Florida Senate - 2012 SB 1812

By Senator Evers

2-01467B-12 20121812__
1 A bill to be entitled
2 An act relating to sexual predators and offenders;
3 amending s. 775.21, F.S.; replacing the definition of
4 the term “instant message name” with the definition of
5 the term “Internet identifier”; providing that
6 voluntary disclosure of specified information waives a
7 disclosure exemption for such information; specifying
8 additional offenses that require registration as a
9 sexual predator; requiring that a sexual predator
10 provide to the Department of Law Enforcement certain
11 additional information; requiring that the sheriff
12 take palm prints of a sexual predator under certain
13 circumstances; requiring that a sexual predator who is
14 unable to secure or update a driver license or
15 identification card under certain circumstances report
16 specified information to the local sheriff’s office
17 within a specified period; requiring that a sexual
18 predator register all electronic mail addresses and
19 Internet identifiers before using electronic mail
20 addresses and Internet identifiers; revising reporting
21 requirements if a sexual predator plans to leave the
22 United States for longer than a specified period;
23 providing penalties for a sexual predator who
24 knowingly provides false registration by act or
25 omission; amending s. 943.0435, F.S.; specifying
26 additional offenses that require registration as a
27 sexual offender; replacing the definition of the term
28 “instant message name” with the definition of the term
29 “Internet identifier”; requiring that a sexual
30 offender disclose certain additional information to
31 the local sheriff’s office, including fingerprints,
32 palm prints, and photograph; requiring that a sexual
33 offender who is unable to secure or update a driver
34 license or identification card, under certain
35 circumstances, report specified information to the
36 local sheriff’s office within a specified period;
37 providing additional requirements for sexual offenders
38 intending to leave the United States for longer than a
39 specified period; providing penalties for a sexual
40 offender who knowingly provides false registration by
41 act or omission; amending s. 943.04351, F.S.;
42 requiring that a state agency or governmental
43 subdivision conduct a specified national search of
44 registration information regarding sexual predators
45 and sexual offenders before appointing or employing a
46 person; amending s. 943.04354, F.S.; revising the age
47 range applicable to provisions allowing removal of the
48 requirement to register as a sexual offender or sexual
49 predator in certain circumstances; revising
50 eligibility requirements for removal of the
51 requirement to register as a sexual offender or sexual
52 predator; requiring that a person who was convicted of
53 specified offenses in another jurisdiction provide the
54 court with certain written confirmation in order not
55 to have to register as a sexual offender or predator;
56 requiring that the state attorney and the Department
57 of Law Enforcement be given notice of a motion;
58 requiring that a person who has been granted relief
59 from the registration requirement provide the
60 department with a certified copy of the order granting
61 relief; amending s. 943.0437, F.S.; replacing the
62 definition of the term “instant message name” with the
63 definition of the term “Internet identifier”;
64 conforming provisions; amending s. 944.606, F.S.;
65 replacing the definition of the term “instant message
66 name” with the definition of the term “Internet
67 identifier”; conforming provisions; requiring that the
68 Department of Corrections disclose specified
69 information under certain circumstances; amending s.
70 944.607, F.S.; replacing the definition of the term
71 “instant message name” with the definition of the term
72 “Internet identifier”; conforming provisions;
73 requiring that a sexual offender provide to the
74 Department of Corrections and the local sheriff’s
75 office specified information under certain
76 circumstances; providing penalties for a sexual
77 offender who knowingly provides false registration
78 information by act or omission to a local sheriff’s
79 office; amending s. 947.005, F.S.; revising the
80 definition of the term “risk assessment”; amending s.
81 948.31, F.S.; authorizing, rather than requiring, the
82 court to order that certain probationers or community
83 controllees undergo an evaluation by a qualified
84 practitioner; requiring that a probationer or
85 community controllee successfully complete and pay for
86 sexual offender treatment under certain circumstances;
87 removing a provision prohibiting contact with minors
88 if sexual offender treatment is recommended; amending
89 s. 985.481, F.S.; requiring that the Department of
90 Juvenile Justice disclose to the public specific
91 information concerning a sexual offender who is
92 adjudicated delinquent; amending s. 985.4815, F.S.;
93 requiring that a juvenile sexual offender provide to
94 the Department of Juvenile Justice and the local
95 sheriff’s office specified information under certain
96 circumstances; amending s. 921.0022, F.S.; correcting
97 references; reenacting ss. 322.141(4), 794.056, and
98 938.085, F.S., relating to the color or markings of
99 certain licenses or identification cards for motor
100 vehicles, the Rape Crisis Program Trust Fund, and
101 additional costs to fund rape crisis centers,
102 respectively, to incorporate the amendments made to
103 ss. 775.21, 943.0435, and 944.607, F.S., in references
104 thereto; providing an effective date.
105
106 Be It Enacted by the Legislature of the State of Florida:
107
108 Section 1. Paragraph (i) of subsection (2), paragraph (a)
109 of subsection (4), subsections (6) and (8), and paragraph (a) of
110 subsection (10) of section 775.21, Florida Statutes, are amended
111 to read:
112 775.21 The Florida Sexual Predators Act.—
113 (2) DEFINITIONS.—As used in this section, the term:
114 (i) “Internet identifier Instant message name” means a name
115 used for electronic mail, chat, instant messenger, social
116 networking, or similar Internet communication, but does not
117 include a date of birth, social security number, or personal
118 identification number (PIN). Voluntary disclosure by the sexual
119 predator of his or her date of birth, social security number, or
120 personal identification number (PIN) as an Internet identifier
121 waives the disclosure exemption in this paragraph for such
122 personal information an identifier that allows a person to
123 communicate in real time with another person using the Internet.
124 (4) SEXUAL PREDATOR CRITERIA.—
125 (a) For a current offense committed on or after October 1,
126 1993, upon conviction, an offender shall be designated as a
127 “sexual predator” under subsection (5), and subject to
128 registration under subsection (6) and community and public
129 notification under subsection (7) if:
130 1. The felony is:
131 a. A capital, life, or first-degree felony violation, or
132 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
133 is a minor and the defendant is not the victim’s parent or
134 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
135 violation of a similar law of another jurisdiction; or
136 b. Any felony violation, or any attempt thereof, of s.
137 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
138 787.025(2)(c), where the victim is a minor and the defendant is
139 not the victim’s parent or guardian; s. 794.011, excluding s.
140 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 796.045; s.
141 800.04; s. 825.1025(2)(b); s. 827.071; s. 847.0135(5); s.
142 847.0145; s. 916.1075(2); or s. 985.701(1); or a violation of a
143 similar law of another jurisdiction, and the offender has
144 previously been convicted of or found to have committed, or has
145 pled nolo contendere or guilty to, regardless of adjudication,
146 any violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
147 787.02, or s. 787.025(2)(c), where the victim is a minor and the
148 defendant is not the victim’s parent or guardian; s. 794.011,
149 excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
150 796.045; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
151 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2);
152 or s. 985.701(1); or a violation of a similar law of another
153 jurisdiction;
154 2. The offender has not received a pardon for any felony or
155 similar law of another jurisdiction which that is necessary for
156 the operation of this paragraph; and
157 3. A conviction of a felony or similar law of another
158 jurisdiction necessary for to the operation of this paragraph
159 has not been set aside in any postconviction proceeding.
160 (6) REGISTRATION.—
161 (a) A sexual predator shall must register with the
162 department through the sheriff’s office by providing the
163 following information to the department:
164 1. Name; social security number; age; race; sex; date of
165 birth; height; weight; tattoos or other identifying marks; hair
166 and eye color; photograph; address of legal residence and
167 address of any current temporary residence, within the state or
168 out of state, including a rural route address and a post office
169 box; if no permanent or temporary address, any transient
170 residence within the state; address, location or description,
171 and dates of any current or known future temporary residence
172 within the state or out of state; all any electronic mail
173 addresses address and all Internet identifiers any instant
174 message name required to be provided pursuant to subparagraph
175 (g)4.; all home telephone numbers number and any cellular
176 telephone numbers number; date and place of any employment; the
177 make, model, color, registration number, and license tag number
178 of all vehicles owned; date and place of each conviction;
179 fingerprints; palm prints; and a brief description of the crime
180 or crimes committed by the offender. A post office box may shall
181 not be provided in lieu of a physical residential address. The
182 sexual predator shall also produce his or her passport, if he or
183 she has a passport, and, if he or she is an alien, shall produce
184 or provide information about documents establishing his or her
185 immigration status. The sexual predator shall also provide
186 information about any professional licenses that he or she may
187 hold.
188 a. If the sexual predator’s place of residence is a motor
189 vehicle, trailer, mobile home, or manufactured home, as defined
190 in chapter 320, the sexual predator shall also provide to the
191 department written notice of the vehicle identification number;
192 the license tag number; the registration number; and a
193 description, including color scheme, of the motor vehicle,
194 trailer, mobile home, or manufactured home. If a sexual
195 predator’s place of residence is a vessel, live-aboard vessel,
196 or houseboat, as defined in chapter 327, the sexual predator
197 shall also provide to the department written notice of the hull
198 identification number; the manufacturer’s serial number; the
199 name of the vessel, live-aboard vessel, or houseboat; the
200 registration number; and a description, including color scheme,
201 of the vessel, live-aboard vessel, or houseboat.
