HB 455

1
A bill to be entitled
2An act relating to criminal offenders; amending s.
3775.21, F.S.; replacing the definition of the term
4"instant message name" with the definition of the term
5"Internet identifier"; providing that voluntary
6disclosure of specified information waives a
7disclosure exemption for such information; conforming
8provisions; requiring disclosure of passport and
9immigration status information; requiring that a
10sexual predator who is unable to secure or update a
11driver license or identification card within a
12specified period must report specified information to
13the local sheriff's office within a specified period
14after such change with confirmation that he or she
15also reported such information to the Department of
16Highway Safety and Motor Vehicles; requiring a sexual
17predator released in a homeless or transient status to
18report in person to the sheriff's office in the county
19in which he or she is located within a specified
20period; revising reporting requirements if a sexual
21predator plans to leave the United States for more
22than a specified period; amending s. 943.0435, F.S.;
23replacing the definition of the term "instant message
24name" with the definition of the term "Internet
25identifier"; conforming provisions; requiring
26disclosure of passport and immigration status
27information; requiring that a sexual predator who is
28unable to secure or update a driver license or
29identification card within a specified period must
30report specified information to the local sheriff's
31office within a specified period of such change with
32confirmation that he or she also reported such
33information to the Department of Highway Safety and
34Motor Vehicles; providing additional requirements for
35sexual offenders intending to reside outside of the
36United States; amending s. 943.04351, F.S.; requiring
37a specified national search of registration
38information regarding sexual predators and sexual
39offenders prior to appointment or employment of
40persons by state agencies and governmental
41subdivisions; amending s. 943.04354, F.S.; revising
42the age range applicable to provisions allowing
43removal of the requirement to register as a sexual
44offender or sexual predator in certain circumstances;
45revising eligibility requirements for removal of the
46requirement to register as a sexual offender or sexual
47predator; amending s. 943.0437, F.S.; replacing the
48definition of the term "instant message name" with the
49definition of the term "Internet identifier";
50conforming provisions; amending ss. 944.606 and
51944.607, F.S.; replacing the definition of the term
52"instant message name" with the definition of the term
53"Internet identifier"; conforming provisions;
54requiring disclosure of passport and immigration
55status information; amending s. 947.005, F.S.;
56revising the definition of the term "risk assessment";
57amending s. 947.1405, F.S.; requiring that certain
58conditional releasees be subject to electronic
59monitoring; amending s. 948.30, F.S.; providing
60restrictions for certain persons who receive a
61designation equivalent to sexual predator in another
62jurisdiction or who are convicted of certain offenses
63in another jurisdiction; providing for electronic
64monitoring of certain persons; subjecting persons
65convicted of specified offenses to additional
66restrictions; amending s. 948.31, F.S.; providing that
67conditions imposed under that section do not require
68oral pronouncement at the time of sentencing and shall
69be considered standard conditions of probation or
70community control for certain offenders; revising
71provisions relating to evaluation of persons subject
72to registration as sexual offenders or sexual
73predators; authorizing a court to require treatment
74from a qualified practitioner in certain
75circumstances; authorizing a court to restrict the
76probationer or community controllee from having
77unsupervised contact with a minor or prohibit him or
78her from residing with a minor in certain
79circumstances; amending ss. 985.481 and 985.4815,
80F.S.; requiring disclosure of passport and immigration
81status information by certain sexual offenders
82adjudicated delinquent and certain juvenile sexual
83offenders; amending s. 903.046, F.S.; requiring a
84court considering whether to release a defendant on
85bail to determine whether the defendant is subject to
86registration as a sexual offender or sexual predator
87and, if so, to hold the defendant without bail until
88the first appearance on the case; providing an
89exception; amending s. 948.012, F.S.; revising
90language concerning commencement of the period of
91probation or community control; amending s. 948.039,
92F.S.; providing that a probation or community control
93period commences immediately upon the release of the
94offender from incarceration; providing severability;
95providing effective dates.
96
97Be It Enacted by the Legislature of the State of Florida:
98
99     Section 1.  Paragraph (i) of subsection (2), paragraphs
100(a), (e), (g), (i), and (j) of subsection (6), paragraph (a) of
101subsection (8), and paragraph (a) of subsection (10) of section
102775.21, Florida Statutes, are amended to read:
103     775.21  The Florida Sexual Predators Act.-
104     (2)  DEFINITIONS.-As used in this section, the term:
105     (i)  "Internet identifier Instant message name" means all
106electronic mail, chat, instant messenger, social networking, or
107similar name used for Internet communication, but does not
108include a date of birth, social security number, or personal
109identification number (PIN) an identifier that allows a person
110to communicate in real time with another person using the
111Internet. Voluntary disclosure by the sexual predator of his or
112her date of birth, social security number, or personal
113identification number (PIN) as an Internet identifier waives the
114disclosure exemption in this paragraph for such personal
115information.
116     (6)  REGISTRATION.-
117     (a)  A sexual predator must register with the department
118through the sheriff's office by providing the following
119information to the department:
120     1.  Name; social security number; age; race; sex; date of
121birth; height; weight; hair and eye color; photograph; address
122of legal residence and address of any current temporary
123residence, within the state or out of state, including a rural
124route address and a post office box; if no permanent or
125temporary address, any transient residence within the state;
126address, location or description, and dates of any current or
127known future temporary residence within the state or out of
128state; all any electronic mail addresses address and all
129Internet identifiers any instant message name required to be
130provided pursuant to subparagraph (g)4.; all home telephone
131numbers number and any cellular telephone numbers number; date
132and place of any employment; date and place of each conviction;
133fingerprints; and a brief description of the crime or crimes
134committed by the offender. A post office box shall not be
135provided in lieu of a physical residential address. The sexual
136predator must also produce or provide information about his or
137her passport, if he or she has a passport, and, if he or she is
138an alien, must produce or provide information about documents
139establishing his or her immigration status.
140     a.  If the sexual predator's place of residence is a motor
141vehicle, trailer, mobile home, or manufactured home, as defined
142in chapter 320, the sexual predator shall also provide to the
143department written notice of the vehicle identification number;
144the license tag number; the registration number; and a
145description, including color scheme, of the motor vehicle,
146trailer, mobile home, or manufactured home. If a sexual
147predator's place of residence is a vessel, live-aboard vessel,
148or houseboat, as defined in chapter 327, the sexual predator
149shall also provide to the department written notice of the hull
150identification number; the manufacturer's serial number; the
151name of the vessel, live-aboard vessel, or houseboat; the
152registration number; and a description, including color scheme,
153of the vessel, live-aboard vessel, or houseboat.
154     b.  If the sexual predator is enrolled, employed, or
155carrying on a vocation at an institution of higher education in
156this state, the sexual predator shall also provide to the
157department the name, address, and county of each institution,
158including each campus attended, and the sexual predator's
159enrollment or employment status. Each change in enrollment or
160employment status shall be reported in person at the sheriff's
161office, or the Department of Corrections if the sexual predator
162is in the custody or control of or under the supervision of the
163Department of Corrections, within 48 hours after any change in
164status. The sheriff or the Department of Corrections shall
165promptly notify each institution of the sexual predator's
166presence and any change in the sexual predator's enrollment or
167employment status.
168     2.  Any other information determined necessary by the
169department, including criminal and corrections records;
170nonprivileged personnel and treatment records; and evidentiary
171genetic markers when available.
172     (e)1.  If the sexual predator is not in the custody or
173control of, or under the supervision of, the Department of
174Corrections or is not in the custody of a private correctional
175facility, the sexual predator shall register in person:
176     a.  At the sheriff's office in the county where he or she
177establishes or maintains a residence within 48 hours after
178establishing or maintaining a residence in this state; and
179     b.  At the sheriff's office in the county where he or she
180was designated a sexual predator by the court within 48 hours
181after such finding is made.
