CS/CS/CS/HB 1277

1
A bill to be entitled
2An act relating to sexual offenses; amending s. 775.21,
3F.S.; replacing the definition of the term "instant
4message name" with the definition of the term "Internet
5identifier"; providing that voluntary disclosure of
6specified information waives a disclosure exemption for
7such information; conforming provisions; requiring
8disclosure of passport and immigration status information;
9requiring that a sexual predator who is unable to secure
10or update a driver's license or identification card within
11a specified period must report specified information to
12the local sheriff's office within a specified period after
13such change with confirmation that he or she also reported
14such information to the Department of Highway Safety and
15Motor Vehicles; revising reporting requirements if a
16sexual predator plans to leave the United States for more
17than a specified period; amending s. 943.0435, F.S.;
18replacing the definition of the term "instant message
19name" with the definition of the term "Internet
20identifier"; conforming provisions; requiring disclosure
21of passport and immigration status information; requiring
22that a sexual predator who is unable to secure or update a
23driver's license or identification card within a specified
24period must report specified information to the local
25sheriff's office within a specified period of such change
26with confirmation that he or she also reported such
27information to the Department of Highway Safety and Motor
28Vehicles; providing additional requirements for sexual
29offenders intending to reside outside of the United
30States; amending s. 943.04351, F.S.; requiring a specified
31national search of registration information regarding
32sexual predators and sexual offenders prior to appointment
33or employment of persons by state agencies and
34governmental subdivisions; amending s. 943.04354, F.S.;
35revising the age range applicable to provisions allowing
36removal of the requirement to register as a sexual
37offender or sexual predator in certain circumstances;
38revising eligibility requirements for removal of the
39requirement to register as a sexual offender or sexual
40predator; amending s. 943.0437, F.S.; replacing the
41definition of the term "instant message name" with the
42definition of the term "Internet identifier"; conforming
43provisions; amending ss. 944.606 and 944.607, F.S.;
44replacing the definition of the term "instant message
45name" with the definition of the term "Internet
46identifier"; conforming provisions; requiring disclosure
47of passport and immigration status information; amending
48s. 947.005, F.S.; revising the definition of the term
49"risk assessment"; amending s. 948.31, F.S.; providing
50that conditions imposed under that section do not require
51oral pronouncement at the time of sentencing and shall be
52considered standard conditions of probation or community
53control for certain offenders; removing a provision
54prohibiting contact with minors if sexual offender
55treatment is recommended; amending ss. 985.481 and
56985.4815, F.S.; requiring disclosure of passport and
57immigration status information by certain sexual offenders
58adjudicated delinquent and certain juvenile sexual
59offenders; providing a short title; amending s. 39.001,
60F.S.; providing legislative intent and goals; conforming
61cross-references; amending s. 39.01, F.S.; revising the
62definitions of the terms "abuse," "child who is found to
63be dependent," and "sexual abuse of a child"; amending s.
6439.401, F.S.; requiring delivery of children alleged to be
65dependent and sexually exploited to short-term safe
66houses; amending s. 39.402, F.S.; providing for a
67presumption that placement of a child alleged to have been
68sexually exploited in a short-term safe house is
69necessary; providing requirements for findings in a
70shelter hearing relating to placement of an allegedly
71sexually exploited child in a short-term safe house;
72amending s. 39.521, F.S.; providing for a presumption that
73placement of a child alleged to have been sexually
74exploited in a safe house is necessary; creating s.
7539.524, F.S.; requiring assessment of certain children for
76placement in a safe house; providing for use of such
77assessments; providing requirements for safe houses
78receiving such children; requiring an annual report
79concerning safe-house placements; creating s. 409.1678,
80F.S.; providing definitions; requiring circuits of the
81Department of Children and Family Services to address
82child welfare service needs of sexually exploited children
83as a component of their master plans; providing duties,
84responsibilities, and requirements for safe houses and
85their operators; providing for training for law
86enforcement officials who are likely to encounter sexually
87exploited children; amending s. 796.07, F.S.; providing
88for an increased civil penalty for soliciting another to
89commit prostitution or related acts; providing for
90disposition of proceeds; amending s. 960.065, F.S.;
91allowing victim compensation for sexually exploited
92children; amending s. 985.115, F.S.; conforming a
93provision to changes made by the act; amending ss. 985.145
94and 985.15, F.S.; providing a presumption against filing a
95delinquency petition for certain prostitution-related
96offenses in certain circumstances; providing severability;
97providing effective dates.
98
99Be It Enacted by the Legislature of the State of Florida:
100
101     Section 1.  Paragraph (i) of subsection (2), paragraphs
102(a), (e), (g), (i), and (j) of subsection (6), paragraph (a) of
103subsection (8), and paragraph (a) of subsection (10) of section
104775.21, Florida Statutes, are amended to read:
105     775.21  The Florida Sexual Predators Act.-
106     (2)  DEFINITIONS.-As used in this section, the term:
107     (i)  "Internet identifier Instant message name" means all
108electronic mail, chat, instant messenger, social networking, or
109similar name used for Internet communication, but does not
110include a date of birth, social security number, or personal
111identification number (PIN) an identifier that allows a person
112to communicate in real time with another person using the
113Internet. Voluntary disclosure by the sexual predator of his or
114her date of birth, social security number, or personal
115identification number (PIN) as an Internet identifier waives the
116disclosure exemption in this paragraph for such personal
117information.
118     (6)  REGISTRATION.-
119     (a)  A sexual predator must register with the department
120through the sheriff's office by providing the following
121information to the department:
122     1.  Name; social security number; age; race; sex; date of
123birth; height; weight; hair and eye color; photograph; address
124of legal residence and address of any current temporary
125residence, within the state or out of state, including a rural
126route address and a post office box; if no permanent or
127temporary address, any transient residence within the state;
128address, location or description, and dates of any current or
129known future temporary residence within the state or out of
130state; all any electronic mail addresses address and all
131Internet identifiers any instant message name required to be
132provided pursuant to subparagraph (g)4.; all home telephone
133numbers number and any cellular telephone numbers number; date
134and place of any employment; date and place of each conviction;
135fingerprints; and a brief description of the crime or crimes
136committed by the offender. A post office box shall not be
137provided in lieu of a physical residential address. The sexual
138predator must also produce or provide information about his or
139her passport, if he or she has a passport, and, if he or she is
140an alien, must produce or provide information about documents
141establishing his or her immigration status.
142     a.  If the sexual predator's place of residence is a motor
143vehicle, trailer, mobile home, or manufactured home, as defined
144in chapter 320, the sexual predator shall also provide to the
145department written notice of the vehicle identification number;
146the license tag number; the registration number; and a
147description, including color scheme, of the motor vehicle,
148trailer, mobile home, or manufactured home. If a sexual
149predator's place of residence is a vessel, live-aboard vessel,
150or houseboat, as defined in chapter 327, the sexual predator
151shall also provide to the department written notice of the hull
152identification number; the manufacturer's serial number; the
153name of the vessel, live-aboard vessel, or houseboat; the
154registration number; and a description, including color scheme,
155of the vessel, live-aboard vessel, or houseboat.
156     b.  If the sexual predator is enrolled, employed, or
157carrying on a vocation at an institution of higher education in
158this state, the sexual predator shall also provide to the
159department the name, address, and county of each institution,
160including each campus attended, and the sexual predator's
161enrollment or employment status. Each change in enrollment or
162employment status shall be reported in person at the sheriff's
163office, or the Department of Corrections if the sexual predator
164is in the custody or control of or under the supervision of the
165Department of Corrections, within 48 hours after any change in
166status. The sheriff or the Department of Corrections shall
167promptly notify each institution of the sexual predator's
168presence and any change in the sexual predator's enrollment or
169employment status.
170     2.  Any other information determined necessary by the
171department, including criminal and corrections records;
172nonprivileged personnel and treatment records; and evidentiary
173genetic markers when available.
174     (e)1.  If the sexual predator is not in the custody or
175control of, or under the supervision of, the Department of
176Corrections or is not in the custody of a private correctional
177facility, the sexual predator shall register in person:
178     a.  At the sheriff's office in the county where he or she
179establishes or maintains a residence within 48 hours after
180establishing or maintaining a residence in this state; and
181     b.  At the sheriff's office in the county where he or she
182was designated a sexual predator by the court within 48 hours
183after such finding is made.
184     2.  Any change in the sexual predator's permanent or
185temporary residence, name, or all any electronic mail addresses
186address and all Internet identifiers any instant message name
187required to be provided pursuant to subparagraph (g)4., after
188the sexual predator registers in person at the sheriff's office
189as provided in subparagraph 1., shall be accomplished in the
190manner provided in paragraphs (g), (i), and (j). When a sexual
191predator registers with the sheriff's office, the sheriff shall
192take a photograph and a set of fingerprints of the predator and
193forward the photographs and fingerprints to the department,
194along with the information that the predator is required to
195provide pursuant to this section.
196     (g)1.  Each time a sexual predator's driver's license or
197identification card is subject to renewal, and, without regard
198to the status of the predator's driver's license or
199identification card, within 48 hours after any change of the
200predator's residence or change in the predator's name by reason
201of marriage or other legal process, the predator shall report in
202person to a driver's license office and shall be subject to the
203requirements specified in paragraph (f). The Department of
204Highway Safety and Motor Vehicles shall forward to the
205department and to the Department of Corrections all photographs
206and information provided by sexual predators. Notwithstanding
207the restrictions set forth in s. 322.142, the Department of
208Highway Safety and Motor Vehicles is authorized to release a
209reproduction of a color-photograph or digital-image license to
210the Department of Law Enforcement for purposes of public
211notification of sexual predators as provided in this section. A
212sexual predator who is unable to secure or update a driver's
213license or identification card with the Department of Highway
214Safety and Motor Vehicles as provided in paragraph (f) and this
215paragraph must also report any change of the predator's
216residence or change in the predator's name by reason of marriage
217or other legal process within 48 hours after the change to the
218sheriff's office in the county where the predator resides or is
219located and provide confirmation that he or she reported such
220information to the Department of Highway Safety and Motor
221Vehicles.
222     2.  A sexual predator who vacates a permanent, temporary,
223or transient residence and fails to establish or maintain
224another permanent, temporary, or transient residence shall,
225within 48 hours after vacating the permanent, temporary, or
226transient residence, report in person to the sheriff's office of
227the county in which he or she is located. The sexual predator
228shall specify the date upon which he or she intends to or did
229vacate such residence. The sexual predator must provide or
230update all of the registration information required under
231paragraph (a). The sexual predator must provide an address for
232the residence or other place that he or she is or will be
233located during the time in which he or she fails to establish or
234maintain a permanent or temporary residence.
235     3.  A sexual predator who remains at a permanent,
236temporary, or transient residence after reporting his or her
237intent to vacate such residence shall, within 48 hours after the
238date upon which the predator indicated he or she would or did
239vacate such residence, report in person to the sheriff's office
240to which he or she reported pursuant to subparagraph 2. for the
241purpose of reporting his or her address at such residence. When
242the sheriff receives the report, the sheriff shall promptly
243convey the information to the department. An offender who makes
244a report as required under subparagraph 2. but fails to make a
245report as required under this subparagraph commits a felony of
246the second degree, punishable as provided in s. 775.082, s.
