| 1 | A bill to be entitled |
| 2 | An act relating to sexual offenders and predators; |
| 3 | amending s. 775.21, F.S.; replacing the definition of the |
| 4 | term "instant message name" with the definition of the |
| 5 | term "Internet identifier"; providing that voluntary |
| 6 | disclosure of specified information waives a disclosure |
| 7 | exemption for such information; conforming provisions; |
| 8 | requiring disclosure of passport and immigration status |
| 9 | information; requiring that a sexual predator who is |
| 10 | unable to secure or update a driver's license or |
| 11 | identification card within a specified period must report |
| 12 | specified information to the local sheriff's office within |
| 13 | a specified period after such change with confirmation |
| 14 | that he or she also reported such information to the |
| 15 | Department of Highway Safety and Motor Vehicles; revising |
| 16 | reporting requirements if a sexual predator plans to leave |
| 17 | the United States for more than a specified period; |
| 18 | creating s. 847.0141, F.S.; prohibiting a minor's |
| 19 | intentional or knowing use of an electronic communication |
| 20 | device to transmit, distribute, or display a visual |
| 21 | depiction of himself or herself that depicts nudity and is |
| 22 | harmful to minors; providing penalties; prohibiting a |
| 23 | minor's intentional or knowing possession of a visual |
| 24 | depiction of another minor that depicts nudity and is |
| 25 | harmful to minors; providing an exception; providing |
| 26 | penalties; providing duties for law enforcement officers; |
| 27 | providing for prosecution of a minor under other |
| 28 | provisions; amending s. 943.0435, F.S.; replacing the |
| 29 | definition of the term "instant message name" with the |
| 30 | definition of the term "Internet identifier"; conforming |
| 31 | provisions; requiring disclosure of passport and |
| 32 | immigration status information; requiring that a sexual |
| 33 | predator who is unable to secure or update a driver's |
| 34 | license or identification card within a specified period |
| 35 | must report specified information to the local sheriff's |
| 36 | office within a specified period of such change with |
| 37 | confirmation that he or she also reported such information |
| 38 | to the Department of Highway Safety and Motor Vehicles; |
| 39 | providing additional requirements for sexual offenders |
| 40 | intending to reside outside of the United States; amending |
| 41 | s. 943.04351, F.S.; requiring a specified national search |
| 42 | of registration information regarding sexual predators and |
| 43 | sexual offenders prior to appointment or employment of |
| 44 | persons by state agencies and governmental subdivisions; |
| 45 | amending s. 943.04354, F.S.; revising the age range |
| 46 | applicable to provisions allowing removal of the |
| 47 | requirement to register as a sexual offender or sexual |
| 48 | predator in certain circumstances; revising eligibility |
| 49 | requirements for removal of the requirement to register as |
| 50 | a sexual offender or sexual predator; amending s. |
| 51 | 943.0437, F.S.; replacing the definition of the term |
| 52 | "instant message name" with the definition of the term |
| 53 | "Internet identifier"; conforming provisions; amending ss. |
| 54 | 944.606 and 944.607, F.S.; replacing the definition of the |
| 55 | term "instant message name" with the definition of the |
| 56 | term "Internet identifier"; conforming provisions; |
| 57 | requiring disclosure of passport and immigration status |
| 58 | information; amending s. 947.005, F.S.; revising the |
| 59 | definition of the term "risk assessment"; amending s. |
| 60 | 948.31, F.S.; providing that conditions imposed under that |
| 61 | section do not require oral pronouncement at the time of |
| 62 | sentencing and shall be considered standard conditions of |
| 63 | probation or community control for certain offenders; |
| 64 | removing a provision prohibiting contact with minors if |
| 65 | sexual offender treatment is recommended; amending ss. |
| 66 | 985.481 and 985.4815, F.S.; requiring disclosure of |
| 67 | passport and immigration status information by certain |
| 68 | sexual offenders adjudicated delinquent and certain |
| 69 | juvenile sexual offenders; providing severability; |
| 70 | providing an effective date. |
| 71 |
|
| 72 | Be It Enacted by the Legislature of the State of Florida: |
| 73 |
|
| 74 | Section 1. Paragraph (i) of subsection (2), paragraphs |
| 75 | (a), (e), (g), (i), and (j) of subsection (6), paragraph (a) of |
| 76 | subsection (8), and paragraph (a) of subsection (10) of section |
| 77 | 775.21, Florida Statutes, are amended to read: |
| 78 | 775.21 The Florida Sexual Predators Act.- |
| 79 | (2) DEFINITIONS.-As used in this section, the term: |
| 80 | (i) "Internet identifier Instant message name" means all |
| 81 | electronic mail, chat, instant messenger, social networking, or |
| 82 | similar name used for Internet communication, but does not |
| 83 | include a date of birth, social security number, or personal |
| 84 | identification number (PIN) an identifier that allows a person |
| 85 | to communicate in real time with another person using the |
| 86 | Internet. Voluntary disclosure by the sexual predator of his or |
| 87 | her date of birth, social security number, or personal |
| 88 | identification number (PIN) as an Internet identifier waives the |
| 89 | disclosure exemption in this paragraph for such personal |
| 90 | information. |
| 91 | (6) REGISTRATION.- |
| 92 | (a) A sexual predator must register with the department |
| 93 | through the sheriff's office by providing the following |
| 94 | information to the department: |
| 95 | 1. Name; social security number; age; race; sex; date of |
| 96 | birth; height; weight; hair and eye color; photograph; address |
| 97 | of legal residence and address of any current temporary |
| 98 | residence, within the state or out of state, including a rural |
| 99 | route address and a post office box; if no permanent or |
| 100 | temporary address, any transient residence within the state; |
| 101 | address, location or description, and dates of any current or |
| 102 | known future temporary residence within the state or out of |
| 103 | state; all any electronic mail addresses address and all |
| 104 | Internet identifiers any instant message name required to be |
| 105 | provided pursuant to subparagraph (g)4.; all home telephone |
| 106 | numbers number and any cellular telephone numbers number; date |
| 107 | and place of any employment; date and place of each conviction; |
| 108 | fingerprints; and a brief description of the crime or crimes |
| 109 | committed by the offender. A post office box shall not be |
| 110 | provided in lieu of a physical residential address. The sexual |
| 111 | predator must also produce or provide information about his or |
| 112 | her passport, if he or she has a passport, and, if he or she is |
| 113 | an alien, must produce or provide information about documents |
| 114 | establishing his or her immigration status. |
| 115 | a. If the sexual predator's place of residence is a motor |
| 116 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 117 | in chapter 320, the sexual predator shall also provide to the |
| 118 | department written notice of the vehicle identification number; |
| 119 | the license tag number; the registration number; and a |
| 120 | description, including color scheme, of the motor vehicle, |
| 121 | trailer, mobile home, or manufactured home. If a sexual |
| 122 | predator's place of residence is a vessel, live-aboard vessel, |
| 123 | or houseboat, as defined in chapter 327, the sexual predator |
| 124 | shall also provide to the department written notice of the hull |
| 125 | identification number; the manufacturer's serial number; the |
| 126 | name of the vessel, live-aboard vessel, or houseboat; the |
| 127 | registration number; and a description, including color scheme, |
| 128 | of the vessel, live-aboard vessel, or houseboat. |
| 129 | b. If the sexual predator is enrolled, employed, or |
| 130 | carrying on a vocation at an institution of higher education in |
| 131 | this state, the sexual predator shall also provide to the |
| 132 | department the name, address, and county of each institution, |
| 133 | including each campus attended, and the sexual predator's |
| 134 | enrollment or employment status. Each change in enrollment or |
| 135 | employment status shall be reported in person at the sheriff's |
| 136 | office, or the Department of Corrections if the sexual predator |
| 137 | is in the custody or control of or under the supervision of the |
| 138 | Department of Corrections, within 48 hours after any change in |
| 139 | status. The sheriff or the Department of Corrections shall |
| 140 | promptly notify each institution of the sexual predator's |
| 141 | presence and any change in the sexual predator's enrollment or |
| 142 | employment status. |
| 143 | 2. Any other information determined necessary by the |
| 144 | department, including criminal and corrections records; |
| 145 | nonprivileged personnel and treatment records; and evidentiary |
| 146 | genetic markers when available. |
| 147 | (e)1. If the sexual predator is not in the custody or |
| 148 | control of, or under the supervision of, the Department of |
| 149 | Corrections or is not in the custody of a private correctional |
| 150 | facility, the sexual predator shall register in person: |
| 151 | a. At the sheriff's office in the county where he or she |
| 152 | establishes or maintains a residence within 48 hours after |
| 153 | establishing or maintaining a residence in this state; and |
| 154 | b. At the sheriff's office in the county where he or she |
| 155 | was designated a sexual predator by the court within 48 hours |
| 156 | after such finding is made. |
| 157 | 2. Any change in the sexual predator's permanent or |
| 158 | temporary residence, name, or all any electronic mail addresses |
| 159 | address and all Internet identifiers any instant message name |
| 160 | required to be provided pursuant to subparagraph (g)4., after |
| 161 | the sexual predator registers in person at the sheriff's office |
