Florida Senate - 2013 SB 1114

By Senator Altman

16-00688-13 20131114__
1 A bill to be entitled
2 An act relating to sex offenses; amending s. 775.21,
3 F.S.; replacing the definition of the term “instant
4 message name” with the definition of the term
5 “Internet identifier”; providing that voluntary
6 disclosure of specified information waives a
7 disclosure exemption for such information; conforming
8 provisions; adding additional offenses to the list of
9 sexual predator qualifying offenses; requiring
10 disclosure of additional information during the sexual
11 predator registration process; requiring that a sexual
12 predator who is unable to secure or update a driver
13 license or identification card within a specified
14 period must report specified information to the local
15 sheriff’s office within a specified period after such
16 change with confirmation that he or she also reported
17 such information to the Department of Highway Safety
18 and Motor Vehicles; revising reporting requirements if
19 a sexual predator plans to leave the United States for
20 more than a specified period; providing criminal
21 penalties for knowingly providing false registration
22 information by act or omission; amending s. 800.03,
23 F.S.; providing enhanced penalties for third or
24 subsequent indecent exposure violations; amending s.
25 903.046, F.S.; requiring a court considering whether
26 to release a defendant on bail to determine whether
27 the defendant is subject to registration as a sexual
28 offender or sexual predator and, if so, to hold the
29 defendant without bail until the first appearance on
30 the case; providing an exception; amending s.
31 943.0435, F.S.; adding additional offenses to the list
32 of sexual offender qualifying offenses; replacing the
33 definition of the term “instant message name” with the
34 definition of the term “Internet identifier”;
35 conforming provisions; requiring disclosure of
36 additional sexual offender registration information;
37 requiring that a sexual offender who is unable to
38 secure or update a driver license or identification
39 card within a specified period must report specified
40 information to the local sheriff’s office within a
41 specified period of such change with confirmation that
42 he or she also reported such information to the
43 Department of Highway Safety and Motor Vehicles;
44 providing additional requirements for sexual offenders
45 intending to reside outside of the United States;
46 revising criteria applicable to provisions allowing
47 removal from the requirement to register as a sexual
48 offender; providing criminal penalties for knowingly
49 providing false registration information by act or
50 omission; amending s. 943.04351, F.S.; requiring a
51 specified national search of registration information
52 regarding sexual predators and sexual offenders prior
53 to appointment or employment of persons by state
54 agencies and governmental subdivisions; amending s.
55 943.04354, F.S.; revising the criteria applicable to
56 provisions allowing removal of the requirement to
57 register as a sexual offender or sexual predator;
58 amending s. 943.0437, F.S.; replacing the term
59 “instant message name” with the term “Internet
60 identifier”; amending ss. 944.606 and 944.607, F.S.;
61 adding additional offenses to the list of sexual
62 offender qualifying offenses; replacing the definition
63 of the term “instant message name” with the definition
64 of the term “Internet identifier”; conforming
65 provisions; requiring disclosure of additional
66 registration information; providing criminal penalties
67 for knowingly providing false registration information
68 by act or omission; amending s. 947.005, F.S.;
69 revising the definition of the term “risk assessment”;
70 amending s. 948.31, F.S.; authorizing the court to
71 require sexual offenders and sexual predators who are
72 on probation or community control to undergo an
73 evaluation to determine whether the offender or
74 predator needs sexual offender treatment; requiring
75 the probationer or community controllee to pay for the
76 treatment; removing a provision prohibiting contact
77 with minors if sexual offender treatment is
78 recommended; amending ss. 985.481 and 985.4815, F.S.;
79 requiring disclosure of additional registration
80 information by certain sexual offenders adjudicated
81 delinquent and certain juvenile sexual offenders;
82 providing criminal penalties for knowingly providing
83 false registration information by act or omission;
84 amending s. 921.0022, F.S.; conforming cross
85 references; providing an effective date.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Paragraph (i) of subsection (2), paragraph (a)
90 of subsection (4), subsections (6) and (8), and paragraph (a) of
91 subsection (10) of section 775.21, Florida Statutes, are amended
92 to read:
93 775.21 The Florida Sexual Predators Act.—
94 (2) DEFINITIONS.—As used in this section, the term:
95 (i) “Internet identifier Instant message name” means all
96 electronic mail, chat, instant messenger, social networking, or
97 similar name used for Internet communication, but does not
98 include a date of birth, social security number, or personal
99 identification number (PIN). Voluntary disclosure by the sexual
100 predator of his or her date of birth, social security number, or
101 personal identification number (PIN) as an Internet identifier
102 waives the disclosure exemption in this paragraph for such
103 personal information an identifier that allows a person to
104 communicate in real time with another person using the Internet.