202 b. If the sexual predator is enrolled, employed,
203 volunteering, or carrying on a vocation at an institution of
204 higher education in this state, the sexual predator shall also
205 provide to the department the name, address, and county of each
206 institution, including each campus attended, and the sexual
207 predator’s enrollment, volunteer, or employment status. Each
208 change in enrollment or employment status shall be reported in
209 person at the sheriff’s office, or the Department of Corrections
210 if the sexual predator is in the custody or control of or under
211 the supervision of the Department of Corrections, within 48
212 hours after any change in status. The sheriff or the Department
213 of Corrections shall promptly notify each institution of the
214 sexual predator’s presence and any change in the sexual
215 predator’s enrollment, volunteer, or employment status.
216 2. Any other information determined necessary by the
217 department, including criminal and corrections records;
218 nonprivileged personnel and treatment records; and evidentiary
219 genetic markers when available.
220 (b) If the sexual predator is in the custody or control of,
221 or under the supervision of, the Department of Corrections, or
222 is in the custody of a private correctional facility, the sexual
223 predator must register with the Department of Corrections. A
224 sexual predator who is under the supervision of the Department
225 of Corrections but who is not incarcerated shall must register
226 with the Department of Corrections within 3 business days after
227 the court finds the offender to be a sexual predator. The
228 Department of Corrections shall provide to the department
229 registration information and the location of, and local
230 telephone number for, any Department of Corrections office that
231 is responsible for supervising the sexual predator. In addition,
232 the Department of Corrections shall notify the department if the
233 sexual predator escapes or absconds from custody or supervision
234 or if the sexual predator dies.
235 (c) If the sexual predator is in the custody of a local
236 jail, the custodian of the local jail shall register the sexual
237 predator within 3 business days after intake of the sexual
238 predator for any reason and upon release, and shall forward the
239 registration information to the department. The custodian of the
240 local jail shall also take a digitized photograph of the sexual
241 predator while the sexual predator remains in custody and shall
242 provide the digitized photograph to the department. The
243 custodian shall notify the department if the sexual predator
244 escapes from custody or dies.
245 (d) If the sexual predator is under federal supervision,
246 the federal agency responsible for supervising the sexual
247 predator may forward to the department any information regarding
248 the sexual predator which is consistent with the information
249 provided by the Department of Corrections under this section,
250 and may indicate whether use of the information is restricted to
251 law enforcement purposes only or may be used by the department
252 for purposes of public notification.
253 (e)1. If the sexual predator is not in the custody or
254 control of, or under the supervision of, the Department of
255 Corrections or is not in the custody of a private correctional
256 facility, the sexual predator shall register in person:
257 a. At the sheriff’s office in the county where he or she
258 establishes or maintains a residence within 48 hours after
259 establishing or maintaining a residence in this state; and
260 b. At the sheriff’s office in the county where he or she
261 was designated a sexual predator by the court within 48 hours
262 after such finding is made.
263 2. Any change in the sexual predator’s permanent or
264 temporary residence, name, or any electronic mail address or any
265 Internet identifier and any instant message name required to be
266 provided pursuant to subparagraph (g)4., after the sexual
267 predator registers in person at the sheriff’s office as provided
268 in subparagraph 1., shall be accomplished in the manner provided
269 in paragraphs (g), (i), and (j). When a sexual predator
270 registers with the sheriff’s office, the sheriff shall take a
271 photograph, and a set of fingerprints, and palm prints of the
272 predator and forward the photographs, and fingerprints, and palm
273 prints to the department, along with the information that the
274 predator is required to provide pursuant to this section.
275 (f) Within 48 hours after the registration required under
276 paragraph (a) or paragraph (e), a sexual predator who is not
277 incarcerated and who resides in the community, including a
278 sexual predator under the supervision of the Department of
279 Corrections, shall register in person at a driver driver’s
280 license office of the Department of Highway Safety and Motor
281 Vehicles and shall present proof of registration. At the driver
282 driver’s license office the sexual predator shall:
283 1. If otherwise qualified, secure a Florida driver driver’s
284 license, renew a Florida driver driver’s license, or secure an
285 identification card. The sexual predator shall identify himself
286 or herself as a sexual predator who is required to comply with
287 this section, provide his or her place of permanent, temporary,
288 or transient residence, including a rural route address and a
289 post office box, and submit to the taking of a photograph for
290 use in issuing a driver driver’s license, renewed license, or
291 identification card, and for use by the department in
292 maintaining current records of sexual predators. A post office
293 box may shall not be provided in lieu of a physical residential
294 address. If the sexual predator’s place of residence is a motor
295 vehicle, trailer, mobile home, or manufactured home, as defined
296 in chapter 320, the sexual predator shall also provide to the
297 Department of Highway Safety and Motor Vehicles the vehicle
298 identification number; the license tag number; the registration
299 number; and a description, including color scheme, of the motor
300 vehicle, trailer, mobile home, or manufactured home. If a sexual
301 predator’s place of residence is a vessel, live-aboard vessel,
302 or houseboat, as defined in chapter 327, the sexual predator
303 shall also provide to the Department of Highway Safety and Motor
304 Vehicles the hull identification number; the manufacturer’s
305 serial number; the name of the vessel, live-aboard vessel, or
306 houseboat; the registration number; and a description, including
307 color scheme, of the vessel, live-aboard vessel, or houseboat.
308 2. Pay the costs assessed by the Department of Highway
309 Safety and Motor Vehicles for issuing or renewing a driver
310 driver’s license or identification card as required by this
311 section. The driver driver’s license or identification card
312 issued to the sexual predator must be in compliance with s.
313 322.141(3).
314 3. Provide, upon request, any additional information
315 necessary to confirm the identity of the sexual predator,
316 including a set of fingerprints.
317 (g)1. Each time that a sexual predator’s driver driver’s
318 license or identification card is subject to renewal, and,
319 without regard to the status of the predator’s driver driver’s
320 license or identification card, within 48 hours after any change
321 of the predator’s residence or change in the predator’s name by
322 reason of marriage or other legal process, the predator shall
323 report in person to a driver driver’s license office and is
324 shall be subject to the requirements specified in paragraph (f).
325 The Department of Highway Safety and Motor Vehicles shall
326 forward to the department and to the Department of Corrections
327 all photographs and information provided by sexual predators.
328 Notwithstanding the restrictions set forth in s. 322.142, the
329 Department of Highway Safety and Motor Vehicles may is
330 authorized to release a reproduction of a color-photograph or
331 digital-image license to the Department of Law Enforcement for
332 purposes of public notification of sexual predators as provided
333 in this section. A sexual predator who is unable to secure or
334 update a driver license or identification card with the
335 Department of Highway Safety and Motor Vehicles as provided in
336 paragraph (f) and this paragraph, shall report any change of
337 residence or change of name by reason of marriage or other legal
338 process within 48 hours after the change to the sheriff’s office
339 of the county in which the predator resides or is located. The
340 predator shall also provide confirmation that he or she has
341 reported the change to the Department of Highway Safety and
342 Motor Vehicles.
343 2. A sexual predator who vacates a permanent, temporary, or
344 transient residence and fails to establish or maintain another
345 permanent, temporary, or transient residence shall, within 48
346 hours after vacating the permanent, temporary, or transient
347 residence, report in person to the sheriff’s office of the
348 county in which he or she is located. The sexual predator shall
349 specify the date upon which he or she intends to or did vacate
350 such residence. The sexual predator shall must provide or update
351 all of the registration information required under paragraph
352 (a). The sexual predator shall must provide an address for the
353 residence or other place that he or she is or will be located
354 during the time in which he or she fails to establish or
355 maintain a permanent or temporary residence.
356 3. A sexual predator who remains at a permanent, temporary,
357 or transient residence after reporting his or her intent to
358 vacate such residence shall, within 48 hours after the date upon
359 which the predator indicated he or she would or did vacate such
360 residence, report in person to the sheriff’s office to which he
361 or she reported pursuant to subparagraph 2. for the purpose of
362 reporting his or her address at such residence. When the sheriff
363 receives the report, the sheriff shall promptly convey the
364 information to the department. An offender who makes a report as
365 required under subparagraph 2. but fails to make a report as
366 required under this subparagraph commits a felony of the second
367 degree, punishable as provided in s. 775.082, s. 775.083, or s.
368 775.084.
369 4. A sexual predator shall must register all any electronic
370 mail addresses and Internet identifiers address or instant
371 message name with the department before prior to using such
372 electronic mail addresses and Internet identifiers address or
373 instant message name on or after October 1, 2007. The department
374 shall establish an online system through which sexual predators
375 may securely access and update all electronic mail address and
376 Internet identifier instant message name information.
377 (h) The department shall must notify the sheriff and the
378 state attorney of the county and, if applicable, the police
379 chief of the municipality, where the sexual predator maintains a
380 residence.
