HB 711

1	A bill to be entitled
2	An act relating to sexual offenders and predators;
3	amending s. 856.022, F.S.; clarifying language concerning
4	loitering by certain offenders; amending s. 775.21, F.S.;
5	defining the term "homelessness status" and deleting the
6	definition of the term "transient residence"; conforming
7	provisions to the revisions in terminology made by the
8	act; amending ss. 943.0435, 944.606, 944.607, 985.481, and
9	985.4815, F.S.; conforming provisions to the revisions in
10	terminology made by the act; requiring specified monthly
11	registration by homeless offenders and predators;
12	providing that failure to comply with such registration is
13	a violation of specified provisions; providing an
14	effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Subsection (3) of section 856.022, Florida
19	Statutes, is amended to read:
20	856.022  Loitering or prowling by certain offenders in
21	close proximity to children; penalty.-
22	(3)  A person described in subsection (1) commits loitering
23	and prowling by a person convicted of a sexual offense against a
24	minor if, in committing loitering and prowling, he or she was
25	within 300 feet of a place where children congregate were
26	congregating.
27	Section 2.  Paragraphs (i), (j), (k), (l), and (m) of
28	subsection (2), paragraph (c) of subsection (4), paragraph (a)
29	of subsection (5), paragraphs (a), (f), (g), (i), and (j) of
30	subsection (6), paragraph (a) of subsection (7), and paragraph
31	(a) of subsection (8) of section 775.21, Florida Statutes, are
32	amended to read:
33	775.21  The Florida Sexual Predators Act.-
34	(2)  DEFINITIONS.-As used in this section, the term:
35	(i)  "Homelessness" means a temporary condition and social
36	category of people without a dwelling who are unable to maintain
37	adequate housing. The term "dwelling" includes, but is not
38	limited to, a place where a person sleeps or seeks shelter.
39	(j)(i)  "Instant message name" means an identifier that
40	allows a person to communicate in real time with another person
41	using the Internet.
42	(k)(j)  "Institution of higher education" means a career
43	center, community college, college, state university, or
44	independent postsecondary institution.
45	(l)(k)  "Permanent residence" means a place where the
46	person abides, lodges, or resides for 5 or more consecutive
47	days.
48	(m)(l)  "Temporary residence" means a place where the
49	person abides, lodges, or resides, including, but not limited
50	to, vacation, business, or personal travel destinations in or
51	out of this state, for a period of 5 or more days in the
52	aggregate during any calendar year and which is not the person's
53	permanent address or, for a person whose permanent residence is
54	not in this state, a place where the person is employed,
55	practices a vocation, or is enrolled as a student for any period
56	of time in this state.
57	(m)  "Transient residence" means a place or county where a
58	person lives, remains, or is located for a period of 5 or more
59	days in the aggregate during a calendar year and which is not
60	the person's permanent or temporary address. The term includes,
61	but is not limited to, a place where the person sleeps or seeks
62	shelter and a location that has no specific street address.
63	(4)  SEXUAL PREDATOR CRITERIA.-
64	(c)  If an offender has been registered as a sexual
65	predator by the Department of Corrections, the department, or
66	any other law enforcement agency and if:
67	1.  The court did not, for whatever reason, make a written
68	finding at the time of sentencing that the offender was a sexual
69	predator; or
70	2.  The offender was administratively registered as a
71	sexual predator because the Department of Corrections, the
72	department, or any other law enforcement agency obtained
73	information that indicated that the offender met the criteria
74	for designation as a sexual predator based on a violation of a
75	similar law in another jurisdiction,
76
77	the department shall remove that offender from the department's
78	list of sexual predators and, for an offender described under
79	subparagraph 1., shall notify the state attorney who prosecuted
80	the offense that met the criteria for administrative designation
81	as a sexual predator, and, for an offender described under this
82	paragraph, shall notify the state attorney of the county where
83	the offender establishes or maintains a permanent or, temporary,
84	or transient residence or homelessness status. The state
85	attorney shall bring the matter to the court's attention in
86	order to establish that the offender meets the criteria for
87	designation as a sexual predator. If the court makes a written
88	finding that the offender is a sexual predator, the offender
89	must be designated as a sexual predator, must register or be
90	registered as a sexual predator with the department as provided
91	in subsection (6), and is subject to the community and public
92	notification as provided in subsection (7). If the court does
93	not make a written finding that the offender is a sexual
94	predator, the offender may not be designated as a sexual
95	predator with respect to that offense and is not required to
96	register or be registered as a sexual predator with the
97	department.
98	(5)  SEXUAL PREDATOR DESIGNATION.-An offender is designated
99	as a sexual predator as follows:
100	(a)1.  An offender who meets the sexual predator criteria
101	described in paragraph (4)(d) is a sexual predator, and the
102	court shall make a written finding at the time such offender is
103	determined to be a sexually violent predator under chapter 394
104	that such person meets the criteria for designation as a sexual
105	predator for purposes of this section. The clerk shall transmit
106	a copy of the order containing the written finding to the
107	department within 48 hours after the entry of the order;
108	2.  An offender who meets the sexual predator criteria
109	described in paragraph (4)(a) who is before the court for
110	sentencing for a current offense committed on or after October
111	1, 1993, is a sexual predator, and the sentencing court must
112	make a written finding at the time of sentencing that the
113	offender is a sexual predator, and the clerk of the court shall
114	transmit a copy of the order containing the written finding to
115	the department within 48 hours after the entry of the order; or
116	3.  If the Department of Corrections, the department, or
117	any other law enforcement agency obtains information which
118	indicates that an offender who establishes or maintains a
119	permanent or, temporary, or transient residence or homelessness
120	status in this state meets the sexual predator criteria
121	described in paragraph (4)(a) or paragraph (4)(d) because the
122	offender was civilly committed or committed a similar violation
123	in another jurisdiction on or after October 1, 1993, the
124	Department of Corrections, the department, or the law
125	enforcement agency shall notify the state attorney of the county
126	where the offender establishes or maintains a permanent or,
127	temporary, or transient residence or homelessness status of the
128	offender's presence in the community. The state attorney shall
129	file a petition with the criminal division of the circuit court
130	for the purpose of holding a hearing to determine if the
131	offender's criminal record or record of civil commitment from
132	another jurisdiction meets the sexual predator criteria. If the
133	court finds that the offender meets the sexual predator criteria
134	because the offender has violated a similar law or similar laws
135	in another jurisdiction, the court shall make a written finding
136	that the offender is a sexual predator.