105 (4) SEXUAL PREDATOR CRITERIA.—
106 (a) For a current offense committed on or after October 1,
107 1993, upon conviction, an offender shall be designated as a
108 “sexual predator” under subsection (5), and subject to
109 registration under subsection (6) and community and public
110 notification under subsection (7) if:
111 1. The felony is:
112 a. A capital, life, or first-degree felony violation, or
113 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
114 is a minor and the defendant is not the victim’s parent or
115 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
116 violation of a similar law of another jurisdiction; or
117 b. Any felony violation, or any attempt thereof, of s.
118 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
119 787.025(2)(c), where the victim is a minor and the defendant is
120 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
121 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
122 796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025
123 825.1025(2)(b); s. 827.071; s. 847.0135(5); s. 847.0145; s.
124 916.1075(2); or s. 985.701(1); or a violation of a similar law
125 of another jurisdiction, and the offender has previously been
126 convicted of or found to have committed, or has pled nolo
127 contendere or guilty to, regardless of adjudication, any
128 violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
129 787.02, or s. 787.025(2)(c), where the victim is a minor and the
130 defendant is not the victim’s parent or guardian; s.
131 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
132 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
133 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
134 847.0135(6); s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a
135 violation of a similar law of another jurisdiction;
136 2. The offender has not received a pardon for any felony or
137 similar law of another jurisdiction that is necessary for the
138 operation of this paragraph; and
139 3. A conviction of a felony or similar law of another
140 jurisdiction necessary to the operation of this paragraph has
141 not been set aside in any postconviction proceeding.
142 (6) REGISTRATION.—
143 (a) A sexual predator must register with the department
144 through the sheriff’s office by providing the following
145 information to the department:
146 1. Name; social security number; age; race; sex; date of
147 birth; height; weight; tattoos or other identifying marks; hair
148 and eye color; photograph; address of legal residence and
149 address of any current temporary residence, within the state or
150 out of state, including a rural route address and a post office
151 box; if no permanent or temporary address, any transient
152 residence within the state; address, location or description,
153 and dates of any current or known future temporary residence
154 within the state or out of state; all any electronic mail
155 addresses address and all Internet identifiers any instant
156 message name required to be provided pursuant to subparagraph
157 (g)4.; all home telephone numbers number and any cellular
158 telephone numbers number; date and place of any employment; the
159 make, model, color, registration number, and license tag number
160 of all vehicles owned; date and place of each conviction;
161 fingerprints; palm prints; and a brief description of the crime
162 or crimes committed by the offender. A post office box shall not
163 be provided in lieu of a physical residential address. The
164 sexual predator must also produce his or her passport, if he or
165 she has a passport, and, if he or she is an alien, must produce
166 or provide information about documents establishing his or her
167 immigration status. The sexual predator must also provide
168 information about any professional licenses he or she may have.
169 a. If the sexual predator’s place of residence is a motor
170 vehicle, trailer, mobile home, or manufactured home, as defined
171 in chapter 320, the sexual predator shall also provide to the
172 department written notice of the vehicle identification number;
173 the license tag number; the registration number; and a
174 description, including color scheme, of the motor vehicle,
175 trailer, mobile home, or manufactured home. If a sexual
176 predator’s place of residence is a vessel, live-aboard vessel,
177 or houseboat, as defined in chapter 327, the sexual predator
178 shall also provide to the department written notice of the hull
179 identification number; the manufacturer’s serial number; the
180 name of the vessel, live-aboard vessel, or houseboat; the
181 registration number; and a description, including color scheme,
182 of the vessel, live-aboard vessel, or houseboat.