381 (i) A sexual predator who intends to establish a permanent,
382 temporary, or transient residence in another state or
383 jurisdiction other than the State of Florida shall report in
384 person to the sheriff of the county of current residence within
385 48 hours before the date he or she intends to leave this state
386 to establish residence in another state or jurisdiction or
387 within 21 days before his or her planned departure date if he or
388 she intends to reside for 5 days or more outside the United
389 States. The sexual predator shall must provide to the sheriff
390 the address, municipality, county, and state, and country of
391 intended residence. The sheriff shall promptly provide to the
392 department the information received from the sexual predator.
393 The department shall notify the statewide law enforcement
394 agency, or a comparable agency, in the intended state, or
395 jurisdiction, or country of residence of the sexual predator’s
396 intended residence. The failure of a sexual predator to provide
397 his or her intended place of residence is punishable as provided
398 in subsection (10).
399 (j) A sexual predator who indicates his or her intent to
400 establish a permanent, temporary, or transient residence in
401 another state, a or jurisdiction other than the State of
402 Florida, or another country and later decides to remain in this
403 state shall, within 48 hours after the date upon which the
404 sexual predator indicated he or she would leave this state,
405 report in person to the sheriff to which the sexual predator
406 reported the intended change of residence, and report his or her
407 intent to remain in this state. If the sheriff is notified by
408 the sexual predator that he or she intends to remain in this
409 state, the sheriff shall promptly report this information to the
410 department. A sexual predator who reports his or her intent to
411 establish a permanent, temporary, or transient residence in
412 another state, a or jurisdiction other than the State of
413 Florida, or another country, but who remains in this state
414 without reporting to the sheriff in the manner required by this
415 paragraph, commits a felony of the second degree, punishable as
416 provided in s. 775.082, s. 775.083, or s. 775.084.
417 (k)1. The department is responsible for the online
418 maintenance of current information regarding each registered
419 sexual predator. The department shall must maintain hotline
420 access for state, local, and federal law enforcement agencies to
421 obtain instantaneous locator file and offender characteristics
422 information on all released registered sexual predators for
423 purposes of monitoring, tracking, and prosecution. The
424 photograph and fingerprints do not have to be stored in a
425 computerized format.
426 2. The department’s sexual predator registration list,
427 containing the information described in subparagraph (a)1., is a
428 public record. The department may is authorized to disseminate
429 this public information by any means deemed appropriate,
430 including operating a toll-free telephone number for this
431 purpose. When the department provides information regarding a
432 registered sexual predator to the public, department personnel
433 must advise the person making the inquiry that positive
434 identification of a person believed to be a sexual predator
435 cannot be established unless a fingerprint comparison is made,
436 and that it is illegal to use public information regarding a
437 registered sexual predator to facilitate the commission of a
438 crime.
439 3. The department shall adopt guidelines as necessary
440 regarding the registration of sexual predators and the
441 dissemination of information regarding sexual predators as
442 required by this section.
443 (l) A sexual predator shall must maintain registration with
444 the department for the duration of his or her life, unless the
445 sexual predator has received a full pardon or has had a
446 conviction set aside in a postconviction proceeding for any
447 offense that met the criteria for the sexual predator
448 designation.
449 (8) VERIFICATION.—The department and the Department of
450 Corrections shall implement a system for verifying the addresses
451 of sexual predators. The system must be consistent with the
452 provisions of the federal Adam Walsh Child Protection and Safety
453 Act of 2006 and any other federal standards applicable to such
454 verification or required to be met as a condition for the
455 receipt of federal funds by the state. The Department of
456 Corrections shall verify the addresses of sexual predators who
457 are not incarcerated but who reside in the community under the
458 supervision of the Department of Corrections and shall report to
459 the department any failure by a sexual predator to comply with
460 registration requirements. County and local law enforcement
461 agencies, in conjunction with the department, shall verify the
462 addresses of sexual predators who are not under the care,
463 custody, control, or supervision of the Department of
464 Corrections. Local law enforcement agencies shall report to the
465 department any failure by a sexual predator to comply with
466 registration requirements.
467 (a) A sexual predator must report in person each year
468 during the month of the sexual predator’s birthday and during
469 every third month thereafter to the sheriff’s office in the
470 county in which he or she resides or is otherwise located to
471 reregister. The sheriff’s office may determine the appropriate
472 times and days for reporting by the sexual predator, which shall
473 be consistent with the reporting requirements of this paragraph.
474 Reregistration must shall include any changes to the following
475 information:
476 1. Name; social security number; age; race; sex; date of
477 birth; height; weight; tattoos or other identifying marks; hair
478 and eye color; address of any permanent residence and address of
479 any current temporary residence, within the state or out of
480 state, including a rural route address and a post office box; if
481 no permanent or temporary address, any transient residence
482 within the state; address, location or description, and dates of
483 any current or known future temporary residence within the state
484 or out of state; all any electronic mail addresses address and
485 all Internet identifiers any instant message name required to be
486 provided pursuant to subparagraph (6)(g)4.; all home telephone
487 numbers number and any cellular telephone numbers number; date
488 and place of any employment; the vehicle make, model, color,
489 registration number, and license tag number of all vehicles
490 owned; fingerprints; palm prints; and photograph. A post office
491 box may shall not be provided in lieu of a physical residential
492 address. The sexual predator shall also produce his or her
493 passport, if he or she has a passport, and, if he or she is an
494 alien, shall produce or provide information about documents
495 establishing his or her immigration status. The sexual predator
496 shall also provide information about any professional licenses
497 that he or she may hold.
498 2. If the sexual predator is enrolled, employed,
499 volunteering, or carrying on a vocation at an institution of
500 higher education in this state, the sexual predator shall also
501 provide to the department the name, address, and county of each
502 institution, including each campus attended, and the sexual
503 predator’s enrollment, volunteer, or employment status.
504 3. If the sexual predator’s place of residence is a motor
505 vehicle, trailer, mobile home, or manufactured home, as defined
506 in chapter 320, the sexual predator shall also provide the
507 vehicle identification number; the license tag number; the
508 registration number; and a description, including color scheme,
509 of the motor vehicle, trailer, mobile home, or manufactured
510 home. If the sexual predator’s place of residence is a vessel,
511 live-aboard vessel, or houseboat, as defined in chapter 327, the
512 sexual predator shall also provide the hull identification
513 number; the manufacturer’s serial number; the name of the
514 vessel, live-aboard vessel, or houseboat; the registration
515 number; and a description, including color scheme, of the
516 vessel, live-aboard vessel, or houseboat.
517 (b) The sheriff’s office shall, within 2 working days,
518 electronically submit and update all information provided by the
519 sexual predator to the department in a manner prescribed by the
520 department.
521 (10) PENALTIES.—
522 (a) Except as otherwise specifically provided, a sexual
523 predator who fails to register; who fails, after registration,
524 to maintain, acquire, or renew a driver driver’s license or
525 identification card; who fails to provide required location
526 information, electronic mail address information, Internet
527 identifier instant message name information, all home telephone
528 numbers number and any cellular telephone numbers number, or
529 change-of-name information; who fails to make a required report
530 in connection with vacating a permanent residence; who fails to
531 reregister as required; who fails to respond to any address
532 verification correspondence from the department within 3 weeks
533 after of the date of the correspondence; who knowingly provides
534 false registration information by act or omission; or who
535 otherwise fails, by act or omission, to comply with the
536 requirements of this section, commits a felony of the third
537 degree, punishable as provided in s. 775.082, s. 775.083, or s.
538 775.084.
539 Section 2. Paragraphs (a) and (g) of subsection (1),
540 subsection (2), paragraphs (a) and (d) of subsection (4),
541 subsections (7) and (8), and paragraph (c) of subsection (14) of
542 section 943.0435, Florida Statutes, are amended to read:
543 943.0435 Sexual offenders required to register with the
544 department; penalty.—
545 (1) As used in this section, the term:
546 (a)1. “Sexual offender” means a person who meets the
547 criteria in sub-subparagraph a., sub-subparagraph b., sub
548 subparagraph c., or sub-subparagraph d., as follows:
549 a.(I) Has been convicted of committing, or attempting,
550 soliciting, or conspiring to commit, any of the criminal
551 offenses proscribed in the following statutes in this state or
552 similar offenses in another jurisdiction: s. 393.135(2); s.
553 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
554 the victim is a minor and the defendant is not the victim’s
555 parent or guardian; s. 794.011, excluding s. 794.011(10); s.
556 794.05; s. 796.03; s. 796.035; s. 796.045; s. 800.04; s.