137
138	When the court makes a written finding that an offender is a
139	sexual predator, the court shall inform the sexual predator of
140	the registration and community and public notification
141	requirements described in this section. Within 48 hours after
142	the court designating an offender as a sexual predator, the
143	clerk of the circuit court shall transmit a copy of the court's
144	written sexual predator finding to the department. If the
145	offender is sentenced to a term of imprisonment or supervision,
146	a copy of the court's written sexual predator finding must be
147	submitted to the Department of Corrections.
148	(6)  REGISTRATION.-
149	(a)  A sexual predator must register with the department
150	through the sheriff's office by providing the following
151	information to the department:
152	1.  Name; social security number; age; race; sex; date of
153	birth; height; weight; hair and eye color; photograph; address
154	of legal residence and address of any current temporary
155	residence, within the state or out of state, including a rural
156	route address and a post office box; if no permanent or
157	temporary address, a specific sleeping location or location
158	where he or she is seeking shelter any transient residence
159	within the state, which the person must update in person on a
160	monthly basis to the sheriff's office of the county in which he
161	or she is located as long as he or she has no permanent or
162	temporary address; address, location or description, and dates
163	of any current or known future temporary residence, specific
164	sleeping location, or location where he or she is or will be
165	seeking shelter within the state or out of state; any electronic
166	mail address and any instant message name required to be
167	provided pursuant to subparagraph (g)4.; home telephone number
168	and any cellular telephone number; date and place of any
169	employment; date and place of each conviction; fingerprints; and
170	a brief description of the crime or crimes committed by the
171	offender. A post office box shall not be provided in lieu of a
172	physical residential address.
173	a.  If the sexual predator's place of residence is a motor
174	vehicle, trailer, mobile home, or manufactured home, as defined
175	in chapter 320, the sexual predator shall also provide to the
176	department written notice of the vehicle identification number;
177	the license tag number; the registration number; and a
178	description, including color scheme, of the motor vehicle,
179	trailer, mobile home, or manufactured home. If a sexual
180	predator's place of residence is a vessel, live-aboard vessel,
181	or houseboat, as defined in chapter 327, the sexual predator
182	shall also provide to the department written notice of the hull
183	identification number; the manufacturer's serial number; the
184	name of the vessel, live-aboard vessel, or houseboat; the
185	registration number; and a description, including color scheme,
186	of the vessel, live-aboard vessel, or houseboat.
187	b.  If the sexual predator is enrolled, employed, or
188	carrying on a vocation at an institution of higher education in
189	this state, the sexual predator shall also provide to the
190	department the name, address, and county of each institution,
191	including each campus attended, and the sexual predator's
192	enrollment or employment status. Each change in enrollment or
193	employment status shall be reported in person at the sheriff's
194	office, or the Department of Corrections if the sexual predator
195	is in the custody or control of or under the supervision of the
196	Department of Corrections, within 48 hours after any change in
197	status. The sheriff or the Department of Corrections shall
198	promptly notify each institution of the sexual predator's
199	presence and any change in the sexual predator's enrollment or
200	employment status.
201	2.  Any other information determined necessary by the
202	department, including criminal and corrections records;
203	nonprivileged personnel and treatment records; and evidentiary
204	genetic markers when available.
205	(f)  Within 48 hours after the registration required under
206	paragraph (a) or paragraph (e), a sexual predator who is not
207	incarcerated and who resides in the community, including a
208	sexual predator under the supervision of the Department of
209	Corrections, shall register in person at a driver's license
210	office of the Department of Highway Safety and Motor Vehicles
211	and shall present proof of registration. At the driver's license
212	office the sexual predator shall:
213	1.  If otherwise qualified, secure a Florida driver's
214	license, renew a Florida driver's license, or secure an
215	identification card. The sexual predator shall identify himself
216	or herself as a sexual predator who is required to comply with
217	this section, provide his or her place of permanent or,
218	temporary, or transient residence, specific sleeping location,
219	or location where he or she is seeking shelter, including a
220	rural route address and a post office box, and submit to the
221	taking of a photograph for use in issuing a driver's license,
222	renewed license, or identification card, and for use by the
223	department in maintaining current records of sexual predators. A
224	post office box shall not be provided in lieu of a physical
225	residential address. If the sexual predator's place of residence
226	is a motor vehicle, trailer, mobile home, or manufactured home,
227	as defined in chapter 320, the sexual predator shall also
228	provide to the Department of Highway Safety and Motor Vehicles
229	the vehicle identification number; the license tag number; the
230	registration number; and a description, including color scheme,
231	of the motor vehicle, trailer, mobile home, or manufactured
232	home. If a sexual predator's place of residence is a vessel,
233	live-aboard vessel, or houseboat, as defined in chapter 327, the
234	sexual predator shall also provide to the Department of Highway
235	Safety and Motor Vehicles the hull identification number; the
236	manufacturer's serial number; the name of the vessel, live-
237	aboard vessel, or houseboat; the registration number; and a
238	description, including color scheme, of the vessel, live-aboard
239	vessel, or houseboat.
240	2.  Pay the costs assessed by the Department of Highway
241	Safety and Motor Vehicles for issuing or renewing a driver's
242	license or identification card as required by this section. The
243	driver's license or identification card issued to the sexual
244	predator must be in compliance with s. 322.141(3).
245	3.  Provide, upon request, any additional information
246	necessary to confirm the identity of the sexual predator,
247	including a set of fingerprints.
248	(g)1.  Each time a sexual predator's driver's license or
249	identification card is subject to renewal, and, without regard
250	to the status of the predator's driver's license or
251	identification card, within 48 hours after any change of the
252	predator's residence or change in the predator's name by reason
253	of marriage or other legal process, the predator shall report in
254	person to a driver's license office and shall be subject to the
255	requirements specified in paragraph (f). The Department of
256	Highway Safety and Motor Vehicles shall forward to the
257	department and to the Department of Corrections all photographs
258	and information provided by sexual predators. Notwithstanding
259	the restrictions set forth in s. 322.142, the Department of
260	Highway Safety and Motor Vehicles is authorized to release a
261	reproduction of a color-photograph or digital-image license to
262	the Department of Law Enforcement for purposes of public
263	notification of sexual predators as provided in this section.