247775.083, or s. 775.084.
248     4.  A sexual predator must register all any electronic mail
249addresses and Internet identifiers address or instant message
250name with the department prior to using such electronic mail
251addresses and Internet identifiers address or instant message
252name on or after October 1, 2007. The department shall establish
253an online system through which sexual predators may securely
254access and update all electronic mail address and Internet
255identifier instant message name information.
256     (i)  A sexual predator who intends to establish a
257permanent, temporary, or transient residence in another state or
258jurisdiction other than the State of Florida shall report in
259person to the sheriff of the county of current residence within
26048 hours before the date he or she intends to leave this state
261to establish residence in another state or jurisdiction or
262within 21 days before his or her planned departure date if the
263intended residence of 7 days or more is outside of the United
264States. The sexual predator must provide to the sheriff the
265address, municipality, county, and state, and country of
266intended residence. The sheriff shall promptly provide to the
267department the information received from the sexual predator.
268The department shall notify the statewide law enforcement
269agency, or a comparable agency, in the intended state, or
270jurisdiction, or country of residence of the sexual predator's
271intended residence. The failure of a sexual predator to provide
272his or her intended place of residence is punishable as provided
273in subsection (10).
274     (j)  A sexual predator who indicates his or her intent to
275establish a permanent, temporary, or transient residence in
276another state, a or jurisdiction other than the State of
277Florida, or another country and later decides to remain in this
278state shall, within 48 hours after the date upon which the
279sexual predator indicated he or she would leave this state,
280report in person to the sheriff to which the sexual predator
281reported the intended change of residence, and report his or her
282intent to remain in this state. If the sheriff is notified by
283the sexual predator that he or she intends to remain in this
284state, the sheriff shall promptly report this information to the
285department. A sexual predator who reports his or her intent to
286establish a permanent, temporary, or transient residence in
287another state, a or jurisdiction other than the State of
288Florida, or another country, but who remains in this state
289without reporting to the sheriff in the manner required by this
290paragraph, commits a felony of the second degree, punishable as
291provided in s. 775.082, s. 775.083, or s. 775.084.
292     (8)  VERIFICATION.-The department and the Department of
293Corrections shall implement a system for verifying the addresses
294of sexual predators. The system must be consistent with the
295provisions of the federal Adam Walsh Child Protection and Safety
296Act of 2006 and any other federal standards applicable to such
297verification or required to be met as a condition for the
298receipt of federal funds by the state. The Department of
299Corrections shall verify the addresses of sexual predators who
300are not incarcerated but who reside in the community under the
301supervision of the Department of Corrections and shall report to
302the department any failure by a sexual predator to comply with
303registration requirements. County and local law enforcement
304agencies, in conjunction with the department, shall verify the
305addresses of sexual predators who are not under the care,
306custody, control, or supervision of the Department of
307Corrections. Local law enforcement agencies shall report to the
308department any failure by a sexual predator to comply with
309registration requirements.
310     (a)  A sexual predator must report in person each year
311during the month of the sexual predator's birthday and during
312every third month thereafter to the sheriff's office in the
313county in which he or she resides or is otherwise located to
314reregister. The sheriff's office may determine the appropriate
315times and days for reporting by the sexual predator, which shall
316be consistent with the reporting requirements of this paragraph.
317Reregistration shall include any changes to the following
318information:
319     1.  Name; social security number; age; race; sex; date of
320birth; height; weight; hair and eye color; address of any
321permanent residence and address of any current temporary
322residence, within the state or out of state, including a rural
323route address and a post office box; if no permanent or
324temporary address, any transient residence within the state;
325address, location or description, and dates of any current or
326known future temporary residence within the state or out of
327state; all any electronic mail addresses address and all
328Internet identifiers any instant message name required to be
329provided pursuant to subparagraph (6)(g)4.; all home telephone
330numbers number and any cellular telephone numbers number; date
331and place of any employment; vehicle make, model, color, and
332license tag number; fingerprints; and photograph. A post office
333box shall not be provided in lieu of a physical residential
334address. The sexual predator must also produce or provide
335information about his or her passport, if he or she has a
336passport, and, if he or she is an alien, must produce or provide
337information about documents establishing his or her immigration
338status.
339     2.  If the sexual predator is enrolled, employed, or
340carrying on a vocation at an institution of higher education in
341this state, the sexual predator shall also provide to the
342department the name, address, and county of each institution,
343including each campus attended, and the sexual predator's
344enrollment or employment status.
345     3.  If the sexual predator's place of residence is a motor
346vehicle, trailer, mobile home, or manufactured home, as defined
347in chapter 320, the sexual predator shall also provide the
348vehicle identification number; the license tag number; the
349registration number; and a description, including color scheme,
350of the motor vehicle, trailer, mobile home, or manufactured
351home. If the sexual predator's place of residence is a vessel,
352live-aboard vessel, or houseboat, as defined in chapter 327, the
353sexual predator shall also provide the hull identification
354number; the manufacturer's serial number; the name of the
355vessel, live-aboard vessel, or houseboat; the registration
356number; and a description, including color scheme, of the
357vessel, live-aboard vessel, or houseboat.
358     (10)  PENALTIES.-
359     (a)  Except as otherwise specifically provided, a sexual
360predator who fails to register; who fails, after registration,
361to maintain, acquire, or renew a driver's license or
362identification card; who fails to provide required location
363information, electronic mail address information, Internet
364identifier instant message name information, all home telephone
365numbers number and any cellular telephone numbers number, or
366change-of-name information; who fails to make a required report
367in connection with vacating a permanent residence; who fails to
368reregister as required; who fails to respond to any address
369verification correspondence from the department within 3 weeks
370of the date of the correspondence; or who otherwise fails, by
371act or omission, to comply with the requirements of this
372section, commits a felony of the third degree, punishable as
373provided in s. 775.082, s. 775.083, or s. 775.084.
374     Section 2.  Paragraphs (a) and (g) of subsection (1),
375subsection (2), paragraphs (a) and (d) of subsection (4),
376subsections (7) and (8), and paragraph (c) of subsection (14) of
377section 943.0435, Florida Statutes, are amended to read:
378     943.0435  Sexual offenders required to register with the
379department; penalty.-
380     (1)  As used in this section, the term:
381     (a)1.  "Sexual offender" means a person who meets the
382criteria in sub-subparagraph a., sub-subparagraph b., sub-
383subparagraph c., or sub-subparagraph d., as follows:
384     a.(I)  Has been convicted of committing, or attempting,
385soliciting, or conspiring to commit, any of the criminal
386offenses proscribed in the following statutes in this state or
387similar offenses in another jurisdiction: s. 787.01, s. 787.02,
388or s. 787.025(2)(c), where the victim is a minor and the
389defendant is not the victim's parent or guardian; s. 794.011,
390excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
391800.04; s. 825.1025; s. 826.04 where the victim is a minor and
392the defendant is 18 years of age or older; s. 827.071; s.
393847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
394847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
395committed in this state which has been redesignated from a
396former statute number to one of those listed in this sub-sub-
397subparagraph; and
398     (II)  Has been released on or after October 1, 1997, from
399the sanction imposed for any conviction of an offense described
400in sub-sub-subparagraph (I). For purposes of sub-sub-
401subparagraph (I), a sanction imposed in this state or in any
402other jurisdiction includes, but is not limited to, a fine,
403probation, community control, parole, conditional release,
404control release, or incarceration in a state prison, federal
405prison, private correctional facility, or local detention
406facility;
407     b.  Establishes or maintains a residence in this state and
408who has not been designated as a sexual predator by a court of
409this state but who has been designated as a sexual predator, as
410a sexually violent predator, or by another sexual offender
411designation in another state or jurisdiction and was, as a
412result of such designation, subjected to registration or
413community or public notification, or both, or would be if the
414person were a resident of that state or jurisdiction, without
415regard to whether the person otherwise meets the criteria for
416registration as a sexual offender;
417     c.  Establishes or maintains a residence in this state who
418is in the custody or control of, or under the supervision of,
419any other state or jurisdiction as a result of a conviction for
420committing, or attempting, soliciting, or conspiring to commit,
421any of the criminal offenses proscribed in the following
422statutes or similar offense in another jurisdiction: s. 787.01,
423s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
424the defendant is not the victim's parent or guardian; s.
425794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
426796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
427minor and the defendant is 18 years of age or older; s. 827.071;
428s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
429s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
430offense committed in this state which has been redesignated from
431a former statute number to one of those listed in this sub-
432subparagraph; or
433     d.  On or after July 1, 2007, has been adjudicated
434delinquent for committing, or attempting, soliciting, or
435conspiring to commit, any of the criminal offenses proscribed in
436the following statutes in this state or similar offenses in
437another jurisdiction when the juvenile was 14 years of age or
438older at the time of the offense:
439     (I)  Section 794.011, excluding s. 794.011(10);
440     (II)  Section 800.04(4)(b) where the victim is under 12
441years of age or where the court finds sexual activity by the use
442of force or coercion;
443     (III)  Section 800.04(5)(c)1. where the court finds
444molestation involving unclothed genitals; or
445     (IV)  Section 800.04(5)(d) where the court finds the use of
446force or coercion and unclothed genitals.
447     2.  For all qualifying offenses listed in sub-subparagraph
448(1)(a)1.d., the court shall make a written finding of the age of
449the offender at the time of the offense.
450
451For each violation of a qualifying offense listed in this
452subsection, the court shall make a written finding of the age of
453the victim at the time of the offense. For a violation of s.
454800.04(4), the court shall additionally make a written finding
455indicating that the offense did or did not involve sexual
456activity and indicating that the offense did or did not involve
457force or coercion. For a violation of s. 800.04(5), the court
458shall additionally make a written finding that the offense did
459or did not involve unclothed genitals or genital area and that
460the offense did or did not involve the use of force or coercion.
461     (g)  "Internet identifier Instant message name" has the
462same meaning as provided in s. 775.21 means an identifier that
463allows a person to communicate in real time with another person
464using the Internet.
465     (2)  A sexual offender shall:
466     (a)  Report in person at the sheriff's office:
467     1.  In the county in which the offender establishes or
468maintains a permanent, temporary, or transient residence within
46948 hours after:
470     a.  Establishing permanent, temporary, or transient
471residence in this state; or
472     b.  Being released from the custody, control, or
473supervision of the Department of Corrections or from the custody
474of a private correctional facility; or
475     2.  In the county where he or she was convicted within 48
476hours after being convicted for a qualifying offense for
477registration under this section if the offender is not in the
478custody or control of, or under the supervision of, the
479Department of Corrections, or is not in the custody of a private
480correctional facility.
481
482Any change in the information required to be provided pursuant
483to paragraph (b), including, but not limited to, any change in
484the sexual offender's permanent, temporary, or transient
485residence, name, all any electronic mail addresses address and
486all Internet identifiers any instant message name required to be
487provided pursuant to paragraph (4)(d), after the sexual offender
488reports in person at the sheriff's office, shall be accomplished
489in the manner provided in subsections (4), (7), and (8).
