071, s. 847.0135(5),
1026or s. 847.0145, in addition to any other provision of this
1027section, the court must impose the following conditions of
1028probation or community control:
1029     (a)  As part of a treatment program, participation at least
1030annually in polygraph examinations to obtain information
1031necessary for risk management and treatment and to reduce the
1032sex offender's denial mechanisms. A polygraph examination must
1033be conducted by a polygrapher trained specifically in the use of
1034the polygraph for the monitoring of sex offenders who has been
1035authorized by the department, where available, and shall be paid
1036for by the probationer or community controllee sex offender. The
1037results of the polygraph examination shall be provided to the
1038probationer's or community controllee's probation officer and
1039therapist and shall not be used as evidence in court to prove
1040that a violation of community supervision has occurred.
1041     (4)  In addition to all other conditions imposed, for a
1042probationer or community controllee who is subject to
1043supervision for a crime that was committed on or after July 1,
10442009, and who has been convicted at any time of committing, or
1045attempting, soliciting, or conspiring to commit, any of the
1046criminal offenses proscribed in the following statutes in this
1047state or similar offenses in another jurisdiction against a
1048victim who was under the age of 18 at the time of the offense:
1049s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a
1050minor and the offender was not the victim's parent or guardian;
1051s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
1052796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1053847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1054847.0145; s. 985.701(1); or any similar offense committed in
1055this state which has been redesignated from a former statute
1056number to one of those listed in this subsection, if the
1057offender has not received a pardon for any felony or similar law
1058of another jurisdiction necessary for the operation of this
1059subsection and a conviction of a felony or similar law of
1060another jurisdiction necessary for the operation of this
1061subsection has not been set aside in any postconviction
1062proceeding, unless at the time the crime was committed the
1063victim was 16 or 17 years of age and the offender was not more
1064than 21 years of age, the court must impose the following
1065conditions:
1066     (a)  A prohibition on visiting areas where children
1067regularly congregate, including, but not limited to, schools,
1068day care centers, parks, and playgrounds. The court may also
1069designate additional locations to protect a victim. The
1070prohibition ordered under this subparagraph does not prohibit
1071the releasee's attendance at religious services as defined in s.
1072775.0861.
1073     (b)  A prohibition on distributing candy or other items to
1074children on Halloween; wearing a Santa Claus costume, or other
1075costume to appeal to children, on or preceding Christmas;
1076wearing an Easter Bunny costume, or other costume to appeal to
1077children, on or preceding Easter; entertaining at children's
1078parties; or wearing a clown costume; without prior approval from
1079the court.
1080     Section 9.  Section 948.31, Florida Statutes, is amended to
1081read:
1082     948.31  Diagnosis, Evaluation, and treatment of sexual
1083predators and offenders placed on probation or community control
1084for certain sex offenses or child exploitation.--The court shall
1085require an a diagnosis and evaluation to determine the need of a
1086probationer or community controllee offender in community
1087control for treatment. If the court determines that a need
1088therefor is established by the such diagnosis and evaluation
1089process, the court shall require sexual offender treatment
1090outpatient counseling as a term or condition of probation or
1091community control for any person who meets the criteria to be
1092designated as a sexual predator under s. 775.21 or to be subject
1093to registration as a sexual offender under s. 943.0435, s.
1094944.606, or s. 944.607. was found guilty of any of the
1095following, or whose plea of guilty or nolo contendere to any of
1096the following was accepted by the court:
1097     (1)  Lewd or lascivious battery, lewd or lascivious
1098molestation, lewd or lascivious conduct, or lewd or lascivious
1099exhibition, as defined in s. 800.04 or s. 847.0135(5).
1100     (2)  Sexual battery, as defined in chapter 794, against a
1101child.
1102     (3)  Exploitation of a child as provided in s. 450.151, or
1103for prostitution.