264	2.  A sexual predator who vacates a permanent or,
265	temporary, or transient residence, specific sleeping location,
266	or location where he or she is seeking shelter and fails to
267	establish or maintain another permanent or, temporary, or
268	transient residence, specific sleeping location, or location
269	where he or she is seeking shelter shall, within 48 hours after
270	vacating the permanent or, temporary, or transient residence,
271	specific sleeping location, or location where he or she is
272	seeking shelter, report in person to the sheriff's office of the
273	county in which he or she is located. A sexual predator who
274	remains homeless must report in person once a month and register
275	a specific sleeping location or location where he or she is
276	seeking shelter. The sexual predator shall specify the date upon
277	which he or she intends to or did vacate such residence. The
278	sexual predator must provide or update all of the registration
279	information required under paragraph (a). The sexual predator
280	must provide an address for the residence or other place that he
281	or she is or will be located during the time in which he or she
282	fails to establish or maintain a permanent or temporary
283	residence or, if in a homelessness status, must report his or
284	her new sleeping location.
285	3.  A sexual predator who remains at a permanent or,
286	temporary, or transient residence, specific sleeping location,
287	or location where he or she is seeking shelter after reporting
288	his or her intent to vacate such residence shall, within 48
289	hours after the date upon which the predator indicated he or she
290	would or did vacate such residence, report in person to the
291	sheriff's office to which he or she reported pursuant to
292	subparagraph 2. for the purpose of reporting his or her address
293	at such residence. A sexual predator who fails to update this
294	registration on monthly basis as required in subparagraph 2.
295	violates this registration requirement. This registration is in
296	addition to any other registration mandated by this section. If
297	the predator claims to be homeless but actually has a residence
298	or place to live, he or she commits a violation of this section.
299	When the sheriff receives the report, the sheriff shall promptly
300	convey the information to the department. An offender who makes
301	a report as required under subparagraph 2. but fails to make a
302	report as required under this subparagraph commits a felony of
303	the second degree, punishable as provided in s. 775.082, s.
304	775.083, or s. 775.084.
305	4.  A sexual predator must register any electronic mail
306	address or instant message name with the department prior to
307	using such electronic mail address or instant message name on or
308	after October 1, 2007. The department shall establish an online
309	system through which sexual predators may securely access and
310	update all electronic mail address and instant message name
311	information.
312	(i)  A sexual predator who intends to establish a permanent
313	or, temporary, or transient residence or homelessness status in
314	another state or jurisdiction other than the State of Florida
315	shall report in person to the sheriff of the county of current
316	residence within 48 hours before the date he or she intends to
317	leave this state to establish residence in another state or
318	jurisdiction. The sexual predator must provide to the sheriff
319	the address, municipality, county, and state of intended
320	residence. The sheriff shall promptly provide to the department
321	the information received from the sexual predator. The
322	department shall notify the statewide law enforcement agency, or
323	a comparable agency, in the intended state or jurisdiction of
324	residence of the sexual predator's intended residence. The
325	failure of a sexual predator to provide his or her intended
326	place of residence is punishable as provided in subsection (10).
327	(j)  A sexual predator who indicates his or her intent to
328	establish a permanent or, temporary, or transient residence or
329	homelessness status in another state or jurisdiction other than
330	the State of Florida and later decides to remain in this state
331	shall, within 48 hours after the date upon which the sexual
332	predator indicated he or she would leave this state, report in
333	person to the sheriff to which the sexual predator reported the
334	intended change of residence, and report his or her intent to
335	remain in this state. If the sheriff is notified by the sexual
336	predator that he or she intends to remain in this state, the
337	sheriff shall promptly report this information to the
338	department. A sexual predator who reports his or her intent to
339	establish a permanent or, temporary, or transient residence or
340	homelessness status in another state or jurisdiction, but who
341	remains in this state without reporting to the sheriff in the
342	manner required by this paragraph, commits a felony of the
343	second degree, punishable as provided in s. 775.082, s. 775.083,
344	or s. 775.084.
345	(7)  COMMUNITY AND PUBLIC NOTIFICATION.-
346	(a)  Law enforcement agencies must inform members of the
347	community and the public of a sexual predator's presence. Upon
348	notification of the presence of a sexual predator, the sheriff
349	of the county or the chief of police of the municipality where
350	the sexual predator establishes or maintains a permanent or
351	temporary residence shall notify members of the community and
352	the public of the presence of the sexual predator in a manner
353	deemed appropriate by the sheriff or the chief of police. Within
354	48 hours after receiving notification of the presence of a
355	sexual predator, the sheriff of the county or the chief of
356	police of the municipality where the sexual predator temporarily
357	or permanently resides shall notify each licensed child care
358	facility, elementary school, middle school, and high school
359	within a 1-mile radius of the temporary or permanent residence
360	of the sexual predator of the presence of the sexual predator.
361	Information provided to members of the community and the public
362	regarding a sexual predator must include:
363	1.  The name of the sexual predator;
364	2.  A description of the sexual predator, including a
365	photograph;
366	3.  The sexual predator's current permanent or, temporary,
367	and transient addresses, specific sleeping location, or location
368	where he or she is seeking shelter, and descriptions of
369	registered locations that have no specific street address,
370	including the name of the county or municipality if known;
371	4.  The circumstances of the sexual predator's offense or
372	offenses; and
373	5.  Whether the victim of the sexual predator's offense or
374	offenses was, at the time of the offense, a minor or an adult.
375
376	This paragraph does not authorize the release of the name of any
377	victim of the sexual predator.
378	(8)  VERIFICATION.-The department and the Department of
379	Corrections shall implement a system for verifying the addresses
380	of sexual predators. The system must be consistent with the
381	provisions of the federal Adam Walsh Child Protection and Safety
382	Act of 2006 and any other federal standards applicable to such
383	verification or required to be met as a condition for the
384	receipt of federal funds by the state. The Department of
385	Corrections shall verify the addresses of sexual predators who
386	are not incarcerated but who reside in the community under the
387	supervision of the Department of Corrections and shall report to
388	the department any failure by a sexual predator to comply with
389	registration requirements. County and local law enforcement
390	agencies, in conjunction with the department, shall verify the
391	addresses of sexual predators who are not under the care,
392	custody, control, or supervision of the Department of
393	Corrections. Local law enforcement agencies shall report to the
394	department any failure by a sexual predator to comply with
395	registration requirements.