490     (b)  Provide his or her name; date of birth; social
491security number; race; sex; height; weight; hair and eye color;
492tattoos or other identifying marks; occupation and place of
493employment; address of permanent or legal residence or address
494of any current temporary residence, within the state or out of
495state, including a rural route address and a post office box; if
496no permanent or temporary address, any transient residence
497within the state, address, location or description, and dates of
498any current or known future temporary residence within the state
499or out of state; all home telephone numbers number and any
500cellular telephone numbers number; all any electronic mail
501addresses address and all Internet identifiers any instant
502message name required to be provided pursuant to paragraph
503(4)(d); date and place of each conviction; and a brief
504description of the crime or crimes committed by the offender. A
505post office box shall not be provided in lieu of a physical
506residential address. The sexual offender must also produce or
507provide information about his or her passport, if he or she has
508a passport, and, if he or she is an alien, must produce or
509provide information about documents establishing his or her
510immigration status.
511     1.  If the sexual offender's place of residence is a motor
512vehicle, trailer, mobile home, or manufactured home, as defined
513in chapter 320, the sexual offender shall also provide to the
514department through the sheriff's office written notice of the
515vehicle identification number; the license tag number; the
516registration number; and a description, including color scheme,
517of the motor vehicle, trailer, mobile home, or manufactured
518home. If the sexual offender's place of residence is a vessel,
519live-aboard vessel, or houseboat, as defined in chapter 327, the
520sexual offender shall also provide to the department written
521notice of the hull identification number; the manufacturer's
522serial number; the name of the vessel, live-aboard vessel, or
523houseboat; the registration number; and a description, including
524color scheme, of the vessel, live-aboard vessel, or houseboat.
525     2.  If the sexual offender is enrolled, employed, or
526carrying on a vocation at an institution of higher education in
527this state, the sexual offender shall also provide to the
528department through the sheriff's office the name, address, and
529county of each institution, including each campus attended, and
530the sexual offender's enrollment or employment status. Each
531change in enrollment or employment status shall be reported in
532person at the sheriff's office, within 48 hours after any change
533in status. The sheriff shall promptly notify each institution of
534the sexual offender's presence and any change in the sexual
535offender's enrollment or employment status.
536
537When a sexual offender reports at the sheriff's office, the
538sheriff shall take a photograph and a set of fingerprints of the
539offender and forward the photographs and fingerprints to the
540department, along with the information provided by the sexual
541offender. The sheriff shall promptly provide to the department
542the information received from the sexual offender.
543     (4)(a)  Each time a sexual offender's driver's license or
544identification card is subject to renewal, and, without regard
545to the status of the offender's driver's license or
546identification card, within 48 hours after any change in the
547offender's permanent, temporary, or transient residence or
548change in the offender's name by reason of marriage or other
549legal process, the offender shall report in person to a driver's
550license office, and shall be subject to the requirements
551specified in subsection (3). The Department of Highway Safety
552and Motor Vehicles shall forward to the department all
553photographs and information provided by sexual offenders.
554Notwithstanding the restrictions set forth in s. 322.142, the
555Department of Highway Safety and Motor Vehicles is authorized to
556release a reproduction of a color-photograph or digital-image
557license to the Department of Law Enforcement for purposes of
558public notification of sexual offenders as provided in this
559section and ss. 943.043 and 944.606. A sexual offender who is
560unable to secure or update a driver's license or identification
561card with the Department of Highway Safety and Motor Vehicles as
562provided in subsection (3) and this subsection must also report
563any change in the sexual offender's permanent, temporary, or
564transient residence or change in the offender's name by reason
565of marriage or other legal process within 48 hours after the
566change to the sheriff's office in the county where the offender
567resides or is located and provide confirmation that he or she
568reported such information to Department of Highway Safety and
569Motor Vehicles.
570     (d)  A sexual offender must register all any electronic
571mail addresses and Internet identifiers address or instant
572message name with the department prior to using such electronic
573mail addresses and Internet identifiers address or instant
574message name on or after October 1, 2007. The department shall
575establish an online system through which sexual offenders may
576securely access and update all electronic mail address and
577Internet identifier instant message name information.
578     (7)  A sexual offender who intends to establish a
579permanent, temporary, or transient residence in another state or
580jurisdiction other than the State of Florida shall report in
581person to the sheriff of the county of current residence within
58248 hours before the date he or she intends to leave this state
583to establish residence in another state or jurisdiction or
584within 21 days before his or her planned departure date if the
585intended residence of 7 days or more is outside of the United
586States. The notification must include the address, municipality,
587county, and state, and country of intended residence. The
588sheriff shall promptly provide to the department the information
589received from the sexual offender. The department shall notify
590the statewide law enforcement agency, or a comparable agency, in
591the intended state, or jurisdiction, or country of residence of
592the sexual offender's intended residence. The failure of a
593sexual offender to provide his or her intended place of
594residence is punishable as provided in subsection (9).
595     (8)  A sexual offender who indicates his or her intent to
596establish a permanent, temporary, or transient residence in
597another state, a or jurisdiction other than the State of
598Florida, or another country and later decides to remain in this
599state shall, within 48 hours after the date upon which the
600sexual offender indicated he or she would leave this state,
601report in person to the sheriff to which the sexual offender
602reported the intended change of permanent, temporary, or
603transient residence, and report his or her intent to remain in
604this state. The sheriff shall promptly report this information
605to the department. A sexual offender who reports his or her
606intent to establish a permanent, temporary, or transient
607residence in another state, a or jurisdiction other than the
608State of Florida, or another country but who remains in this
609state without reporting to the sheriff in the manner required by
610this subsection commits a felony of the second degree,
611punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
612     (14)
613     (c)  The sheriff's office may determine the appropriate
614times and days for reporting by the sexual offender, which shall
615be consistent with the reporting requirements of this
616subsection. Reregistration shall include any changes to the
617following information:
618     1.  Name; social security number; age; race; sex; date of
619birth; height; weight; hair and eye color; address of any
620permanent residence and address of any current temporary
621residence, within the state or out of state, including a rural
622route address and a post office box; if no permanent or
623temporary address, any transient residence within the state;
624address, location or description, and dates of any current or
625known future temporary residence within the state or out of
626state; all any electronic mail addresses address and all
627Internet identifiers any instant message name required to be
628provided pursuant to paragraph (4)(d); all home telephone
629numbers number and all any cellular telephone numbers number;
630date and place of any employment; vehicle make, model, color,
631and license tag number; fingerprints; and photograph. A post
632office box shall not be provided in lieu of a physical
633residential address. The sexual offender must also produce or
634provide information about his or her passport, if he or she has
635a passport, and, if he or she is an alien, must produce or
636provide information about documents establishing his or her
637immigration status.
638     2.  If the sexual offender is enrolled, employed, or
639carrying on a vocation at an institution of higher education in
640this state, the sexual offender shall also provide to the
641department the name, address, and county of each institution,
642including each campus attended, and the sexual offender's
643enrollment or employment status.
644     3.  If the sexual offender's place of residence is a motor
645vehicle, trailer, mobile home, or manufactured home, as defined
646in chapter 320, the sexual offender shall also provide the
647vehicle identification number; the license tag number; the
648registration number; and a description, including color scheme,
649of the motor vehicle, trailer, mobile home, or manufactured
650home. If the sexual offender's place of residence is a vessel,
651live-aboard vessel, or houseboat, as defined in chapter 327, the
652sexual offender shall also provide the hull identification
653number; the manufacturer's serial number; the name of the
654vessel, live-aboard vessel, or houseboat; the registration
655number; and a description, including color scheme, of the
656vessel, live-aboard vessel or houseboat.
657     4.  Any sexual offender who fails to report in person as
658required at the sheriff's office, or who fails to respond to any
659address verification correspondence from the department within 3
660weeks of the date of the correspondence or who fails to report
661all electronic mail addresses and all Internet identifiers or
662instant message names, commits a felony of the third degree,
663punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
664     Section 3.  Section 943.04351, Florida Statutes, is amended
665to read:
666     943.04351  Search of registration information regarding
667sexual predators and sexual offenders required prior to
668appointment or employment.-A state agency or governmental
669subdivision, prior to making any decision to appoint or employ a
670person to work, whether for compensation or as a volunteer, at
671any park, playground, day care center, or other place where
672children regularly congregate, must conduct a search of that
673person's name or other identifying information against the
674registration information regarding sexual predators and sexual
675offenders maintained by the Department of Law Enforcement under
676s. 943.043. The agency or governmental subdivision may conduct
677the search using the Internet site maintained by the Department
678of Law Enforcement. Also, a national search must be conducted
679through the Dru Sjodin National Sex Offender Public Website
680maintained by the United States Department of Justice. This
681section does not apply to those positions or appointments within
682a state agency or governmental subdivision for which a state and
683national criminal history background check is conducted.
684     Section 4.  Section 943.04354, Florida Statutes, is amended
685to read:
686     943.04354  Removal of the requirement to register as a
687sexual offender or sexual predator in special circumstances.-
688     (1)  For purposes of this section, a person shall be
689considered for removal of the requirement to register as a
690sexual offender or sexual predator only if the person:
691     (a)  Was or will be convicted or adjudicated delinquent of
692a violation of s. 794.011, s. 800.04, s. 827.071, or s.
693847.0135(5) or the person committed a violation of s. 794.011,
694s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
695of guilt was or will be withheld, and the person does not have
696any other conviction, adjudication of delinquency, or withhold
697of adjudication of guilt for a violation of s. 794.011, s.
698800.04, s. 827.071, or s. 847.0135(5);
699     (b)  Is required to register as a sexual offender or sexual
700predator solely on the basis of this violation; and
701     (c)  Is not more than 4 years older than the victim of this
702violation who was 13 14 years of age or older but not more than
70318 17 years of age at the time the person committed this
704violation.
705     (2)  If a person meets the criteria in subsection (1) and
706the violation of s. 794.011, s. 800.04, s. 827.071, or s.
707847.0135(5) was committed on or after July 1, 2007, the person
708may move the court that will sentence or dispose of this
709violation to remove the requirement that the person register as
710a sexual offender or sexual predator. The person must allege in
711the motion that he or she meets the criteria in subsection (1)
712and that removal of the registration requirement will not
713conflict with federal law. The state attorney must be given
714notice of the motion at least 21 days before the date of
715sentencing or disposition of this violation and may present
716evidence in opposition to the requested relief or may otherwise
717demonstrate why the motion should be denied. At sentencing or
718disposition of this violation, the court shall rule on this
719motion and, if the court determines the person meets the
720criteria in subsection (1) and the removal of the registration
721requirement will not conflict with federal law, it may grant the
722motion and order the removal of the registration requirement. If
723the court denies the motion, the person is not authorized under
724this section to petition for removal of the registration
725requirement.
726     (3)(a)  This subsection applies to a person who:
727     1.  Is not a person described in subsection (2) because the
728violation of s. 794.011, s. 800.04, or s. 827.071 was not
729committed on or after July 1, 2007;
730     1.2.  Is subject to registration as a sexual offender or
731sexual predator for a violation of s. 794.011, s. 800.04, or s.