| 162 | as provided in subparagraph 1., shall be accomplished in the |
| 163 | manner provided in paragraphs (g), (i), and (j). When a sexual |
| 164 | predator registers with the sheriff's office, the sheriff shall |
| 165 | take a photograph and a set of fingerprints of the predator and |
| 166 | forward the photographs and fingerprints to the department, |
| 167 | along with the information that the predator is required to |
| 168 | provide pursuant to this section. |
| 169 | (g)1. Each time a sexual predator's driver's license or |
| 170 | identification card is subject to renewal, and, without regard |
| 171 | to the status of the predator's driver's license or |
| 172 | identification card, within 48 hours after any change of the |
| 173 | predator's residence or change in the predator's name by reason |
| 174 | of marriage or other legal process, the predator shall report in |
| 175 | person to a driver's license office and shall be subject to the |
| 176 | requirements specified in paragraph (f). The Department of |
| 177 | Highway Safety and Motor Vehicles shall forward to the |
| 178 | department and to the Department of Corrections all photographs |
| 179 | and information provided by sexual predators. Notwithstanding |
| 180 | the restrictions set forth in s. 322.142, the Department of |
| 181 | Highway Safety and Motor Vehicles is authorized to release a |
| 182 | reproduction of a color-photograph or digital-image license to |
| 183 | the Department of Law Enforcement for purposes of public |
| 184 | notification of sexual predators as provided in this section. A |
| 185 | sexual predator who is unable to secure or update a driver's |
| 186 | license or identification card with the Department of Highway |
| 187 | Safety and Motor Vehicles as provided in paragraph (f) and this |
| 188 | paragraph must also report any change of the predator's |
| 189 | residence or change in the predator's name by reason of marriage |
| 190 | or other legal process within 48 hours after the change to the |
| 191 | sheriff's office in the county where the predator resides or is |
| 192 | located and provide confirmation that he or she reported such |
| 193 | information to the Department of Highway Safety and Motor |
| 194 | Vehicles. |
| 195 | 2. A sexual predator who vacates a permanent, temporary, |
| 196 | or transient residence and fails to establish or maintain |
| 197 | another permanent, temporary, or transient residence shall, |
| 198 | within 48 hours after vacating the permanent, temporary, or |
| 199 | transient residence, report in person to the sheriff's office of |
| 200 | the county in which he or she is located. The sexual predator |
| 201 | shall specify the date upon which he or she intends to or did |
| 202 | vacate such residence. The sexual predator must provide or |
| 203 | update all of the registration information required under |
| 204 | paragraph (a). The sexual predator must provide an address for |
| 205 | the residence or other place that he or she is or will be |
| 206 | located during the time in which he or she fails to establish or |
| 207 | maintain a permanent or temporary residence. |
| 208 | 3. A sexual predator who remains at a permanent, |
| 209 | temporary, or transient residence after reporting his or her |
| 210 | intent to vacate such residence shall, within 48 hours after the |
| 211 | date upon which the predator indicated he or she would or did |
| 212 | vacate such residence, report in person to the sheriff's office |
| 213 | to which he or she reported pursuant to subparagraph 2. for the |
| 214 | purpose of reporting his or her address at such residence. When |
| 215 | the sheriff receives the report, the sheriff shall promptly |
| 216 | convey the information to the department. An offender who makes |
| 217 | a report as required under subparagraph 2. but fails to make a |
| 218 | report as required under this subparagraph commits a felony of |
| 219 | the second degree, punishable as provided in s. 775.082, s. |
| 220 | 775.083, or s. 775.084. |
| 221 | 4. A sexual predator must register all any electronic mail |
| 222 | addresses and Internet identifiers address or instant message |
| 223 | name with the department prior to using such electronic mail |
| 224 | addresses and Internet identifiers address or instant message |
| 225 | name on or after October 1, 2007. The department shall establish |
| 226 | an online system through which sexual predators may securely |
| 227 | access and update all electronic mail address and Internet |
| 228 | identifier instant message name information. |
| 229 | (i) A sexual predator who intends to establish a |
| 230 | permanent, temporary, or transient residence in another state or |
| 231 | jurisdiction other than the State of Florida shall report in |
| 232 | person to the sheriff of the county of current residence within |
| 233 | 48 hours before the date he or she intends to leave this state |
| 234 | to establish residence in another state or jurisdiction or |
| 235 | within 21 days before his or her planned departure date if the |
| 236 | intended residence of 7 days or more is outside of the United |
| 237 | States. The sexual predator must provide to the sheriff the |
| 238 | address, municipality, county, and state, and country of |
| 239 | intended residence. The sheriff shall promptly provide to the |
| 240 | department the information received from the sexual predator. |
| 241 | The department shall notify the statewide law enforcement |
| 242 | agency, or a comparable agency, in the intended state, or |
| 243 | jurisdiction, or country of residence of the sexual predator's |
| 244 | intended residence. The failure of a sexual predator to provide |
| 245 | his or her intended place of residence is punishable as provided |
| 246 | in subsection (10). |
| 247 | (j) A sexual predator who indicates his or her intent to |
| 248 | establish a permanent, temporary, or transient residence in |
| 249 | another state, a or jurisdiction other than the State of |
| 250 | Florida, or another country and later decides to remain in this |
| 251 | state shall, within 48 hours after the date upon which the |
| 252 | sexual predator indicated he or she would leave this state, |
| 253 | report in person to the sheriff to which the sexual predator |
| 254 | reported the intended change of residence, and report his or her |
| 255 | intent to remain in this state. If the sheriff is notified by |
| 256 | the sexual predator that he or she intends to remain in this |
| 257 | state, the sheriff shall promptly report this information to the |
| 258 | department. A sexual predator who reports his or her intent to |
| 259 | establish a permanent, temporary, or transient residence in |
| 260 | another state, a or jurisdiction other than the State of |
| 261 | Florida, or another country, but who remains in this state |
| 262 | without reporting to the sheriff in the manner required by this |
| 263 | paragraph, commits a felony of the second degree, punishable as |
| 264 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 265 | (8) VERIFICATION.-The department and the Department of |
| 266 | Corrections shall implement a system for verifying the addresses |
| 267 | of sexual predators. The system must be consistent with the |
| 268 | provisions of the federal Adam Walsh Child Protection and Safety |
| 269 | Act of 2006 and any other federal standards applicable to such |
| 270 | verification or required to be met as a condition for the |
| 271 | receipt of federal funds by the state. The Department of |
| 272 | Corrections shall verify the addresses of sexual predators who |
| 273 | are not incarcerated but who reside in the community under the |
| 274 | supervision of the Department of Corrections and shall report to |
| 275 | the department any failure by a sexual predator to comply with |
| 276 | registration requirements. County and local law enforcement |
| 277 | agencies, in conjunction with the department, shall verify the |
| 278 | addresses of sexual predators who are not under the care, |
| 279 | custody, control, or supervision of the Department of |
| 280 | Corrections. Local law enforcement agencies shall report to the |
| 281 | department any failure by a sexual predator to comply with |
| 282 | registration requirements. |
| 283 | (a) A sexual predator must report in person each year |
| 284 | during the month of the sexual predator's birthday and during |
| 285 | every third month thereafter to the sheriff's office in the |
| 286 | county in which he or she resides or is otherwise located to |
| 287 | reregister. The sheriff's office may determine the appropriate |
| 288 | times and days for reporting by the sexual predator, which shall |
| 289 | be consistent with the reporting requirements of this paragraph. |
| 290 | Reregistration shall include any changes to the following |
| 291 | information: |
| 292 | 1. Name; social security number; age; race; sex; date of |
| 293 | birth; height; weight; hair and eye color; address of any |
| 294 | permanent residence and address of any current temporary |
| 295 | residence, within the state or out of state, including a rural |
| 296 | route address and a post office box; if no permanent or |
| 297 | temporary address, any transient residence within the state; |
| 298 | address, location or description, and dates of any current or |
| 299 | known future temporary residence within the state or out of |
| 300 | state; all any electronic mail addresses address and all |
| 301 | Internet identifiers any instant message name required to be |
| 302 | provided pursuant to subparagraph (6)(g)4.; all home telephone |
| 303 | numbers number and any cellular telephone numbers number; date |
| 304 | and place of any employment; vehicle make, model, color, and |
| 305 | license tag number; fingerprints; and photograph. A post office |
| 306 | box shall not be provided in lieu of a physical residential |
| 307 | address. The sexual predator must also produce or provide |
| 308 | information about his or her passport, if he or she has a |
| 309 | passport, and, if he or she is an alien, must produce or provide |
| 310 | information about documents establishing his or her immigration |
| 311 | status. |
| 312 | 2. If the sexual predator is enrolled, employed, or |