396	(a)  A sexual predator must report in person each year
397	during the month of the sexual predator's birthday and during
398	every third month thereafter to the sheriff's office in the
399	county in which he or she resides or is otherwise located to
400	reregister. The sheriff's office may determine the appropriate
401	times and days for reporting by the sexual predator, which shall
402	be consistent with the reporting requirements of this paragraph.
403	Reregistration shall include any changes to the following
404	information:
405	1.  Name; social security number; age; race; sex; date of
406	birth; height; weight; hair and eye color; address of any
407	permanent residence and address of any current temporary
408	residence, within the state or out of state, including a rural
409	route address and a post office box; if no permanent or
410	temporary address, a specific sleeping location or location
411	where he or she is seeking shelter any transient residence
412	within the state; address, location or description, and dates of
413	any current or known future temporary residence, specific
414	sleeping location, or location where he or she is or will be
415	seeking shelter within the state or out of state; any electronic
416	mail address and any instant message name required to be
417	provided pursuant to subparagraph (6)(g)4.; home telephone
418	number and any cellular telephone number; date and place of any
419	employment; vehicle make, model, color, and license tag number;
420	fingerprints; and photograph. A post office box shall not be
421	provided in lieu of a physical residential address.
422	2.  If the sexual predator is enrolled, employed, or
423	carrying on a vocation at an institution of higher education in
424	this state, the sexual predator shall also provide to the
425	department the name, address, and county of each institution,
426	including each campus attended, and the sexual predator's
427	enrollment or employment status.
428	3.  If the sexual predator's place of residence is a motor
429	vehicle, trailer, mobile home, or manufactured home, as defined
430	in chapter 320, the sexual predator shall also provide the
431	vehicle identification number; the license tag number; the
432	registration number; and a description, including color scheme,
433	of the motor vehicle, trailer, mobile home, or manufactured
434	home. If the sexual predator's place of residence is a vessel,
435	live-aboard vessel, or houseboat, as defined in chapter 327, the
436	sexual predator shall also provide the hull identification
437	number; the manufacturer's serial number; the name of the
438	vessel, live-aboard vessel, or houseboat; the registration
439	number; and a description, including color scheme, of the
440	vessel, live-aboard vessel, or houseboat.
441	Section 3.  Paragraph (c) of subsection (1), subsection
442	(2), paragraphs (a), (b), and (c) of subsection (4), subsections
443	(7), (8), and (10), and paragraph (c) of subsection (14) of
444	section 943.0435, Florida Statutes, are amended to read:
445	943.0435  Sexual offenders required to register with the
446	department; penalty.-
447	(1)  As used in this section, the term:
448	(c)  "Permanent residence," "temporary residence," and
449	"homelessness" "transient residence" have the same meaning
450	ascribed in s. 775.21.
451	(2)  A sexual offender shall:
452	(a)  Report in person at the sheriff's office:
453	1.  In the county in which the offender establishes or
454	maintains a permanent or, temporary, or transient residence or
455	homelessness status within 48 hours after:
456	a.  Establishing a permanent or, temporary, or transient
457	residence or a specific sleeping location or location where he
458	or she is seeking shelter in this state; or
459	b.  Being released from the custody, control, or
460	supervision of the Department of Corrections or from the custody
461	of a private correctional facility; or
462	2.  In the county where he or she was convicted within 48
463	hours after being convicted for a qualifying offense for
464	registration under this section if the offender is not in the
465	custody or control of, or under the supervision of, the
466	Department of Corrections, or is not in the custody of a private
467	correctional facility.
468
469	Any change in the information required to be provided pursuant
470	to paragraph (b), including, but not limited to, any change in
471	the sexual offender's permanent or, temporary, or transient
472	residence or homelessness status, name, any electronic mail
473	address and any instant message name required to be provided
474	pursuant to paragraph (4)(d), after the sexual offender reports
475	in person at the sheriff's office, shall be accomplished in the
476	manner provided in subsections (4), (7), and (8).
477	(b)  Provide his or her name; date of birth; social
478	security number; race; sex; height; weight; hair and eye color;
479	tattoos or other identifying marks; occupation and place of
480	employment; address of permanent or legal residence or address
481	of any current temporary residence, within the state or out of
482	state, including a rural route address and a post office box; if
483	no permanent or temporary address, a specific sleeping location
484	or location where he or she is seeking shelter any transient
485	residence within the state, which the person must update in
486	person on a monthly basis to the sheriff's office of the county
487	in which he or she is located as long as he or she has no
488	permanent or temporary address, address, location or
489	description, and dates of any current or known future temporary
490	residence, specific sleeping location, or location where he or
491	she is or will be seeking shelter within the state or out of
492	state; home telephone number and any cellular telephone number;
493	any electronic mail address and any instant message name
494	required to be provided pursuant to paragraph (4)(d); date and
495	place of each conviction; and a brief description of the crime
496	or crimes committed by the offender. A post office box shall not
497	be provided in lieu of a physical residential address.
498	1.  If the sexual offender's place of residence is a motor
499	vehicle, trailer, mobile home, or manufactured home, as defined
500	in chapter 320, the sexual offender shall also provide to the
501	department through the sheriff's office written notice of the
502	vehicle identification number; the license tag number; the
503	registration number; and a description, including color scheme,
504	of the motor vehicle, trailer, mobile home, or manufactured
505	home. If the sexual offender's place of residence is a vessel,
506	live-aboard vessel, or houseboat, as defined in chapter 327, the
507	sexual offender shall also provide to the department written
508	notice of the hull identification number; the manufacturer's
509	serial number; the name of the vessel, live-aboard vessel, or
510	houseboat; the registration number; and a description, including
511	color scheme, of the vessel, live-aboard vessel, or houseboat.