732827.071; and
733     2.3.  Meets the criteria in subsection (1).
734     (b)  A person may petition the court in which the sentence
735or disposition for the violation of s. 794.011, s. 800.04, or s.
736827.071 occurred for removal of the requirement to register as a
737sexual offender or sexual predator. The person must allege in
738the petition that he or she meets the criteria in subsection (1)
739and removal of the registration requirement will not conflict
740with federal law. The state attorney must be given notice of the
741petition at least 21 days before the hearing on the petition and
742may present evidence in opposition to the requested relief or
743may otherwise demonstrate why the petition should be denied. The
744court shall rule on the petition and, if the court determines
745the person meets the criteria in subsection (1) and removal of
746the registration requirement will not conflict with federal law,
747it may grant the petition and order the removal of the
748registration requirement. If the court denies the petition, the
749person is not authorized under this section to file any further
750petition for removal of the registration requirement.
751     (4)  If a person provides to the Department of Law
752Enforcement a certified copy of the court's order removing the
753requirement that the person register as a sexual offender or
754sexual predator for the violation of s. 794.011, s. 800.04, s.
755827.071, or s. 847.0135(5), the registration requirement will
756not apply to the person and the department shall remove all
757information about the person from the public registry of sexual
758offenders and sexual predators maintained by the department.
759However, the removal of this information from the public
760registry does not mean that the public is denied access to
761information about the person's criminal history or record that
762is otherwise available as a public record.
763     Section 5.  Subsection (2) and paragraph (a) of subsection
764(3) of section 943.0437, Florida Statutes, are amended to read:
765     943.0437  Commercial social networking websites.-
766     (2)  The department may provide information relating to
767electronic mail addresses and Internet identifiers instant
768message names maintained as part of the sexual offender registry
769to commercial social networking websites or third parties
770designated by commercial social networking websites. The
771commercial social networking website may use this information
772for the purpose of comparing registered users and screening
773potential users of the commercial social networking website
774against the list of electronic mail addresses and Internet
775identifiers instant message names provided by the department.
776     (3)  This section shall not be construed to impose any
777civil liability on a commercial social networking website for:
778     (a)  Any action voluntarily taken in good faith to remove
779or disable any profile of a registered user associated with an
780electronic mail address or Internet identifier instant message
781name contained in the sexual offender registry.
782     Section 6.  Paragraphs (b) and (d) of subsection (1) and
783paragraph (a) of subsection (3) of section 944.606, Florida
784Statutes, are amended to read:
785     944.606  Sexual offenders; notification upon release.-
786     (1)  As used in this section:
787     (b)  "Sexual offender" means a person who has been
788convicted of committing, or attempting, soliciting, or
789conspiring to commit, any of the criminal offenses proscribed in
790the following statutes in this state or similar offenses in
791another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
792where the victim is a minor and the defendant is not the
793victim's parent or guardian; s. 794.011, excluding s.
794794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
795825.1025; s. 826.04 where the victim is a minor and the
796defendant is 18 years of age or older; s. 827.071; s. 847.0133;
797s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
798s. 847.0145; or s. 985.701(1); or any similar offense committed
799in this state which has been redesignated from a former statute
800number to one of those listed in this subsection, when the
801department has received verified information regarding such
802conviction; an offender's computerized criminal history record
803is not, in and of itself, verified information.
804     (d)  "Internet identifier Instant message name" has the
805same meaning as provided in s. 775.21 means an identifier that
806allows a person to communicate in real time with another person
807using the Internet.
808     (3)(a)  The department must provide information regarding
809any sexual offender who is being released after serving a period
810of incarceration for any offense, as follows:
811     1.  The department must provide: the sexual offender's
812name, any change in the offender's name by reason of marriage or
813other legal process, and any alias, if known; the correctional
814facility from which the sexual offender is released; the sexual
815offender's social security number, race, sex, date of birth,
816height, weight, and hair and eye color; address of any planned
817permanent residence or temporary residence, within the state or
818out of state, including a rural route address and a post office
819box; if no permanent or temporary address, any transient
820residence within the state; address, location or description,
821and dates of any known future temporary residence within the
822state or out of state; date and county of sentence and each
823crime for which the offender was sentenced; a copy of the
824offender's fingerprints and a digitized photograph taken within
82560 days before release; the date of release of the sexual
826offender; all any electronic mail addresses address and all
827Internet identifiers any instant message name required to be
828provided pursuant to s. 943.0435(4)(d); all and home telephone
829numbers number and any cellular telephone numbers; and passport
830information, if he or she has a passport, and, if he or she is
831an alien, information about documents establishing his or her
832immigration status number. The department shall notify the
833Department of Law Enforcement if the sexual offender escapes,
834absconds, or dies. If the sexual offender is in the custody of a
835private correctional facility, the facility shall take the
836digitized photograph of the sexual offender within 60 days
837before the sexual offender's release and provide this photograph
838to the Department of Corrections and also place it in the sexual
839offender's file. If the sexual offender is in the custody of a
840local jail, the custodian of the local jail shall register the
841offender within 3 business days after intake of the offender for
842any reason and upon release, and shall notify the Department of
843Law Enforcement of the sexual offender's release and provide to
844the Department of Law Enforcement the information specified in
845this paragraph and any information specified in subparagraph 2.
846that the Department of Law Enforcement requests.
847     2.  The department may provide any other information deemed
848necessary, including criminal and corrections records,
849nonprivileged personnel and treatment records, when available.
850     Section 7.  Paragraphs (a) and (f) of subsection (1),
851paragraph (a) of subsection (4), paragraph (b) of subsection
852(6), and paragraph (c) of subsection (13) of section 944.607,
853Florida Statutes, are amended to read:
854     944.607  Notification to Department of Law Enforcement of
855information on sexual offenders.-
856     (1)  As used in this section, the term:
857     (a)  "Sexual offender" means a person who is in the custody
858or control of, or under the supervision of, the department or is
859in the custody of a private correctional facility:
860     1.  On or after October 1, 1997, as a result of a
861conviction for committing, or attempting, soliciting, or
862conspiring to commit, any of the criminal offenses proscribed in
863the following statutes in this state or similar offenses in
864another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
865where the victim is a minor and the defendant is not the
866victim's parent or guardian; s. 794.011, excluding s.
867794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
868825.1025; s. 826.04 where the victim is a minor and the
869defendant is 18 years of age or older; s. 827.071; s. 847.0133;
870s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
871s. 847.0145; or s. 985.701(1); or any similar offense committed
872in this state which has been redesignated from a former statute
873number to one of those listed in this paragraph; or
874     2.  Who establishes or maintains a residence in this state
875and who has not been designated as a sexual predator by a court
876of this state but who has been designated as a sexual predator,
877as a sexually violent predator, or by another sexual offender
878designation in another state or jurisdiction and was, as a
879result of such designation, subjected to registration or
880community or public notification, or both, or would be if the
881person were a resident of that state or jurisdiction, without
882regard as to whether the person otherwise meets the criteria for
883registration as a sexual offender.
884     (f)  "Internet identifier Instant message name" has the
885same meaning as provided in s. 775.21 means an identifier that
886allows a person to communicate in real time with another person
887using the Internet.
888     (4)  A sexual offender, as described in this section, who
889is under the supervision of the Department of Corrections but is
890not incarcerated must register with the Department of
891Corrections within 3 business days after sentencing for a
892registrable offense and otherwise provide information as
893required by this subsection.
894     (a)  The sexual offender shall provide his or her name;
895date of birth; social security number; race; sex; height;
896weight; hair and eye color; tattoos or other identifying marks;
897all any electronic mail addresses address and all Internet
898identifiers any instant message name required to be provided
899pursuant to s. 943.0435(4)(d); permanent or legal residence and
900address of temporary residence within the state or out of state
901while the sexual offender is under supervision in this state,
902including any rural route address or post office box; if no
903permanent or temporary address, any transient residence within
904the state; and address, location or description, and dates of
905any current or known future temporary residence within the state
906or out of state. The sexual offender must also produce or
907provide information about his or her passport, if he or she has
908a passport, and, if he or she is an alien, must produce or
909provide information about documents establishing his or her
910immigration status. The Department of Corrections shall verify
911the address of each sexual offender in the manner described in
912ss. 775.21 and 943.0435. The department shall report to the
913Department of Law Enforcement any failure by a sexual predator
914or sexual offender to comply with registration requirements.
915     (6)  The information provided to the Department of Law
916Enforcement must include:
917     (b)  The sexual offender's most current address, place of
918permanent, temporary, or transient residence within the state or
919out of state, and address, location or description, and dates of
920any current or known future temporary residence within the state
921or out of state, while the sexual offender is under supervision
922in this state, including the name of the county or municipality
923in which the offender permanently or temporarily resides, or has
924a transient residence, and address, location or description, and
925dates of any current or known future temporary residence within
926the state or out of state, and, if known, the intended place of
927permanent, temporary, or transient residence, and address,
928location or description, and dates of any current or known
929future temporary residence within the state or out of state upon
930satisfaction of all sanctions. The sexual offender must also
931produce or provide information about his or her passport, if he
932or she has a passport, and, if he or she is an alien, must
933produce or provide information about documents establishing his
934or her immigration status;
935
936If any information provided by the department changes during the
937time the sexual offender is under the department's control,
938custody, or supervision, including any change in the offender's
939name by reason of marriage or other legal process, the
940department shall, in a timely manner, update the information and
941provide it to the Department of Law Enforcement in the manner
942prescribed in subsection (2).
943     (13)
944     (c)  The sheriff's office may determine the appropriate
945times and days for reporting by the sexual offender, which shall
946be consistent with the reporting requirements of this
947subsection. Reregistration shall include any changes to the
948following information:
949     1.  Name; social security number; age; race; sex; date of
950birth; height; weight; hair and eye color; address of any
951permanent residence and address of any current temporary
952residence, within the state or out of state, including a rural
953route address and a post office box; if no permanent or
954temporary address, any transient residence; address, location or
955description, and dates of any current or known future temporary
956residence within the state or out of state; all any electronic
957mail addresses address and all Internet identifiers any instant
958message name required to be provided pursuant to s.
959943.0435(4)(d); date and place of any employment; vehicle make,
960model, color, and license tag number; fingerprints; and
961photograph. A post office box shall not be provided in lieu of a
962physical residential address. The sexual offender must also
963produce or provide information about his or her passport, if he
964or she has a passport, and, if he or she is an alien, must
965produce or provide information about documents establishing his
966or her immigration status.
967     2.  If the sexual offender is enrolled, employed, or
968carrying on a vocation at an institution of higher education in
969this state, the sexual offender shall also provide to the
970department the name, address, and county of each institution,
971including each campus attended, and the sexual offender's
972enrollment or employment status.
973     3.  If the sexual offender's place of residence is a motor
974vehicle, trailer, mobile home, or manufactured home, as defined
975in chapter 320, the sexual offender shall also provide the
976vehicle identification number; the license tag number; the
977registration number; and a description, including color scheme,
978of the motor vehicle, trailer, mobile home, or manufactured
979home. If the sexual offender's place of residence is a vessel,
980live-aboard vessel, or houseboat, as defined in chapter 327, the
981sexual offender shall also provide the hull identification
982number; the manufacturer's serial number; the name of the
983vessel, live-aboard vessel, or houseboat; the registration
984number; and a description, including color scheme, of the
985vessel, live-aboard vessel or houseboat.