1104
1105Such treatment counseling shall be required to be obtained from
1106a qualified practitioner as defined in s. 948.001(6). Treatment
1107may not be administered by a qualified practitioner who has been
1108convicted or adjudicated delinquent of committing, or
1109attempting, soliciting, or conspiring to commit, any offense
1110that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1111impose a restriction against contact with minors if sexual
1112offender treatment is recommended a community mental health
1113center, a recognized social service agency providing mental
1114health services, or a private mental health professional or
1115through other professional counseling. The evaluation and
1116recommendations plan for treatment of counseling for the
1117probationer or community controllee individual shall be provided
1118to the court for review.
1119     Section 10.  Paragraph (a) of subsection (3) of section
1120985.481, Florida Statutes, is amended to read:
1121     985.481  Sexual offenders adjudicated delinquent;
1122notification upon release.--
1123     (3)(a)  The department must provide information regarding
1124any sexual offender who is being released after serving a period
1125of residential commitment under the department for any offense,
1126as follows:
1127     1.  The department must provide the sexual offender's name,
1128any change in the offender's name by reason of marriage or other
1129legal process, and any alias, if known; the correctional
1130facility from which the sexual offender is released; the sexual
1131offender's social security number, race, sex, date of birth,
1132height, weight, and hair and eye color; address of any planned
1133permanent residence or temporary residence, within the state or
1134out of state, including a rural route address and a post office
1135box; if no permanent or temporary address, any transient
1136residence within the state; address, location or description,
1137and dates of any known future temporary residence within the
1138state or out of state; date and county of disposition and each
1139crime for which there was a disposition; a copy of the
1140offender's fingerprints and a digitized photograph taken within
114160 days before release; and the date of release of the sexual
1142offender; and the offender's intended residence address, if
1143known. The department shall notify the Department of Law
1144Enforcement if the sexual offender escapes, absconds, or dies.
1145If the sexual offender is in the custody of a private
1146correctional facility, the facility shall take the digitized
1147photograph of the sexual offender within 60 days before the
1148sexual offender's release and also place it in the sexual
1149offender's file. If the sexual offender is in the custody of a
1150local jail, the custodian of the local jail shall register the
1151offender within 3 business days after intake of the offender for
1152any reason and upon release, and shall notify the Department of
1153Law Enforcement of the sexual offender's release and provide to
1154the Department of Law Enforcement the information specified in
1155this subparagraph and any information specified in subparagraph
11562. which the Department of Law Enforcement requests.
1157     2.  The department may provide any other information
1158considered necessary, including criminal and delinquency
1159records, when available.
1160     Section 11.  Paragraph (a) of subsection (4), paragraph (a)
1161of subsection (6), and paragraph (b) of subsection (13) of
1162section 985.4815, Florida Statutes, are amended to read:
1163     985.4815  Notification to Department of Law Enforcement of
1164information on juvenile sexual offenders.--
1165     (4)  A sexual offender, as described in this section, who
1166is under the supervision of the department but who is not
1167committed must register with the department within 3 business
1168days after adjudication and disposition for a registrable
1169offense and otherwise provide information as required by this
1170subsection.
1171     (a)  The sexual offender shall provide his or her name;
1172date of birth; social security number; race; sex; height;
1173weight; hair and eye color; tattoos or other identifying marks;
1174and permanent or legal residence and address of temporary
1175residence within the state or out of state while the sexual
1176offender is in the care or custody or under the jurisdiction or
1177supervision of the department in this state, including any rural
1178route address or post office box; if no permanent or temporary
1179address, any transient residence; address, location or
1180description, and dates of any current or known future temporary
1181residence within the state or out of state;, and the name and
1182address of each school attended. The department shall verify the
1183address of each sexual offender and shall report to the
1184Department of Law Enforcement any failure by a sexual offender
1185to comply with registration requirements.
1186     (6)(a)  The information provided to the Department of Law
1187Enforcement must include the following:
1188     1.  The information obtained from the sexual offender under
1189subsection (4).