182     2.  Any change in the sexual predator's permanent or
183temporary residence, name, or all any electronic mail addresses
184address and all Internet identifiers any instant message name
185required to be provided pursuant to subparagraph (g)4., after
186the sexual predator registers in person at the sheriff's office
187as provided in subparagraph 1., shall be accomplished in the
188manner provided in paragraphs (g), (i), and (j). When a sexual
189predator registers with the sheriff's office, the sheriff shall
190take a photograph and a set of fingerprints of the predator and
191forward the photographs and fingerprints to the department,
192along with the information that the predator is required to
193provide pursuant to this section.
194     (g)1.  Each time a sexual predator's driver driver's
195license or identification card is subject to renewal, and,
196without regard to the status of the predator's driver driver's
197license or identification card, within 48 hours after any change
198of the predator's residence or change in the predator's name by
199reason of marriage or other legal process, the predator shall
200report in person to a driver driver's license office and shall
201be subject to the requirements specified in paragraph (f). The
202Department of Highway Safety and Motor Vehicles shall forward to
203the department and to the Department of Corrections all
204photographs and information provided by sexual predators.
205Notwithstanding the restrictions set forth in s. 322.142, the
206Department of Highway Safety and Motor Vehicles is authorized to
207release a reproduction of a color-photograph or digital-image
208license to the Department of Law Enforcement for purposes of
209public notification of sexual predators as provided in this
210section. A sexual predator who is unable to secure or update a
211driver license or identification card with the Department of
212Highway Safety and Motor Vehicles as provided in paragraph (f)
213and this paragraph must also report any change of the predator's
214residence or change in the predator's name by reason of marriage
215or other legal process within 48 hours after the change to the
216sheriff's office in the county where the predator resides or is
217located and provide confirmation that he or she reported such
218information to the Department of Highway Safety and Motor
219Vehicles.
220     2.  A sexual predator who vacates a permanent, temporary,
221or transient residence and fails to establish or maintain
222another permanent, temporary, or transient residence shall,
223within 48 hours after vacating the permanent, temporary, or
224transient residence, report in person to the sheriff's office of
225the county in which he or she is located. The sexual predator
226shall specify the date upon which he or she intends to or did
227vacate such residence. If the sexual predator is released from
228custody in a homeless or transient status, he or she must report
229in person to the sheriff's office in the county in which he or
230she is located within 24 hours. The sexual predator must provide
231or update all of the registration information required under
232paragraph (a). The sexual predator must provide an address for
233the residence or other place that he or she is or will be
234located during the time in which he or she fails to establish or
235maintain a permanent or temporary residence.
236     3.  A sexual predator who remains at a permanent,
237temporary, or transient residence after reporting his or her
238intent to vacate such residence shall, within 48 hours after the
239date upon which the predator indicated he or she would or did
240vacate such residence, report in person to the sheriff's office
241to which he or she reported pursuant to subparagraph 2. for the
242purpose of reporting his or her address at such residence. When
243the sheriff receives the report, the sheriff shall promptly
244convey the information to the department. An offender who makes
245a report as required under subparagraph 2. but fails to make a
246report as required under this subparagraph commits a felony of
247the second degree, punishable as provided in s. 775.082, s.
248775.083, or s. 775.084.
249     4.  A sexual predator must register all any electronic mail
250addresses and Internet identifiers address or instant message
251name with the department prior to using such electronic mail
252addresses and Internet identifiers address or instant message
253name on or after October 1, 2007. The department shall establish
254an online system through which sexual predators may securely
255access and update all electronic mail address and Internet
256identifier instant message name information.
257     (i)  A sexual predator who intends to establish a
258permanent, temporary, or transient residence in another state or
259jurisdiction other than the State of Florida shall report in
260person to the sheriff of the county of current residence within
26148 hours before the date he or she intends to leave this state
262to establish residence in another state or jurisdiction or
263within 21 days before his or her planned departure date if the
264intended residence of 7 days or more is outside of the United
265States. The sexual predator must provide to the sheriff the
266address, municipality, county, and state, and country of
267intended residence. The sheriff shall promptly provide to the
268department the information received from the sexual predator.
269The department shall notify the statewide law enforcement
270agency, or a comparable agency, in the intended state, or
271jurisdiction, or country of residence of the sexual predator's
272intended residence. The failure of a sexual predator to provide
273his or her intended place of residence is punishable as provided
274in subsection (10).
275     (j)  A sexual predator who indicates his or her intent to
276establish a permanent, temporary, or transient residence in
277another state, a or jurisdiction other than the State of
278Florida, or another country and later decides to remain in this
279state shall, within 48 hours after the date upon which the
280sexual predator indicated he or she would leave this state,
281report in person to the sheriff to which the sexual predator
282reported the intended change of residence, and report his or her
283intent to remain in this state. If the sheriff is notified by
284the sexual predator that he or she intends to remain in this
285state, the sheriff shall promptly report this information to the
286department. A sexual predator who reports his or her intent to
287establish a permanent, temporary, or transient residence in
288another state, a or jurisdiction other than the State of
289Florida, or another country, but who remains in this state
290without reporting to the sheriff in the manner required by this
291paragraph, commits a felony of the second degree, punishable as
292provided in s. 775.082, s. 775.083, or s. 775.084.
293     (8)  VERIFICATION.-The department and the Department of
294Corrections shall implement a system for verifying the addresses
295of sexual predators. The system must be consistent with the
296provisions of the federal Adam Walsh Child Protection and Safety
297Act of 2006 and any other federal standards applicable to such
298verification or required to be met as a condition for the
299receipt of federal funds by the state. The Department of
300Corrections shall verify the addresses of sexual predators who
301are not incarcerated but who reside in the community under the
302supervision of the Department of Corrections and shall report to
303the department any failure by a sexual predator to comply with
304registration requirements. County and local law enforcement
305agencies, in conjunction with the department, shall verify the
306addresses of sexual predators who are not under the care,
307custody, control, or supervision of the Department of
308Corrections. Local law enforcement agencies shall report to the
309department any failure by a sexual predator to comply with
310registration requirements.
311     (a)  A sexual predator must report in person each year
312during the month of the sexual predator's birthday and during
313every third month thereafter to the sheriff's office in the
314county in which he or she resides or is otherwise located to
315reregister. The sheriff's office may determine the appropriate
316times and days for reporting by the sexual predator, which shall
317be consistent with the reporting requirements of this paragraph.
318Reregistration shall include any changes to the following
319information:
320     1.  Name; social security number; age; race; sex; date of
321birth; height; weight; hair and eye color; address of any
322permanent residence and address of any current temporary
323residence, within the state or out of state, including a rural
324route address and a post office box; if no permanent or
325temporary address, any transient residence within the state;
326address, location or description, and dates of any current or
327known future temporary residence within the state or out of
328state; all any electronic mail addresses address and all
329Internet identifiers any instant message name required to be
330provided pursuant to subparagraph (6)(g)4.; all home telephone
331numbers number and any cellular telephone numbers number; date
332and place of any employment; vehicle make, model, color, and
333license tag number; fingerprints; and photograph. A post office
334box shall not be provided in lieu of a physical residential
335address. The sexual predator must also produce or provide
336information about his or her passport, if he or she has a
337passport, and, if he or she is an alien, must produce or provide
338information about documents establishing his or her immigration
339status.
340     2.  If the sexual predator is enrolled, employed, or
341carrying on a vocation at an institution of higher education in
342this state, the sexual predator shall also provide to the
343department the name, address, and county of each institution,
344including each campus attended, and the sexual predator's
345enrollment or employment status.