986     4.  Any sexual offender who fails to report in person as
987required at the sheriff's office, or who fails to respond to any
988address verification correspondence from the department within 3
989weeks of the date of the correspondence, or who fails to report
990all electronic mail addresses and all Internet identifiers or
991instant message names, commits a felony of the third degree,
992punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
993     Section 8.  Subsection (11) of section 947.005, Florida
994Statutes, is amended to read:
995     947.005  Definitions.-As used in this chapter, unless the
996context clearly indicates otherwise:
997     (11)  "Risk assessment" means an assessment completed by a
998an independent qualified practitioner to evaluate the level of
999risk associated when a sex offender has contact with a child.
1000     Section 9.  Section 948.31, Florida Statutes, is amended to
1001read:
1002     948.31  Evaluation and treatment of sexual predators and
1003offenders on probation or community control.-Conditions imposed
1004pursuant to this section do not require oral pronouncement at
1005the time of sentencing and shall be considered standard
1006conditions of probation or community control for offenders
1007specified in this section. The court shall require an evaluation
1008by a qualified practitioner to determine the need of a
1009probationer or community controllee for treatment. If the court
1010determines that a need therefor is established by the evaluation
1011process, the court shall require sexual offender treatment as a
1012term or condition of probation or community control for any
1013person who is required to register as a sexual predator under s.
1014775.21 or sexual offender under s. 943.0435, s. 944.606, or s.
1015944.607. Such treatment shall be required to be obtained from a
1016qualified practitioner as defined in s. 948.001. Treatment may
1017not be administered by a qualified practitioner who has been
1018convicted or adjudicated delinquent of committing, or
1019attempting, soliciting, or conspiring to commit, any offense
1020that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1021impose a restriction against contact with minors if sexual
1022offender treatment is recommended. The evaluation and
1023recommendations for treatment of the probationer or community
1024controllee shall be provided to the court for review.
1025     Section 10.  Paragraph (a) of subsection (3) of section
1026985.481, Florida Statutes, is amended to read:
1027     985.481  Sexual offenders adjudicated delinquent;
1028notification upon release.-
1029     (3)(a)  The department must provide information regarding
1030any sexual offender who is being released after serving a period
1031of residential commitment under the department for any offense,
1032as follows:
1033     1.  The department must provide the sexual offender's name,
1034any change in the offender's name by reason of marriage or other
1035legal process, and any alias, if known; the correctional
1036facility from which the sexual offender is released; the sexual
1037offender's social security number, race, sex, date of birth,
1038height, weight, and hair and eye color; address of any planned
1039permanent residence or temporary residence, within the state or
1040out of state, including a rural route address and a post office
1041box; if no permanent or temporary address, any transient
1042residence within the state; address, location or description,
1043and dates of any known future temporary residence within the
1044state or out of state; date and county of disposition and each
1045crime for which there was a disposition; a copy of the
1046offender's fingerprints and a digitized photograph taken within
104760 days before release; the date of release of the sexual
1048offender; all and home telephone numbers number and any cellular
1049telephone numbers; and passport information, if he or she has a
1050passport, and, if he or she is an alien, information about
1051documents establishing his or her immigration status number. The
1052department shall notify the Department of Law Enforcement if the
1053sexual offender escapes, absconds, or dies. If the sexual
1054offender is in the custody of a private correctional facility,
1055the facility shall take the digitized photograph of the sexual
1056offender within 60 days before the sexual offender's release and
1057also place it in the sexual offender's file. If the sexual
1058offender is in the custody of a local jail, the custodian of the
1059local jail shall register the offender within 3 business days
1060after intake of the offender for any reason and upon release,
1061and shall notify the Department of Law Enforcement of the sexual
1062offender's release and provide to the Department of Law
1063Enforcement the information specified in this subparagraph and
1064any information specified in subparagraph 2. which the
1065Department of Law Enforcement requests.
1066     2.  The department may provide any other information
1067considered necessary, including criminal and delinquency
1068records, when available.
1069     Section 11.  Paragraph (a) of subsection (4), paragraph (a)
1070of subsection (6), and paragraph (b) of subsection (13) of
1071section 985.4815, Florida Statutes, are amended to read:
1072     985.4815  Notification to Department of Law Enforcement of
1073information on juvenile sexual offenders.-
1074     (4)  A sexual offender, as described in this section, who
1075is under the supervision of the department but who is not
1076committed must register with the department within 3 business
1077days after adjudication and disposition for a registrable
1078offense and otherwise provide information as required by this
1079subsection.
1080     (a)  The sexual offender shall provide his or her name;
1081date of birth; social security number; race; sex; height;
1082weight; hair and eye color; tattoos or other identifying marks;
1083permanent or legal residence and address of temporary residence
1084within the state or out of state while the sexual offender is in
1085the care or custody or under the jurisdiction or supervision of
1086the department in this state, including any rural route address
1087or post office box; if no permanent or temporary address, any
1088transient residence; address, location or description, and dates
1089of any current or known future temporary residence within the
1090state or out of state; passport information, if he or she has a
1091passport, and, if he or she is an alien, information about
1092documents establishing his or her immigration status; and the
1093name and address of each school attended. The department shall
1094verify the address of each sexual offender and shall report to
1095the Department of Law Enforcement any failure by a sexual
1096offender to comply with registration requirements.
1097     (6)(a)  The information provided to the Department of Law
1098Enforcement must include the following:
1099     1.  The information obtained from the sexual offender under
1100subsection (4).
1101     2.  The sexual offender's most current address and place of
1102permanent, temporary, or transient residence within the state or
1103out of state, and address, location or description, and dates of
1104any current or known future temporary residence within the state
1105or out of state, while the sexual offender is in the care or
1106custody or under the jurisdiction or supervision of the
1107department in this state, including the name of the county or
1108municipality in which the offender permanently or temporarily
1109resides, or has a transient residence, and address, location or
1110description, and dates of any current or known future temporary
1111residence within the state or out of state; and, if known, the
1112intended place of permanent, temporary, or transient residence,
1113and address, location or description, and dates of any current
1114or known future temporary residence within the state or out of
1115state upon satisfaction of all sanctions. The sexual offender
1116must also produce or provide information about his or her
1117passport, if he or she has a passport, and, if he or she is an
1118alien, must produce or provide information about documents
1119establishing his or her immigration status.
1120     3.  The legal status of the sexual offender and the
1121scheduled termination date of that legal status.
1122     4.  The location of, and local telephone number for, any
1123department office that is responsible for supervising the sexual
1124offender.
1125     5.  An indication of whether the victim of the offense that
1126resulted in the offender's status as a sexual offender was a
1127minor.
1128     6.  The offense or offenses at adjudication and disposition
1129that resulted in the determination of the offender's status as a
1130sex offender.
1131     7.  A digitized photograph of the sexual offender, which
1132must have been taken within 60 days before the offender was
1133released from the custody of the department or a private
1134correctional facility by expiration of sentence under s.
1135944.275, or within 60 days after the onset of the department's
1136supervision of any sexual offender who is on probation,
1137postcommitment probation, residential commitment, nonresidential
1138commitment, licensed child-caring commitment, community control,
1139conditional release, parole, provisional release, or control
1140release or who is supervised by the department under the
1141Interstate Compact Agreement for Probationers and Parolees. If
1142the sexual offender is in the custody of a private correctional
1143facility, the facility shall take a digitized photograph of the
1144sexual offender within the time period provided in this
1145subparagraph and shall provide the photograph to the department.
1146     (13)
1147     (b)  The sheriff's office may determine the appropriate
1148times and days for reporting by the sexual offender, which shall
1149be consistent with the reporting requirements of this
1150subsection. Reregistration shall include any changes to the
1151following information:
1152     1.  Name; social security number; age; race; sex; date of
1153birth; height; weight; hair and eye color; address of any
1154permanent residence and address of any current temporary
1155residence, within the state or out of state, including a rural
1156route address and a post office box; if no permanent or
1157temporary address, any transient residence; address, location or
1158description, and dates of any current or known future temporary
1159residence within the state or out of state; passport
1160information, if he or she has a passport, and, if he or she is
1161an alien, information about documents establishing his or her
1162immigration status; name and address of each school attended;
1163date and place of any employment; vehicle make, model, color,
1164and license tag number; fingerprints; and photograph. A post
1165office box shall not be provided in lieu of a physical
1166residential address.
1167     2.  If the sexual offender is enrolled, employed, or
1168carrying on a vocation at an institution of higher education in
1169this state, the sexual offender shall also provide to the
1170department the name, address, and county of each institution,
1171including each campus attended, and the sexual offender's
1172enrollment or employment status.
1173     3.  If the sexual offender's place of residence is a motor
1174vehicle, trailer, mobile home, or manufactured home, as defined
1175in chapter 320, the sexual offender shall also provide the
1176vehicle identification number; the license tag number; the
1177registration number; and a description, including color scheme,
1178of the motor vehicle, trailer, mobile home, or manufactured
1179home. If the sexual offender's place of residence is a vessel,
1180live-aboard vessel, or houseboat, as defined in chapter 327, the
1181sexual offender shall also provide the hull identification
1182number; the manufacturer's serial number; the name of the
1183vessel, live-aboard vessel, or houseboat; the registration
1184number; and a description, including color scheme, of the
1185vessel, live-aboard vessel, or houseboat.
1186     4.  Any sexual offender who fails to report in person as
1187required at the sheriff's office, or who fails to respond to any
1188address verification correspondence from the department within 3
1189weeks after the date of the correspondence, commits a felony of
1190the third degree, punishable as provided in ss. 775.082,
1191775.083, and 775.084.
1192     Section 12.  Sections 13-25 of this act may be cited as the
1193"Florida Safe Harbor Act."
1194     Section 13.  Effective January 1, 2012, subsections (4)
1195through (12) of section 39.001, Florida Statutes, are renumbered
1196as subsections (5) through (13), respectively, paragraph (c) of
1197present subsection (7) and paragraph (b) of present subsection
1198(9) are amended, and a new subsection (4) is added to that
1199section, to read:
1200     39.001  Purposes and intent; personnel standards and
1201screening.-
1202     (4)  SEXUAL EXPLOITATION SERVICES.-
1203     (a)  The Legislature recognizes that child sexual
1204exploitation is a serious problem nationwide and in this state.
1205The children at greatest risk of being sexually exploited are
1206runaways and throwaways. Many of these children have a history
1207of abuse and neglect. The vulnerability of these children starts
1208with isolation from family and friends. Traffickers maintain
1209control of child victims through psychological manipulation,
1210force, drug addiction, or the exploitation of economic,
1211physical, or emotional vulnerability. Children exploited through
1212the sex trade often find it difficult to trust adults because of
1213their abusive experiences. These children make up a population
1214that is difficult to serve and even more difficult to
1215rehabilitate. Although minors are by law unable to consent to
1216sexual activity, they are most often treated as perpetrators of
1217crime rather than victims. Moreover, the historical treatment of
1218such children as delinquents has too often resulted in the
1219failure to successfully prosecute the trafficker, who is the
1220true wrongdoer and threat to society.