| 313 | carrying on a vocation at an institution of higher education in |
| 314 | this state, the sexual predator shall also provide to the |
| 315 | department the name, address, and county of each institution, |
| 316 | including each campus attended, and the sexual predator's |
| 317 | enrollment or employment status. |
| 318 | 3. If the sexual predator's place of residence is a motor |
| 319 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 320 | in chapter 320, the sexual predator shall also provide the |
| 321 | vehicle identification number; the license tag number; the |
| 322 | registration number; and a description, including color scheme, |
| 323 | of the motor vehicle, trailer, mobile home, or manufactured |
| 324 | home. If the sexual predator's place of residence is a vessel, |
| 325 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 326 | sexual predator shall also provide the hull identification |
| 327 | number; the manufacturer's serial number; the name of the |
| 328 | vessel, live-aboard vessel, or houseboat; the registration |
| 329 | number; and a description, including color scheme, of the |
| 330 | vessel, live-aboard vessel, or houseboat. |
| 331 | (10) PENALTIES.- |
| 332 | (a) Except as otherwise specifically provided, a sexual |
| 333 | predator who fails to register; who fails, after registration, |
| 334 | to maintain, acquire, or renew a driver's license or |
| 335 | identification card; who fails to provide required location |
| 336 | information, electronic mail address information, Internet |
| 337 | identifier instant message name information, all home telephone |
| 338 | numbers number and any cellular telephone numbers number, or |
| 339 | change-of-name information; who fails to make a required report |
| 340 | in connection with vacating a permanent residence; who fails to |
| 341 | reregister as required; who fails to respond to any address |
| 342 | verification correspondence from the department within 3 weeks |
| 343 | of the date of the correspondence; or who otherwise fails, by |
| 344 | act or omission, to comply with the requirements of this |
| 345 | section, commits a felony of the third degree, punishable as |
| 346 | provided in s. 775.082, s. 775.083, or s. 775.084. |
| 347 | Section 2. Section 847.0141, Florida Statutes, is created |
| 348 | to read: |
| 349 | 847.0141 Unlawful electronic communication between minors; |
| 350 | possession of visual depiction of another minor.- |
| 351 | (1) It is unlawful for a minor to intentionally or |
| 352 | knowingly use an electronic communication device to transmit, |
| 353 | distribute, or display a visual depiction of himself or herself |
| 354 | that depicts nudity and is harmful to minors. |
| 355 | (2)(a) It is unlawful for a minor to intentionally or |
| 356 | knowingly posses a visual depiction of another minor that |
| 357 | depicts nudity and is harmful to minors. |
| 358 | (b) A minor does not violate paragraph (a) if all of the |
| 359 | following apply: |
| 360 | 1. The minor did not solicit the visual depiction. |
| 361 | 2. The minor took reasonable steps to report the visual |
| 362 | depiction to the minor's legal guardian or to a school or law |
| 363 | enforcement official. |
| 364 | 3. The minor did not transmit or distribute the visual |
| 365 | depiction to a third party. |
| 366 | (3) A minor who violates subsection (1) or subsection (2): |
| 367 | (a) Commits a noncriminal violation for a first violation, |
| 368 | punishable by 8 hours of community service or, if ordered by the |
| 369 | court in lieu of community service, a $60 fine. The court may |
| 370 | also order suitable training concerning such offenses and may |
| 371 | prohibit the use or possession of electronic devices, which may |
| 372 | include, but are not limited to, cellular telephones, cameras, |
| 373 | computers, or other electronic media devices. The court shall |
| 374 | order the confiscation of such unlawful material and authorize |
| 375 | the law enforcement agency in which the material is held to |
| 376 | destroy the unlawful material. |
| 377 | (b) Commits a misdemeanor of the second degree for a |
| 378 | violation that occurs after being found to have committed a |
| 379 | noncriminal violation under paragraph (a), punishable as |
| 380 | provided in s. 775.082 or s. 775.083. The court must order |
| 381 | suitable training concerning such offenses and prohibit the use |
| 382 | or possession of electronic communication devices, which may |
| 383 | include, but are not limited to, cellular telephones, cameras, |
| 384 | computers, or other electronic media devices. The court shall |
| 385 | order the confiscation of such unlawful material and authorize |
| 386 | the law enforcement agency in which the material is held to |
| 387 | destroy the unlawful material. |
| 388 | (c) Commits a misdemeanor of the first degree for a |
| 389 | violation that occurs after being found to have committed a |
| 390 | misdemeanor of the second degree under paragraph (b), punishable |
| 391 | as provided in s. 775.082 or s. 775.083. The court must order |
| 392 | suitable training concerning such offenses or, if ordered by the |
| 393 | court in lieu of training, counseling and prohibit the use or |
| 394 | possession of electronic devices, which may include, but are not |
| 395 | limited to, cellular telephones, cameras, computers, or other |
| 396 | electronic media devices. The court shall order confiscation of |
| 397 | such unlawful material and authorize the law enforcement agency |
| 398 | in which the material is held to destroy the unlawful material. |
| 399 | (d) Commits a felony of the third degree for a violation |
| 400 | that occurs after being found to have committed a misdemeanor of |
| 401 | the first degree under paragraph (c), punishable as provided in |
| 402 | s. 775.082, s. 775.083, or s. 775.084. The court must order a |
| 403 | mental health evaluation by a qualified practitioner, as defined |
| 404 | in s. 948.001, and treatment, if recommended by the |
| 405 | practitioner. The court shall order confiscation of such |
| 406 | unlawful material and authorize the law enforcement agency in |
| 407 | which the material is held to destroy the unlawful material. |
| 408 | (4) Whenever any law enforcement officer arrests any |
| 409 | person charged with any offense under this section, the officer |
| 410 | shall seize the prohibited material and take the material into |
| 411 | his or her custody to await the sentence of the court upon the |
| 412 | trial of the offender. |
| 413 | (5) This section does not prohibit the prosecution of a |
| 414 | minor for a violation of any law of this state if the electronic |
| 415 | communication includes the depiction of sexual conduct or sexual |
| 416 | excitement and does not prohibit the prosecution of a minor for |
| 417 | stalking under s. 784.048. |
| 418 | Section 3. Paragraphs (a) and (g) of subsection (1), |
| 419 | subsection (2), paragraphs (a) and (d) of subsection (4), |
| 420 | subsections (7) and (8), and paragraph (c) of subsection (14) of |
| 421 | section 943.0435, Florida Statutes, are amended to read: |
| 422 | 943.0435 Sexual offenders required to register with the |
| 423 | department; penalty.- |
| 424 | (1) As used in this section, the term: |
| 425 | (a)1. "Sexual offender" means a person who meets the |
| 426 | criteria in sub-subparagraph a., sub-subparagraph b., sub- |
| 427 | subparagraph c., or sub-subparagraph d., as follows: |
| 428 | a.(I) Has been convicted of committing, or attempting, |
| 429 | soliciting, or conspiring to commit, any of the criminal |
| 430 | offenses proscribed in the following statutes in this state or |
| 431 | similar offenses in another jurisdiction: s. 787.01, s. 787.02, |
| 432 | or s. 787.025(2)(c), where the victim is a minor and the |
| 433 | defendant is not the victim's parent or guardian; s. 794.011, |
| 434 | excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. |
| 435 | 800.04; s. 825.1025; s. 826.04 where the victim is a minor and |
| 436 | the defendant is 18 years of age or older; s. 827.071; s. |
| 437 | 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. |
| 438 | 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense |
| 439 | committed in this state which has been redesignated from a |
| 440 | former statute number to one of those listed in this sub-sub- |
| 441 | subparagraph; and |
| 442 | (II) Has been released on or after October 1, 1997, from |
| 443 | the sanction imposed for any conviction of an offense described |
| 444 | in sub-sub-subparagraph (I). For purposes of sub-sub- |
| 445 | subparagraph (I), a sanction imposed in this state or in any |
| 446 | other jurisdiction includes, but is not limited to, a fine, |
| 447 | probation, community control, parole, conditional release, |
| 448 | control release, or incarceration in a state prison, federal |
| 449 | prison, private correctional facility, or local detention |
| 450 | facility; |
| 451 | b. Establishes or maintains a residence in this state and |
| 452 | who has not been designated as a sexual predator by a court of |
| 453 | this state but who has been designated as a sexual predator, as |
| 454 | a sexually violent predator, or by another sexual offender |
| 455 | designation in another state or jurisdiction and was, as a |
| 456 | result of such designation, subjected to registration or |
| 457 | community or public notification, or both, or would be if the |
| 458 | person were a resident of that state or jurisdiction, without |
| 459 | regard to whether the person otherwise meets the criteria for |
| 460 | registration as a sexual offender; |
| 461 | c. Establishes or maintains a residence in this state who |
| 462 | is in the custody or control of, or under the supervision of, |
| 463 | any other state or jurisdiction as a result of a conviction for |
| 464 | committing, or attempting, soliciting, or conspiring to commit, |
| 465 | any of the criminal offenses proscribed in the following |
| 466 | statutes or similar offense in another jurisdiction: s. 787.01, |
| 467 | s. 787.02, or s. 787.025(2)(c), where the victim is a minor and |
| 468 | the defendant is not the victim's parent or guardian; s. |
| 469 | 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. |
| 470 | 796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a |