557 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
558 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
559 916.1075(2); or s. 985.701(1); or any similar offense committed
560 in this state which has been redesignated from a former statute
561 number to one of those listed in this sub-sub-subparagraph; and
562 (II) Has been released on or after October 1, 1997, from
563 the sanction imposed for any conviction of an offense described
564 in sub-sub-subparagraph (I). For purposes of sub-sub
565 subparagraph (I), a sanction imposed in this state or in any
566 other jurisdiction includes, but is not limited to, a fine,
567 probation, community control, parole, conditional release,
568 control release, or incarceration in a state prison, federal
569 prison, private correctional facility, or local detention
570 facility;
571 b. Establishes or maintains a residence in this state and
572 who has not been designated as a sexual predator by a court of
573 this state but who has been designated as a sexual predator, as
574 a sexually violent predator, or by another sexual offender
575 designation in another state or jurisdiction and was, as a
576 result of such designation, subjected to registration or
577 community or public notification, or both, or would be if the
578 person were a resident of that state or jurisdiction, without
579 regard to whether the person otherwise meets the criteria for
580 registration as a sexual offender;
581 c. Establishes or maintains a residence in this state and
582 who is in the custody or control of, or under the supervision
583 of, any other state or jurisdiction as a result of a conviction
584 for committing, or attempting, soliciting, or conspiring to
585 commit, any of the criminal offenses proscribed in the following
586 statutes or similar offense in another jurisdiction: s.
587 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
588 787.025(2)(c), where the victim is a minor and the defendant is
589 not the victim’s parent or guardian; s. 794.011, excluding s.
590 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 796.045; s.
591 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
592 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
593 s. 916.1075(2); or s. 985.701(1); or any similar offense
594 committed in this state which has been redesignated from a
595 former statute number to one of those listed in this sub
596 subparagraph; or
597 d. On or after July 1, 2007, has been adjudicated
598 delinquent for committing, or attempting, soliciting, or
599 conspiring to commit, any of the criminal offenses proscribed in
600 the following statutes in this state or similar offenses in
601 another jurisdiction when the juvenile was 14 years of age or
602 older at the time of the offense:
603 (I) Section 794.011, excluding s. 794.011(10);
604 (II) Section 800.04(4)(b) where the victim is under 12
605 years of age or where the court finds sexual activity by the use
606 of force or coercion;
607 (III) Section 800.04(5)(c)1. where the court finds
608 molestation involving unclothed genitals; or
609 (IV) Section 800.04(5)(d) where the court finds the use of
610 force or coercion and unclothed genitals.
611 2. For all qualifying offenses listed in sub-subparagraph
612 (1)(a)1.d., the court shall make a written finding of the age of
613 the offender at the time of the offense.
614
615 For each violation of a qualifying offense listed in this
616 subsection, except for a violation of s. 794.011, the court
617 shall make a written finding of the age of the victim at the
618 time of the offense. For a violation of s. 800.04(4), the court
619 shall additionally make a written finding indicating that the
620 offense did or did not involve sexual activity and indicating
621 that the offense did or did not involve force or coercion. For a
622 violation of s. 800.04(5), the court shall additionally make a
623 written finding that the offense did or did not involve
624 unclothed genitals or genital area and that the offense did or
625 did not involve the use of force or coercion.
626 (g) “Internet identifier Instant message name” has the same
627 meaning as provided in s. 775.21 means an identifier that allows
628 a person to communicate in real time with another person using
629 the Internet.
630 (2) A sexual offender shall:
631 (a) Report in person at the sheriff’s office:
632 1. In the county in which the offender establishes or
633 maintains a permanent, temporary, or transient residence within
634 48 hours after:
635 a. Establishing permanent, temporary, or transient
636 residence in this state; or
637 b. Being released from the custody, control, or supervision
638 of the Department of Corrections or from the custody of a
639 private correctional facility; or
640 2. In the county where he or she was convicted within 48
641 hours after being convicted for a qualifying offense for
642 registration under this section if the offender is not in the
643 custody or control of, or under the supervision of, the
644 Department of Corrections, or is not in the custody of a private
645 correctional facility.
646
647 Any change in the information required to be provided pursuant
648 to paragraph (b), including, but not limited to, any change in
649 the sexual offender’s permanent, temporary, or transient
650 residence, name, or any electronic mail address or Internet
651 identifier and any instant message name required to be provided
652 pursuant to paragraph (4)(d), after the sexual offender reports
653 in person at the sheriff’s office, shall be accomplished in the
654 manner provided in subsections (4), (7), and (8).
655 (b) Provide his or her name; date of birth; social security
656 number; race; sex; height; weight; hair and eye color; tattoos
657 or other identifying marks; occupation and place of employment;
658 address of permanent or legal residence or address of any
659 current temporary residence, within the state or out of state,
660 including a rural route address and a post office box; if no
661 permanent or temporary address, any transient residence within
662 the state, address, location or description, and dates of any
663 current or known future temporary residence within the state or
664 out of state; the make, model, color, registration number, and
665 license tag number of all vehicles owned; all home telephone
666 numbers number and any cellular telephone numbers number; all
667 any electronic mail addresses address and all Internet
668 identifiers any instant message name required to be provided
669 pursuant to paragraph (4)(d); fingerprints; palm prints;
670 photograph; date and place of each conviction; and a brief
671 description of the crime or crimes committed by the offender. A
672 post office box may shall not be provided in lieu of a physical
673 residential address. The sexual offender shall also produce his
674 or her passport, if he or she has a passport, and, if he or she
675 is an alien, shall produce or provide information about
676 documents establishing his or her immigration status. The sexual
677 predator shall also provide information about any professional
678 licenses that he or she may hold.
679 1. If the sexual offender’s place of residence is a motor
680 vehicle, trailer, mobile home, or manufactured home, as defined
681 in chapter 320, the sexual offender shall also provide to the
682 department through the sheriff’s office written notice of the
683 vehicle identification number; the license tag number; the
684 registration number; and a description, including color scheme,
685 of the motor vehicle, trailer, mobile home, or manufactured
686 home. If the sexual offender’s place of residence is a vessel,
687 live-aboard vessel, or houseboat, as defined in chapter 327, the
688 sexual offender shall also provide to the department written
689 notice of the hull identification number; the manufacturer’s
690 serial number; the name of the vessel, live-aboard vessel, or
691 houseboat; the registration number; and a description, including
692 color scheme, of the vessel, live-aboard vessel, or houseboat.
693 2. If the sexual offender is enrolled, employed,
694 volunteering, or carrying on a vocation at an institution of
695 higher education in this state, the sexual offender shall also
696 provide to the department through the sheriff’s office the name,
697 address, and county of each institution, including each campus
698 attended, and the sexual offender’s enrollment or employment
699 status. Each change in enrollment, volunteer, or employment
700 status shall be reported in person at the sheriff’s office,
701 within 48 hours after any change in status. The sheriff shall
702 promptly notify each institution of the sexual offender’s
703 presence and any change in the sexual offender’s enrollment,
704 volunteer, or employment status.
705 (c) Provide any other information determined necessary by
706 the department, including criminal and corrections records;
707 nonprivileged personnel and treatment records; and evidentiary
708 genetic markers when available.
709
710 When a sexual offender reports at the sheriff’s office, the
711 sheriff shall take a photograph, and a set of fingerprints, and
712 palm prints of the offender and forward the photographs, and
713 fingerprints, and palm prints to the department, along with the
714 information provided by the sexual offender. The sheriff shall
715 promptly provide to the department the information received from
716 the sexual offender.
717 (4)(a) Each time that a sexual offender’s driver driver’s
718 license or identification card is subject to renewal, and,
719 without regard to the status of the offender’s driver driver’s
720 license or identification card, within 48 hours after any change
721 in the offender’s permanent, temporary, or transient residence
722 or change in the offender’s name by reason of marriage or other
723 legal process, the offender shall report in person to a driver
724 driver’s license office, and is shall be subject to the
725 requirements specified in subsection (3). The Department of
726 Highway Safety and Motor Vehicles shall forward to the
727 department all photographs and information provided by sexual
728 offenders. Notwithstanding the restrictions set forth in s.
729 322.142, the Department of Highway Safety and Motor Vehicles may
730 is authorized to release a reproduction of a color-photograph or
731 digital-image license to the Department of Law Enforcement for
732 purposes of public notification of sexual offenders as provided
733 in this section and ss. 943.043 and 944.606. A sexual offender
734 who is unable to secure or update a driver license or
735 identification card with the Department of Highway Safety and
736 Motor Vehicles as provided in subsection (3) and this
737 subsection, shall report any change in permanent, temporary, or
738 transient residence or change in name by reason of marriage or
739 other legal process within 48 hours after the change to the
740 sheriff’s office in the county where the offender resides or is
741 located. The sexual offender shall also provide confirmation
742 that he or she has reported the change to the Department of
743 Highway Safety and Motor Vehicles.
744 (d) A sexual offender shall must register all any
745 electronic mail addresses and Internet identifiers address or
746 instant message name with the department before prior to using
747 such electronic mail addresses and Internet identifiers address
748 or instant message name on or after October 1, 2007. The
749 department shall establish an online system through which sexual
750 offenders may securely access and update all electronic mail
751 address and Internet identifier instant message name
752 information.
753 (7) A sexual offender who intends to establish a permanent,
754 temporary, or transient residence in another state or
755 jurisdiction other than the State of Florida shall report in
756 person to the sheriff of the county of current residence within
757 48 hours before the date he or she intends to leave this state
758 to establish residence in another state or jurisdiction or
759 within 21 days before his or her planned departure date if he or
760 she intends to reside 5 days or more outside the United States.