183 b. If the sexual predator is enrolled, employed,
184 volunteering, or carrying on a vocation at an institution of
185 higher education in this state, the sexual predator shall also
186 provide to the department the name, address, and county of each
187 institution, including each campus attended, and the sexual
188 predator’s enrollment, volunteer, or employment status. Each
189 change in enrollment, volunteer, or employment status shall be
190 reported in person at the sheriff’s office, or the Department of
191 Corrections if the sexual predator is in the custody or control
192 of or under the supervision of the Department of Corrections,
193 within 48 hours after any change in status. The sheriff or the
194 Department of Corrections shall promptly notify each institution
195 of the sexual predator’s presence and any change in the sexual
196 predator’s enrollment, volunteer, or employment status.
197 2. Any other information determined necessary by the
198 department, including criminal and corrections records;
199 nonprivileged personnel and treatment records; and evidentiary
200 genetic markers when available.
201 (b) If the sexual predator is in the custody or control of,
202 or under the supervision of, the Department of Corrections, or
203 is in the custody of a private correctional facility, the sexual
204 predator must register with the Department of Corrections. A
205 sexual predator who is under the supervision of the Department
206 of Corrections but who is not incarcerated must register with
207 the Department of Corrections within 3 business days after the
208 court finds the offender to be a sexual predator. The Department
209 of Corrections shall provide to the department registration
210 information and the location of, and local telephone number for,
211 any Department of Corrections office that is responsible for
212 supervising the sexual predator. In addition, the Department of
213 Corrections shall notify the department if the sexual predator
214 escapes or absconds from custody or supervision or if the sexual
215 predator dies.
216 (c) If the sexual predator is in the custody of a local
217 jail, the custodian of the local jail shall register the sexual
218 predator within 3 business days after intake of the sexual
219 predator for any reason and upon release, and shall forward the
220 registration information to the department. The custodian of the
221 local jail shall also take a digitized photograph of the sexual
222 predator while the sexual predator remains in custody and shall
223 provide the digitized photograph to the department. The
224 custodian shall notify the department if the sexual predator
225 escapes from custody or dies.
226 (d) If the sexual predator is under federal supervision,
227 the federal agency responsible for supervising the sexual
228 predator may forward to the department any information regarding
229 the sexual predator which is consistent with the information
230 provided by the Department of Corrections under this section,
231 and may indicate whether use of the information is restricted to
232 law enforcement purposes only or may be used by the department
233 for purposes of public notification.
234 (e)1. If the sexual predator is not in the custody or
235 control of, or under the supervision of, the Department of
236 Corrections or is not in the custody of a private correctional
237 facility, the sexual predator shall register in person:
238 a. At the sheriff’s office in the county where he or she
239 establishes or maintains a residence within 48 hours after
240 establishing or maintaining a residence in this state; and
241 b. At the sheriff’s office in the county where he or she
242 was designated a sexual predator by the court within 48 hours
243 after such finding is made.
244 2. Any change in the sexual predator’s permanent or
245 temporary residence, name, or any electronic mail addresses, or
246 Internet identifiers address and any instant message name
247 required to be provided pursuant to subparagraph (g)4., after
248 the sexual predator registers in person at the sheriff’s office
249 as provided in subparagraph 1., shall be accomplished in the
250 manner provided in paragraphs (g), (i), and (j). When a sexual
251 predator registers with the sheriff’s office, the sheriff shall
252 take a photograph, and a set of fingerprints, and palm prints of
253 the predator and forward the photographs, palm prints, and
254 fingerprints to the department, along with the information that
255 the predator is required to provide pursuant to this section.