346     3.  If the sexual predator's place of residence is a motor
347vehicle, trailer, mobile home, or manufactured home, as defined
348in chapter 320, the sexual predator shall also provide the
349vehicle identification number; the license tag number; the
350registration number; and a description, including color scheme,
351of the motor vehicle, trailer, mobile home, or manufactured
352home. If the sexual predator's place of residence is a vessel,
353live-aboard vessel, or houseboat, as defined in chapter 327, the
354sexual predator shall also provide the hull identification
355number; the manufacturer's serial number; the name of the
356vessel, live-aboard vessel, or houseboat; the registration
357number; and a description, including color scheme, of the
358vessel, live-aboard vessel, or houseboat.
359     (10)  PENALTIES.-
360     (a)  Except as otherwise specifically provided, a sexual
361predator who fails to register; who fails, after registration,
362to maintain, acquire, or renew a driver driver's license or
363identification card; who fails to provide required location
364information, electronic mail address information, Internet
365identifier instant message name information, all home telephone
366numbers number and any cellular telephone numbers number, or
367change-of-name information; who fails to make a required report
368in connection with vacating a permanent residence; who fails to
369reregister as required; who fails to respond to any address
370verification correspondence from the department within 3 weeks
371of the date of the correspondence; or who otherwise fails, by
372act or omission, to comply with the requirements of this
373section, commits a felony of the third degree, punishable as
374provided in s. 775.082, s. 775.083, or s. 775.084.
375     Section 2.  Paragraphs (a) and (g) of subsection (1),
376subsection (2), paragraphs (a) and (d) of subsection (4),
377subsections (7) and (8), and paragraph (c) of subsection (14) of
378section 943.0435, Florida Statutes, are amended to read:
379     943.0435  Sexual offenders required to register with the
380department; penalty.-
381     (1)  As used in this section, the term:
382     (a)1.  "Sexual offender" means a person who meets the
383criteria in sub-subparagraph a., sub-subparagraph b., sub-
384subparagraph c., or sub-subparagraph d., as follows:
385     a.(I)  Has been convicted of committing, or attempting,
386soliciting, or conspiring to commit, any of the criminal
387offenses proscribed in the following statutes in this state or
388similar offenses in another jurisdiction: s. 787.01, s. 787.02,
389or s. 787.025(2)(c), where the victim is a minor and the
390defendant is not the victim's parent or guardian; s. 794.011,
391excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s.
392800.04; s. 825.1025; s. 826.04 where the victim is a minor and
393the defendant is 18 years of age or older; s. 827.071; s.
394847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
395847.0138; s. 847.0145; or s. 985.701(1); or any similar offense
396committed in this state which has been redesignated from a
397former statute number to one of those listed in this sub-sub-
398subparagraph; and
399     (II)  Has been released on or after October 1, 1997, from
400the sanction imposed for any conviction of an offense described
401in sub-sub-subparagraph (I). For purposes of sub-sub-
402subparagraph (I), a sanction imposed in this state or in any
403other jurisdiction includes, but is not limited to, a fine,
404probation, community control, parole, conditional release,
405control release, or incarceration in a state prison, federal
406prison, private correctional facility, or local detention
407facility;
408     b.  Establishes or maintains a residence in this state and
409who has not been designated as a sexual predator by a court of
410this state but who has been designated as a sexual predator, as
411a sexually violent predator, or by another sexual offender
412designation in another state or jurisdiction and was, as a
413result of such designation, subjected to registration or
414community or public notification, or both, or would be if the
415person were a resident of that state or jurisdiction, without
416regard to whether the person otherwise meets the criteria for
417registration as a sexual offender;
418     c.  Establishes or maintains a residence in this state who
419is in the custody or control of, or under the supervision of,
420any other state or jurisdiction as a result of a conviction for
421committing, or attempting, soliciting, or conspiring to commit,
422any of the criminal offenses proscribed in the following
423statutes or similar offense in another jurisdiction: s. 787.01,
424s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
425the defendant is not the victim's parent or guardian; s.
426794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
427796.035; s. 800.04; s. 825.1025; s. 826.04 where the victim is a
428minor and the defendant is 18 years of age or older; s. 827.071;
429s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137;
430s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar
431offense committed in this state which has been redesignated from
432a former statute number to one of those listed in this sub-
433subparagraph; or
434     d.  On or after July 1, 2007, has been adjudicated
435delinquent for committing, or attempting, soliciting, or
436conspiring to commit, any of the criminal offenses proscribed in
437the following statutes in this state or similar offenses in
438another jurisdiction when the juvenile was 14 years of age or
439older at the time of the offense:
440     (I)  Section 794.011, excluding s. 794.011(10);
441     (II)  Section 800.04(4)(b) where the victim is under 12
442years of age or where the court finds sexual activity by the use
443of force or coercion;
444     (III)  Section 800.04(5)(c)1. where the court finds
445molestation involving unclothed genitals; or
446     (IV)  Section 800.04(5)(d) where the court finds the use of
447force or coercion and unclothed genitals.
448     2.  For all qualifying offenses listed in sub-subparagraph
449(1)(a)1.d., the court shall make a written finding of the age of
450the offender at the time of the offense.
451
452For each violation of a qualifying offense listed in this
453subsection, the court shall make a written finding of the age of
454the victim at the time of the offense. For a violation of s.
455800.04(4), the court shall additionally make a written finding
456indicating that the offense did or did not involve sexual
457activity and indicating that the offense did or did not involve
458force or coercion. For a violation of s. 800.04(5), the court
459shall additionally make a written finding that the offense did
460or did not involve unclothed genitals or genital area and that
461the offense did or did not involve the use of force or coercion.
462     (g)  "Internet identifier Instant message name" has the
463same meaning as provided in s. 775.21 means an identifier that
464allows a person to communicate in real time with another person
465using the Internet.
466     (2)  A sexual offender shall:
467     (a)  Report in person at the sheriff's office:
468     1.  In the county in which the offender establishes or
469maintains a permanent, temporary, or transient residence within
47048 hours after:
471     a.  Establishing permanent, temporary, or transient
472residence in this state; or
473     b.  Being released from the custody, control, or
474supervision of the Department of Corrections or from the custody
475of a private correctional facility; or
476     2.  In the county where he or she was convicted within 48
477hours after being convicted for a qualifying offense for
478registration under this section if the offender is not in the
479custody or control of, or under the supervision of, the
480Department of Corrections, or is not in the custody of a private
481correctional facility.
482
483Any change in the information required to be provided pursuant
484to paragraph (b), including, but not limited to, any change in
485the sexual offender's permanent, temporary, or transient
486residence, name, all any electronic mail addresses address and
487all Internet identifiers any instant message name required to be
488provided pursuant to paragraph (4)(d), after the sexual offender
489reports in person at the sheriff's office, shall be accomplished
490in the manner provided in subsections (4), (7), and (8).
491     (b)  Provide his or her name; date of birth; social
492security number; race; sex; height; weight; hair and eye color;
493tattoos or other identifying marks; occupation and place of
494employment; address of permanent or legal residence or address
495of any current temporary residence, within the state or out of
496state, including a rural route address and a post office box; if
497no permanent or temporary address, any transient residence
498within the state, address, location or description, and dates of
499any current or known future temporary residence within the state
500or out of state; all home telephone numbers number and any
501cellular telephone numbers number; all any electronic mail
502addresses address and all Internet identifiers any instant
503message name required to be provided pursuant to paragraph
504(4)(d); date and place of each conviction; and a brief
505description of the crime or crimes committed by the offender. A
506post office box shall not be provided in lieu of a physical
507residential address. The sexual offender must also produce or
508provide information about his or her passport, if he or she has
509a passport, and, if he or she is an alien, must produce or
510provide information about documents establishing his or her
511immigration status.
