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 may shall not 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 may shall not 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.