256 (f) Within 48 hours after the registration required under
257 paragraph (a) or paragraph (e), a sexual predator who is not
258 incarcerated and who resides in the community, including a
259 sexual predator under the supervision of the Department of
260 Corrections, shall register in person at a driver driver’s
261 license office of the Department of Highway Safety and Motor
262 Vehicles and shall present proof of registration. At the driver
263 driver’s license office the sexual predator shall:
264 1. If otherwise qualified, secure a Florida driver driver’s
265 license, renew a Florida driver driver’s license, or secure an
266 identification card. The sexual predator shall identify himself
267 or herself as a sexual predator who is required to comply with
268 this section, provide his or her place of permanent, temporary,
269 or transient residence, including a rural route address and a
270 post office box, and submit to the taking of a photograph for
271 use in issuing a driver driver’s license, renewed license, or
272 identification card, and for use by the department in
273 maintaining current records of sexual predators. A post office
274 box shall not be provided in lieu of a physical residential
275 address. If the sexual predator’s place of residence is a motor
276 vehicle, trailer, mobile home, or manufactured home, as defined
277 in chapter 320, the sexual predator shall also provide to the
278 Department of Highway Safety and Motor Vehicles the vehicle
279 identification number; the license tag number; the registration
280 number; and a description, including color scheme, of the motor
281 vehicle, trailer, mobile home, or manufactured home. If a sexual
282 predator’s place of residence is a vessel, live-aboard vessel,
283 or houseboat, as defined in chapter 327, the sexual predator
284 shall also provide to the Department of Highway Safety and Motor
285 Vehicles the hull identification number; the manufacturer’s
286 serial number; the name of the vessel, live-aboard vessel, or
287 houseboat; the registration number; and a description, including
288 color scheme, of the vessel, live-aboard vessel, or houseboat.
289 2. Pay the costs assessed by the Department of Highway
290 Safety and Motor Vehicles for issuing or renewing a driver
291 driver’s license or identification card as required by this
292 section. The driver driver’s license or identification card
293 issued to the sexual predator must be in compliance with s.
294 322.141(3).
295 3. Provide, upon request, any additional information
296 necessary to confirm the identity of the sexual predator,
297 including a set of fingerprints.
298 (g)1. Each time a sexual predator’s driver driver’s license
299 or identification card is subject to renewal, and, without
300 regard to the status of the predator’s driver driver’s license
301 or identification card, within 48 hours after any change of the
302 predator’s residence or change in the predator’s name by reason
303 of marriage or other legal process, the predator shall report in
304 person to a driver driver’s license office and shall be subject
305 to the requirements specified in paragraph (f). The Department
306 of Highway Safety and Motor Vehicles shall forward to the
307 department and to the Department of Corrections all photographs
308 and information provided by sexual predators. Notwithstanding
309 the restrictions set forth in s. 322.142, the Department of
310 Highway Safety and Motor Vehicles is authorized to release a
311 reproduction of a color-photograph or digital-image license to
312 the Department of Law Enforcement for purposes of public
313 notification of sexual predators as provided in this section. A
314 sexual predator who is unable to secure or update a driver
315 license or identification card with the Department of Highway
316 Safety and Motor Vehicles as provided in paragraph (f) and this
317 paragraph must also report any change of the predator’s
318 residence or change in the predator’s name by reason of marriage
319 or other legal process within 48 hours after the change to the
320 sheriff’s office in the county where the predator resides or is
321 located and provide confirmation that he or she reported such
322 information to the Department of Highway Safety and Motor
323 Vehicles.
324 2. A sexual predator who vacates a permanent, temporary, or
325 transient residence and fails to establish or maintain another
326 permanent, temporary, or transient residence shall, within 48
327 hours after vacating the permanent, temporary, or transient
328 residence, report in person to the sheriff’s office of the
329 county in which he or she is located. The sexual predator shall
330 specify the date upon which he or she intends to or did vacate
331 such residence. The sexual predator must provide or update all
332 of the registration information required under paragraph (a).