761 The notification must include the address, municipality, county,
762 and state, and country of intended residence. The sheriff shall
763 promptly provide to the department the information received from
764 the sexual offender. The department shall notify the statewide
765 law enforcement agency, or a comparable agency, in the intended
766 state, or jurisdiction, or country of residence of the sexual
767 offender’s intended residence. The failure of a sexual offender
768 to provide his or her intended place of residence is punishable
769 as provided in subsection (9).
770 (8) A sexual offender who indicates his or her intent to
771 establish a permanent, temporary, or transient residence in
772 another state, a or jurisdiction other than the State of
773 Florida, or another country and later decides to remain in this
774 state shall, within 48 hours after the date upon which the
775 sexual offender indicated he or she would leave this state,
776 report in person to the sheriff to which the sexual offender
777 reported the intended change of permanent, temporary, or
778 transient residence, and report his or her intent to remain in
779 this state. The sheriff shall promptly report this information
780 to the department. A sexual offender who reports his or her
781 intent to establish a permanent, temporary, or transient
782 residence in another state, a or jurisdiction other than the
783 State of Florida, or another country but who remains in this
784 state without reporting to the sheriff in the manner required by
785 this subsection commits a felony of the second degree,
786 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
787 (14)
788 (c) The sheriff’s office may determine the appropriate
789 times and days for reporting by the sexual offender, which shall
790 be consistent with the reporting requirements of this
791 subsection. Reregistration must shall include any changes to the
792 following information:
793 1. Name; social security number; age; race; sex; date of
794 birth; height; weight; hair and eye color; address of any
795 permanent residence and address of any current temporary
796 residence, within the state or out of state, including a rural
797 route address and a post office box; if no permanent or
798 temporary address, any transient residence within the state;
799 address, location or description, and dates of any current or
800 known future temporary residence within the state or out of
801 state; all any electronic mail addresses address and all
802 Internet identifiers any instant message name required to be
803 provided pursuant to paragraph (4)(d); all home telephone
804 numbers number and all any cellular telephone numbers number;
805 date and place of any employment; the vehicle make, model,
806 color, registration number, and license tag number of all
807 vehicles owned; fingerprints; palm prints; and photograph. A
808 post office box may shall not be provided in lieu of a physical
809 residential address. The sexual offender shall also produce his
810 or her passport, if he or she has a passport, and, if he or she
811 is an alien, shall produce or provide information about
812 documents establishing his or her immigration status. The sexual
813 offender shall also provide information about any professional
814 licenses he or she may hold.
815 2. If the sexual offender is enrolled, volunteering,
816 employed, or carrying on a vocation at an institution of higher
817 education in this state, the sexual offender shall also provide
818 to the department the name, address, and county of each
819 institution, including each campus attended, and the sexual
820 offender’s enrollment, volunteer, or employment status.
821 3. If the sexual offender’s place of residence is a motor
822 vehicle, trailer, mobile home, or manufactured home, as defined
823 in chapter 320, the sexual offender shall also provide the
824 vehicle identification number; the license tag number; the
825 registration number; and a description, including color scheme,
826 of the motor vehicle, trailer, mobile home, or manufactured
827 home. If the sexual offender’s place of residence is a vessel,
828 live-aboard vessel, or houseboat, as defined in chapter 327, the
829 sexual offender shall also provide the hull identification
830 number; the manufacturer’s serial number; the name of the
831 vessel, live-aboard vessel, or houseboat; the registration
832 number; and a description, including color scheme, of the
833 vessel, live-aboard vessel, or houseboat.
834 4. Any sexual offender who fails to report in person as
835 required at the sheriff’s office, or who fails to respond to any
836 address verification correspondence from the department within 3
837 weeks after of the date of the correspondence, or who fails to
838 report all electronic mail addresses and all Internet
839 identifiers or instant message names, or who knowingly provides
840 false registration information by act or omission commits a
841 felony of the third degree, punishable as provided in s.
842 775.082, s. 775.083, or s. 775.084.
843 Section 3. Section 943.04351, Florida Statutes, is amended
844 to read:
845 943.04351 Search of registration information regarding
846 sexual predators and sexual offenders required before prior to
847 appointment or employment.—A state agency or governmental
848 subdivision, before prior to making any decision to appoint or
849 employ a person to work, whether for compensation or as a
850 volunteer, at any park, playground, day care center, or other
851 place where children regularly congregate, must conduct a search
852 of that person’s name or other identifying information against
853 the registration information regarding sexual predators and
854 sexual offenders maintained by the Department of Law Enforcement
855 under s. 943.043. The agency or governmental subdivision may
856 conduct the search using the Internet site maintained by the
857 Department of Law Enforcement. In addition, a national search
858 must be conducted through the Dru Sjodin National Sex Offender
859 Public Website maintained by the United States Department of
860 Justice. This section does not apply to those positions or
861 appointments within a state agency or governmental subdivision
862 for which a state and national criminal history background check
863 is conducted.
864 Section 4. Section 943.04354, Florida Statutes, is amended
865 to read:
866 943.04354 Removal of the requirement to register as a
867 sexual offender or sexual predator in special circumstances.—
868 (1) For purposes of this section, a person shall be
869 considered for removal of the requirement to register as a
870 sexual offender or sexual predator only if the person:
871 (a) Was or will be convicted, regardless of adjudication,
872 or adjudicated delinquent of a violation of s. 794.011, s.
873 800.04, s. 827.071, or s. 847.0135(5), or a similar offense in
874 another jurisdiction, or the person committed a violation of s.
875 794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
876 adjudication of guilt was or will be withheld, and the person
877 does not have any other conviction, regardless of adjudication,
878 or adjudication of delinquency, or withhold of adjudication of
879 guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
880 s. 847.0135(5), or a similar offense in another jurisdiction;
881 (b)1. Was convicted, regardless of adjudication, or
882 adjudicated delinquent of an offense listed in paragraph (a) and
883 is required to register as a sexual offender or sexual predator
884 solely on the basis of this conviction or adjudication
885 violation; or and
886 2. Was convicted, regardless of adjudication, or
887 adjudicated delinquent of an offense in another jurisdiction
888 which is similar to an offense listed in paragraph (a) and no
889 longer meets the criteria for registration as a sexual offender
890 under the laws of the jurisdiction where the similar offense
891 occurred; and
892 (c) Is not more than 4 years older than the victim of this
893 violation who was 13 14 years of age or older but less not more
894 than 18 17 years of age at the time the person committed this
895 violation.
896 (2) If a person meets the criteria in subsection (1) and
897 the violation of s. 794.011, s. 800.04, s. 827.071, or s.
898 847.0135(5) was committed on or after July 1, 2007, the person
899 may move the sentencing court, or, if the person was convicted
900 or adjudicated delinquent of a qualifying offense in another
901 jurisdiction, the criminal circuit court of the circuit in which
902 the person resides, that will sentence or dispose of this
903 violation to remove the requirement that the person register as
904 a sexual offender or sexual predator. The person must allege in
905 the motion that he or she meets the criteria in subsection (1)
906 and that removal of the registration requirement will not
907 conflict with federal law. A person who was convicted or
908 adjudicated delinquent of an offense in another jurisdiction
909 which is similar to an offense listed in paragraph (1)(a) must
910 provide the court written confirmation that he or she is not
911 required to register in the state where the conviction or
912 adjudication occurred. The state attorney and the department
913 must be given notice of the motion at least 21 days before the
914 date of sentencing, the date of or disposition of the this
915 violation, or the date of hearing on the motion. The state
916 attorney or the department and may present evidence in
917 opposition to the requested relief or may otherwise demonstrate
918 why the motion should be denied. At sentencing, or disposition
919 of the this violation, or hearing on the motion, the court shall
920 rule on this motion. and, If the court determines that the
921 person meets the criteria in subsection (1) and that the removal
922 of the registration requirement will not conflict with federal
923 law, the court it may grant the motion and order the removal of
924 the registration requirement. The court shall instruct the
925 person to provide to the department a certified copy of the
926 order granting relief. If the court denies the motion, the
927 person may not petition is not authorized under this section to
928 petition for removal of the registration requirement.
929 (3)(a) This subsection applies to a person who:
930 1. Is not a person described in subsection (2) because the
931 violation of s. 794.011, s. 800.04, or s. 827.071 was not
932 committed on or after July 1, 2007;
933 2. Is subject to registration as a sexual offender or
934 sexual predator for a violation of s. 794.011, s. 800.04, or s.
935 827.071; and
936 3. Meets the criteria in subsection (1).
937 (b) A person may petition the court in which the sentence
938 or disposition for the violation of s. 794.011, s. 800.04, or s.