512	2.  If the sexual offender is enrolled, employed, or
513	carrying on a vocation at an institution of higher education in
514	this state, the sexual offender shall also provide to the
515	department through the sheriff's office the name, address, and
516	county of each institution, including each campus attended, and
517	the sexual offender's enrollment or employment status. Each
518	change in enrollment or employment status shall be reported in
519	person at the sheriff's office, within 48 hours after any change
520	in status. The sheriff shall promptly notify each institution of
521	the sexual offender's presence and any change in the sexual
522	offender's enrollment or employment status.
523
524	When a sexual offender reports at the sheriff's office, the
525	sheriff shall take a photograph and a set of fingerprints of the
526	offender and forward the photographs and fingerprints to the
527	department, along with the information provided by the sexual
528	offender. The sheriff shall promptly provide to the department
529	the information received from the sexual offender.
530	(4)(a)  Each time a sexual offender's driver's license or
531	identification card is subject to renewal, and, without regard
532	to the status of the offender's driver's license or
533	identification card, within 48 hours after any change in the
534	offender's permanent or, temporary, or transient residence,
535	specific sleeping location, or location where he or she is
536	seeking shelter or change in the offender's name by reason of
537	marriage or other legal process, the offender shall report in
538	person to a driver's license office, and shall be subject to the
539	requirements specified in subsection (3). The Department of
540	Highway Safety and Motor Vehicles shall forward to the
541	department all photographs and information provided by sexual
542	offenders. Notwithstanding the restrictions set forth in s.
543	322.142, the Department of Highway Safety and Motor Vehicles is
544	authorized to release a reproduction of a color-photograph or
545	digital-image license to the Department of Law Enforcement for
546	purposes of public notification of sexual offenders as provided
547	in this section and ss. 943.043 and 944.606.
548	(b)  A sexual offender who vacates a permanent or,
549	temporary, or transient residence, specific sleeping location,
550	or location where he or she is seeking shelter and fails to
551	establish or maintain another permanent or, temporary, or
552	transient residence, specific sleeping location, or location
553	where he or she is seeking shelter shall, within 48 hours after
554	vacating the permanent or, temporary, or transient residence,
555	specific sleeping location, or location where he or she is
556	seeking shelter, report in person to the sheriff's office of the
557	county in which he or she is located. A sexual offender who
558	remains homeless must report in person once a month to the
559	sheriff's office of the county in which he or she is located and
560	register a specific sleeping location or location where he or
561	she is seeking shelter. The sexual offender shall specify the
562	date upon which he or she intends to or did vacate such
563	residence. The sexual offender must provide or update all of the
564	registration information required under paragraph (2)(b). The
565	sexual offender must provide an address for the residence or
566	other place that he or she is or will be located during the time
567	in which he or she fails to establish or maintain a permanent or
568	temporary residence.
569	(c)  A sexual offender who remains at a permanent or,
570	temporary, or transient residence, specific sleeping location,
571	or location where he or she is seeking shelter after reporting
572	his or her intent to vacate such residence, specific sleeping
573	location, or location where he or she is seeking shelter shall,
574	within 48 hours after the date upon which the offender indicated
575	he or she would or did vacate such residence, specific sleeping
576	location, or location where he or she is seeking shelter, report
577	in person to the agency to which he or she reported pursuant to
578	paragraph (b) for the purpose of reporting his or her address at
579	such residence, specific sleeping location, or location where he
580	or she is seeking shelter. A sexual offender who fails to update
581	this registration on monthly basis as required in paragraph (b)
582	violates this registration requirement. This registration is in
583	addition to any other registration mandated by this section. If
584	the offender claims to be homeless but actually has a residence
585	or place to live, he or she commits a violation of this section.
586	When the sheriff receives the report, the sheriff shall promptly
587	convey the information to the department. An offender who makes
588	a report as required under paragraph (b) but fails to make a
589	report as required under this paragraph commits a felony of the
590	second degree, punishable as provided in s. 775.082, s. 775.083,
591	or s. 775.084.
592	(7)  A sexual offender who intends to establish a permanent
593	or, temporary, or transient residence or homelessness status in
594	another state or jurisdiction other than the State of Florida
595	shall report in person to the sheriff of the county of current
596	residence, specific sleeping location, or location where he or
597	she is seeking shelter within 48 hours before the date he or she
598	intends to leave this state to establish residence or
599	homelessness status in another state or jurisdiction. The
600	notification must include the address, municipality, county, and
601	state of intended residence, specific sleeping location, or
602	location where he or she is seeking shelter. The sheriff shall
603	promptly provide to the department the information received from
604	the sexual offender. The department shall notify the statewide
605	law enforcement agency, or a comparable agency, in the intended
606	state or jurisdiction of residence or homelessness status of the
607	sexual offender's intended residence, specific sleeping
608	location, or location where he or she is seeking shelter. The
609	failure of a sexual offender to provide his or her intended
610	place of residence, specific sleeping location, or location
611	where he or she is seeking shelter is punishable as provided in
612	subsection (9).
613	(8)  A sexual offender who indicates his or her intent to
614	establish a permanent or, temporary, or transient residence or
615	homelessness status in another state or jurisdiction other than
616	the State of Florida and later decides to remain in this state
617	shall, within 48 hours after the date upon which the sexual
618	offender indicated he or she would leave this state, report in
619	person to the sheriff to which the sexual offender reported the
620	intended change of permanent or, temporary, or transient
621	residence or homelessness status, and report his or her intent
622	to remain in this state. The sheriff shall promptly report this
623	information to the department. A sexual offender who reports his
624	or her intent to establish a permanent or, temporary, or
625	transient residence or homelessness status in another state or
626	jurisdiction but who remains in this state without reporting to
627	the sheriff in the manner required by this subsection commits a
628	felony of the second degree, punishable as provided in s.
629	775.082, s. 775.083, or s. 775.084.