333 The sexual predator must provide an address for the residence or
334 other place that he or she is or will be located during the time
335 in which he or she fails to establish or maintain a permanent or
336 temporary residence.
337 3. A sexual predator who remains at a permanent, temporary,
338 or transient residence after reporting his or her intent to
339 vacate such residence shall, within 48 hours after the date upon
340 which the predator indicated he or she would or did vacate such
341 residence, report in person to the sheriff’s office to which he
342 or she reported pursuant to subparagraph 2. for the purpose of
343 reporting his or her address at such residence. When the sheriff
344 receives the report, the sheriff shall promptly convey the
345 information to the department. An offender who makes a report as
346 required under subparagraph 2. but fails to make a report as
347 required under this subparagraph commits a felony of the second
348 degree, punishable as provided in s. 775.082, s. 775.083, or s.
349 775.084.
350 4. A sexual predator must register all any electronic mail
351 addresses and Internet identifiers address or instant message
352 name with the department prior to using such electronic mail
353 addresses and Internet identifiers address or instant message
354 name on or after October 1, 2007. The department shall establish
355 an online system through which sexual predators may securely
356 access and update all electronic mail address and Internet
357 identifier instant message name information.
358 (h) The department must notify the sheriff and the state
359 attorney of the county and, if applicable, the police chief of
360 the municipality, where the sexual predator maintains a
361 residence.
362 (i) A sexual predator who intends to establish a permanent,
363 temporary, or transient residence in another state or
364 jurisdiction other than the State of Florida shall report in
365 person to the sheriff of the county of current residence within
366 48 hours before the date he or she intends to leave this state
367 to establish residence in another state or jurisdiction or
368 within 21 days before his or her planned departure date if the
369 intended residence of 5 days or more is outside of the United
370 States. The sexual predator must provide to the sheriff the
371 address, municipality, county, and state, and country of
372 intended residence. The sheriff shall promptly provide to the
373 department the information received from the sexual predator.
374 The department shall notify the statewide law enforcement
375 agency, or a comparable agency, in the intended state, or
376 jurisdiction, or country of residence of the sexual predator’s
377 intended residence. The failure of a sexual predator to provide
378 his or her intended place of residence is punishable as provided
379 in subsection (10).
380 (j) A sexual predator who indicates his or her intent to
381 establish a permanent, temporary, or transient residence in
382 another state, a or jurisdiction other than the State of
383 Florida, or another country and later decides to remain in this
384 state shall, within 48 hours after the date upon which the
385 sexual predator indicated he or she would leave this state,
386 report in person to the sheriff to which the sexual predator
387 reported the intended change of residence, and report his or her
388 intent to remain in this state. If the sheriff is notified by
389 the sexual predator that he or she intends to remain in this
390 state, the sheriff shall promptly report this information to the
391 department. A sexual predator who reports his or her intent to
392 establish a permanent, temporary, or transient residence in
393 another state, a or jurisdiction other than the State of
394 Florida, or another country, but who remains in this state
395 without reporting to the sheriff in the manner required by this
396 paragraph, commits a felony of the second degree, punishable as
397 provided in s. 775.082, s. 775.083, or s. 775.084.
398 (k)1. The department is responsible for the online
399 maintenance of current information regarding each registered
400 sexual predator. The department must maintain hotline access for
401 state, local, and federal law enforcement agencies to obtain
402 instantaneous locator file and offender characteristics
403 information on all released registered sexual predators for
404 purposes of monitoring, tracking, and prosecution. The
405 photograph and fingerprints do not have to be stored in a
406 computerized format.
407 2. The department’s sexual predator registration list,
408 containing the information described in subparagraph (a)1., is a
409 public record. The department is authorized to disseminate this
410 public information by any means deemed appropriate, including
411 operating a toll-free telephone number for this purpose. When
412 the department provides information regarding a registered
413 sexual predator to the public, department personnel must advise
414 the person making the inquiry that positive identification of a
415 person believed to be a sexual predator cannot be established
416 unless a fingerprint comparison is made, and that it is illegal
417 to use public information regarding a registered sexual predator
418 to facilitate the commission of a crime.