1221     (b)  The Legislature establishes the following goals for
1222the state related to the status and treatment of sexually
1223exploited children in the dependency process:
1224     1.  To ensure the safety of children.
1225     2.  To provide for the treatment of such children as
1226dependent children rather than as delinquents.
1227     3.  To sever the bond between exploited children and
1228traffickers and to reunite these children with their families or
1229provide them with appropriate guardians.
1230     4.  To enable such children to be willing and reliable
1231witnesses in the prosecution of traffickers.
1232     (c)  The Legislature finds that sexually exploited children
1233need special care and services in the dependency process,
1234including counseling, health care, substance abuse treatment,
1235educational opportunities, and a safe environment secure from
1236traffickers.
1237     (d)  The Legislature further finds that sexually exploited
1238children need the special care and services described in
1239paragraph (c) independent of their citizenship, residency,
1240alien, or immigrant status. It is the intent of the Legislature
1241that this state provide such care and services to all sexually
1242exploited children in this state who are not otherwise receiving
1243comparable services, such as those under the federal Trafficking
1244Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
1245     (8)(7)  OFFICE OF ADOPTION AND CHILD PROTECTION.-
1246     (c)  The office is authorized and directed to:
1247     1.  Oversee the preparation and implementation of the state
1248plan established under subsection (9) (8) and revise and update
1249the state plan as necessary.
1250     2.  Provide for or make available continuing professional
1251education and training in the prevention of child abuse and
1252neglect.
1253     3.  Work to secure funding in the form of appropriations,
1254gifts, and grants from the state, the Federal Government, and
1255other public and private sources in order to ensure that
1256sufficient funds are available for the promotion of adoption,
1257support of adoptive families, and child abuse prevention
1258efforts.
1259     4.  Make recommendations pertaining to agreements or
1260contracts for the establishment and development of:
1261     a.  Programs and services for the promotion of adoption,
1262support of adoptive families, and prevention of child abuse and
1263neglect.
1264     b.  Training programs for the prevention of child abuse and
1265neglect.
1266     c.  Multidisciplinary and discipline-specific training
1267programs for professionals with responsibilities affecting
1268children, young adults, and families.
1269     d.  Efforts to promote adoption.
1270     e.  Postadoptive services to support adoptive families.
1271     5.  Monitor, evaluate, and review the development and
1272quality of local and statewide services and programs for the
1273promotion of adoption, support of adoptive families, and
1274prevention of child abuse and neglect and shall publish and
1275distribute an annual report of its findings on or before January
12761 of each year to the Governor, the Speaker of the House of
1277Representatives, the President of the Senate, the head of each
1278state agency affected by the report, and the appropriate
1279substantive committees of the Legislature. The report shall
1280include:
1281     a.  A summary of the activities of the office.
1282     b.  A summary of the adoption data collected and reported
1283to the federal Adoption and Foster Care Analysis and Reporting
1284System (AFCARS) and the federal Administration for Children and
1285Families.
1286     c.  A summary of the child abuse prevention data collected
1287and reported to the National Child Abuse and Neglect Data System
1288(NCANDS) and the federal Administration for Children and
1289Families.
1290     d.  A summary detailing the timeliness of the adoption
1291process for children adopted from within the child welfare
1292system.
1293     e.  Recommendations, by state agency, for the further
1294development and improvement of services and programs for the
1295promotion of adoption, support of adoptive families, and
1296prevention of child abuse and neglect.
1297     f.  Budget requests, adoption promotion and support needs,
1298and child abuse prevention program needs by state agency.
1299     6.  Work with the direct-support organization established
1300under s. 39.0011 to receive financial assistance.
1301     (10)(9)  FUNDING AND SUBSEQUENT PLANS.-
1302     (b)  The office and the other agencies and organizations
1303listed in paragraph (9)(8)(a) shall readdress the state plan and
1304make necessary revisions every 5 years, at a minimum. Such
1305revisions shall be submitted to the Speaker of the House of
1306Representatives and the President of the Senate no later than
1307June 30 of each year divisible by 5. At least biennially, the
1308office shall review the state plan and make any necessary
1309revisions based on changing needs and program evaluation
1310results. An annual progress report shall be submitted to update
1311the state plan in the years between the 5-year intervals. In
1312order to avoid duplication of effort, these required plans may
1313be made a part of or merged with other plans required by either
1314the state or Federal Government, so long as the portions of the
1315other state or Federal Government plan that constitute the state
1316plan for the promotion of adoption, support of adoptive
1317families, and prevention of child abuse, abandonment, and
1318neglect are clearly identified as such and are provided to the
1319Speaker of the House of Representatives and the President of the
1320Senate as required above.
1321     Section 14.  Effective January 1, 2012, subsections (2) and
1322(15) and paragraph (g) of subsection (67) of section 39.01,
1323Florida Statutes, are amended to read:
1324     39.01  Definitions.-When used in this chapter, unless the
1325context otherwise requires:
1326     (2)  "Abuse" means any willful act or threatened act that
1327results in any physical, mental, or sexual abuse, injury, or
1328harm that causes or is likely to cause the child's physical,
1329mental, or emotional health to be significantly impaired. Abuse
1330of a child includes acts or omissions. Corporal discipline of a
1331child by a parent or legal custodian for disciplinary purposes
1332does not in itself constitute abuse when it does not result in
1333harm to the child.
1334     (15)  "Child who is found to be dependent" means a child
1335who, pursuant to this chapter, is found by the court:
1336     (a)  To have been abandoned, abused, or neglected by the
1337child's parent or parents or legal custodians;
1338     (b)  To have been surrendered to the department, the former
1339Department of Health and Rehabilitative Services, or a licensed
1340child-placing agency for purpose of adoption;
1341     (c)  To have been voluntarily placed with a licensed child-
1342caring agency, a licensed child-placing agency, an adult
1343relative, the department, or the former Department of Health and
1344Rehabilitative Services, after which placement, under the
1345requirements of this chapter, a case plan has expired and the
1346parent or parents or legal custodians have failed to
1347substantially comply with the requirements of the plan;
1348     (d)  To have been voluntarily placed with a licensed child-
1349placing agency for the purposes of subsequent adoption, and a
1350parent or parents have signed a consent pursuant to the Florida
1351Rules of Juvenile Procedure;
1352     (e)  To have no parent or legal custodians capable of
1353providing supervision and care; or
1354     (f)  To be at substantial risk of imminent abuse,
1355abandonment, or neglect by the parent or parents or legal
1356custodians; or
1357     (g)  To have been sexually exploited and to have no parent,
1358legal custodian, or responsible adult relative currently known
1359and capable of providing the necessary and appropriate
1360supervision and care.
1361     (67)  "Sexual abuse of a child" means one or more of the
1362following acts:
1363     (g)  The sexual exploitation of a child, which includes the
1364act of a child offering to engage in or engaging in
1365prostitution; or allowing, encouraging, or forcing a child to:
1366     1.  Solicit for or engage in prostitution; or
1367     2.  Engage in a sexual performance, as defined by chapter
1368827; or
1369     3.  Participate in the trade of sex trafficking as provided
1370in s. 796.035.
1371     Section 15.  Effective January 1, 2012, paragraph (b) of
1372subsection (2) and paragraph (b) of subsection (3) of section
137339.401, Florida Statutes, are amended to read:
1374     39.401  Taking a child alleged to be dependent into
1375custody; law enforcement officers and authorized agents of the
1376department.-
1377     (2)  If the law enforcement officer takes the child into
1378custody, that officer shall:
1379     (b)  Deliver the child to an authorized agent of the
1380department, stating the facts by reason of which the child was
1381taken into custody and sufficient information to establish
1382probable cause that the child is abandoned, abused, or
1383neglected, or otherwise dependent. In the case of a child for
1384whom there is probable cause to believe he or she has been
1385sexually exploited, the law enforcement officer shall deliver
1386the child to the appropriate short-term safe house as provided
1387for in s. 409.1678 if a short-term safe house is available.
1388
1389For cases involving allegations of abandonment, abuse, or
1390neglect, or other dependency cases, within 3 days after such
1391release or within 3 days after delivering the child to an
1392authorized agent of the department, the law enforcement officer
1393who took the child into custody shall make a full written report
1394to the department.
1395     (3)  If the child is taken into custody by, or is delivered
1396to, an authorized agent of the department, the agent shall
1397review the facts supporting the removal with an attorney
1398representing the department. The purpose of the review is to
1399determine whether there is probable cause for the filing of a
1400shelter petition.
1401     (b)  If the facts are sufficient and the child has not been
1402returned to the custody of the parent or legal custodian, the
1403department shall file the petition and schedule a hearing, and
1404the attorney representing the department shall request that a
1405shelter hearing be held within 24 hours after the removal of the
1406child. While awaiting the shelter hearing, the authorized agent
1407of the department may place the child in licensed shelter care,
1408or in a short-term safe house if the child is a sexually
1409exploited child, or may release the child to a parent or legal
1410custodian or responsible adult relative or the adoptive parent
1411of the child's sibling who shall be given priority consideration
1412over a licensed placement, or a responsible adult approved by
1413the department if this is in the best interests of the child.
1414Placement of a child which is not in a licensed shelter must be
1415preceded by a criminal history records check as required under
1416s. 39.0138. In addition, the department may authorize placement
1417of a housekeeper/homemaker in the home of a child alleged to be
1418dependent until the parent or legal custodian assumes care of
1419the child.
1420     Section 16.  Effective January 1, 2012, subsection (2) and
1421paragraphs (a), (d), and (h) of subsection (8) of section
142239.402, Florida Statutes, are amended to read:
1423     39.402  Placement in a shelter.-
1424     (2)  A child taken into custody may be placed or continued
1425in a shelter only if one or more of the criteria in subsection
1426(1) apply applies and the court has made a specific finding of
1427fact regarding the necessity for removal of the child from the
1428home and has made a determination that the provision of
1429appropriate and available services will not eliminate the need
1430for placement. In the case of a child who is alleged to have
1431been sexually exploited, there is a rebuttable presumption that
1432placement in a short-term safe house is necessary.
1433     (8)(a)  A child may not be held in a shelter longer than 24
1434hours unless an order so directing is entered by the court after
1435a shelter hearing. In the interval until the shelter hearing is
1436held, the decision to place the child in a shelter or release
1437the child from a shelter lies with the protective investigator.
1438In the case of a child who is alleged to have been sexually
1439exploited, there is a rebuttable presumption that placement in a
1440short-term safe house is necessary.
1441     (d)  At the shelter hearing, in order to continue the child
1442in shelter care:
1443     1.  The department must establish probable cause that
1444reasonable grounds for removal exist and that the provision of
1445appropriate and available services will not eliminate the need
1446for placement;
1447     2.  The department must establish probable cause for the
1448belief that the child has been sexually exploited and,
1449therefore, that placement in a short-term safe house is the most
1450appropriate environment for the child; or
1451     3.2.  The court must determine that additional time is
1452necessary, which may not exceed 72 hours, in which to obtain and
1453review documents pertaining to the family in order to
1454appropriately determine the risk to the child during which time
1455the child shall remain in the department's custody, if so
1456ordered by the court.
