Florida Senate - 2012 SB 1004 By Senator Sachs 30-00217B-12 20121004__ 1 A bill to be entitled 2 An act relating to residency restrictions for persons 3 convicted of certain sex offenses and required to 4 register as a sexual offender or sexual predator; 5 creating s. 775.2155, F.S.; defining the terms 6 “convicted,” “permanently reside,” and “unrelated 7 child”; prohibiting a person who is required to 8 register as a sexual offender or sexual predator and 9 who has been convicted of committing certain specified 10 offenses in which the victim of the offense was 11 younger than 12 years of age from permanently residing 12 with an unrelated child; providing that a person who 13 resides with such a child in violation of the act 14 commits a felony of the third degree or a misdemeanor 15 of the first degree, depending upon the classification 16 of the underlying felony conviction; providing for the 17 applicability of the act; amending ss. 775.21, 18 943.0435, and 944.607, F.S.; requiring a sexual 19 predator or sexual offender subject to the act to 20 report to the sheriff’s office, the Department of Law 21 Enforcement, or the Department of Corrections, as 22 appropriate, the name and age of any child permanently 23 residing with the offender; providing an effective 24 date. 25 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 775.2155, Florida Statutes, is created 29 to read: 30 775.2155 Residency restriction for persons convicted of 31 certain sex offenses and required to register as a sexual 32 offender or sexual predator; application date.— 33 (1) As used in this section, the term: 34 (a) “Convicted” has the same meaning as provided in s. 35 943.0435. 36 (b) “Permanently reside” means to dwell or reside in a 37 place for 5 or more consecutive days. 38 (c) “Unrelated child” means a child younger than 12 years 39 of age who is not related by blood to the offender within the 40 third degree of consanguinity and is not a stepchild of the 41 offender. 42 (2)(a) A person who has been convicted of a violation of s. 43 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 847.0145 44 in which the victim of the offense was younger than 12 years of 45 age, and who is required to register as a sexual offender or a 46 sexual predator, may not permanently reside with an unrelated 47 child. 48 (b) A person who violates this subsection whose conviction 49 under s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), or s. 50 847.0145 was classified as a felony of the first degree or 51 higher and who is required to register as a sexual offender or a 52 sexual predator commits a felony of the third degree, punishable 53 as provided in s. 775.082 or s. 775.083. A person who violates 54 this subsection whose conviction under s. 794.011, s. 800.04, s. 55 827.071, s. 847.0135(5), or s. 847.0145 was classified as a 56 felony of the second or third degree and who is required to 57 register as a sexual offender or a sexual predator commits a 58 misdemeanor of the first degree, punishable as provided in s. 59 775.082 or s. 775.083. 60 (c) This subsection applies to a person convicted of a 61 violation of s. 794.011, s. 800.04, s. 827.071, s. 847.0135(5), 62 or s. 847.0145 for an offense that occurs on or after October 1, 63 2012, and who is required to register as a sexual offender or a 64 sexual predator on or after October 1, 2012. 65 Section 2. Paragraph (a) of subsection (6) of section 66 775.21, Florida Statutes, is amended to read: 67 775.21 The Florida Sexual Predators Act.— 68 (6) REGISTRATION.— 69 (a) A sexual predator must register with the department 70 through the sheriff’s office by providing the following 71 information to the department: 72 1. Name; social security number; age; race; sex; date of 73 birth; height; weight; hair and eye color; photograph; the name 74 and age of any child permanently residing with the sexual 75 predator; address of legal residence and address of any current 76 temporary residence, within the state or out of state, including 77 a rural route address and a post office box; if no permanent or 78 temporary address, any transient residence within the state; 79 address, location or description, and dates of any current or 80 known future temporary residence within the state or out of 81 state; any electronic mail address and any instant message name 82 required to be provided pursuant to subparagraph (g)4.; home 83 telephone number and any cellular telephone number; date and 84 place of any employment; date and place of each conviction; 85 fingerprints; and a brief description of the crime or crimes 86 committed by the offender. A post office box mayshallnot be 87 provided in lieu of a physical residential address. 88 a. If the sexual predator’s place of residence is a motor 89 vehicle, trailer, mobile home, or manufactured home, as defined 90 in chapter 320, the sexual predator shall also provide to the 91 department written notice of the vehicle identification number; 92 the license tag number; the registration number; and a 93 description, including color scheme, of the motor vehicle, 94 trailer, mobile home, or manufactured home. If a sexual 95 predator’s place of residence is a vessel, live-aboard vessel, 96 or houseboat, as defined in chapter 327, the sexual predator 97 shall also provide to the department written notice of the hull 98 identification number; the manufacturer’s serial number; the 99 name of the vessel, live-aboard vessel, or houseboat; the 100 registration number; and a description, including color scheme, 101 of the vessel, live-aboard vessel, or houseboat. 