| 471 | minor and the defendant is 18 years of age or older; s. 827.071; |
| 472 | s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; |
| 473 | s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar |
| 474 | offense committed in this state which has been redesignated from |
| 475 | a former statute number to one of those listed in this sub- |
| 476 | subparagraph; or |
| 477 | d. On or after July 1, 2007, has been adjudicated |
| 478 | delinquent for committing, or attempting, soliciting, or |
| 479 | conspiring to commit, any of the criminal offenses proscribed in |
| 480 | the following statutes in this state or similar offenses in |
| 481 | another jurisdiction when the juvenile was 14 years of age or |
| 482 | older at the time of the offense: |
| 483 | (I) Section 794.011, excluding s. 794.011(10); |
| 484 | (II) Section 800.04(4)(b) where the victim is under 12 |
| 485 | years of age or where the court finds sexual activity by the use |
| 486 | of force or coercion; |
| 487 | (III) Section 800.04(5)(c)1. where the court finds |
| 488 | molestation involving unclothed genitals; or |
| 489 | (IV) Section 800.04(5)(d) where the court finds the use of |
| 490 | force or coercion and unclothed genitals. |
| 491 | 2. For all qualifying offenses listed in sub-subparagraph |
| 492 | (1)(a)1.d., the court shall make a written finding of the age of |
| 493 | the offender at the time of the offense. |
| 494 |
|
| 495 | For each violation of a qualifying offense listed in this |
| 496 | subsection, the court shall make a written finding of the age of |
| 497 | the victim at the time of the offense. For a violation of s. |
| 498 | 800.04(4), the court shall additionally make a written finding |
| 499 | indicating that the offense did or did not involve sexual |
| 500 | activity and indicating that the offense did or did not involve |
| 501 | force or coercion. For a violation of s. 800.04(5), the court |
| 502 | shall additionally make a written finding that the offense did |
| 503 | or did not involve unclothed genitals or genital area and that |
| 504 | the offense did or did not involve the use of force or coercion. |
| 505 | (g) "Internet identifier Instant message name" has the |
| 506 | same meaning as provided in s. 775.21 means an identifier that |
| 507 | allows a person to communicate in real time with another person |
| 508 | using the Internet. |
| 509 | (2) A sexual offender shall: |
| 510 | (a) Report in person at the sheriff's office: |
| 511 | 1. In the county in which the offender establishes or |
| 512 | maintains a permanent, temporary, or transient residence within |
| 513 | 48 hours after: |
| 514 | a. Establishing permanent, temporary, or transient |
| 515 | residence in this state; or |
| 516 | b. Being released from the custody, control, or |
| 517 | supervision of the Department of Corrections or from the custody |
| 518 | of a private correctional facility; or |
| 519 | 2. In the county where he or she was convicted within 48 |
| 520 | hours after being convicted for a qualifying offense for |
| 521 | registration under this section if the offender is not in the |
| 522 | custody or control of, or under the supervision of, the |
| 523 | Department of Corrections, or is not in the custody of a private |
| 524 | correctional facility. |
| 525 |
|
| 526 | Any change in the information required to be provided pursuant |
| 527 | to paragraph (b), including, but not limited to, any change in |
| 528 | the sexual offender's permanent, temporary, or transient |
| 529 | residence, name, all any electronic mail addresses address and |
| 530 | all Internet identifiers any instant message name required to be |
| 531 | provided pursuant to paragraph (4)(d), after the sexual offender |
| 532 | reports in person at the sheriff's office, shall be accomplished |
| 533 | in the manner provided in subsections (4), (7), and (8). |
| 534 | (b) Provide his or her name; date of birth; social |
| 535 | security number; race; sex; height; weight; hair and eye color; |
| 536 | tattoos or other identifying marks; occupation and place of |
| 537 | employment; address of permanent or legal residence or address |
| 538 | of any current temporary residence, within the state or out of |
| 539 | state, including a rural route address and a post office box; if |
| 540 | no permanent or temporary address, any transient residence |
| 541 | within the state, address, location or description, and dates of |
| 542 | any current or known future temporary residence within the state |
| 543 | or out of state; all home telephone numbers number and any |
| 544 | cellular telephone numbers number; all any electronic mail |
| 545 | addresses address and all Internet identifiers any instant |
| 546 | message name required to be provided pursuant to paragraph |
| 547 | (4)(d); date and place of each conviction; and a brief |
| 548 | description of the crime or crimes committed by the offender. A |
| 549 | post office box shall not be provided in lieu of a physical |
| 550 | residential address. The sexual offender must also produce or |
| 551 | provide information about his or her passport, if he or she has |
| 552 | a passport, and, if he or she is an alien, must produce or |
| 553 | provide information about documents establishing his or her |
| 554 | immigration status. |
| 555 | 1. If the sexual offender's place of residence is a motor |
| 556 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 557 | in chapter 320, the sexual offender shall also provide to the |
| 558 | department through the sheriff's office written notice of the |
| 559 | vehicle identification number; the license tag number; the |
| 560 | registration number; and a description, including color scheme, |
| 561 | of the motor vehicle, trailer, mobile home, or manufactured |
| 562 | home. If the sexual offender's place of residence is a vessel, |
| 563 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 564 | sexual offender shall also provide to the department written |
| 565 | notice of the hull identification number; the manufacturer's |
| 566 | serial number; the name of the vessel, live-aboard vessel, or |
| 567 | houseboat; the registration number; and a description, including |
| 568 | color scheme, of the vessel, live-aboard vessel, or houseboat. |
| 569 | 2. If the sexual offender is enrolled, employed, or |
| 570 | carrying on a vocation at an institution of higher education in |
| 571 | this state, the sexual offender shall also provide to the |
| 572 | department through the sheriff's office the name, address, and |
| 573 | county of each institution, including each campus attended, and |
| 574 | the sexual offender's enrollment or employment status. Each |
| 575 | change in enrollment or employment status shall be reported in |
| 576 | person at the sheriff's office, within 48 hours after any change |
| 577 | in status. The sheriff shall promptly notify each institution of |
| 578 | the sexual offender's presence and any change in the sexual |
| 579 | offender's enrollment or employment status. |
| 580 |
|
| 581 | When a sexual offender reports at the sheriff's office, the |
| 582 | sheriff shall take a photograph and a set of fingerprints of the |
| 583 | offender and forward the photographs and fingerprints to the |
| 584 | department, along with the information provided by the sexual |
| 585 | offender. The sheriff shall promptly provide to the department |
| 586 | the information received from the sexual offender. |
| 587 | (4)(a) Each time a sexual offender's driver's license or |
| 588 | identification card is subject to renewal, and, without regard |
| 589 | to the status of the offender's driver's license or |
| 590 | identification card, within 48 hours after any change in the |
| 591 | offender's permanent, temporary, or transient residence or |
| 592 | change in the offender's name by reason of marriage or other |
| 593 | legal process, the offender shall report in person to a driver's |
| 594 | license office, and shall be subject to the requirements |
| 595 | specified in subsection (3). The Department of Highway Safety |
| 596 | and Motor Vehicles shall forward to the department all |
| 597 | photographs and information provided by sexual offenders. |
| 598 | Notwithstanding the restrictions set forth in s. 322.142, the |
| 599 | Department of Highway Safety and Motor Vehicles is authorized to |
| 600 | release a reproduction of a color-photograph or digital-image |
| 601 | license to the Department of Law Enforcement for purposes of |
| 602 | public notification of sexual offenders as provided in this |
| 603 | section and ss. 943.043 and 944.606. A sexual offender who is |
| 604 | unable to secure or update a driver's license or identification |
| 605 | card with the Department of Highway Safety and Motor Vehicles as |
| 606 | provided in subsection (3) and this subsection must also report |
| 607 | any change in the sexual offender's permanent, temporary, or |
| 608 | transient residence or change in the offender's name by reason |
| 609 | of marriage or other legal process within 48 hours after the |
| 610 | change to the sheriff's office in the county where the offender |
| 611 | resides or is located and provide confirmation that he or she |
| 612 | reported such information to Department of Highway Safety and |
| 613 | Motor Vehicles. |
| 614 | (d) A sexual offender must register all any electronic |
| 615 | mail addresses and Internet identifiers address or instant |
| 616 | message name with the department prior to using such electronic |
| 617 | mail addresses and Internet identifiers address or instant |
| 618 | message name on or after October 1, 2007. The department shall |
| 619 | establish an online system through which sexual offenders may |
| 620 | securely access and update all electronic mail address and |
| 621 | Internet identifier instant message name information. |
| 622 | (7) A sexual offender who intends to establish a |
| 623 | permanent, temporary, or transient residence in another state or |
| 624 | jurisdiction other than the State of Florida shall report in |
| 625 | person to the sheriff of the county of current residence within |
| 626 | 48 hours before the date he or she intends to leave this state |