419 3. The department shall adopt guidelines as necessary
420 regarding the registration of sexual predators and the
421 dissemination of information regarding sexual predators as
422 required by this section.
423 (l) A sexual predator must maintain registration with the
424 department for the duration of his or her life, unless the
425 sexual predator has received a full pardon or has had a
426 conviction set aside in a postconviction proceeding for any
427 offense that met the criteria for the sexual predator
428 designation.
429 (8) VERIFICATION.—The department and the Department of
430 Corrections shall implement a system for verifying the addresses
431 of sexual predators. The system must be consistent with the
432 provisions of the federal Adam Walsh Child Protection and Safety
433 Act of 2006 and any other federal standards applicable to such
434 verification or required to be met as a condition for the
435 receipt of federal funds by the state. The Department of
436 Corrections shall verify the addresses of sexual predators who
437 are not incarcerated but who reside in the community under the
438 supervision of the Department of Corrections and shall report to
439 the department any failure by a sexual predator to comply with
440 registration requirements. County and local law enforcement
441 agencies, in conjunction with the department, shall verify the
442 addresses of sexual predators who are not under the care,
443 custody, control, or supervision of the Department of
444 Corrections. Local law enforcement agencies shall report to the
445 department any failure by a sexual predator to comply with
446 registration requirements.
447 (a) A sexual predator must report in person each year
448 during the month of the sexual predator’s birthday and during
449 every third month thereafter to the sheriff’s office in the
450 county in which he or she resides or is otherwise located to
451 reregister. The sheriff’s office may determine the appropriate
452 times and days for reporting by the sexual predator, which shall
453 be consistent with the reporting requirements of this paragraph.
454 Reregistration shall include any changes to the following
455 information:
456 1. Name; social security number; age; race; sex; date of
457 birth; height; weight; tattoos or other identifying marks; hair
458 and eye color; address of any permanent residence and address of
459 any current temporary residence, within the state or out of
460 state, including a rural route address and a post office box; if
461 no permanent or temporary address, any transient residence
462 within the state; address, location or description, and dates of
463 any current or known future temporary residence within the state
464 or out of state; any electronic mail addresses or Internet
465 identifiers address and any instant message name required to be
466 provided pursuant to subparagraph (6)(g)4.; home telephone
467 numbers or number and any cellular telephone numbers number;
468 date and place of any employment; the vehicle make, model,
469 color, registration number, and license tag number of any
470 vehicles owned; fingerprints; palm prints; and photograph. A
471 post office box shall not be provided in lieu of a physical
472 residential address. The sexual predator must also produce his
473 or her passport, if he or she has a passport, and, if he or she
474 is an alien, must produce or provide information about documents
475 establishing his or her immigration status. The sexual predator
476 must also provide information about any professional licenses he
477 or she may have.
478 2. If the sexual predator is enrolled, employed,
479 volunteering, or carrying on a vocation at an institution of
480 higher education in this state, the sexual predator shall also
481 provide to the department the name, address, and county of each
482 institution, including each campus attended, and the sexual
483 predator’s enrollment, volunteer, or employment status.
484 3. If the sexual predator’s place of residence is a motor
485 vehicle, trailer, mobile home, or manufactured home, as defined
486 in chapter 320, the sexual predator shall also provide the
487 vehicle identification number; the license tag number; the
488 registration number; and a description, including color scheme,
489 of the motor vehicle, trailer, mobile home, or manufactured
490 home. If the sexual predator’s place of residence is a vessel,
491 live-aboard vessel, or houseboat, as defined in chapter 327, the
492 sexual predator shall also provide the hull identification
493 number; the manufacturer’s serial number; the name of the
494 vessel, live-aboard vessel, or houseboat; the registration
495 number; and a description, including color scheme, of the
496 vessel, live-aboard vessel, or houseboat.
497 (b) The sheriff’s office shall, within 2 working days,
498 electronically submit and update all information provided by the
499 sexual predator to the department in a manner prescribed by the
500 department.