939 827.071 occurred for removal of the requirement to register as a
940 sexual offender or sexual predator. The person must allege in
941 the petition that he or she meets the criteria in subsection (1)
942 and removal of the registration requirement will not conflict
943 with federal law. The state attorney must be given notice of the
944 petition at least 21 days before the hearing on the petition and
945 may present evidence in opposition to the requested relief or
946 may otherwise demonstrate why the petition should be denied. The
947 court shall rule on the petition and, if the court determines
948 the person meets the criteria in subsection (1) and removal of
949 the registration requirement will not conflict with federal law,
950 it may grant the petition and order the removal of the
951 registration requirement. If the court denies the petition, the
952 person is not authorized under this section to file any further
953 petition for removal of the registration requirement.
954 (3)(4) If a person provides to the Department of Law
955 Enforcement a certified copy of the court’s order removing the
956 requirement that the person register as a sexual offender or
957 sexual predator for the violation of s. 794.011, s. 800.04, s.
958 827.071, or s. 847.0135(5), or a similar offense in another
959 jurisdiction, the registration requirement does will not apply
960 to the person and the department shall remove all information
961 about the person from the public registry of sexual offenders
962 and sexual predators maintained by the department. However, the
963 removal of this information from the public registry does not
964 mean that the public is denied access to information about the
965 person’s criminal history or record which that is otherwise
966 available as a public record.
967 Section 5. Subsection (2) and paragraph (a) of subsection
968 (3) of section 943.0437, Florida Statutes, are amended to read:
969 943.0437 Commercial social networking websites.—
970 (2) The department may provide information relating to
971 electronic mail addresses and Internet identifiers instant
972 message names maintained as part of the sexual offender registry
973 to commercial social networking websites or third parties
974 designated by commercial social networking websites. The
975 commercial social networking website may use this information
976 for the purpose of comparing registered users and screening
977 potential users of the commercial social networking website
978 against the list of electronic mail addresses and Internet
979 identifiers instant message names provided by the department.
980 (3) This section shall not be construed to impose any civil
981 liability on a commercial social networking website for:
982 (a) Any action voluntarily taken in good faith to remove or
983 disable any profile of a registered user associated with an
984 electronic mail address or Internet identifier instant message
985 name contained in the sexual offender registry.
986 Section 6. Paragraphs (b) and (d) of subsection (1) and
987 paragraph (a) of subsection (3) of section 944.606, Florida
988 Statutes, are amended to read:
989 944.606 Sexual offenders; notification upon release.—
990 (1) As used in this section:
991 (b) “Sexual offender” means a person who has been convicted
992 of committing, or attempting, soliciting, or conspiring to
993 commit, any of the criminal offenses proscribed in the following
994 statutes in this state or similar offenses in another
995 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
996 787.02, or s. 787.025(2)(c), where the victim is a minor and the
997 defendant is not the victim’s parent or guardian; s. 794.011,
998 excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.045; s.
999 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1000 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1001 847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
1002 offense committed in this state which has been redesignated from
1003 a former statute number to one of those listed in this
1004 subsection, when the department has received verified
1005 information regarding such conviction; an offender’s
1006 computerized criminal history record is not, in and of itself,
1007 verified information.
1008 (d) “Internet identifier Instant message name” has the same
1009 meaning as provided in s. 775.21 means an identifier that allows
1010 a person to communicate in real time with another person using
1011 the Internet.
1012 (3)(a) The department must provide information regarding
1013 any sexual offender who is being released after serving a period
1014 of incarceration for any offense, as follows:
1015 1. The department must provide: the sexual offender’s name,
1016 any change in the offender’s name by reason of marriage or other
1017 legal process, and any alias, if known; the correctional
1018 facility from which the sexual offender is released; the sexual
1019 offender’s social security number, race, sex, date of birth,
1020 height, weight, and hair and eye color; address of any planned
1021 permanent residence or temporary residence, within the state or
1022 out of state, including a rural route address and a post office
1023 box; if no permanent or temporary address, any transient
1024 residence within the state; address, location or description,
1025 and dates of any known future temporary residence within the
1026 state or out of state; date and county of sentence and each
1027 crime for which the offender was sentenced; a copy of the
1028 offender’s fingerprints, palm prints, and a digitized photograph
1029 taken within 60 days before release; the date of release of the
1030 sexual offender; all any electronic mail addresses address and
1031 all Internet identifiers any instant message name required to be
1032 provided pursuant to s. 943.0435(4)(d); all and home telephone
1033 numbers number and any cellular telephone numbers; information
1034 about any professional licenses the offender may have, if known;
1035 and passport information, if he or she has a passport, and, if
1036 he or she is an alien, information about documents establishing
1037 his or her immigration status number. The department shall
1038 notify the Department of Law Enforcement if the sexual offender
1039 escapes, absconds, or dies. If the sexual offender is in the
1040 custody of a private correctional facility, the facility shall
1041 take the digitized photograph of the sexual offender within 60
1042 days before the sexual offender’s release and provide this
1043 photograph to the Department of Corrections and also place it in
1044 the sexual offender’s file. If the sexual offender is in the
1045 custody of a local jail, the custodian of the local jail shall
1046 register the offender within 3 business days after intake of the
1047 offender for any reason and upon release, and shall notify the
1048 Department of Law Enforcement of the sexual offender’s release
1049 and provide to the Department of Law Enforcement the information
1050 specified in this paragraph and any information specified in
1051 subparagraph 2. that the Department of Law Enforcement requests.
1052 2. The department may provide any other information deemed
1053 necessary, including criminal and corrections records,
1054 nonprivileged personnel and treatment records, when available.
1055 Section 7. Paragraphs (a) and (f) of subsection (1),
1056 subsection (4), and paragraph (c) of subsection (13) of section
1057 944.607, Florida Statutes, are amended to read:
1058 944.607 Notification to Department of Law Enforcement of
1059 information on sexual offenders.—
1060 (1) As used in this section, the term:
1061 (a) “Sexual offender” means a person who is in the custody
1062 or control of, or under the supervision of, the department or is
1063 in the custody of a private correctional facility:
1064 1. On or after October 1, 1997, as a result of a conviction
1065 for committing, or attempting, soliciting, or conspiring to
1066 commit, any of the criminal offenses proscribed in the following
1067 statutes in this state or similar offenses in another
1068 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1069 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1070 defendant is not the victim’s parent or guardian; s. 794.011,
1071 excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
1072 796.045; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s.
1073 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
1074 847.0145; s. 916.1075; or s. 985.701(1); or any similar offense
1075 committed in this state which has been redesignated from a
1076 former statute number to one of those listed in this paragraph;
1077 or
1078 2. Who establishes or maintains a residence in this state
1079 and who has not been designated as a sexual predator by a court
1080 of this state but who has been designated as a sexual predator,
1081 as a sexually violent predator, or by another sexual offender
1082 designation in another state or jurisdiction and was, as a
1083 result of such designation, subjected to registration or
1084 community or public notification, or both, or would be if the
1085 person were a resident of that state or jurisdiction, without
1086 regard as to whether the person otherwise meets the criteria for
1087 registration as a sexual offender.
1088 (f) “Internet identifier Instant message name” has the same
1089 meaning as provided in s. 775.21 means an identifier that allows
1090 a person to communicate in real time with another person using
1091 the Internet.
1092 (4) A sexual offender, as described in this section, who is
1093 under the supervision of the Department of Corrections but is
1094 not incarcerated shall must register with the Department of
1095 Corrections within 3 business days after sentencing for a
1096 registrable offense and otherwise provide information as
1097 required by this subsection.
1098 (a) The sexual offender shall provide his or her name; date
1099 of birth; social security number; race; sex; height; weight;
1100 hair and eye color; tattoos or other identifying marks; all any
1101 electronic mail addresses address and all Internet identifiers
1102 any instant message name required to be provided pursuant to s.
1103 943.0435(4)(d); the make, model, color, registration number, and
1104 license tag number of all vehicles owned; permanent or legal
1105 residence and address of temporary residence within the state or
1106 out of state while the sexual offender is under supervision in
1107 this state, including any rural route address or post office
1108 box; if no permanent or temporary address, any transient
1109 residence within the state; and address, location or
1110 description, and dates of any current or known future temporary
1111 residence within the state or out of state. The sexual offender
1112 shall also produce his or her passport, if he or she has a
1113 passport, and, if he or she is an alien, shall produce or
1114 provide information about documents establishing his or her
1115 immigration status. The Department of Corrections shall verify
1116 the address of each sexual offender in the manner described in
1117 ss. 775.21 and 943.0435. The department shall report to the
1118 Department of Law Enforcement any failure by a sexual predator
1119 or sexual offender to comply with registration requirements.
1120 (b) If the sexual offender is enrolled, employed,
1121 volunteering, or carrying on a vocation at an institution of
1122 higher education in this state, the sexual offender shall
1123 provide the name, address, and county of each institution,
1124 including each campus attended, and the sexual offender’s
1125 enrollment, volunteer, or employment status. Each change in
1126 enrollment, volunteer, or employment status shall be reported to
1127 the department within 48 hours after the change in status. The
1128 Department of Corrections shall promptly notify each institution
1129 of the sexual offender’s presence and any change in the sexual
1130 offender’s enrollment, volunteer, or employment status.