| 627 | to establish residence in another state or jurisdiction or |
| 628 | within 21 days before his or her planned departure date if the |
| 629 | intended residence of 7 days or more is outside of the United |
| 630 | States. The notification must include the address, municipality, |
| 631 | county, and state, and country of intended residence. The |
| 632 | sheriff shall promptly provide to the department the information |
| 633 | received from the sexual offender. The department shall notify |
| 634 | the statewide law enforcement agency, or a comparable agency, in |
| 635 | the intended state, or jurisdiction, or country of residence of |
| 636 | the sexual offender's intended residence. The failure of a |
| 637 | sexual offender to provide his or her intended place of |
| 638 | residence is punishable as provided in subsection (9). |
| 639 | (8) A sexual offender who indicates his or her intent to |
| 640 | establish a permanent, temporary, or transient residence in |
| 641 | another state, a or jurisdiction other than the State of |
| 642 | Florida, or another country and later decides to remain in this |
| 643 | state shall, within 48 hours after the date upon which the |
| 644 | sexual offender indicated he or she would leave this state, |
| 645 | report in person to the sheriff to which the sexual offender |
| 646 | reported the intended change of permanent, temporary, or |
| 647 | transient residence, and report his or her intent to remain in |
| 648 | this state. The sheriff shall promptly report this information |
| 649 | to the department. A sexual offender who reports his or her |
| 650 | intent to establish a permanent, temporary, or transient |
| 651 | residence in another state, a or jurisdiction other than the |
| 652 | State of Florida, or another country but who remains in this |
| 653 | state without reporting to the sheriff in the manner required by |
| 654 | this subsection commits a felony of the second degree, |
| 655 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 656 | (14) |
| 657 | (c) The sheriff's office may determine the appropriate |
| 658 | times and days for reporting by the sexual offender, which shall |
| 659 | be consistent with the reporting requirements of this |
| 660 | subsection. Reregistration shall include any changes to the |
| 661 | following information: |
| 662 | 1. Name; social security number; age; race; sex; date of |
| 663 | birth; height; weight; hair and eye color; address of any |
| 664 | permanent residence and address of any current temporary |
| 665 | residence, within the state or out of state, including a rural |
| 666 | route address and a post office box; if no permanent or |
| 667 | temporary address, any transient residence within the state; |
| 668 | address, location or description, and dates of any current or |
| 669 | known future temporary residence within the state or out of |
| 670 | state; all any electronic mail addresses address and all |
| 671 | Internet identifiers any instant message name required to be |
| 672 | provided pursuant to paragraph (4)(d); all home telephone |
| 673 | numbers number and all any cellular telephone numbers number; |
| 674 | date and place of any employment; vehicle make, model, color, |
| 675 | and license tag number; fingerprints; and photograph. A post |
| 676 | office box shall not be provided in lieu of a physical |
| 677 | residential address. The sexual offender must also produce or |
| 678 | provide information about his or her passport, if he or she has |
| 679 | a passport, and, if he or she is an alien, must produce or |
| 680 | provide information about documents establishing his or her |
| 681 | immigration status. |
| 682 | 2. If the sexual offender is enrolled, employed, or |
| 683 | carrying on a vocation at an institution of higher education in |
| 684 | this state, the sexual offender shall also provide to the |
| 685 | department the name, address, and county of each institution, |
| 686 | including each campus attended, and the sexual offender's |
| 687 | enrollment or employment status. |
| 688 | 3. If the sexual offender's place of residence is a motor |
| 689 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 690 | in chapter 320, the sexual offender shall also provide the |
| 691 | vehicle identification number; the license tag number; the |
| 692 | registration number; and a description, including color scheme, |
| 693 | of the motor vehicle, trailer, mobile home, or manufactured |
| 694 | home. If the sexual offender's place of residence is a vessel, |
| 695 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 696 | sexual offender shall also provide the hull identification |
| 697 | number; the manufacturer's serial number; the name of the |
| 698 | vessel, live-aboard vessel, or houseboat; the registration |
| 699 | number; and a description, including color scheme, of the |
| 700 | vessel, live-aboard vessel or houseboat. |
| 701 | 4. Any sexual offender who fails to report in person as |
| 702 | required at the sheriff's office, or who fails to respond to any |
| 703 | address verification correspondence from the department within 3 |
| 704 | weeks of the date of the correspondence or who fails to report |
| 705 | all electronic mail addresses and all Internet identifiers or |
| 706 | instant message names, commits a felony of the third degree, |
| 707 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 708 | Section 4. Section 943.04351, Florida Statutes, is amended |
| 709 | to read: |
| 710 | 943.04351 Search of registration information regarding |
| 711 | sexual predators and sexual offenders required prior to |
| 712 | appointment or employment.-A state agency or governmental |
| 713 | subdivision, prior to making any decision to appoint or employ a |
| 714 | person to work, whether for compensation or as a volunteer, at |
| 715 | any park, playground, day care center, or other place where |
| 716 | children regularly congregate, must conduct a search of that |
| 717 | person's name or other identifying information against the |
| 718 | registration information regarding sexual predators and sexual |
| 719 | offenders maintained by the Department of Law Enforcement under |
| 720 | s. 943.043. The agency or governmental subdivision may conduct |
| 721 | the search using the Internet site maintained by the Department |
| 722 | of Law Enforcement. Also, a national search must be conducted |
| 723 | through the Dru Sjodin National Sex Offender Public Website |
| 724 | maintained by the United States Department of Justice. This |
| 725 | section does not apply to those positions or appointments within |
| 726 | a state agency or governmental subdivision for which a state and |
| 727 | national criminal history background check is conducted. |
| 728 | Section 5. Section 943.04354, Florida Statutes, is amended |
| 729 | to read: |
| 730 | 943.04354 Removal of the requirement to register as a |
| 731 | sexual offender or sexual predator in special circumstances.- |
| 732 | (1) For purposes of this section, a person shall be |
| 733 | considered for removal of the requirement to register as a |
| 734 | sexual offender or sexual predator only if the person: |
| 735 | (a) Was or will be convicted or adjudicated delinquent of |
| 736 | a violation of s. 794.011, s. 800.04, s. 827.071, or s. |
| 737 | 847.0135(5) or the person committed a violation of s. 794.011, |
| 738 | s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication |
| 739 | of guilt was or will be withheld, and the person does not have |
| 740 | any other conviction, adjudication of delinquency, or withhold |
| 741 | of adjudication of guilt for a violation of s. 794.011, s. |
| 742 | 800.04, s. 827.071, or s. 847.0135(5); |
| 743 | (b) Is required to register as a sexual offender or sexual |
| 744 | predator solely on the basis of this violation; and |
| 745 | (c) Is not more than 4 years older than the victim of this |
| 746 | violation who was 13 14 years of age or older but not more than |
| 747 | 18 17 years of age at the time the person committed this |
| 748 | violation. |
| 749 | (2) If a person meets the criteria in subsection (1) and |
| 750 | the violation of s. 794.011, s. 800.04, s. 827.071, or s. |
| 751 | 847.0135(5) was committed on or after July 1, 2007, the person |
| 752 | may move the court that will sentence or dispose of this |
| 753 | violation to remove the requirement that the person register as |
| 754 | a sexual offender or sexual predator. The person must allege in |
| 755 | the motion that he or she meets the criteria in subsection (1) |
| 756 | and that removal of the registration requirement will not |
| 757 | conflict with federal law. The state attorney must be given |
| 758 | notice of the motion at least 21 days before the date of |
| 759 | sentencing or disposition of this violation and may present |
| 760 | evidence in opposition to the requested relief or may otherwise |
| 761 | demonstrate why the motion should be denied. At sentencing or |
| 762 | disposition of this violation, the court shall rule on this |
| 763 | motion and, if the court determines the person meets the |
| 764 | criteria in subsection (1) and the removal of the registration |
| 765 | requirement will not conflict with federal law, it may grant the |
| 766 | motion and order the removal of the registration requirement. If |
| 767 | the court denies the motion, the person is not authorized under |
| 768 | this section to petition for removal of the registration |
| 769 | requirement. |
| 770 | (3)(a) This subsection applies to a person who: |
| 771 | 1. Is not a person described in subsection (2) because the |
| 772 | violation of s. 794.011, s. 800.04, or s. 827.071 was not |
| 773 | committed on or after July 1, 2007; |
| 774 | 1.2. Is subject to registration as a sexual offender or |
| 775 | sexual predator for a violation of s. 794.011, s. 800.04, or s. |
| 776 | 827.071; and |
| 777 | 2.3. Meets the criteria in subsection (1). |
| 778 | (b) A person may petition the court in which the sentence |
| 779 | or disposition for the violation of s. 794.011, s. 800.04, or s. |
| 780 | 827.071 occurred for removal of the requirement to register as a |
| 781 | sexual offender or sexual predator. The person must allege in |
| 782 | the petition that he or she meets the criteria in subsection (1) |