1190     2.  The sexual offender's most current address and place of
1191permanent, or temporary, or transient residence within the state
1192or out of state, and address, location or description, and dates
1193of any current or known future temporary residence within the
1194state or out of state, while the sexual offender is in the care
1195or custody or under the jurisdiction or supervision of the
1196department in this state, including the name of the county or
1197municipality in which the offender permanently or temporarily
1198resides, or has a transient residence, and address, location or
1199description, and dates of any current or known future temporary
1200residence within the state or out of state; and, if known, the
1201intended place of permanent, or temporary, or transient
1202residence, and address, location or description, and dates of
1203any current or known future temporary residence within the state
1204or out of state upon satisfaction of all sanctions.
1205     3.  The legal status of the sexual offender and the
1206scheduled termination date of that legal status.
1207     4.  The location of, and local telephone number for, any
1208department office that is responsible for supervising the sexual
1209offender.
1210     5.  An indication of whether the victim of the offense that
1211resulted in the offender's status as a sexual offender was a
1212minor.
1213     6.  The offense or offenses at adjudication and disposition
1214that resulted in the determination of the offender's status as a
1215sex offender.
1216     7.  A digitized photograph of the sexual offender, which
1217must have been taken within 60 days before the offender was
1218released from the custody of the department or a private
1219correctional facility by expiration of sentence under s.
1220944.275, or within 60 days after the onset of the department's
1221supervision of any sexual offender who is on probation,
1222postcommitment probation, residential commitment, nonresidential
1223commitment, licensed child-caring commitment, community control,
1224conditional release, parole, provisional release, or control
1225release or who is supervised by the department under the
1226Interstate Compact Agreement for Probationers and Parolees. If
1227the sexual offender is in the custody of a private correctional
1228facility, the facility shall take a digitized photograph of the
1229sexual offender within the time period provided in this
1230subparagraph and shall provide the photograph to the department.
1231     (13)
1232     (b)  The sheriff's office may determine the appropriate
1233times and days for reporting by the sexual offender, which shall
1234be consistent with the reporting requirements of this
1235subsection. Reregistration shall include any changes to the
1236following information:
1237     1.  Name; social security number; age; race; sex; date of
1238birth; height; weight; hair and eye color; address of any
1239permanent residence and address of any current temporary
1240residence, within the state or out of state, including a rural
1241route address and a post office box; if no permanent or
1242temporary address, any transient residence; address, location or
1243description, and dates of any current or known future temporary
1244residence within the state or out of state; name and address of
1245each school attended; date and place of any employment; vehicle
1246make, model, color, and license tag number; fingerprints; and
1247photograph. A post office box shall not be provided in lieu of a
1248physical residential address.
1249     2.  If the sexual offender is enrolled, employed, or
1250carrying on a vocation at an institution of higher education in
1251this state, the sexual offender shall also provide to the
1252department the name, address, and county of each institution,
1253including each campus attended, and the sexual offender's
1254enrollment or employment status.
1255     3.  If the sexual offender's place of residence is a motor
1256vehicle, trailer, mobile home, or manufactured home, as defined
1257in chapter 320, the sexual offender shall also provide the
1258vehicle identification number; the license tag number; the
1259registration number; and a description, including color scheme,
1260of the motor vehicle, trailer, mobile home, or manufactured
1261home. If the sexual offender's place of residence is a vessel,
1262live-aboard vessel, or houseboat, as defined in chapter 327, the
1263sexual offender shall also provide the hull identification
1264number; the manufacturer's serial number; the name of the
1265vessel, live-aboard vessel, or houseboat; the registration
1266number; and a description, including color scheme, of the
1267vessel, live-aboard vessel, or houseboat.
1268     4.  Any sexual offender who fails to report in person as
1269required at the sheriff's office, or who fails to respond to any
1270address verification correspondence from the department within 3
1271weeks after the date of the correspondence, commits a felony of
1272the third degree, punishable as provided in ss. 775.082,
1273775.083, and 775.084.
1274     Section 12.  This act shall take effect July 1, 2009.


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