630	(10)  The department, the Department of Highway Safety and
631	Motor Vehicles, the Department of Corrections, the Department of
632	Juvenile Justice, any law enforcement agency in this state, and
633	the personnel of those departments; an elected or appointed
634	official, public employee, or school administrator; or an
635	employee, agency, or any individual or entity acting at the
636	request or upon the direction of any law enforcement agency is
637	immune from civil liability for damages for good faith
638	compliance with the requirements of this section or for the
639	release of information under this section, and shall be presumed
640	to have acted in good faith in compiling, recording, reporting,
641	or releasing the information. The presumption of good faith is
642	not overcome if a technical or clerical error is made by the
643	department, the Department of Highway Safety and Motor Vehicles,
644	the Department of Corrections, the Department of Juvenile
645	Justice, the personnel of those departments, or any individual
646	or entity acting at the request or upon the direction of any of
647	those departments in compiling or providing information, or if
648	information is incomplete or incorrect because a sexual offender
649	fails to report or falsely reports his or her current place of
650	permanent or, temporary, or transient residence, specific
651	sleeping location, or location where he or she is seeking
652	shelter.
653	(14)
654	(c)  The sheriff's office may determine the appropriate
655	times and days for reporting by the sexual offender, which shall
656	be consistent with the reporting requirements of this
657	subsection. Reregistration shall include any changes to the
658	following information:
659	1.  Name; social security number; age; race; sex; date of
660	birth; height; weight; hair and eye color; address of any
661	permanent residence and address of any current temporary
662	residence, within the state or out of state, including a rural
663	route address and a post office box; if no permanent or
664	temporary address, a specific sleeping location or location
665	where he or she is seeking shelter any transient residence
666	within the state; address, location or description, and dates of
667	any current or known future temporary residence, specific
668	sleeping location, or location where he or she is or will be
669	seeking shelter within the state or out of state; any electronic
670	mail address and any instant message name required to be
671	provided pursuant to paragraph (4)(d); home telephone number and
672	any cellular telephone number; date and place of any employment;
673	vehicle make, model, color, and license tag number;
674	fingerprints; and photograph. A post office box shall not be
675	provided in lieu of a physical residential address.
676	2.  If the sexual offender is enrolled, employed, or
677	carrying on a vocation at an institution of higher education in
678	this state, the sexual offender shall also provide to the
679	department the name, address, and county of each institution,
680	including each campus attended, and the sexual offender's
681	enrollment or employment status.
682	3.  If the sexual offender's place of residence is a motor
683	vehicle, trailer, mobile home, or manufactured home, as defined
684	in chapter 320, the sexual offender shall also provide the
685	vehicle identification number; the license tag number; the
686	registration number; and a description, including color scheme,
687	of the motor vehicle, trailer, mobile home, or manufactured
688	home. If the sexual offender's place of residence is a vessel,
689	live-aboard vessel, or houseboat, as defined in chapter 327, the
690	sexual offender shall also provide the hull identification
691	number; the manufacturer's serial number; the name of the
692	vessel, live-aboard vessel, or houseboat; the registration
693	number; and a description, including color scheme, of the
694	vessel, live-aboard vessel or houseboat.
695	4.  Any sexual offender who fails to report in person as
696	required at the sheriff's office, or who fails to respond to any
697	address verification correspondence from the department within 3
698	weeks of the date of the correspondence or who fails to report
699	electronic mail addresses or instant message names, commits a
700	felony of the third degree, punishable as provided in s.
701	775.082, s. 775.083, or s. 775.084.
702	Section 4.  Paragraph (a) of subsection (3) of section
703	944.606, Florida Statutes, is amended to read:
704	944.606  Sexual offenders; notification upon release.-
705	(3)(a)  The department must provide information regarding
706	any sexual offender who is being released after serving a period
707	of incarceration for any offense, as follows:
708	1.  The department must provide: the sexual offender's
709	name, any change in the offender's name by reason of marriage or
710	other legal process, and any alias, if known; the correctional
711	facility from which the sexual offender is released; the sexual
712	offender's social security number, race, sex, date of birth,
713	height, weight, and hair and eye color; address of any planned
714	permanent residence or temporary residence, within the state or
715	out of state, including a rural route address and a post office
716	box; if no permanent or temporary address, a specific sleeping
717	location or location where he or she is seeking shelter any
718	transient residence within the state; address, location or
719	description, and dates of any known future temporary residence,
720	specific sleeping location, or location where he or she is or
721	will be seeking shelter within the state or out of state; date
722	and county of sentence and each crime for which the offender was
723	sentenced; a copy of the offender's fingerprints and a digitized
724	photograph taken within 60 days before release; the date of
725	release of the sexual offender; any electronic mail address and
726	any instant message name required to be provided pursuant to s.
727	943.0435(4)(d); and home telephone number and any cellular
728	telephone number. The department shall notify the Department of
729	Law Enforcement if the sexual offender escapes, absconds, or
730	dies. If the sexual offender is in the custody of a private
731	correctional facility, the facility shall take the digitized
732	photograph of the sexual offender within 60 days before the
733	sexual offender's release and provide this photograph to the
734	Department of Corrections and also place it in the sexual
735	offender's file. If the sexual offender is in the custody of a
736	local jail, the custodian of the local jail shall register the
737	offender within 3 business days after intake of the offender for
738	any reason and upon release, and shall notify the Department of
739	Law Enforcement of the sexual offender's release and provide to
740	the Department of Law Enforcement the information specified in
741	this paragraph and any information specified in subparagraph 2.
742	that the Department of Law Enforcement requests.
743	2.  The department may provide any other information deemed
744	necessary, including criminal and corrections records,
745	nonprivileged personnel and treatment records, when available.
746	Section 5.  Paragraph (a) of subsection (4), paragraph (b)
747	of subsection (6), and paragraph (c) of subsection (13) of
748	section 944.607, Florida Statutes, are amended to read:
749	944.607  Notification to Department of Law Enforcement of
750	information on sexual offenders.-
751	(4)  A sexual offender, as described in this section, who
752	is under the supervision of the Department of Corrections but is
753	not incarcerated must register with the Department of
754	Corrections within 3 business days after sentencing for a
755	registrable offense and otherwise provide information as
756	required by this subsection.