| 783 | and removal of the registration requirement will not conflict |
| 784 | with federal law. The state attorney must be given notice of the |
| 785 | petition at least 21 days before the hearing on the petition and |
| 786 | may present evidence in opposition to the requested relief or |
| 787 | may otherwise demonstrate why the petition should be denied. The |
| 788 | court shall rule on the petition and, if the court determines |
| 789 | the person meets the criteria in subsection (1) and removal of |
| 790 | the registration requirement will not conflict with federal law, |
| 791 | it may grant the petition and order the removal of the |
| 792 | registration requirement. If the court denies the petition, the |
| 793 | person is not authorized under this section to file any further |
| 794 | petition for removal of the registration requirement. |
| 795 | (4) If a person provides to the Department of Law |
| 796 | Enforcement a certified copy of the court's order removing the |
| 797 | requirement that the person register as a sexual offender or |
| 798 | sexual predator for the violation of s. 794.011, s. 800.04, s. |
| 799 | 827.071, or s. 847.0135(5), the registration requirement will |
| 800 | not apply to the person and the department shall remove all |
| 801 | information about the person from the public registry of sexual |
| 802 | offenders and sexual predators maintained by the department. |
| 803 | However, the removal of this information from the public |
| 804 | registry does not mean that the public is denied access to |
| 805 | information about the person's criminal history or record that |
| 806 | is otherwise available as a public record. |
| 807 | Section 6. Subsection (2) and paragraph (a) of subsection |
| 808 | (3) of section 943.0437, Florida Statutes, are amended to read: |
| 809 | 943.0437 Commercial social networking websites.- |
| 810 | (2) The department may provide information relating to |
| 811 | electronic mail addresses and Internet identifiers instant |
| 812 | message names maintained as part of the sexual offender registry |
| 813 | to commercial social networking websites or third parties |
| 814 | designated by commercial social networking websites. The |
| 815 | commercial social networking website may use this information |
| 816 | for the purpose of comparing registered users and screening |
| 817 | potential users of the commercial social networking website |
| 818 | against the list of electronic mail addresses and Internet |
| 819 | identifiers instant message names provided by the department. |
| 820 | (3) This section shall not be construed to impose any |
| 821 | civil liability on a commercial social networking website for: |
| 822 | (a) Any action voluntarily taken in good faith to remove |
| 823 | or disable any profile of a registered user associated with an |
| 824 | electronic mail address or Internet identifier instant message |
| 825 | name contained in the sexual offender registry. |
| 826 | Section 7. Paragraphs (b) and (d) of subsection (1) and |
| 827 | paragraph (a) of subsection (3) of section 944.606, Florida |
| 828 | Statutes, are amended to read: |
| 829 | 944.606 Sexual offenders; notification upon release.- |
| 830 | (1) As used in this section: |
| 831 | (b) "Sexual offender" means a person who has been |
| 832 | convicted of committing, or attempting, soliciting, or |
| 833 | conspiring to commit, any of the criminal offenses proscribed in |
| 834 | the following statutes in this state or similar offenses in |
| 835 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
| 836 | where the victim is a minor and the defendant is not the |
| 837 | victim's parent or guardian; s. 794.011, excluding s. |
| 838 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. |
| 839 | 825.1025; s. 826.04 where the victim is a minor and the |
| 840 | defendant is 18 years of age or older; s. 827.071; s. 847.0133; |
| 841 | s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; |
| 842 | s. 847.0145; or s. 985.701(1); or any similar offense committed |
| 843 | in this state which has been redesignated from a former statute |
| 844 | number to one of those listed in this subsection, when the |
| 845 | department has received verified information regarding such |
| 846 | conviction; an offender's computerized criminal history record |
| 847 | is not, in and of itself, verified information. |
| 848 | (d) "Internet identifier Instant message name" has the |
| 849 | same meaning as provided in s. 775.21 means an identifier that |
| 850 | allows a person to communicate in real time with another person |
| 851 | using the Internet. |
| 852 | (3)(a) The department must provide information regarding |
| 853 | any sexual offender who is being released after serving a period |
| 854 | of incarceration for any offense, as follows: |
| 855 | 1. The department must provide: the sexual offender's |
| 856 | name, any change in the offender's name by reason of marriage or |
| 857 | other legal process, and any alias, if known; the correctional |
| 858 | facility from which the sexual offender is released; the sexual |
| 859 | offender's social security number, race, sex, date of birth, |
| 860 | height, weight, and hair and eye color; address of any planned |
| 861 | permanent residence or temporary residence, within the state or |
| 862 | out of state, including a rural route address and a post office |
| 863 | box; if no permanent or temporary address, any transient |
| 864 | residence within the state; address, location or description, |
| 865 | and dates of any known future temporary residence within the |
| 866 | state or out of state; date and county of sentence and each |
| 867 | crime for which the offender was sentenced; a copy of the |
| 868 | offender's fingerprints and a digitized photograph taken within |
| 869 | 60 days before release; the date of release of the sexual |
| 870 | offender; all any electronic mail addresses address and all |
| 871 | Internet identifiers any instant message name required to be |
| 872 | provided pursuant to s. 943.0435(4)(d); all and home telephone |
| 873 | numbers number and any cellular telephone numbers; and passport |
| 874 | information, if he or she has a passport, and, if he or she is |
| 875 | an alien, information about documents establishing his or her |
| 876 | immigration status number. The department shall notify the |
| 877 | Department of Law Enforcement if the sexual offender escapes, |
| 878 | absconds, or dies. If the sexual offender is in the custody of a |
| 879 | private correctional facility, the facility shall take the |
| 880 | digitized photograph of the sexual offender within 60 days |
| 881 | before the sexual offender's release and provide this photograph |
| 882 | to the Department of Corrections and also place it in the sexual |
| 883 | offender's file. If the sexual offender is in the custody of a |
| 884 | local jail, the custodian of the local jail shall register the |
| 885 | offender within 3 business days after intake of the offender for |
| 886 | any reason and upon release, and shall notify the Department of |
| 887 | Law Enforcement of the sexual offender's release and provide to |
| 888 | the Department of Law Enforcement the information specified in |
| 889 | this paragraph and any information specified in subparagraph 2. |
| 890 | that the Department of Law Enforcement requests. |
| 891 | 2. The department may provide any other information deemed |
| 892 | necessary, including criminal and corrections records, |
| 893 | nonprivileged personnel and treatment records, when available. |
| 894 | Section 8. Paragraphs (a) and (f) of subsection (1), |
| 895 | paragraph (a) of subsection (4), paragraph (b) of subsection |
| 896 | (6), and paragraph (c) of subsection (13) of section 944.607, |
| 897 | Florida Statutes, are amended to read: |
| 898 | 944.607 Notification to Department of Law Enforcement of |
| 899 | information on sexual offenders.- |
| 900 | (1) As used in this section, the term: |
| 901 | (a) "Sexual offender" means a person who is in the custody |
| 902 | or control of, or under the supervision of, the department or is |
| 903 | in the custody of a private correctional facility: |
| 904 | 1. On or after October 1, 1997, as a result of a |
| 905 | conviction for committing, or attempting, soliciting, or |
| 906 | conspiring to commit, any of the criminal offenses proscribed in |
| 907 | the following statutes in this state or similar offenses in |
| 908 | another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), |
| 909 | where the victim is a minor and the defendant is not the |
| 910 | victim's parent or guardian; s. 794.011, excluding s. |
| 911 | 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. |
| 912 | 825.1025; s. 826.04 where the victim is a minor and the |
| 913 | defendant is 18 years of age or older; s. 827.071; s. 847.0133; |
| 914 | s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; |
| 915 | s. 847.0145; or s. 985.701(1); or any similar offense committed |
| 916 | in this state which has been redesignated from a former statute |
| 917 | number to one of those listed in this paragraph; or |
| 918 | 2. Who establishes or maintains a residence in this state |
| 919 | and who has not been designated as a sexual predator by a court |
| 920 | of this state but who has been designated as a sexual predator, |
| 921 | as a sexually violent predator, or by another sexual offender |
| 922 | designation in another state or jurisdiction and was, as a |
| 923 | result of such designation, subjected to registration or |
| 924 | community or public notification, or both, or would be if the |
| 925 | person were a resident of that state or jurisdiction, without |
| 926 | regard as to whether the person otherwise meets the criteria for |
| 927 | registration as a sexual offender. |
| 928 | (f) "Internet identifier Instant message name" has the |
| 929 | same meaning as provided in s. 775.21 means an identifier that |
| 930 | allows a person to communicate in real time with another person |
| 931 | using the Internet. |
| 932 | (4) A sexual offender, as described in this section, who |
| 933 | is under the supervision of the Department of Corrections but is |
| 934 | not incarcerated must register with the Department of |