1131 (13)
1132 (c) The sheriff’s office may determine the appropriate
1133 times and days for reporting by the sexual offender, which shall
1134 be consistent with the reporting requirements of this
1135 subsection. Reregistration must shall include any changes to the
1136 following information:
1137 1. Name; social security number; age; race; sex; date of
1138 birth; height; weight; hair and eye color; address of any
1139 permanent residence and address of any current temporary
1140 residence, within the state or out of state, including a rural
1141 route address and a post office box; if no permanent or
1142 temporary address, any transient residence; address, location or
1143 description, and dates of any current or known future temporary
1144 residence within the state or out of state; all any electronic
1145 mail addresses address and all Internet identifiers any instant
1146 message name required to be provided pursuant to s.
1147 943.0435(4)(d); date and place of any employment; the vehicle
1148 make, model, color, registration number, and license tag number
1149 of all vehicles owned; fingerprints; palm prints; and
1150 photograph. A post office box may shall not be provided in lieu
1151 of a physical residential address. The sexual offender shall
1152 also produce his or her passport, if he or she has a passport,
1153 and, if he or she is an alien, shall produce or provide
1154 information about documents establishing his or her immigration
1155 status. The offender shall also provide information about any
1156 professional licenses he or she may hold.
1157 2. If the sexual offender is enrolled, employed,
1158 volunteering, or carrying on a vocation at an institution of
1159 higher education in this state, the sexual offender shall also
1160 provide to the department the name, address, and county of each
1161 institution, including each campus attended, and the sexual
1162 offender’s enrollment, volunteer, or employment status.
1163 3. If the sexual offender’s place of residence is a motor
1164 vehicle, trailer, mobile home, or manufactured home, as defined
1165 in chapter 320, the sexual offender shall also provide the
1166 vehicle identification number; the license tag number; the
1167 registration number; and a description, including color scheme,
1168 of the motor vehicle, trailer, mobile home, or manufactured
1169 home. If the sexual offender’s place of residence is a vessel,
1170 live-aboard vessel, or houseboat, as defined in chapter 327, the
1171 sexual offender shall also provide the hull identification
1172 number; the manufacturer’s serial number; the name of the
1173 vessel, live-aboard vessel, or houseboat; the registration
1174 number; and a description, including color scheme, of the
1175 vessel, live-aboard vessel, or houseboat.
1176 4. Any sexual offender who fails to report in person as
1177 required at the sheriff’s office, or who fails to respond to any
1178 address verification correspondence from the department within 3
1179 weeks of the date of the correspondence, or who fails to report
1180 all electronic mail addresses and all Internet identifiers or
1181 instant message names, or who knowingly provides false
1182 registration information by act or omission commits a felony of
1183 the third degree, punishable as provided in s. 775.082, s.
1184 775.083, or s. 775.084.
1185 Section 8. Subsection (11) of section 947.005, Florida
1186 Statutes, is amended to read:
1187 947.005 Definitions.—As used in this chapter, unless the
1188 context clearly indicates otherwise:
1189 (11) “Risk assessment” means an assessment completed by a
1190 an independent qualified practitioner to evaluate the level of
1191 risk associated when a sex offender has contact with a child.
1192 Section 9. Section 948.31, Florida Statutes, is amended to
1193 read:
1194 948.31 Evaluation and treatment of sexual predators and
1195 offenders on probation or community control.—The court may shall
1196 require an evaluation by a qualified practitioner to determine
1197 the need of a probationer or community controllee for treatment.
1198 If the court determines that a need therefor is established by
1199 the evaluation process, the court shall require sexual offender
1200 treatment as a term or condition of probation or community
1201 control for any probationer or community controllee person who
1202 is required to register as a sexual predator under s. 775.21 or
1203 sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to
1204 undergo an evaluation by a qualified practitioner to determine
1205 whether the probationer or community controllee needs sexual
1206 offender treatment. If the qualified practitioner determines
1207 that sexual offender treatment is needed and recommends
1208 treatment, the probationer or community controllee must
1209 successfully complete and pay for the treatment. Such treatment
1210 must shall be required to be obtained from a qualified
1211 practitioner as defined in s. 948.001. Treatment may not be
1212 administered by a qualified practitioner who has been convicted
1213 or adjudicated delinquent of committing, or attempting,
1214 soliciting, or conspiring to commit, any offense that is listed
1215 in s. 943.0435(1)(a)1.a.(I). The court shall impose a
1216 restriction against contact with minors if sexual offender
1217 treatment is recommended. The evaluation and recommendations for
1218 treatment of the probationer or community controllee shall be
1219 provided to the court for review.
1220 Section 10. Paragraph (a) of subsection (3) of section
1221 985.481, Florida Statutes, is amended to read:
1222 985.481 Sexual offenders adjudicated delinquent;
1223 notification upon release.—
1224 (3)(a) The department must provide information regarding
1225 any sexual offender who is being released after serving a period
1226 of residential commitment under the department for any offense,
1227 as follows:
1228 1. The department must provide the sexual offender’s name,
1229 any change in the offender’s name by reason of marriage or other
1230 legal process, and any alias, if known; the correctional
1231 facility from which the sexual offender is released; the sexual
1232 offender’s social security number, race, sex, date of birth,
1233 height, weight, and hair and eye color; the make, model, color,
1234 registration number, and license tag number of all vehicles
1235 owned, if known; address of any planned permanent residence or
1236 temporary residence, within the state or out of state, including
1237 a rural route address and a post office box; if no permanent or
1238 temporary address, any transient residence within the state;
1239 address, location or description, and dates of any known future
1240 temporary residence within the state or out of state; date and
1241 county of disposition and each crime for which there was a
1242 disposition; a copy of the offender’s fingerprints and a
1243 digitized photograph taken within 60 days before release; the
1244 date of release of the sexual offender; all and home telephone
1245 numbers number and any cellular telephone numbers; information
1246 about any professional licenses that the offender may hold, if
1247 known; and passport information, if he or she has a passport,
1248 and, if he or she is an alien, information about documents
1249 establishing his or her immigration status number. The
1250 department shall notify the Department of Law Enforcement if the
1251 sexual offender escapes, absconds, or dies. If the sexual
1252 offender is in the custody of a private correctional facility,
1253 the facility shall take the digitized photograph of the sexual
1254 offender within 60 days before the sexual offender’s release and
1255 also place it in the sexual offender’s file. If the sexual
1256 offender is in the custody of a local jail, the custodian of the
1257 local jail shall register the offender within 3 business days
1258 after intake of the offender for any reason and upon release,
1259 and shall notify the Department of Law Enforcement of the sexual
1260 offender’s release and provide to the Department of Law
1261 Enforcement the information specified in this subparagraph and
1262 any information specified in subparagraph 2. which the
1263 Department of Law Enforcement requests.
1264 2. The department may provide any other information
1265 considered necessary, including criminal and delinquency
1266 records, when available.
1267 Section 11. Subsection (4) and paragraph (b) of subsection
1268 (13) of section 985.4815, Florida Statutes, are amended to read:
1269 985.4815 Notification to Department of Law Enforcement of
1270 information on juvenile sexual offenders.—
1271 (4) A sexual offender, as described in this section, who is
1272 under the supervision of the department but who is not committed
1273 shall must register with the department within 3 business days
1274 after adjudication and disposition for a registrable offense and
1275 otherwise provide information as required by this subsection.
1276 (a) The sexual offender shall provide his or her name; date
1277 of birth; social security number; race; sex; height; weight;
1278 hair and eye color; tattoos or other identifying marks; the
1279 make, model, color, registration number, and license tag number
1280 of all vehicles owned; permanent or legal residence and address
1281 of temporary residence within the state or out of state while
1282 the sexual offender is in the care or custody or under the
1283 jurisdiction or supervision of the department in this state,
1284 including any rural route address or post office box; if no
1285 permanent or temporary address, any transient residence;
1286 address, location or description, and dates of any current or
1287 known future temporary residence within the state or out of
1288 state; and the name and address of each school attended. The
1289 sexual offender shall also produce his or her passport, if he or
1290 she has a passport, and, if he or she is an alien, shall produce
1291 or provide information about documents establishing his or her
1292 immigration status. The offender shall also provide information
1293 about any professional licenses that he or she may hold. The
1294 department shall verify the address of each sexual offender and
1295 shall report to the Department of Law Enforcement any failure by
1296 a sexual offender to comply with registration requirements.
1297 (b) If the sexual offender is enrolled, employed,
1298 volunteering, or carrying on a vocation at an institution of
1299 higher education in this state, the sexual offender shall
1300 provide the name, address, and county of each institution,
1301 including each campus attended, and the sexual offender’s
1302 enrollment, volunteer, or employment status. Each change in
1303 enrollment, volunteer, or employment status shall be reported to
1304 the department within 48 hours after the change in status. The
1305 department shall promptly notify each institution of the sexual
1306 offender’s presence and any change in the sexual offender’s
1307 enrollment, volunteer, or employment status.