757	(a)  The sexual offender shall provide his or her name;
758	date of birth; social security number; race; sex; height;
759	weight; hair and eye color; tattoos or other identifying marks;
760	any electronic mail address and any instant message name
761	required to be provided pursuant to s. 943.0435(4)(d); permanent
762	or legal residence and address of temporary residence within the
763	state or out of state while the sexual offender is under
764	supervision in this state, including any rural route address or
765	post office box; if no permanent or temporary address, a
766	specific sleeping location or location where he or she is
767	seeking shelter any transient residence within the state, which
768	the person must update in person on a monthly basis to the
769	sheriff's office of the county in which he or she is located as
770	long as he or she has no permanent or temporary address; and
771	address, location or description, and dates of any current or
772	known future temporary residence, specific sleeping location, or
773	location where he or she is or will be seeking shelter within
774	the state or out of state. The Department of Corrections shall
775	verify the address of each sexual offender in the manner
776	described in ss. 775.21 and 943.0435. The department shall
777	report to the Department of Law Enforcement any failure by a
778	sexual predator or sexual offender to comply with registration
779	requirements.
780	(6)  The information provided to the Department of Law
781	Enforcement must include:
782	(b)  The sexual offender's most current address, place of
783	permanent or, temporary, or transient residence, specific
784	sleeping location, or location where he or she is seeking
785	shelter within the state or out of state, and address, location
786	or description, and dates of any current or known future
787	temporary residence, specific sleeping location, or location
788	where he or she is or will be seeking shelter within the state
789	or out of state, while the sexual offender is under supervision
790	in this state, including the name of the county or municipality
791	in which the offender permanently or temporarily resides, or has
792	homelessness status a transient residence, and address, location
793	or description, and dates of any current or known future
794	temporary residence within the state or out of state, and, if
795	known, the intended place of permanent or, temporary, or
796	transient residence, specific sleeping location, or location
797	where he or she is seeking shelter, and address, location or
798	description, and dates of any current or known future specific
799	sleeping location or location where he or she is seeking shelter
800	temporary residence within the state or out of state upon
801	satisfaction of all sanctions;
802
803	If any information provided by the department changes during the
804	time the sexual offender is under the department's control,
805	custody, or supervision, including any change in the offender's
806	name by reason of marriage or other legal process, the
807	department shall, in a timely manner, update the information and
808	provide it to the Department of Law Enforcement in the manner
809	prescribed in subsection (2).
810	(13)
811	(c)  The sheriff's office may determine the appropriate
812	times and days for reporting by the sexual offender, which shall
813	be consistent with the reporting requirements of this
814	subsection. Reregistration shall include any changes to the
815	following information:
816	1.  Name; social security number; age; race; sex; date of
817	birth; height; weight; hair and eye color; address of any
818	permanent residence and address of any current temporary
819	residence, within the state or out of state, including a rural
820	route address and a post office box; if no permanent or
821	temporary address, a specific sleeping location or location
822	where he or she is seeking shelter any transient residence;
823	address, location or description, and dates of any current or
824	known future temporary residence, specific sleeping location, or
825	location where he or she is or will be seeking shelter within
826	the state or out of state; any electronic mail address and any
827	instant message name required to be provided pursuant to s.
828	943.0435(4)(d); date and place of any employment; vehicle make,
829	model, color, and license tag number; fingerprints; and
830	photograph. A post office box shall not be provided in lieu of a
831	physical residential address.
832	2.  If the sexual offender is enrolled, employed, or
833	carrying on a vocation at an institution of higher education in
834	this state, the sexual offender shall also provide to the
835	department the name, address, and county of each institution,
836	including each campus attended, and the sexual offender's
837	enrollment or employment status.
838	3.  If the sexual offender's place of residence is a motor
839	vehicle, trailer, mobile home, or manufactured home, as defined
840	in chapter 320, the sexual offender shall also provide the
841	vehicle identification number; the license tag number; the
842	registration number; and a description, including color scheme,
843	of the motor vehicle, trailer, mobile home, or manufactured
844	home. If the sexual offender's place of residence is a vessel,
845	live-aboard vessel, or houseboat, as defined in chapter 327, the
846	sexual offender shall also provide the hull identification
847	number; the manufacturer's serial number; the name of the
848	vessel, live-aboard vessel, or houseboat; the registration
849	number; and a description, including color scheme, of the
850	vessel, live-aboard vessel or houseboat.
851	4.  Any sexual offender who fails to report in person as
852	required at the sheriff's office, or who fails to respond to any
853	address verification correspondence from the department within 3
854	weeks of the date of the correspondence, or who fails to report
855	electronic mail addresses or instant message names, commits a
856	felony of the third degree, punishable as provided in s.
857	775.082, s. 775.083, or s. 775.084.
858	Section 6.  Paragraph (a) of subsection (3) of section
859	985.481, Florida Statutes, is amended to read:
860	985.481  Sexual offenders adjudicated delinquent;
861	notification upon release.-
862	(3)(a)  The department must provide information regarding
863	any sexual offender who is being released after serving a period
864	of residential commitment under the department for any offense,
865	as follows:
866	1.  The department must provide the sexual offender's name,
867	any change in the offender's name by reason of marriage or other
868	legal process, and any alias, if known; the correctional
869	facility from which the sexual offender is released; the sexual
870	offender's social security number, race, sex, date of birth,
871	height, weight, and hair and eye color; address of any planned
872	permanent residence or temporary residence, within the state or
873	out of state, including a rural route address and a post office
874	box; if no permanent or temporary address, a specific sleeping
875	location or location where he or she is seeking shelter any
876	transient residence within the state; address, location or
877	description, and dates of any known future temporary residence,
878	specific sleeping location, or location where he or she is or
879	will be seeking shelter within the state or out of state; date
880	and county of disposition and each crime for which there was a
881	disposition; a copy of the offender's fingerprints and a
882	digitized photograph taken within 60 days before release; the
883	date of release of the sexual offender; and home telephone
884	number and any cellular telephone number. The department shall
885	notify the Department of Law Enforcement if the sexual offender
886	escapes, absconds, or dies. If the sexual offender is in the
887	custody of a private correctional facility, the facility shall
888	take the digitized photograph of the sexual offender within 60
889	days before the sexual offender's release and also place it in
890	the sexual offender's file. If the sexual offender is in the
891	custody of a local jail, the custodian of the local jail shall
892	register the offender within 3 business days after intake of the
893	offender for any reason and upon release, and shall notify the
894	Department of Law Enforcement of the sexual offender's release
895	and provide to the Department of Law Enforcement the information
896	specified in this subparagraph and any information specified in
897	subparagraph 2. which the Department of Law Enforcement
898	requests.