1457     (h)  The order for placement of a child in shelter care
1458must identify the parties present at the hearing and must
1459contain written findings:
1460     1.  That placement in shelter care is necessary based on
1461the criteria in subsections (1) and (2).
1462     2.  That placement in shelter care is in the best interest
1463of the child.
1464     3.  That continuation of the child in the home is contrary
1465to the welfare of the child because the home situation presents
1466a substantial and immediate danger to the child's physical,
1467mental, or emotional health or safety which cannot be mitigated
1468by the provision of preventive services.
1469     4.  That based upon the allegations of the petition for
1470placement in shelter care, there is probable cause to believe
1471that the child is dependent or that the court needs additional
1472time, which may not exceed 72 hours, in which to obtain and
1473review documents pertaining to the family in order to
1474appropriately determine the risk to the child.
1475     5.  That the department has made reasonable efforts to
1476prevent or eliminate the need for removal of the child from the
1477home. A finding of reasonable effort by the department to
1478prevent or eliminate the need for removal may be made and the
1479department is deemed to have made reasonable efforts to prevent
1480or eliminate the need for removal if:
1481     a.  The first contact of the department with the family
1482occurs during an emergency;
1483     b.  The appraisal of the home situation by the department
1484indicates that the home situation presents a substantial and
1485immediate danger to the child's physical, mental, or emotional
1486health or safety which cannot be mitigated by the provision of
1487preventive services;
1488     c.  The child cannot safely remain at home, either because
1489there are no preventive services that can ensure the health and
1490safety of the child or because, even with appropriate and
1491available services being provided, the health and safety of the
1492child cannot be ensured;
1493     d.  The child has been sexually exploited; or
1494     e.d.  The parent or legal custodian is alleged to have
1495committed any of the acts listed as grounds for expedited
1496termination of parental rights in s. 39.806(1)(f)-(i).
1497     6.  That the court notified the parents, relatives that are
1498providing out-of-home care for the child, or legal custodians of
1499the time, date, and location of the next dependency hearing and
1500of the importance of the active participation of the parents,
1501relatives that are providing out-of-home care for the child, or
1502legal custodians in all proceedings and hearings.
1503     7.  That the court notified the parents or legal custodians
1504of their right to counsel to represent them at the shelter
1505hearing and at each subsequent hearing or proceeding, and the
1506right of the parents to appointed counsel, pursuant to the
1507procedures set forth in s. 39.013.
1508     8.  That the court notified relatives who are providing
1509out-of-home care for a child as a result of the shelter petition
1510being granted that they have the right to attend all subsequent
1511hearings, to submit reports to the court, and to speak to the
1512court regarding the child, if they so desire.
1513     Section 17.  Effective January 1, 2012, paragraph (f) of
1514subsection (1) and paragraph (d) of subsection (3) of section
151539.521, Florida Statutes, are amended to read:
1516     39.521  Disposition hearings; powers of disposition.-
1517     (1)  A disposition hearing shall be conducted by the court,
1518if the court finds that the facts alleged in the petition for
1519dependency were proven in the adjudicatory hearing, or if the
1520parents or legal custodians have consented to the finding of
1521dependency or admitted the allegations in the petition, have
1522failed to appear for the arraignment hearing after proper
1523notice, or have not been located despite a diligent search
1524having been conducted.
1525     (f)  If the court places the child in an out-of-home
1526placement, the disposition order must include a written
1527determination that the child cannot safely remain at home with
1528reunification or family preservation services and that removal
1529of the child is necessary to protect the child. If the child is
1530removed before the disposition hearing, the order must also
1531include a written determination as to whether, after removal,
1532the department made a reasonable effort to reunify the parent
1533and child. Reasonable efforts to reunify are not required if the
1534court finds that any of the acts listed in s. 39.806(1)(f)-(l)
1535have occurred. The department has the burden of demonstrating
1536that it made reasonable efforts.
1537     1.  For the purposes of this paragraph, the term
1538"reasonable effort" means the exercise of reasonable diligence
1539and care by the department to provide the services ordered by
1540the court or delineated in the case plan.
1541     2.  In support of its determination as to whether
1542reasonable efforts have been made, the court shall:
1543     a.  Enter written findings as to whether prevention or
1544reunification efforts were indicated.
1545     b.  If prevention or reunification efforts were indicated,
1546include a brief written description of what appropriate and
1547available prevention and reunification efforts were made.
1548     c.  Indicate in writing why further efforts could or could
1549not have prevented or shortened the separation of the parent and
1550child.
1551     3.  A court may find that the department made a reasonable
1552effort to prevent or eliminate the need for removal if:
1553     a.  The first contact of the department with the family
1554occurs during an emergency;
1555     b.  The appraisal by the department of the home situation
1556indicates a substantial and immediate danger to the child's
1557safety or physical, mental, or emotional health which cannot be
1558mitigated by the provision of preventive services;
1559     c.  The child cannot safely remain at home, because there
1560are no preventive services that can ensure the health and safety
1561of the child or, even with appropriate and available services
1562being provided, the health and safety of the child cannot be
1563ensured. There is a rebuttable presumption that any child who
1564has been found to be a victim of sexual exploitation as defined
1565in s. 39.01(67)(g) meets the terms of this sub-subparagraph; or
1566     d.  The parent is alleged to have committed any of the acts
1567listed as grounds for expedited termination of parental rights
1568under s. 39.806(1)(f)-(l).
1569     4.  A reasonable effort by the department for reunification
1570has been made if the appraisal of the home situation by the
1571department indicates that the severity of the conditions of
1572dependency is such that reunification efforts are inappropriate.
1573The department has the burden of demonstrating to the court that
1574reunification efforts were inappropriate.
1575     5.  If the court finds that the prevention or reunification
1576effort of the department would not have permitted the child to
1577remain safely at home, the court may commit the child to the
1578temporary legal custody of the department or take any other
1579action authorized by this chapter.
1580     (3)  When any child is adjudicated by a court to be
1581dependent, the court shall determine the appropriate placement
1582for the child as follows:
1583     (d)  If the child cannot be safely placed in a nonlicensed
1584placement, the court shall commit the child to the temporary
1585legal custody of the department. Such commitment invests in the
1586department all rights and responsibilities of a legal custodian.
1587The department shall not return any child to the physical care
1588and custody of the person from whom the child was removed,
1589except for court-approved visitation periods, without the
1590approval of the court. Any order for visitation or other contact
1591must conform to the provisions of s. 39.0139. There is a
1592rebuttable presumption that any child who has been found to be a
1593victim of sexual exploitation as defined in s. 39.01(67)(g) be
1594committed to a safe house as provided for in s. 409.1678. The
1595term of such commitment continues until terminated by the court
1596or until the child reaches the age of 18. After the child is
1597committed to the temporary legal custody of the department, all
1598further proceedings under this section are governed by this
1599chapter.
1600
1601Protective supervision continues until the court terminates it
1602or until the child reaches the age of 18, whichever date is
1603first. Protective supervision shall be terminated by the court
1604whenever the court determines that permanency has been achieved
1605for the child, whether with a parent, another relative, or a
1606legal custodian, and that protective supervision is no longer
1607needed. The termination of supervision may be with or without
1608retaining jurisdiction, at the court's discretion, and shall in
1609either case be considered a permanency option for the child. The
1610order terminating supervision by the department shall set forth
1611the powers of the custodian of the child and shall include the
1612powers ordinarily granted to a guardian of the person of a minor
1613unless otherwise specified. Upon the court's termination of
1614supervision by the department, no further judicial reviews are
1615required, so long as permanency has been established for the
1616child.
1617     Section 18.  Effective January 1, 2012, section 39.524,
1618Florida Statutes, is created to read:
1619     39.524  Safe-harbor placement.-
1620     (1)  Except as provided in s. 39.407, any dependent child 6
1621years of age or older who has been found to be a victim of
1622sexual exploitation as defined in s. 39.01(67)(g) must be
1623assessed for placement in a safe house as provided in s.
1624409.1678. The assessment shall be conducted by the department or
1625its agent and shall incorporate and address current and
1626historical information from any law enforcement reports;
1627psychological testing or evaluation that has occurred; current
1628and historical information from the guardian ad litem, if one
1629has been assigned; current and historical information from any
1630current therapist, teacher, or other professional who has
1631knowledge of the child and has worked with the child; and any
1632other information concerning the availability and suitability of
1633safe-house placement. If such placement is determined to be
1634appropriate as a result of this procedure, the child must be
1635placed in a safe house, if one is available. As used in this
1636section, the term "available" as it relates to a placement means
1637a placement that is located within the circuit or that is
1638otherwise reasonably accessible.
1639     (2)  The results of the assessment described in subsection
1640(1) and the actions taken as a result of the assessment must be
1641included in the next judicial review of the child. At each
1642subsequent judicial review, the court must be advised in writing
1643of the status of the child's placement, with special reference
1644regarding the stability of the placement and the permanency
1645planning for the child.
1646     (3)  Any safe house that receives children under this
1647section shall establish special permanency teams dedicated to
1648overcoming the special permanency challenges presented by this
1649population of children. Each facility shall report to the
1650department its success in achieving permanency for children
1651placed by the department in its care at intervals that allow the
1652current information to be provided to the court at each judicial
1653review for the child.
1654     (4)(a)  By December 1 of each year, the department shall
1655report to the Legislature on the placement of children in safe
1656houses during the year, including the criteria used to determine
1657the placement of children, the number of children who were
1658evaluated for placement, the number of children who were placed
1659based upon the evaluation, and the number of children who were
1660not placed.
1661     (b)  The department shall maintain data specifying the
1662number of children who were referred to a safe house for whom
1663placement was unavailable and the counties in which such
1664placement was unavailable. The department shall include this
1665data in its report under this subsection so that the Legislature
1666may consider this information in developing the General
1667Appropriations Act.
1668     Section 19.  Effective January 1, 2012, section 409.1678,
1669Florida Statutes, is created to read:
1670     409.1678  Safe harbor for children who are victims of
1671sexual exploitation.-
1672     (1)  As used in this section, the term:
1673     (a)  "Child advocate" means an employee of a short-term
1674safe house who has been trained to work with and advocate for
1675the needs of sexually exploited children. The advocate shall
1676accompany the child to all court appearances, meetings with law
1677enforcement, and the state attorney's office and shall serve as
1678a liaison between the short-term safe house and the court.
1679     (b)  "Safe house" means a living environment that has set
1680aside gender-specific, separate, and distinct living quarters
1681for sexually exploited children who have been adjudicated
1682dependent or delinquent and need to reside in a secure
1683residential facility with staff members awake 24 hours a day. A
1684safe house shall be operated by a licensed family foster home or
1685residential child-caring agency as defined in s. 409.175,
1686including a runaway youth center as defined in s. 409.441. Each
1687facility must be appropriately licensed in this state as a
1688residential child-caring agency as defined in s. 409.175 and
1689must be accredited by July 1, 2012. A safe house serving
1690children who have been sexually exploited must have available
1691staff or contract personnel with the clinical expertise,
1692credentials, and training to provide services identified in
1693paragraph (2)(b).