512     1.  If the sexual offender's place of residence is a motor
513vehicle, trailer, mobile home, or manufactured home, as defined
514in chapter 320, the sexual offender shall also provide to the
515department through the sheriff's office written notice of the
516vehicle identification number; the license tag number; the
517registration number; and a description, including color scheme,
518of the motor vehicle, trailer, mobile home, or manufactured
519home. If the sexual offender's place of residence is a vessel,
520live-aboard vessel, or houseboat, as defined in chapter 327, the
521sexual offender shall also provide to the department written
522notice of the hull identification number; the manufacturer's
523serial number; the name of the vessel, live-aboard vessel, or
524houseboat; the registration number; and a description, including
525color scheme, of the vessel, live-aboard vessel, or houseboat.
526     2.  If the sexual offender is enrolled, employed, or
527carrying on a vocation at an institution of higher education in
528this state, the sexual offender shall also provide to the
529department through the sheriff's office the name, address, and
530county of each institution, including each campus attended, and
531the sexual offender's enrollment or employment status. Each
532change in enrollment or employment status shall be reported in
533person at the sheriff's office, within 48 hours after any change
534in status. The sheriff shall promptly notify each institution of
535the sexual offender's presence and any change in the sexual
536offender's enrollment or employment status.
537
538When a sexual offender reports at the sheriff's office, the
539sheriff shall take a photograph and a set of fingerprints of the
540offender and forward the photographs and fingerprints to the
541department, along with the information provided by the sexual
542offender. The sheriff shall promptly provide to the department
543the information received from the sexual offender.
544     (4)(a)  Each time a sexual offender's driver driver's
545license or identification card is subject to renewal, and,
546without regard to the status of the offender's driver driver's
547license or identification card, within 48 hours after any change
548in the offender's permanent, temporary, or transient residence
549or change in the offender's name by reason of marriage or other
550legal process, the offender shall report in person to a driver
551driver's license office, and shall be subject to the
552requirements specified in subsection (3). The Department of
553Highway Safety and Motor Vehicles shall forward to the
554department all photographs and information provided by sexual
555offenders. Notwithstanding the restrictions set forth in s.
556322.142, the Department of Highway Safety and Motor Vehicles is
557authorized to release a reproduction of a color-photograph or
558digital-image license to the Department of Law Enforcement for
559purposes of public notification of sexual offenders as provided
560in this section and ss. 943.043 and 944.606. A sexual offender
561who is unable to secure or update a driver license or
562identification card with the Department of Highway Safety and
563Motor Vehicles as provided in subsection (3) and this subsection
564must also report any change in the sexual offender's permanent,
565temporary, or transient residence or change in the offender's
566name by reason of marriage or other legal process within 48
567hours after the change to the sheriff's office in the county
568where the offender resides or is located and provide
569confirmation that he or she reported such information to
570Department of Highway Safety and Motor Vehicles.
571     (d)  A sexual offender must register all any electronic
572mail addresses and Internet identifiers address or instant
573message name with the department prior to using such electronic
574mail addresses and Internet identifiers address or instant
575message name on or after October 1, 2007. The department shall
576establish an online system through which sexual offenders may
577securely access and update all electronic mail address and
578Internet identifier instant message name information.
579     (7)  A sexual offender who intends to establish a
580permanent, temporary, or transient residence in another state or
581jurisdiction other than the State of Florida shall report in
582person to the sheriff of the county of current residence within
58348 hours before the date he or she intends to leave this state
584to establish residence in another state or jurisdiction or
585within 21 days before his or her planned departure date if the
586intended residence of 7 days or more is outside of the United
587States. The notification must include the address, municipality,
588county, and state, and country of intended residence. The
589sheriff shall promptly provide to the department the information
590received from the sexual offender. The department shall notify
591the statewide law enforcement agency, or a comparable agency, in
592the intended state, or jurisdiction, or country of residence of
593the sexual offender's intended residence. The failure of a
594sexual offender to provide his or her intended place of
595residence is punishable as provided in subsection (9).
596     (8)  A sexual offender who indicates his or her intent to
597establish a permanent, temporary, or transient residence in
598another state, a or jurisdiction other than the State of
599Florida, or another country and later decides to remain in this
600state shall, within 48 hours after the date upon which the
601sexual offender indicated he or she would leave this state,
602report in person to the sheriff to which the sexual offender
603reported the intended change of permanent, temporary, or
604transient residence, and report his or her intent to remain in
605this state. The sheriff shall promptly report this information
606to the department. A sexual offender who reports his or her
607intent to establish a permanent, temporary, or transient
608residence in another state, a or jurisdiction other than the
609State of Florida, or another country but who remains in this
610state without reporting to the sheriff in the manner required by
611this subsection commits a felony of the second degree,
612punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
613     (14)
614     (c)  The sheriff's office may determine the appropriate
615times and days for reporting by the sexual offender, which shall
616be consistent with the reporting requirements of this
617subsection. Reregistration shall include any changes to the
618following information:
619     1.  Name; social security number; age; race; sex; date of
620birth; height; weight; hair and eye color; address of any
621permanent residence and address of any current temporary
622residence, within the state or out of state, including a rural
623route address and a post office box; if no permanent or
624temporary address, any transient residence within the state;
625address, location or description, and dates of any current or
626known future temporary residence within the state or out of
627state; all any electronic mail addresses address and all
628Internet identifiers any instant message name required to be
629provided pursuant to paragraph (4)(d); all home telephone
630numbers number and all any cellular telephone numbers number;
631date and place of any employment; vehicle make, model, color,
632and license tag number; fingerprints; and photograph. A post
633office box shall not be provided in lieu of a physical
634residential address. The sexual offender must also produce or
635provide information about his or her passport, if he or she has
636a passport, and, if he or she is an alien, must produce or
637provide information about documents establishing his or her
638immigration status.
639     2.  If the sexual offender is enrolled, employed, or
640carrying on a vocation at an institution of higher education in
641this state, the sexual offender shall also provide to the
642department the name, address, and county of each institution,
643including each campus attended, and the sexual offender's
644enrollment or employment status.
645     3.  If the sexual offender's place of residence is a motor
646vehicle, trailer, mobile home, or manufactured home, as defined
647in chapter 320, the sexual offender shall also provide the
648vehicle identification number; the license tag number; the
649registration number; and a description, including color scheme,
650of the motor vehicle, trailer, mobile home, or manufactured
651home. If the sexual offender's place of residence is a vessel,
652live-aboard vessel, or houseboat, as defined in chapter 327, the
653sexual offender shall also provide the hull identification
654number; the manufacturer's serial number; the name of the
655vessel, live-aboard vessel, or houseboat; the registration
656number; and a description, including color scheme, of the
657vessel, live-aboard vessel or houseboat.
658     4.  Any sexual offender who fails to report in person as
659required at the sheriff's office, or who fails to respond to any
660address verification correspondence from the department within 3
661weeks of the date of the correspondence or who fails to report
662all electronic mail addresses and all Internet identifiers or
663instant message names, commits a felony of the third degree,
664punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
665     Section 3.  Section 943.04351, Florida Statutes, is amended
666to read:
667     943.04351  Search of registration information regarding
668sexual predators and sexual offenders required prior to
669appointment or employment.-A state agency or governmental
670subdivision, prior to making any decision to appoint or employ a
671person to work, whether for compensation or as a volunteer, at
672any park, playground, day care center, or other place where
673children regularly congregate, must conduct a search of that
674person's name or other identifying information against the
675registration information regarding sexual predators and sexual
676offenders maintained by the Department of Law Enforcement under
677s. 943.043. The agency or governmental subdivision may conduct
678the search using the Internet site maintained by the Department
679of Law Enforcement. Also, a national search must be conducted
680through the Dru Sjodin National Sex Offender Public Website
681maintained by the United States Department of Justice. This
682section does not apply to those positions or appointments within
683a state agency or governmental subdivision for which a state and
684national criminal history background check is conducted.
