HB 731

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

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