1694     (c)  "Secure" means that a child is supervised 24 hours a
1695day by staff members who are awake while on duty.
1696     (d)  "Sexually exploited child" means a dependent child who
1697has suffered sexual exploitation as defined in s. 39.01(67)(g)
1698and is ineligible for relief and benefits under the federal
1699Trafficking Victims Protection Act, 22 U.S.C. ss. 7101 et seq.
1700     (e)  "Short-term safe house" means a shelter operated by a
1701licensed residential child-caring agency as defined in s.
1702409.175, including a runaway youth center as defined in s.
1703409.441, that has set aside gender-specific, separate, and
1704distinct living quarters for sexually exploited children. In
1705addition to shelter, the house shall provide services and care
1706to sexually exploited children, including food, clothing,
1707medical care, counseling, and appropriate crisis intervention
1708services at the time they are taken into custody by law
1709enforcement or the department.
1710     (2)(a)  Notwithstanding any other provision of law,
1711pursuant to regulations of the department, every circuit of the
1712department shall address the child welfare service needs of
1713sexually exploited children as a component of the circuit's
1714master plan. This determination shall be made in consultation
1715with local law enforcement, runaway and homeless youth program
1716providers, local probation departments, local community-based
1717care and social services, local guardians ad litem, public
1718defenders, state attorney's offices, and child advocates and
1719services providers who work directly with sexually exploited
1720youth.
1721     (b)  The lead agency, not-for-profit agency, or local
1722government entity providing safe-house services is responsible
1723for security, crisis intervention services, general counseling
1724and victim-witness counseling, a comprehensive assessment,
1725residential care, transportation, access to behavioral health
1726services, recreational activities, food, clothing, supplies,
1727infant care, and miscellaneous expenses associated with caring
1728for these children; for necessary arrangement for or provision
1729of educational services, including life skills services and
1730planning services to successfully transition residents back to
1731the community; and for ensuring necessary and appropriate health
1732and dental care.
1733     (c)  This section does not prohibit any provider of these
1734services from appropriately billing Medicaid for services
1735rendered, from contracting with a local school district for
1736educational services, or from obtaining federal or local funding
1737for services provided, as long as two or more funding sources do
1738not pay for the same specific service that has been provided to
1739a child.
1740     (d)  The lead agency, not-for-profit agency, or local
1741government entity providing safe-house services has the legal
1742authority for children served in a safe-house program, as
1743provided in chapter 39 or this chapter, as appropriate, to
1744enroll the child in school, to sign for a driver's license for
1745the child, to cosign loans and insurance for the child, to sign
1746for medical treatment of the child, and to authorize other such
1747activities.
1748     (e)  All of the services created under this section may, to
1749the extent possible provided by law, be available to all
1750sexually exploited children whether they are accessed
1751voluntarily, as a condition of probation, through a diversion
1752program, through a proceeding under chapter 39, or through a
1753referral from a local community-based care or social service
1754agency.
1755     (3)  The local circuit administrator may, to the extent
1756that funds are available, in conjunction with local law
1757enforcement officials, contract with an appropriate not-for-
1758profit agency having experience working with sexually exploited
1759children to train law enforcement officials who are likely to
1760encounter sexually exploited children in the course of their law
1761enforcement duties on the provisions of this section and how to
1762identify and obtain appropriate services for sexually exploited
1763children. Circuits may work cooperatively to provide such
1764training, and such training may be provided on a regional basis.
1765The department shall assist circuits in obtaining any available
1766funds for the purposes of conducting law enforcement training
1767from the Office of Juvenile Justice and Delinquency Prevention
1768of the United States Department of Justice.
1769     Section 20.  Effective January 1, 2012, paragraph (f) of
1770subsection (2) of section 796.07, Florida Statutes, is
1771republished, and subsection (6) of that section is amended, to
1772read:
1773     796.07  Prohibiting prostitution and related acts, etc.;
1774evidence; penalties; definitions.-
1775     (2)  It is unlawful:
1776     (f)  To solicit, induce, entice, or procure another to
1777commit prostitution, lewdness, or assignation.
1778     (6)  A person who violates paragraph (2)(f) shall be
1779assessed a civil penalty of $5,000 $500 if the violation results
1780in any judicial disposition other than acquittal or dismissal.
1781Of the proceeds from each penalty penalties assessed under this
1782subsection, $500 shall be paid to the circuit court
1783administrator for the sole purpose of paying the administrative
1784costs of treatment-based drug court programs provided under s.
1785397.334 and $4,500 shall be paid to the Department of Children
1786and Family Services for the sole purpose of funding safe houses
1787and short-term safe houses as provided in s. 409.1678.
1788     Section 21.  Effective January 1, 2012, section 960.065,
1789Florida Statutes, is amended to read:
1790     960.065  Eligibility for awards.-
1791     (1)  Except as provided in subsection (2), the following
1792persons shall be eligible for awards pursuant to this chapter:
1793     (a)  A victim.
1794     (b)  An intervenor.
1795     (c)  A surviving spouse, parent or guardian, sibling, or
1796child of a deceased victim or intervenor.
1797     (d)  Any other person who is dependent for his or her
1798principal support upon a deceased victim or intervenor.
1799     (2)  Any claim filed by or on behalf of a person who:
1800     (a)  Committed or aided in the commission of the crime upon
1801which the claim for compensation was based;
1802     (b)  Was engaged in an unlawful activity at the time of the
1803crime upon which the claim for compensation is based;
1804     (c)  Was in custody or confined, regardless of conviction,
1805in a county or municipal detention facility, a state or federal
1806correctional facility, or a juvenile detention or commitment
1807facility at the time of the crime upon which the claim for
1808compensation is based;
1809     (d)  Has been adjudicated as a habitual felony offender,
1810habitual violent offender, or violent career criminal under s.
1811775.084; or
1812     (e)  Has been adjudicated guilty of a forcible felony
1813offense as described in s. 776.08,
1814
1815is ineligible shall not be eligible for an award.
1816     (3)  Any claim filed by or on behalf of a person who was in
1817custody or confined, regardless of adjudication, in a county or
1818municipal facility, a state or federal correctional facility, or
1819a juvenile detention, commitment, or assessment facility at the
1820time of the crime upon which the claim is based, who has been
1821adjudicated as a habitual felony offender under s. 775.084, or
1822who has been adjudicated guilty of a forcible felony offense as
1823described in s. 776.08, renders the person ineligible shall not
1824be eligible for an award. Notwithstanding the foregoing, upon a
1825finding by the Crime Victims' Services Office of the existence
1826of mitigating or special circumstances that would render such a
1827disqualification unjust, an award may be approved. A decision
1828that mitigating or special circumstances do not exist in a case
1829subject to this section does shall not constitute final agency
1830action subject to review pursuant to ss. 120.569 and 120.57.
1831     (4)  Payment may not be made under this chapter if the
1832person who committed the crime upon which the claim is based
1833will receive any direct or indirect financial benefit from such
1834payment, unless such benefit is minimal or inconsequential.
1835Payment may not be denied based on the victim's familial
1836relationship to the offender or based upon the sharing of a
1837residence by the victim and offender, except to prevent unjust
1838enrichment of the offender.
1839     (5)  A person is not ineligible for an award pursuant to
1840paragraph (2)(a), paragraph (2)(b), or paragraph (2)(c) if that
1841person is a victim of sexual exploitation of a child as defined
1842in s. 39.01(67)(g).
1843     Section 22.  Effective January 1, 2012, paragraph (b) of
1844subsection (2) of section 985.115, Florida Statutes, is amended
1845to read:
1846     985.115  Release or delivery from custody.-
1847     (2)  Unless otherwise ordered by the court under s. 985.255
1848or s. 985.26, and unless there is a need to hold the child, a
1849person taking a child into custody shall attempt to release the
1850child as follows:
1851     (b)  Contingent upon specific appropriation, to a shelter
1852approved by the department or to an authorized agent or short-
1853term safe house under s. 39.401(2)(b).
1854     Section 23.  Effective January 1, 2012, paragraph (i) of
1855subsection (1) of section 985.145, Florida Statutes, is amended
1856to read:
1857     985.145  Responsibilities of juvenile probation officer
1858during intake; screenings and assessments.-
1859     (1)  The juvenile probation officer shall serve as the
1860primary case manager for the purpose of managing, coordinating,
1861and monitoring the services provided to the child. Each program
1862administrator within the Department of Children and Family
1863Services shall cooperate with the primary case manager in
1864carrying out the duties and responsibilities described in this
1865section. In addition to duties specified in other sections and
1866through departmental rules, the assigned juvenile probation
1867officer shall be responsible for the following:
1868     (i)  Recommendation concerning a petition.-Upon determining
1869that the report, affidavit, or complaint complies with the
1870standards of a probable cause affidavit and that the interests
1871of the child and the public will be best served, the juvenile
1872probation officer may recommend that a delinquency petition not
1873be filed. If such a recommendation is made, the juvenile
1874probation officer shall advise in writing the person or agency
1875making the report, affidavit, or complaint, the victim, if any,
1876and the law enforcement agency having investigative jurisdiction
1877over the offense of the recommendation; the reasons therefor;
1878and that the person or agency may submit, within 10 days after
1879the receipt of such notice, the report, affidavit, or complaint
1880to the state attorney for special review. In the case of a
1881report, affidavit, or complaint alleging a violation of s.
1882796.07(2)(f), there is a presumption that the juvenile probation
1883officer recommend that a petition not be filed unless the child
1884has previously been adjudicated delinquent. The state attorney,
1885upon receiving a request for special review, shall consider the
1886facts presented by the report, affidavit, or complaint, and by
1887the juvenile probation officer who made the recommendation that
1888no petition be filed, before making a final decision as to
1889whether a petition or information should or should not be filed.
1890     Section 24.  Effective January 1, 2012, paragraph (c) of
1891subsection (1) of section 985.15, Florida Statutes, is amended
1892to read:
1893     985.15  Filing decisions.-
1894     (1)  The state attorney may in all cases take action
1895independent of the action or lack of action of the juvenile
1896probation officer and shall determine the action that is in the
1897best interest of the public and the child. If the child meets
1898the criteria requiring prosecution as an adult under s. 985.556,
1899the state attorney shall request the court to transfer and
1900certify the child for prosecution as an adult or shall provide
1901written reasons to the court for not making such a request. In
1902all other cases, the state attorney may:
1903     (c)  File a petition for delinquency. In the case of a
1904report, affidavit, or complaint alleging a violation of s.
1905796.07(2)(f), there is a presumption that a petition not be
1906filed unless the child has previously been adjudicated
1907delinquent;
1908     Section 25.  If any provision of this act or its
1909application to any person or circumstance is held invalid, the
1910invalidity does not affect other provisions or applications of
1911this act which can be given effect without the invalid provision
1912or application, and to this end the provisions of this act are
1913severable. This section shall take effect upon this act becoming
1914a law.
1915     Section 26.  Except as otherwise expressly provided in this
1916act and except for this section, which shall take effect upon
1917this act becoming a law, this act shall take effect April 30,
19182012.


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