685     Section 4.  Section 943.04354, Florida Statutes, is amended
686to read:
687     943.04354  Removal of the requirement to register as a
688sexual offender or sexual predator in special circumstances.-
689     (1)  For purposes of this section, a person shall be
690considered for removal of the requirement to register as a
691sexual offender or sexual predator only if the person:
692     (a)  Was or will be convicted or adjudicated delinquent of
693a violation of s. 794.011, s. 800.04, s. 827.071, or s.
694847.0135(5) or the person committed a violation of s. 794.011,
695s. 800.04, s. 827.071, or s. 847.0135(5) for which adjudication
696of guilt was or will be withheld, and the person does not have
697any other conviction, adjudication of delinquency, or withhold
698of adjudication of guilt for a violation of s. 794.011, s.
699800.04, s. 827.071, or s. 847.0135(5);
700     (b)  Is required to register as a sexual offender or sexual
701predator solely on the basis of this violation; and
702     (c)  Is not more than 4 years older than the victim of this
703violation who was 13 14 years of age or older but not more than
70418 17 years of age at the time the person committed this
705violation.
706     (2)  If a person meets the criteria in subsection (1) and
707the violation of s. 794.011, s. 800.04, s. 827.071, or s.
708847.0135(5) was committed on or after July 1, 2007, the person
709may move the court that will sentence or dispose of this
710violation to remove the requirement that the person register as
711a sexual offender or sexual predator. The person must allege in
712the motion that he or she meets the criteria in subsection (1)
713and that removal of the registration requirement will not
714conflict with federal law. The state attorney must be given
715notice of the motion at least 21 days before the date of
716sentencing or disposition of this violation and may present
717evidence in opposition to the requested relief or may otherwise
718demonstrate why the motion should be denied. At sentencing or
719disposition of this violation, the court shall rule on this
720motion and, if the court determines the person meets the
721criteria in subsection (1) and the removal of the registration
722requirement will not conflict with federal law, it may grant the
723motion and order the removal of the registration requirement. If
724the court denies the motion, the person is not authorized under
725this section to petition for removal of the registration
726requirement.
727     (3)(a)  This subsection applies to a person who:
728     1.  Is not a person described in subsection (2) because the
729violation of s. 794.011, s. 800.04, or s. 827.071 was not
730committed on or after July 1, 2007;
731     1.2.  Is subject to registration as a sexual offender or
732sexual predator for a violation of s. 794.011, s. 800.04, or s.
733827.071; and
734     2.3.  Meets the criteria in subsection (1).
735     (b)  A person may petition the court in which the sentence
736or disposition for the violation of s. 794.011, s. 800.04, or s.
737827.071 occurred for removal of the requirement to register as a
738sexual offender or sexual predator. The person must allege in
739the petition that he or she meets the criteria in subsection (1)
740and removal of the registration requirement will not conflict
741with federal law. The state attorney must be given notice of the
742petition at least 21 days before the hearing on the petition and
743may present evidence in opposition to the requested relief or
744may otherwise demonstrate why the petition should be denied. The
745court shall rule on the petition and, if the court determines
746the person meets the criteria in subsection (1) and removal of
747the registration requirement will not conflict with federal law,
748it may grant the petition and order the removal of the
749registration requirement. If the court denies the petition, the
750person is not authorized under this section to file any further
751petition for removal of the registration requirement.
752     (4)  If a person provides to the Department of Law
753Enforcement a certified copy of the court's order removing the
754requirement that the person register as a sexual offender or
755sexual predator for the violation of s. 794.011, s. 800.04, s.
756827.071, or s. 847.0135(5), the registration requirement will
757not apply to the person and the department shall remove all
758information about the person from the public registry of sexual
759offenders and sexual predators maintained by the department.
760However, the removal of this information from the public
761registry does not mean that the public is denied access to
762information about the person's criminal history or record that
763is otherwise available as a public record.
764     Section 5.  Subsection (2) and paragraph (a) of subsection
765(3) of section 943.0437, Florida Statutes, are amended to read:
766     943.0437  Commercial social networking websites.-
767     (2)  The department may provide information relating to
768electronic mail addresses and Internet identifiers instant
769message names maintained as part of the sexual offender registry
770to commercial social networking websites or third parties
771designated by commercial social networking websites. The
772commercial social networking website may use this information
773for the purpose of comparing registered users and screening
774potential users of the commercial social networking website
775against the list of electronic mail addresses and Internet
776identifiers instant message names provided by the department.
777     (3)  This section shall not be construed to impose any
778civil liability on a commercial social networking website for:
779     (a)  Any action voluntarily taken in good faith to remove
780or disable any profile of a registered user associated with an
781electronic mail address or Internet identifier instant message
782name contained in the sexual offender registry.
783     Section 6.  Paragraphs (b) and (d) of subsection (1) and
784paragraph (a) of subsection (3) of section 944.606, Florida
785Statutes, are amended to read:
786     944.606  Sexual offenders; notification upon release.-
787     (1)  As used in this section:
788     (b)  "Sexual offender" means a person who has been
789convicted of committing, or attempting, soliciting, or
790conspiring to commit, any of the criminal offenses proscribed in
791the following statutes in this state or similar offenses in
792another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
793where the victim is a minor and the defendant is not the
794victim's parent or guardian; s. 794.011, excluding s.
795794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
796825.1025; s. 826.04 where the victim is a minor and the
797defendant is 18 years of age or older; s. 827.071; s. 847.0133;
798s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
799s. 847.0145; or s. 985.701(1); or any similar offense committed
800in this state which has been redesignated from a former statute
801number to one of those listed in this subsection, when the
802department has received verified information regarding such
803conviction; an offender's computerized criminal history record
804is not, in and of itself, verified information.
805     (d)  "Internet identifier Instant message name" has the
806same meaning as provided in s. 775.21 means an identifier that
807allows a person to communicate in real time with another person
808using the Internet.
809     (3)(a)  The department must provide information regarding
810any sexual offender who is being released after serving a period
811of incarceration for any offense, as follows:
812     1.  The department must provide: the sexual offender's
813name, any change in the offender's name by reason of marriage or
814other legal process, and any alias, if known; the correctional
815facility from which the sexual offender is released; the sexual
816offender's social security number, race, sex, date of birth,
817height, weight, and hair and eye color; address of any planned
818permanent residence or temporary residence, within the state or
819out of state, including a rural route address and a post office
820box; if no permanent or temporary address, any transient
821residence within the state; address, location or description,
822and dates of any known future temporary residence within the
823state or out of state; date and county of sentence and each
824crime for which the offender was sentenced; a copy of the
825offender's fingerprints and a digitized photograph taken within
82660 days before release; the date of release of the sexual
827offender; all any electronic mail addresses address and all
828Internet identifiers any instant message name required to be
829provided pursuant to s. 943.0435(4)(d); all and home telephone
830numbers number and any cellular telephone numbers; and passport
831information, if he or she has a passport, and, if he or she is
832an alien, information about documents establishing his or her
833immigration status number. The department shall notify the
834Department of Law Enforcement if the sexual offender escapes,
835absconds, or dies. If the sexual offender is in the custody of a
836private correctional facility, the facility shall take the
837digitized photograph of the sexual offender within 60 days
838before the sexual offender's release and provide this photograph
839to the Department of Corrections and also place it in the sexual
840offender's file. If the sexual offender is in the custody of a
841local jail, the custodian of the local jail shall register the
842offender within 3 business days after intake of the offender for
843any reason and upon release, and shall notify the Department of
844Law Enforcement of the sexual offender's release and provide to
845the Department of Law Enforcement the information specified in
846this paragraph and any information specified in subparagraph 2.