899	2.  The department may provide any other information
900	considered necessary, including criminal and delinquency
901	records, when available.
902	Section 7.  Paragraph (a) of subsection (4), paragraph (a)
903	of subsection (6), and paragraph (b) of subsection (13) of
904	section 985.4815, Florida Statutes, are amended to read:
905	985.4815  Notification to Department of Law Enforcement of
906	information on juvenile sexual offenders.-
907	(4)  A sexual offender, as described in this section, who
908	is under the supervision of the department but who is not
909	committed must register with the department within 3 business
910	days after adjudication and disposition for a registrable
911	offense and otherwise provide information as required by this
912	subsection.
913	(a)  The sexual offender shall provide his or her name;
914	date of birth; social security number; race; sex; height;
915	weight; hair and eye color; tattoos or other identifying marks;
916	permanent or legal residence and address of temporary residence
917	within the state or out of state while the sexual offender is in
918	the care or custody or under the jurisdiction or supervision of
919	the department in this state, including any rural route address
920	or post office box; if no permanent or temporary address, a
921	specific sleeping location or location where he or she is
922	seeking shelter any transient residence; address, location or
923	description, and dates of any current or known future temporary
924	residence, specific sleeping location, or location where he or
925	she is or will be seeking shelter within the state or out of
926	state; and the name and address of each school attended. The
927	department shall verify the address of each sexual offender and
928	shall report to the Department of Law Enforcement any failure by
929	a sexual offender to comply with registration requirements.
930	(6)(a)  The information provided to the Department of Law
931	Enforcement must include the following:
932	1.  The information obtained from the sexual offender under
933	subsection (4).
934	2.  The sexual offender's most current address and place of
935	permanent or, temporary, or transient residence, specific
936	sleeping location, or location where he or she is seeking
937	shelter within the state or out of state, and address, location
938	or description, and dates of any current or known future
939	temporary residence, specific sleeping location, or location
940	where he or she is or will be seeking shelter within the state
941	or out of state, while the sexual offender is in the care or
942	custody or under the jurisdiction or supervision of the
943	department in this state, including the name of the county or
944	municipality in which the offender permanently or temporarily
945	resides, or has a specific sleeping location or location where
946	he or she is seeking shelter transient residence, and address,
947	location or description, and dates of any current or known
948	future temporary residence, specific sleeping location, or
949	location where he or she is or will be seeking shelter within
950	the state or out of state; and, if known, the intended place of
951	permanent or, temporary, or transient residence, specific
952	sleeping location, or location where he or she is or will be
953	seeking shelter, and address, location or description, and dates
954	of any current or known future temporary residence, specific
955	sleeping location, or location where he or she is or will be
956	seeking shelter within the state or out of state upon
957	satisfaction of all sanctions.
958	3.  The legal status of the sexual offender and the
959	scheduled termination date of that legal status.
960	4.  The location of, and local telephone number for, any
961	department office that is responsible for supervising the sexual
962	offender.
963	5.  An indication of whether the victim of the offense that
964	resulted in the offender's status as a sexual offender was a
965	minor.
966	6.  The offense or offenses at adjudication and disposition
967	that resulted in the determination of the offender's status as a
968	sex offender.
969	7.  A digitized photograph of the sexual offender, which
970	must have been taken within 60 days before the offender was
971	released from the custody of the department or a private
972	correctional facility by expiration of sentence under s.
973	944.275, or within 60 days after the onset of the department's
974	supervision of any sexual offender who is on probation,
975	postcommitment probation, residential commitment, nonresidential
976	commitment, licensed child-caring commitment, community control,
977	conditional release, parole, provisional release, or control
978	release or who is supervised by the department under the
979	Interstate Compact Agreement for Probationers and Parolees. If
980	the sexual offender is in the custody of a private correctional
981	facility, the facility shall take a digitized photograph of the
982	sexual offender within the time period provided in this
983	subparagraph and shall provide the photograph to the department.
984	(13)
985	(b)  The sheriff's office may determine the appropriate
986	times and days for reporting by the sexual offender, which shall
987	be consistent with the reporting requirements of this
988	subsection. Reregistration shall include any changes to the
989	following information:
990	1.  Name; social security number; age; race; sex; date of
991	birth; height; weight; hair and eye color; address of any
992	permanent residence and address of any current temporary
993	residence, within the state or out of state, including a rural
994	route address and a post office box; if no permanent or
995	temporary address, a specific sleeping location or location
996	where he or she is seeking shelter any transient residence;
997	address, location or description, and dates of any current or
998	known future temporary residence, specific sleeping location, or
999	location where he or she is or will be seeking shelter within
1000	the state or out of state; name and address of each school
1001	attended; date and place of any employment; vehicle make, model,
1002	color, and license tag number; fingerprints; and photograph. A
1003	post office box shall not be provided in lieu of a physical
1004	residential address.
1005	2.  If the sexual offender is enrolled, employed, or
1006	carrying on a vocation at an institution of higher education in
1007	this state, the sexual offender shall also provide to the
1008	department the name, address, and county of each institution,
1009	including each campus attended, and the sexual offender's
1010	enrollment or employment status.
1011	3.  If the sexual offender's place of residence is a motor
1012	vehicle, trailer, mobile home, or manufactured home, as defined
1013	in chapter 320, the sexual offender shall also provide the
1014	vehicle identification number; the license tag number; the
1015	registration number; and a description, including color scheme,
1016	of the motor vehicle, trailer, mobile home, or manufactured
1017	home. If the sexual offender's place of residence is a vessel,
1018	live-aboard vessel, or houseboat, as defined in chapter 327, the
1019	sexual offender shall also provide the hull identification
1020	number; the manufacturer's serial number; the name of the
1021	vessel, live-aboard vessel, or houseboat; the registration
1022	number; and a description, including color scheme, of the
1023	vessel, live-aboard vessel, or houseboat.
1024	4.  Any sexual offender who fails to report in person as
1025	required at the sheriff's office, or who fails to respond to any
1026	address verification correspondence from the department within 3
1027	weeks after the date of the correspondence, commits a felony of
1028	the third degree, punishable as provided in ss. 775.082,
1029	775.083, and 775.084.
1030	Section 8.  This act shall take effect July 1, 2011.

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