1308 (13)
1309 (b) The sheriff’s office may determine the appropriate
1310 times and days for reporting by the sexual offender, which shall
1311 be consistent with the reporting requirements of this
1312 subsection. Reregistration must shall include any changes to the
1313 following information:
1314 1. Name; social security number; age; race; sex; date of
1315 birth; height; weight; hair and eye color; fingerprints; palm
1316 prints; address of any permanent residence and address of any
1317 current temporary residence, within the state or out of state,
1318 including a rural route address and a post office box; if no
1319 permanent or temporary address, any transient residence;
1320 address, location or description, and dates of any current or
1321 known future temporary residence within the state or out of
1322 state; passport information, if he or she has a passport, and,
1323 if he or she is an alien, information about documents
1324 establishing his or her immigration status; name and address of
1325 each school attended; date and place of any employment; the
1326 vehicle make, model, color, registration number, and license tag
1327 number of all vehicles owned; fingerprints; and photograph. A
1328 post office box may shall not be provided in lieu of a physical
1329 residential address. The offender shall also provide information
1330 about any professional licenses that he or she may hold.
1331 2. If the sexual offender is enrolled, employed,
1332 volunteering, or carrying on a vocation at an institution of
1333 higher education in this state, the sexual offender shall also
1334 provide to the department the name, address, and county of each
1335 institution, including each campus attended, and the sexual
1336 offender’s enrollment, volunteer, or employment status.
1337 3. If the sexual offender’s place of residence is a motor
1338 vehicle, trailer, mobile home, or manufactured home, as defined
1339 in chapter 320, the sexual offender shall also provide the
1340 vehicle identification number; the license tag number; the
1341 registration number; and a description, including color scheme,
1342 of the motor vehicle, trailer, mobile home, or manufactured
1343 home. If the sexual offender’s place of residence is a vessel,
1344 live-aboard vessel, or houseboat, as defined in chapter 327, the
1345 sexual offender shall also provide the hull identification
1346 number; the manufacturer’s serial number; the name of the
1347 vessel, live-aboard vessel, or houseboat; the registration
1348 number; and a description, including color scheme, of the
1349 vessel, live-aboard vessel, or houseboat.
1350 4. Any sexual offender who fails to report in person as
1351 required at the sheriff’s office, or who fails to respond to any
1352 address verification correspondence from the department within 3
1353 weeks after the date of the correspondence, or who knowingly
1354 provides false registration information by act or omission
1355 commits a felony of the third degree, punishable as provided in
1356 ss. 775.082, 775.083, and 775.084.
1357 Section 12. Paragraphs (g) and (i) of subsection (3) of
1358 section 921.0022, Florida Statutes, are amended to read:
1359 921.0022 Criminal Punishment Code; offense severity ranking
1360 chart.—
1361 (3) OFFENSE SEVERITY RANKING CHART
1362 (g) LEVEL 7
1363 FloridaStatute FelonyDegree Description
1364 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1365 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1366 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
1367 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1368 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1369 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1370 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1371 456.065(2) 3rd Practicing a health care profession without a license.
1372 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1373 458.327(1) 3rd Practicing medicine without a license.
1374 459.013(1) 3rd Practicing osteopathic medicine without a license.
1375 460.411(1) 3rd Practicing chiropractic medicine without a license.
1376 461.012(1) 3rd Practicing podiatric medicine without a license.
1377 462.17 3rd Practicing naturopathy without a license.
1378 463.015(1) 3rd Practicing optometry without a license.
1379 464.016(1) 3rd Practicing nursing without a license.
1380 465.015(2) 3rd Practicing pharmacy without a license.
1381 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1382 467.201 3rd Practicing midwifery without a license.
1383 468.366 3rd Delivering respiratory care services without a license.
1384 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1385 483.901(9) 3rd Practicing medical physics without a license.
1386 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1387 484.053 3rd Dispensing hearing aids without a license.
1388 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
1389 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
1390 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1391 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1392 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
1393 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1394 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1395 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1396 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1397 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1398 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1399 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1400 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1401 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1402 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1403 784.048(7) 3rd Aggravated stalking; violation of court order.
1404 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1405 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1406 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1407 784.081(1) 1st Aggravated battery on specified official or employee.
1408 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1409 784.083(1) 1st Aggravated battery on code inspector.
1410 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1411 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1412 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1413 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1414 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1415 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1416 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1417 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
1418 796.03 2nd Procuring any person under 18 16 years for prostitution.
1419 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1420 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
1421 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1422 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1423 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1424 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1425 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1426 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
1427 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1428 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1429 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1430 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1431 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1432 812.131(2)(a) 2nd Robbery by sudden snatching.
1433 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1434 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1435 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1436 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1437 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
1438 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1439 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
1440 827.03(3)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1441 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1442 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1443 838.015 2nd Bribery.
1444 838.016 2nd Unlawful compensation or reward for official behavior.
1445 838.021(3)(a) 2nd Unlawful harm to a public servant.
1446 838.22 2nd Bid tampering.
1447 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1448 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1449 872.06 2nd Abuse of a dead human body.
1450 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1451 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
1452 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
1453 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
1454 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1455 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1456 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1457 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1458 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1459 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1460 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1461 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1462 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1463 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1464 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1465 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1466 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1467 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1468 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1469 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1470 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1471 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1472 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1473 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1474 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1475 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1476 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1477 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1478 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1479 (i) LEVEL 9
1480 FloridaStatute FelonyDegree Description
1481 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1482 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1483 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1484 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1485 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1486 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1487 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1488 775.0844 1st Aggravated white collar crime.
1489 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1490 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, and other specified felonies.
1491 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1492 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1493 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1494 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1495 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1496 787.02(3)(a) 1st, PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1497 790.161 1st Attempted capital destructive device offense.
1498 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1499 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1500 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1501 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1502 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1503 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1504 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1505 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1506 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1507 812.135(2)(b) 1st Home-invasion robbery with weapon.
1508 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
1509 827.03(2) 1st Aggravated child abuse.
1510 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1511 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1512 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
1513 893.135 1st Attempted capital trafficking offense.
1514 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1515 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1516 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1517 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1518 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1519 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1520 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1521 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1522 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1523 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1524 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1525 Section 13. For the purpose of incorporating the amendments
1526 made by this act to sections 775.21, 943.0435, and 944.607,
1527 Florida Statutes, in references thereto, subsection (4) of
1528 section 322.141, Florida Statutes, is reenacted to read:
1529 322.141 Color or markings of certain licenses or
1530 identification cards.—
1531 (4) Unless previously secured or updated, each sexual
1532 offender and sexual predator shall report to the department
1533 during the month of his or her reregistration as required under
1534 s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in order to
1535 obtain an updated or renewed driver’s license or identification
1536 card as required by subsection (3).
1537 Section 14. For the purpose of incorporating the amendments
1538 made by this act to sections 775.21 and 943.0435, Florida
1539 Statutes, in references thereto, section 794.056, Florida
1540 Statutes, is reenacted to read:
1541 794.056 Rape Crisis Program Trust Fund.—
1542 (1) The Rape Crisis Program Trust Fund is created within
1543 the Department of Health for the purpose of providing funds for
1544 rape crisis centers in this state. Trust fund moneys shall be
1545 used exclusively for the purpose of providing services for
1546 victims of sexual assault. Funds credited to the trust fund
1547 consist of those funds collected as an additional court
1548 assessment in each case in which a defendant pleads guilty or
1549 nolo contendere to, or is found guilty of, regardless of
1550 adjudication, an offense provided in s. 775.21(6) and (10)(a),
1551 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
1552 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
1553 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
1554 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
1555 s. 796.03; s. 796.035; s. 796.04; s. 796.045; s. 796.05; s.
1556 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
1557 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
1558 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
1559 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
1560 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
1561 fund also shall include revenues provided by law, moneys
1562 appropriated by the Legislature, and grants from public or
1563 private entities.
1564 (2) The Department of Health shall establish by rule
1565 criteria consistent with the provisions of s. 794.055(3)(a) for
1566 distributing moneys from the trust fund to rape crisis centers.
1567 Section 15. For the purpose of incorporating the amendments
1568 made by this act to sections 775.21 and 943.0435, Florida
1569 Statutes, in references thereto, section 938.085, Florida
1570 Statutes, is reenacted to read:
1571 938.085 Additional cost to fund rape crisis centers.—In
1572 addition to any sanction imposed when a person pleads guilty or
1573 nolo contendere to, or is found guilty of, regardless of
1574 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
1575 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
1576 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
1577 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
1578 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; s. 796.03;
1579 s. 796.035; s. 796.04; s. 796.045; s. 796.05; s. 796.06; s.
1580 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
1581 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
1582 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
1583 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
1584 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
1585 $151. Payment of the surcharge shall be a condition of
1586 probation, community control, or any other court-ordered
1587 supervision. The sum of $150 of the surcharge shall be deposited
1588 into the Rape Crisis Program Trust Fund established within the
1589 Department of Health by chapter 2003-140, Laws of Florida. The
1590 clerk of the court shall retain $1 of each surcharge that the
1591 clerk of the court collects as a service charge of the clerk’s
1592 office.
1593 Section 16. This act shall take effect October 1, 2012.
1594