847that the Department of Law Enforcement requests.
848     2.  The department may provide any other information deemed
849necessary, including criminal and corrections records,
850nonprivileged personnel and treatment records, when available.
851     Section 7.  Paragraphs (a) and (f) of subsection (1),
852paragraph (a) of subsection (4), paragraph (b) of subsection
853(6), and paragraph (c) of subsection (13) of section 944.607,
854Florida Statutes, are amended to read:
855     944.607  Notification to Department of Law Enforcement of
856information on sexual offenders.-
857     (1)  As used in this section, the term:
858     (a)  "Sexual offender" means a person who is in the custody
859or control of, or under the supervision of, the department or is
860in the custody of a private correctional facility:
861     1.  On or after October 1, 1997, as a result of a
862conviction for committing, or attempting, soliciting, or
863conspiring to commit, any of the criminal offenses proscribed in
864the following statutes in this state or similar offenses in
865another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c),
866where the victim is a minor and the defendant is not the
867victim's parent or guardian; s. 794.011, excluding s.
868794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
869825.1025; s. 826.04 where the victim is a minor and the
870defendant is 18 years of age or older; s. 827.071; s. 847.0133;
871s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
872s. 847.0145; or s. 985.701(1); or any similar offense committed
873in this state which has been redesignated from a former statute
874number to one of those listed in this paragraph; or
875     2.  Who establishes or maintains a residence in this state
876and who has not been designated as a sexual predator by a court
877of this state but who has been designated as a sexual predator,
878as a sexually violent predator, or by another sexual offender
879designation in another state or jurisdiction and was, as a
880result of such designation, subjected to registration or
881community or public notification, or both, or would be if the
882person were a resident of that state or jurisdiction, without
883regard as to whether the person otherwise meets the criteria for
884registration as a sexual offender.
885     (f)  "Internet identifier Instant message name" has the
886same meaning as provided in s. 775.21 means an identifier that
887allows a person to communicate in real time with another person
888using the Internet.
889     (4)  A sexual offender, as described in this section, who
890is under the supervision of the Department of Corrections but is
891not incarcerated must register with the Department of
892Corrections within 3 business days after sentencing for a
893registrable offense and otherwise provide information as
894required by this subsection.
895     (a)  The sexual offender shall provide his or her name;
896date of birth; social security number; race; sex; height;
897weight; hair and eye color; tattoos or other identifying marks;
898all any electronic mail addresses address and all Internet
899identifiers any instant message name required to be provided
900pursuant to s. 943.0435(4)(d); permanent or legal residence and
901address of temporary residence within the state or out of state
902while the sexual offender is under supervision in this state,
903including any rural route address or post office box; if no
904permanent or temporary address, any transient residence within
905the state; and address, location or description, and dates of
906any current or known future temporary residence within the state
907or out of state. The sexual offender must also produce or
908provide information about his or her passport, if he or she has
909a passport, and, if he or she is an alien, must produce or
910provide information about documents establishing his or her
911immigration status. The Department of Corrections shall verify
912the address of each sexual offender in the manner described in
913ss. 775.21 and 943.0435. The department shall report to the
914Department of Law Enforcement any failure by a sexual predator
915or sexual offender to comply with registration requirements.
916     (6)  The information provided to the Department of Law
917Enforcement must include:
918     (b)  The sexual offender's most current address, place of
919permanent, temporary, or transient residence within the state or
920out of state, and address, location or description, and dates of
921any current or known future temporary residence within the state
922or out of state, while the sexual offender is under supervision
923in this state, including the name of the county or municipality
924in which the offender permanently or temporarily resides, or has
925a transient residence, and address, location or description, and
926dates of any current or known future temporary residence within
927the state or out of state, and, if known, the intended place of
928permanent, temporary, or transient residence, and address,
929location or description, and dates of any current or known
930future temporary residence within the state or out of state upon
931satisfaction of all sanctions. The sexual offender must also
932produce or provide information about his or her passport, if he
933or she has a passport, and, if he or she is an alien, must
934produce or provide information about documents establishing his
935or her immigration status;
936
937If any information provided by the department changes during the
938time the sexual offender is under the department's control,
939custody, or supervision, including any change in the offender's
940name by reason of marriage or other legal process, the
941department shall, in a timely manner, update the information and
942provide it to the Department of Law Enforcement in the manner
943prescribed in subsection (2).
944     (13)
945     (c)  The sheriff's office may determine the appropriate
946times and days for reporting by the sexual offender, which shall
947be consistent with the reporting requirements of this
948subsection. Reregistration shall include any changes to the
949following information:
950     1.  Name; social security number; age; race; sex; date of
951birth; height; weight; hair and eye color; address of any
952permanent residence and address of any current temporary
953residence, within the state or out of state, including a rural
954route address and a post office box; if no permanent or
955temporary address, any transient residence; address, location or
956description, and dates of any current or known future temporary
957residence within the state or out of state; all any electronic
958mail addresses address and all Internet identifiers any instant
959message name required to be provided pursuant to s.
960943.0435(4)(d); date and place of any employment; vehicle make,
961model, color, and license tag number; fingerprints; and
962photograph. A post office box shall not be provided in lieu of a
963physical residential address. The sexual offender must also
964produce or provide information about his or her passport, if he
965or she has a passport, and, if he or she is an alien, must
966produce or provide information about documents establishing his
967or her immigration status.
968     2.  If the sexual offender is enrolled, employed, or
969carrying on a vocation at an institution of higher education in
970this state, the sexual offender shall also provide to the
971department the name, address, and county of each institution,
972including each campus attended, and the sexual offender's
973enrollment or employment status.
974     3.  If the sexual offender's place of residence is a motor
975vehicle, trailer, mobile home, or manufactured home, as defined
976in chapter 320, the sexual offender shall also provide the
977vehicle identification number; the license tag number; the
978registration number; and a description, including color scheme,
979of the motor vehicle, trailer, mobile home, or manufactured
980home. If the sexual offender's place of residence is a vessel,
981live-aboard vessel, or houseboat, as defined in chapter 327, the
982sexual offender shall also provide the hull identification
983number; the manufacturer's serial number; the name of the
984vessel, live-aboard vessel, or houseboat; the registration
985number; and a description, including color scheme, of the
986vessel, live-aboard vessel or houseboat.
987     4.  Any sexual offender who fails to report in person as
988required at the sheriff's office, or who fails to respond to any
989address verification correspondence from the department within 3
990weeks of the date of the correspondence, or who fails to report
991all electronic mail addresses and all Internet identifiers or
992instant message names, commits a felony of the third degree,
993punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
994     Section 8.  Subsection (11) of section 947.005, Florida
995Statutes, is amended to read:
996     947.005  Definitions.-As used in this chapter, unless the
997context clearly indicates otherwise:
998     (11)  "Risk assessment" means an assessment completed by a
999an independent qualified practitioner to evaluate the level of
1000risk associated when a sex offender has contact with a child.
1001     Section 9.  Subsection (13) is added to section 947.1405,
1002Florida Statutes, to read:
1003     947.1405  Conditional release program.-
1004     (13)  In addition to all other conditions imposed, for a
1005releasee who is subject to conditional release for a crime that
1006was committed on or after July 1, 2012, and who has been
1007convicted at any time of a violation of s. 800.04(7)(b) or s.
1008847.0135, or a similar offense in another jurisdiction, the
1009commission must order electronic monitoring for the duration of
1010the releasee's supervision.