102 b. If the sexual predator is enrolled, employed, or 103 carrying on a vocation at an institution of higher education in 104 this state, the sexual predator shall also provide to the 105 department the name, address, and county of each institution, 106 including each campus attended, and the sexual predator’s 107 enrollment or employment status. Each change in enrollment or 108 employment status shall be reported in person at the sheriff’s 109 office, or the Department of Corrections if the sexual predator 110 is in the custody or control of or under the supervision of the 111 Department of Corrections, within 48 hours after any change in 112 status. The sheriff or the Department of Corrections shall 113 promptly notify each institution of the sexual predator’s 114 presence and any change in the sexual predator’s enrollment or 115 employment status. 116 2. Any other information determined necessary by the 117 department, including criminal and corrections records; 118 nonprivileged personnel and treatment records; and evidentiary 119 genetic markers when available. 120 Section 3. Paragraph (b) of subsection (2) of section 121 943.0435, Florida Statutes, is amended to read: 122 943.0435 Sexual offenders required to register with the 123 department; penalty.— 124 (2) A sexual offender shall: 125 (b) Provide his or her name; date of birth; social security 126 number; race; sex; height; weight; hair and eye color; tattoos 127 or other identifying marks; occupation and place of employment; 128 the name and age of any child permanently residing with the 129 sexual offender; address of permanent or legal residence or 130 address of any current temporary residence, within the state or 131 out of state, including a rural route address and a post office 132 box; if no permanent or temporary address, any transient 133 residence within the state, address, location or description, 134 and dates of any current or known future temporary residence 135 within the state or out of state; home telephone number and any 136 cellular telephone number; any electronic mail address and any 137 instant message name required to be provided pursuant to 138 paragraph (4)(d); date and place of each conviction; and a brief 139 description of the crime or crimes committed by the offender. A 140 post office box mayshallnot be provided in lieu of a physical 141 residential address. 142 1. If the sexual offender’s place of residence is a motor 143 vehicle, trailer, mobile home, or manufactured home, as defined 144 in chapter 320, the sexual offender shall also provide to the 145 department through the sheriff’s office written notice of the 146 vehicle identification number; the license tag number; the 147 registration number; and a description, including color scheme, 148 of the motor vehicle, trailer, mobile home, or manufactured 149 home. If the sexual offender’s place of residence is a vessel, 150 live-aboard vessel, or houseboat, as defined in chapter 327, the 151 sexual offender shall also provide to the department written 152 notice of the hull identification number; the manufacturer’s 153 serial number; the name of the vessel, live-aboard vessel, or 154 houseboat; the registration number; and a description, including 155 color scheme, of the vessel, live-aboard vessel, or houseboat. 156 2. If the sexual offender is enrolled, employed, or 157 carrying on a vocation at an institution of higher education in 158 this state, the sexual offender shall also provide to the 159 department through the sheriff’s office the name, address, and 160 county of each institution, including each campus attended, and 161 the sexual offender’s enrollment or employment status. Each 162 change in enrollment or employment status shall be reported in 163 person at the sheriff’s office, within 48 hours after any change 164 in status. The sheriff shall promptly notify each institution of 165 the sexual offender’s presence and any change in the sexual 166 offender’s enrollment or employment status. 167 168 When a sexual offender reports at the sheriff’s office, the 169 sheriff shall take a photograph and a set of fingerprints of the 170 offender and forward the photographs and fingerprints to the 171 department, along with the information provided by the sexual 172 offender. The sheriff shall promptly provide to the department 173 the information received from the sexual offender. 174 Section 4. Paragraph (a) of subsection (4) of section 175 944.607, Florida Statutes, is amended to read: 176 944.607 Notification to Department of Law Enforcement of 177 information on sexual offenders.— 178 (4) A sexual offender, as described in this section, who is 179 under the supervision of the Department of Corrections but is 180 not incarcerated must register with the Department of 181 Corrections within 3 business days after sentencing for a 182 registrable offense and otherwise provide information as 183 required by this subsection. 184 (a) The sexual offender shall provide his or her name; date 185 of birth; social security number; race; sex; height; weight; 186 hair and eye color; tattoos or other identifying marks; the name 187 and age of any child permanently residing with the sexual 188 offender; any electronic mail address and any instant message 189 name required to be provided pursuant to s. 943.0435(4)(d); 190 permanent or legal residence and address of temporary residence 191 within the state or out of state while the sexual offender is 192 under supervision in this state, including any rural route 193 address or post office box; if no permanent or temporary 194 address, any transient residence within the state; and address, 195 location or description, and dates of any current or known 196 future temporary residence within the state or out of state. The 197 Department of Corrections shall verify the address of each 198 sexual offender in the manner described in ss. 775.21 and 199 943.0435. The department shall report to the Department of Law 200 Enforcement any failure by a sexual predator or sexual offender 201 to comply with registration requirements. 202 Section 5. This act shall take effect October 1, 2012.