| 935 | Corrections within 3 business days after sentencing for a |
| 936 | registrable offense and otherwise provide information as |
| 937 | required by this subsection. |
| 938 | (a) The sexual offender shall provide his or her name; |
| 939 | date of birth; social security number; race; sex; height; |
| 940 | weight; hair and eye color; tattoos or other identifying marks; |
| 941 | all any electronic mail addresses address and all Internet |
| 942 | identifiers any instant message name required to be provided |
| 943 | pursuant to s. 943.0435(4)(d); permanent or legal residence and |
| 944 | address of temporary residence within the state or out of state |
| 945 | while the sexual offender is under supervision in this state, |
| 946 | including any rural route address or post office box; if no |
| 947 | permanent or temporary address, any transient residence within |
| 948 | the state; and address, location or description, and dates of |
| 949 | any current or known future temporary residence within the state |
| 950 | or out of state. The sexual offender must also produce or |
| 951 | provide information about his or her passport, if he or she has |
| 952 | a passport, and, if he or she is an alien, must produce or |
| 953 | provide information about documents establishing his or her |
| 954 | immigration status. The Department of Corrections shall verify |
| 955 | the address of each sexual offender in the manner described in |
| 956 | ss. 775.21 and 943.0435. The department shall report to the |
| 957 | Department of Law Enforcement any failure by a sexual predator |
| 958 | or sexual offender to comply with registration requirements. |
| 959 | (6) The information provided to the Department of Law |
| 960 | Enforcement must include: |
| 961 | (b) The sexual offender's most current address, place of |
| 962 | permanent, temporary, or transient residence within the state or |
| 963 | out of state, and address, location or description, and dates of |
| 964 | any current or known future temporary residence within the state |
| 965 | or out of state, while the sexual offender is under supervision |
| 966 | in this state, including the name of the county or municipality |
| 967 | in which the offender permanently or temporarily resides, or has |
| 968 | a transient residence, and address, location or description, and |
| 969 | dates of any current or known future temporary residence within |
| 970 | the state or out of state, and, if known, the intended place of |
| 971 | permanent, temporary, or transient residence, and address, |
| 972 | location or description, and dates of any current or known |
| 973 | future temporary residence within the state or out of state upon |
| 974 | satisfaction of all sanctions. The sexual offender must also |
| 975 | produce or provide information about his or her passport, if he |
| 976 | or she has a passport, and, if he or she is an alien, must |
| 977 | produce or provide information about documents establishing his |
| 978 | or her immigration status; |
| 979 |
|
| 980 | If any information provided by the department changes during the |
| 981 | time the sexual offender is under the department's control, |
| 982 | custody, or supervision, including any change in the offender's |
| 983 | name by reason of marriage or other legal process, the |
| 984 | department shall, in a timely manner, update the information and |
| 985 | provide it to the Department of Law Enforcement in the manner |
| 986 | prescribed in subsection (2). |
| 987 | (13) |
| 988 | (c) The sheriff's office may determine the appropriate |
| 989 | times and days for reporting by the sexual offender, which shall |
| 990 | be consistent with the reporting requirements of this |
| 991 | subsection. Reregistration shall include any changes to the |
| 992 | following information: |
| 993 | 1. Name; social security number; age; race; sex; date of |
| 994 | birth; height; weight; hair and eye color; address of any |
| 995 | permanent residence and address of any current temporary |
| 996 | residence, within the state or out of state, including a rural |
| 997 | route address and a post office box; if no permanent or |
| 998 | temporary address, any transient residence; address, location or |
| 999 | description, and dates of any current or known future temporary |
| 1000 | residence within the state or out of state; all any electronic |
| 1001 | mail addresses address and all Internet identifiers any instant |
| 1002 | message name required to be provided pursuant to s. |
| 1003 | 943.0435(4)(d); date and place of any employment; vehicle make, |
| 1004 | model, color, and license tag number; fingerprints; and |
| 1005 | photograph. A post office box shall not be provided in lieu of a |
| 1006 | physical residential address. The sexual offender must also |
| 1007 | produce or provide information about his or her passport, if he |
| 1008 | or she has a passport, and, if he or she is an alien, must |
| 1009 | produce or provide information about documents establishing his |
| 1010 | or her immigration status. |
| 1011 | 2. If the sexual offender is enrolled, employed, or |
| 1012 | carrying on a vocation at an institution of higher education in |
| 1013 | this state, the sexual offender shall also provide to the |
| 1014 | department the name, address, and county of each institution, |
| 1015 | including each campus attended, and the sexual offender's |
| 1016 | enrollment or employment status. |
| 1017 | 3. If the sexual offender's place of residence is a motor |
| 1018 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 1019 | in chapter 320, the sexual offender shall also provide the |
| 1020 | vehicle identification number; the license tag number; the |
| 1021 | registration number; and a description, including color scheme, |
| 1022 | of the motor vehicle, trailer, mobile home, or manufactured |
| 1023 | home. If the sexual offender's place of residence is a vessel, |
| 1024 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 1025 | sexual offender shall also provide the hull identification |
| 1026 | number; the manufacturer's serial number; the name of the |
| 1027 | vessel, live-aboard vessel, or houseboat; the registration |
| 1028 | number; and a description, including color scheme, of the |
| 1029 | vessel, live-aboard vessel or houseboat. |
| 1030 | 4. Any sexual offender who fails to report in person as |
| 1031 | required at the sheriff's office, or who fails to respond to any |
| 1032 | address verification correspondence from the department within 3 |
| 1033 | weeks of the date of the correspondence, or who fails to report |
| 1034 | all electronic mail addresses and all Internet identifiers or |
| 1035 | instant message names, commits a felony of the third degree, |
| 1036 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
| 1037 | Section 9. Subsection (11) of section 947.005, Florida |
| 1038 | Statutes, is amended to read: |
| 1039 | 947.005 Definitions.-As used in this chapter, unless the |
| 1040 | context clearly indicates otherwise: |
| 1041 | (11) "Risk assessment" means an assessment completed by a |
| 1042 | an independent qualified practitioner to evaluate the level of |
| 1043 | risk associated when a sex offender has contact with a child. |
| 1044 | Section 10. Section 948.31, Florida Statutes, is amended |
| 1045 | to read: |
| 1046 | 948.31 Evaluation and treatment of sexual predators and |
| 1047 | offenders on probation or community control.-Conditions imposed |
| 1048 | pursuant to this section do not require oral pronouncement at |
| 1049 | the time of sentencing and shall be considered standard |
| 1050 | conditions of probation or community control for offenders |
| 1051 | specified in this section. The court shall require an evaluation |
| 1052 | by a qualified practitioner to determine the need of a |
| 1053 | probationer or community controllee for treatment. If the court |
| 1054 | determines that a need therefor is established by the evaluation |
| 1055 | process, the court shall require sexual offender treatment as a |
| 1056 | term or condition of probation or community control for any |
| 1057 | person who is required to register as a sexual predator under s. |
| 1058 | 775.21 or sexual offender under s. 943.0435, s. 944.606, or s. |
| 1059 | 944.607. Such treatment shall be required to be obtained from a |
| 1060 | qualified practitioner as defined in s. 948.001. Treatment may |
| 1061 | not be administered by a qualified practitioner who has been |
| 1062 | convicted or adjudicated delinquent of committing, or |
| 1063 | attempting, soliciting, or conspiring to commit, any offense |
| 1064 | that is listed in s. 943.0435(1)(a)1.a.(I). The court shall |
| 1065 | impose a restriction against contact with minors if sexual |
| 1066 | offender treatment is recommended. The evaluation and |
| 1067 | recommendations for treatment of the probationer or community |
| 1068 | controllee shall be provided to the court for review. |
| 1069 | Section 11. Paragraph (a) of subsection (3) of section |
| 1070 | 985.481, Florida Statutes, is amended to read: |
| 1071 | 985.481 Sexual offenders adjudicated delinquent; |
| 1072 | notification upon release.- |
| 1073 | (3)(a) The department must provide information regarding |
| 1074 | any sexual offender who is being released after serving a period |
| 1075 | of residential commitment under the department for any offense, |
| 1076 | as follows: |
| 1077 | 1. The department must provide the sexual offender's name, |
| 1078 | any change in the offender's name by reason of marriage or other |
| 1079 | legal process, and any alias, if known; the correctional |
| 1080 | facility from which the sexual offender is released; the sexual |
| 1081 | offender's social security number, race, sex, date of birth, |
| 1082 | height, weight, and hair and eye color; address of any planned |
| 1083 | permanent residence or temporary residence, within the state or |
| 1084 | out of state, including a rural route address and a post office |
| 1085 | box; if no permanent or temporary address, any transient |
| 1086 | residence within the state; address, location or description, |
| 1087 | and dates of any known future temporary residence within the |
| 1088 | state or out of state; date and county of disposition and each |