1011     Section 10.  Subsection (3) of section 948.30, Florida
1012Statutes, is amended, and subsection (5) is added to that
1013section, to read:
1014     948.30  Additional terms and conditions of probation or
1015community control for certain sex offenses.-Conditions imposed
1016pursuant to this section do not require oral pronouncement at
1017the time of sentencing and shall be considered standard
1018conditions of probation or community control for offenders
1019specified in this section.
1020     (3)  Effective for a probationer or community controllee
1021whose crime was committed on or after September 1, 2005, and
1022who:
1023     (a)  Is placed on probation or community control for a
1024violation of chapter 794, s. 800.04(4), (5), or (6), s. 827.071,
1025or s. 847.0145 and the unlawful sexual activity involved a
1026victim 15 years of age or younger and the offender is 18 years
1027of age or older;
1028     (b)  Is designated a sexual predator pursuant to s. 775.21
1029or a similar designation in another jurisdiction; or
1030     (c)  Has previously been convicted of a violation of
1031chapter 794, s. 800.04(4), (5), or (6), s. 827.071, or s.
1032847.0145 or a similar offense in another jurisdiction and the
1033unlawful sexual activity involved a victim 15 years of age or
1034younger and the offender is 18 years of age or older,
1035
1036the court must order, in addition to any other provision of this
1037section, mandatory electronic monitoring as a condition of the
1038probation or community control supervision.
1039     (5)  Effective for a probationer or community controllee
1040whose crime was committed on or after July 1, 2012, and who:
1041     (a)1.  Is placed on probation or community control for a
1042violation of s. 800.04(7)(b) or s. 847.0135; or
1043     2.  Has previously been convicted of a violation of s.
1044800.04(7)(b) or s. 847.0135, or a similar offense in another
1045jurisdiction,
1046
1047the court must order, in addition to any other requirements of
1048this section, mandatory electronic monitoring as a condition of
1049the probation or community control supervision.
1050     (b)  Is placed on probation or community control for a
1051violation of s. 847.0135(3) or (4), the court shall subject the
1052probationer or community controllee to the requirements of
1053subsections (1) and (2).
1054     Section 11.  Section 948.31, Florida Statutes, is amended
1055to read:
1056     948.31  Evaluation and treatment of sexual predators and
1057offenders on probation or community control.-Conditions imposed
1058pursuant to this section do not require oral pronouncement at
1059the time of sentencing and shall be considered standard
1060conditions of probation or community control for offenders
1061specified in this section.
1062     (1)  The court shall require an evaluation by a qualified
1063practitioner to determine the need of a probationer or community
1064controllee for treatment. If the court determines that a need
1065therefor is established by the evaluation process, the court
1066shall require sexual offender treatment as a term or condition
1067of probation or community control for any person who is required
1068to register as a sexual predator under s. 775.21 or sexual
1069offender under s. 943.0435, s. 944.606, or s. 944.607 to
1070determine the need of the probationer or community controllee
1071for sex offender treatment while on probation or community
1072control. The evaluation and recommendations for any treatment of
1073the probationer or community controllee shall be provided to the
1074court for review. Such treatment shall be required to be
1075obtained from a qualified practitioner as defined in s. 948.001.
1076     (2)  If the court determines that a need for treatment is
1077established by the evaluation process, the treatment must be
1078obtained from a qualified practitioner. The community controllee
1079or probationer must actively participate in and successfully
1080complete any recommended treatment. The court shall also require
1081the community controllee or probationer to comply with the
1082treatment program rules, which can include, but are not limited
1083to, a safety plan and polygraph examinations for treatment
1084purposes.
1085     (3)  The court may, when it is recommended by a qualified
1086practitioner or the supervising probation officer, also restrict
1087the probationer or community controllee from having unsupervised
1088contact with a minor or prohibit him or her from residing with a
1089minor.
1090     (4)  Treatment may not be administered by a qualified
1091practitioner who has been convicted or adjudicated delinquent of
1092committing, or attempting, soliciting, or conspiring to commit,
1093any offense that is listed in s. 943.0435(1)(a)1.a.(I). The
1094court shall impose a restriction against contact with minors if
1095sexual offender treatment is recommended. The evaluation and
1096recommendations for treatment of the probationer or community
1097controllee shall be provided to the court for review.
1098     Section 12.  Paragraph (a) of subsection (3) of section
1099985.481, Florida Statutes, is amended to read:
1100     985.481  Sexual offenders adjudicated delinquent;
1101notification upon release.-
1102     (3)(a)  The department must provide information regarding
1103any sexual offender who is being released after serving a period
1104of residential commitment under the department for any offense,
1105as follows:
1106     1.  The department must provide the sexual offender's name,
1107any change in the offender's name by reason of marriage or other
1108legal process, and any alias, if known; the correctional
1109facility from which the sexual offender is released; the sexual
1110offender's social security number, race, sex, date of birth,
1111height, weight, and hair and eye color; address of any planned
1112permanent residence or temporary residence, within the state or
1113out of state, including a rural route address and a post office
1114box; if no permanent or temporary address, any transient
1115residence within the state; address, location or description,
1116and dates of any known future temporary residence within the
1117state or out of state; date and county of disposition and each
1118crime for which there was a disposition; a copy of the
1119offender's fingerprints and a digitized photograph taken within
112060 days before release; the date of release of the sexual
1121offender; all and home telephone numbers number and any cellular
1122telephone numbers; and passport information, if he or she has a
1123passport, and, if he or she is an alien, information about
1124documents establishing his or her immigration status number. The
1125department shall notify the Department of Law Enforcement if the
1126sexual offender escapes, absconds, or dies. If the sexual
1127offender is in the custody of a private correctional facility,
1128the facility shall take the digitized photograph of the sexual
1129offender within 60 days before the sexual offender's release and
1130also place it in the sexual offender's file. If the sexual
1131offender is in the custody of a local jail, the custodian of the
1132local jail shall register the offender within 3 business days
1133after intake of the offender for any reason and upon release,
1134and shall notify the Department of Law Enforcement of the sexual
1135offender's release and provide to the Department of Law
1136Enforcement the information specified in this subparagraph and
1137any information specified in subparagraph 2. which the
1138Department of Law Enforcement requests.
1139     2.  The department may provide any other information
1140considered necessary, including criminal and delinquency
1141records, when available.
1142     Section 13.  Paragraph (a) of subsection (4), paragraph (a)
1143of subsection (6), and paragraph (b) of subsection (13) of
1144section 985.4815, Florida Statutes, are amended to read:
1145     985.4815  Notification to Department of Law Enforcement of
1146information on juvenile sexual offenders.-
1147     (4)  A sexual offender, as described in this section, who
1148is under the supervision of the department but who is not
1149committed must register with the department within 3 business
1150days after adjudication and disposition for a registrable
1151offense and otherwise provide information as required by this
1152subsection.
1153     (a)  The sexual offender shall provide his or her name;
1154date of birth; social security number; race; sex; height;
1155weight; hair and eye color; tattoos or other identifying marks;
1156permanent or legal residence and address of temporary residence
1157within the state or out of state while the sexual offender is in
1158the care or custody or under the jurisdiction or supervision of
1159the department in this state, including any rural route address
1160or post office box; if no permanent or temporary address, any
1161transient residence; address, location or description, and dates
1162of any current or known future temporary residence within the
1163state or out of state; passport information, if he or she has a
1164passport, and, if he or she is an alien, information about
1165documents establishing his or her immigration status; and the
1166name and address of each school attended. The department shall
1167verify the address of each sexual offender and shall report to
1168the Department of Law Enforcement any failure by a sexual
1169offender to comply with registration requirements.
1170     (6)(a)  The information provided to the Department of Law
1171Enforcement must include the following:
1172     1.  The information obtained from the sexual offender under
1173subsection (4).