| 1089 | crime for which there was a disposition; a copy of the |
| 1090 | offender's fingerprints and a digitized photograph taken within |
| 1091 | 60 days before release; the date of release of the sexual |
| 1092 | offender; all and home telephone numbers number and any cellular |
| 1093 | telephone numbers; and passport information, if he or she has a |
| 1094 | passport, and, if he or she is an alien, information about |
| 1095 | documents establishing his or her immigration status number. The |
| 1096 | department shall notify the Department of Law Enforcement if the |
| 1097 | sexual offender escapes, absconds, or dies. If the sexual |
| 1098 | offender is in the custody of a private correctional facility, |
| 1099 | the facility shall take the digitized photograph of the sexual |
| 1100 | offender within 60 days before the sexual offender's release and |
| 1101 | also place it in the sexual offender's file. If the sexual |
| 1102 | offender is in the custody of a local jail, the custodian of the |
| 1103 | local jail shall register the offender within 3 business days |
| 1104 | after intake of the offender for any reason and upon release, |
| 1105 | and shall notify the Department of Law Enforcement of the sexual |
| 1106 | offender's release and provide to the Department of Law |
| 1107 | Enforcement the information specified in this subparagraph and |
| 1108 | any information specified in subparagraph 2. which the |
| 1109 | Department of Law Enforcement requests. |
| 1110 | 2. The department may provide any other information |
| 1111 | considered necessary, including criminal and delinquency |
| 1112 | records, when available. |
| 1113 | Section 12. Paragraph (a) of subsection (4), paragraph (a) |
| 1114 | of subsection (6), and paragraph (b) of subsection (13) of |
| 1115 | section 985.4815, Florida Statutes, are amended to read: |
| 1116 | 985.4815 Notification to Department of Law Enforcement of |
| 1117 | information on juvenile sexual offenders.- |
| 1118 | (4) A sexual offender, as described in this section, who |
| 1119 | is under the supervision of the department but who is not |
| 1120 | committed must register with the department within 3 business |
| 1121 | days after adjudication and disposition for a registrable |
| 1122 | offense and otherwise provide information as required by this |
| 1123 | subsection. |
| 1124 | (a) The sexual offender shall provide his or her name; |
| 1125 | date of birth; social security number; race; sex; height; |
| 1126 | weight; hair and eye color; tattoos or other identifying marks; |
| 1127 | permanent or legal residence and address of temporary residence |
| 1128 | within the state or out of state while the sexual offender is in |
| 1129 | the care or custody or under the jurisdiction or supervision of |
| 1130 | the department in this state, including any rural route address |
| 1131 | or post office box; if no permanent or temporary address, any |
| 1132 | transient residence; address, location or description, and dates |
| 1133 | of any current or known future temporary residence within the |
| 1134 | state or out of state; passport information, if he or she has a |
| 1135 | passport, and, if he or she is an alien, information about |
| 1136 | documents establishing his or her immigration status; and the |
| 1137 | name and address of each school attended. The department shall |
| 1138 | verify the address of each sexual offender and shall report to |
| 1139 | the Department of Law Enforcement any failure by a sexual |
| 1140 | offender to comply with registration requirements. |
| 1141 | (6)(a) The information provided to the Department of Law |
| 1142 | Enforcement must include the following: |
| 1143 | 1. The information obtained from the sexual offender under |
| 1144 | subsection (4). |
| 1145 | 2. The sexual offender's most current address and place of |
| 1146 | permanent, temporary, or transient residence within the state or |
| 1147 | out of state, and address, location or description, and dates of |
| 1148 | any current or known future temporary residence within the state |
| 1149 | or out of state, while the sexual offender is in the care or |
| 1150 | custody or under the jurisdiction or supervision of the |
| 1151 | department in this state, including the name of the county or |
| 1152 | municipality in which the offender permanently or temporarily |
| 1153 | resides, or has a transient residence, and address, location or |
| 1154 | description, and dates of any current or known future temporary |
| 1155 | residence within the state or out of state; and, if known, the |
| 1156 | intended place of permanent, temporary, or transient residence, |
| 1157 | and address, location or description, and dates of any current |
| 1158 | or known future temporary residence within the state or out of |
| 1159 | state upon satisfaction of all sanctions. The sexual offender |
| 1160 | must also produce or provide information about his or her |
| 1161 | passport, if he or she has a passport, and, if he or she is an |
| 1162 | alien, must produce or provide information about documents |
| 1163 | establishing his or her immigration status. |
| 1164 | 3. The legal status of the sexual offender and the |
| 1165 | scheduled termination date of that legal status. |
| 1166 | 4. The location of, and local telephone number for, any |
| 1167 | department office that is responsible for supervising the sexual |
| 1168 | offender. |
| 1169 | 5. An indication of whether the victim of the offense that |
| 1170 | resulted in the offender's status as a sexual offender was a |
| 1171 | minor. |
| 1172 | 6. The offense or offenses at adjudication and disposition |
| 1173 | that resulted in the determination of the offender's status as a |
| 1174 | sex offender. |
| 1175 | 7. A digitized photograph of the sexual offender, which |
| 1176 | must have been taken within 60 days before the offender was |
| 1177 | released from the custody of the department or a private |
| 1178 | correctional facility by expiration of sentence under s. |
| 1179 | 944.275, or within 60 days after the onset of the department's |
| 1180 | supervision of any sexual offender who is on probation, |
| 1181 | postcommitment probation, residential commitment, nonresidential |
| 1182 | commitment, licensed child-caring commitment, community control, |
| 1183 | conditional release, parole, provisional release, or control |
| 1184 | release or who is supervised by the department under the |
| 1185 | Interstate Compact Agreement for Probationers and Parolees. If |
| 1186 | the sexual offender is in the custody of a private correctional |
| 1187 | facility, the facility shall take a digitized photograph of the |
| 1188 | sexual offender within the time period provided in this |
| 1189 | subparagraph and shall provide the photograph to the department. |
| 1190 | (13) |
| 1191 | (b) The sheriff's office may determine the appropriate |
| 1192 | times and days for reporting by the sexual offender, which shall |
| 1193 | be consistent with the reporting requirements of this |
| 1194 | subsection. Reregistration shall include any changes to the |
| 1195 | following information: |
| 1196 | 1. Name; social security number; age; race; sex; date of |
| 1197 | birth; height; weight; hair and eye color; address of any |
| 1198 | permanent residence and address of any current temporary |
| 1199 | residence, within the state or out of state, including a rural |
| 1200 | route address and a post office box; if no permanent or |
| 1201 | temporary address, any transient residence; address, location or |
| 1202 | description, and dates of any current or known future temporary |
| 1203 | residence within the state or out of state; passport |
| 1204 | information, if he or she has a passport, and, if he or she is |
| 1205 | an alien, information about documents establishing his or her |
| 1206 | immigration status; name and address of each school attended; |
| 1207 | date and place of any employment; vehicle make, model, color, |
| 1208 | and license tag number; fingerprints; and photograph. A post |
| 1209 | office box shall not be provided in lieu of a physical |
| 1210 | residential address. |
| 1211 | 2. If the sexual offender is enrolled, employed, or |
| 1212 | carrying on a vocation at an institution of higher education in |
| 1213 | this state, the sexual offender shall also provide to the |
| 1214 | department the name, address, and county of each institution, |
| 1215 | including each campus attended, and the sexual offender's |
| 1216 | enrollment or employment status. |
| 1217 | 3. If the sexual offender's place of residence is a motor |
| 1218 | vehicle, trailer, mobile home, or manufactured home, as defined |
| 1219 | in chapter 320, the sexual offender shall also provide the |
| 1220 | vehicle identification number; the license tag number; the |
| 1221 | registration number; and a description, including color scheme, |
| 1222 | of the motor vehicle, trailer, mobile home, or manufactured |
| 1223 | home. If the sexual offender's place of residence is a vessel, |
| 1224 | live-aboard vessel, or houseboat, as defined in chapter 327, the |
| 1225 | sexual offender shall also provide the hull identification |
| 1226 | number; the manufacturer's serial number; the name of the |
| 1227 | vessel, live-aboard vessel, or houseboat; the registration |
| 1228 | number; and a description, including color scheme, of the |
| 1229 | vessel, live-aboard vessel, or houseboat. |
| 1230 | 4. Any sexual offender who fails to report in person as |
| 1231 | required at the sheriff's office, or who fails to respond to any |
| 1232 | address verification correspondence from the department within 3 |
| 1233 | weeks after the date of the correspondence, commits a felony of |
| 1234 | the third degree, punishable as provided in ss. 775.082, |
| 1235 | 775.083, and 775.084. |
| 1236 | Section 13. If any provision of this act or its |
| 1237 | application to any person or circumstance is held invalid, the |
| 1238 | invalidity does not affect other provisions or applications of |
| 1239 | this act which can be given effect without the invalid provision |
| 1240 | or application, and to this end the provisions of this act are |
| 1241 | severable. |
| 1242 | Section 14. This act shall take effect April 20, 2012. |