1174     2.  The sexual offender's most current address and place of
1175permanent, temporary, or transient residence within the state or
1176out of state, and address, location or description, and dates of
1177any current or known future temporary residence within the state
1178or out of state, while the sexual offender is in the care or
1179custody or under the jurisdiction or supervision of the
1180department in this state, including the name of the county or
1181municipality in which the offender permanently or temporarily
1182resides, or has a transient residence, and address, location or
1183description, and dates of any current or known future temporary
1184residence within the state or out of state; and, if known, the
1185intended place of permanent, temporary, or transient residence,
1186and address, location or description, and dates of any current
1187or known future temporary residence within the state or out of
1188state upon satisfaction of all sanctions. The sexual offender
1189must also produce or provide information about his or her
1190passport, if he or she has a passport, and, if he or she is an
1191alien, must produce or provide information about documents
1192establishing his or her immigration status.
1193     3.  The legal status of the sexual offender and the
1194scheduled termination date of that legal status.
1195     4.  The location of, and local telephone number for, any
1196department office that is responsible for supervising the sexual
1197offender.
1198     5.  An indication of whether the victim of the offense that
1199resulted in the offender's status as a sexual offender was a
1200minor.
1201     6.  The offense or offenses at adjudication and disposition
1202that resulted in the determination of the offender's status as a
1203sex offender.
1204     7.  A digitized photograph of the sexual offender, which
1205must have been taken within 60 days before the offender was
1206released from the custody of the department or a private
1207correctional facility by expiration of sentence under s.
1208944.275, or within 60 days after the onset of the department's
1209supervision of any sexual offender who is on probation,
1210postcommitment probation, residential commitment, nonresidential
1211commitment, licensed child-caring commitment, community control,
1212conditional release, parole, provisional release, or control
1213release or who is supervised by the department under the
1214Interstate Compact Agreement for Probationers and Parolees. If
1215the sexual offender is in the custody of a private correctional
1216facility, the facility shall take a digitized photograph of the
1217sexual offender within the time period provided in this
1218subparagraph and shall provide the photograph to the department.
1219     (13)
1220     (b)  The sheriff's office may determine the appropriate
1221times and days for reporting by the sexual offender, which shall
1222be consistent with the reporting requirements of this
1223subsection. Reregistration shall include any changes to the
1224following information:
1225     1.  Name; social security number; age; race; sex; date of
1226birth; height; weight; hair and eye color; address of any
1227permanent residence and address of any current temporary
1228residence, within the state or out of state, including a rural
1229route address and a post office box; if no permanent or
1230temporary address, any transient residence; address, location or
1231description, and dates of any current or known future temporary
1232residence within the state or out of state; passport
1233information, if he or she has a passport, and, if he or she is
1234an alien, information about documents establishing his or her
1235immigration status; name and address of each school attended;
1236date and place of any employment; vehicle make, model, color,
1237and license tag number; fingerprints; and photograph. A post
1238office box shall not be provided in lieu of a physical
1239residential address.
1240     2.  If the sexual offender is enrolled, employed, or
1241carrying on a vocation at an institution of higher education in
1242this state, the sexual offender shall also provide to the
1243department the name, address, and county of each institution,
1244including each campus attended, and the sexual offender's
1245enrollment or employment status.
1246     3.  If the sexual offender's place of residence is a motor
1247vehicle, trailer, mobile home, or manufactured home, as defined
1248in chapter 320, the sexual offender shall also provide the
1249vehicle identification number; the license tag number; the
1250registration number; and a description, including color scheme,
1251of the motor vehicle, trailer, mobile home, or manufactured
1252home. If the sexual offender's place of residence is a vessel,
1253live-aboard vessel, or houseboat, as defined in chapter 327, the
1254sexual offender shall also provide the hull identification
1255number; the manufacturer's serial number; the name of the
1256vessel, live-aboard vessel, or houseboat; the registration
1257number; and a description, including color scheme, of the
1258vessel, live-aboard vessel, or houseboat.
1259     4.  Any sexual offender who fails to report in person as
1260required at the sheriff's office, or who fails to respond to any
1261address verification correspondence from the department within 3
1262weeks after the date of the correspondence, commits a felony of
1263the third degree, punishable as provided in ss. 775.082,
1264775.083, and 775.084.
1265     Section 14.  Effective July 1, 2012, paragraphs (m) and (n)
1266are added to subsection (2) of section 903.046, Florida
1267Statutes, to read:
1268     903.046  Purpose of and criteria for bail determination.-
1269     (2)  When determining whether to release a defendant on
1270bail or other conditions, and what that bail or those conditions
1271may be, the court shall consider:
1272     (m)  Whether the defendant, other than a defendant whose
1273only criminal charge is a misdemeanor offense under chapter 316,
1274is required to register as a sexual offender under s. 943.0435;
1275and, if so, he or she is not eligible for release on bail or
1276surety bond until the first appearance on the case in order to
1277ensure the full participation of the prosecutor and the
1278protection of the public.
1279     (n)  Whether the defendant, other than a defendant whose
1280only criminal charge is a misdemeanor offense under chapter 316,
1281is required to register as a sexual predator under s. 775.21;
1282and, if so, he or she is not eligible for release on bail or
1283surety bond until the first appearance on the case in order to
1284ensure the full participation of the prosecutor and the
1285protection of the public.
1286     Section 15.  Subsection (1) of section 948.012, Florida
1287Statutes, is amended to read:
1288     948.012  Split sentence of probation or community control
1289and imprisonment.-
1290     (1)  Whenever punishment by imprisonment for a misdemeanor
1291or a felony, except for a capital felony, is prescribed, the
1292court, in its discretion, may, at the time of sentencing, impose
1293a split sentence whereby the defendant is to be placed on
1294probation or, with respect to any such felony, into community
1295control upon completion of any specified period of such sentence
1296which may include a term of years or less. In such case, the
1297court shall stay and withhold the imposition of the remainder of
1298sentence imposed upon the defendant and direct that the
1299defendant be placed upon probation or into community control
1300after serving such period as may be imposed by the court. The
1301period of probation or community control shall commence
1302immediately upon the release of the defendant from
1303incarceration, whether by parole or gain-time allowances.
1304     Section 16.  Section 948.039, Florida Statutes, is amended
1305to read:
1306     948.039  Special terms and conditions of probation or
1307community control imposed by court order.-The court may
1308determine any special terms and conditions of probation or
1309community control. The terms and conditions should be reasonably
1310related to the circumstances of the offense committed and
1311appropriate for the offender. The court shall impose the special
1312terms and conditions by oral pronouncement at sentencing and
1313include the terms and conditions in the written sentencing
1314order. The probation or community control period shall commence
1315immediately upon the release of the offender from incarceration.
1316Special terms and conditions may include, but are not limited
1317to, requirements that the offender:
1318     (1)  Attend an HIV/AIDS awareness program consisting of a
1319class of not less than 2 hours or more than 4 hours in length,
1320if such a program is available in the county of the offender's
1321residence. The offender shall pay the cost of attending the
1322program.
1323     (2)  Pay not more than $1 per month during the term of
1324probation or community control to a nonprofit organization
1325established for the sole purpose of supplementing the
1326rehabilitative efforts of the Department of Corrections.
1327     Section 17.  If any provision of this act or its
1328application to any person or circumstance is held invalid, the
1329invalidity does not affect other provisions or applications of
1330this act which can be given effect without the invalid provision
1331or application, and to this end the provisions of this act are
1332declared severable.
1333     Section 18.  Except as otherwise expressly provided in this
1334act and except for this section, which shall take effect upon
1335this act becoming a law, this act shall take effect April 30,
13362013.


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