501 (10) PENALTIES.—
502 (a) Except as otherwise specifically provided, a sexual
503 predator who fails to register; who fails, after registration,
504 to maintain, acquire, or renew a driver driver’s license or
505 identification card; who fails to provide required location
506 information, electronic mail address information prior to use,
507 Internet identifier instant message name information prior to
508 use, all home telephone numbers number and any cellular
509 telephone numbers number, or change-of-name information; who
510 fails to make a required report in connection with vacating a
511 permanent residence; who fails to reregister as required; who
512 fails to respond to any address verification correspondence from
513 the department within 3 weeks of the date of the correspondence;
514 who knowingly provides false registration information by act or
515 omission; or who otherwise fails, by act or omission, to comply
516 with the requirements of this section, commits a felony of the
517 third degree, punishable as provided in s. 775.082, s. 775.083,
518 or s. 775.084.
519 Section 2. Section 800.03, Florida Statutes, is amended to
520 read:
521 800.03 Exposure of sexual organs.—
522 (1) It is unlawful to expose or exhibit one’s sexual organs
523 in public or on the private premises of another, or so near
524 thereto as to be seen from such private premises, in a vulgar or
525 indecent manner, or to be naked in public except in any place
526 provided or set apart for that purpose.
527 (2)(a) Except as provided in paragraph (b), a violation of
528 this section is a misdemeanor of the first degree, punishable as
529 provided in s. 775.082 or s. 775.083.
530 (b) A third or subsequent violation of this section is a
531 felony of the third degree, punishable as provided in s.
532 775.082, s. 775.083, or s. 775.084.
533 (3) A mother’s breastfeeding of her baby does not under any
534 circumstance violate this section.
535 Section 3. Paragraph (m) is added to subsection (2) of
536 section 903.046, Florida Statutes, to read:
537 903.046 Purpose of and criteria for bail determination.—
538 (2) When determining whether to release a defendant on bail
539 or other conditions, and what that bail or those conditions may
540 be, the court shall consider:
541 (m) Whether the defendant, other than a defendant whose
542 only criminal charge is a misdemeanor offense under chapter 316,
543 is required to register as a sexual offender under s. 943.0435
544 or a sexual predator under s. 775.21; and, if so, he or she is
545 not eligible for release on bail or surety bond until the first
546 appearance on the case in order to ensure the full participation
547 of the prosecutor and the protection of the public.
548 Section 4. Paragraphs (a) and (g) of subsection (1),
549 subsection (2), paragraphs (a) and (d) of subsection (4),
550 subsections (7), (8), and (11), and paragraph (c) of subsection
551 (14) of section 943.0435, Florida Statutes, are amended to read:
552 943.0435 Sexual offenders required to register with the
553 department; penalty.—
554 (1) As used in this section, the term:
555 (a)1. “Sexual offender” means a person who meets the
556 criteria in sub-subparagraph a., sub-subparagraph b., sub
557 subparagraph c., or sub-subparagraph d., as follows:
558 a.(I) Has been convicted of committing, or attempting,
559 soliciting, or conspiring to commit, any of the criminal
560 offenses proscribed in the following statutes in this state or
561 similar offenses in another jurisdiction: s. 393.135(2); s.
562 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
563 the victim is a minor and the defendant is not the victim’s
564 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
565 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
566 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
567 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
568 847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any
569 similar offense committed in this state which has been
570 redesignated from a former statute number to one of those listed
571 in this sub-sub-subparagraph; and
572 (II) Has been released on or after October 1, 1997, from
573 the sanction imposed for any conviction of an offense described
574 in sub-sub-subparagraph (I). For purposes of sub-sub
575 subparagraph (I), a sanction imposed in this state or in any
576 other jurisdiction includes, but is not limited to, a fine,
577 probation, community control, parole, conditional release,
578 control release, or incarceration in a state prison, federal
579 prison, private correctional facility, or local detention
580 facility;
581 b. Establishes or maintains a residence in this state and
582 who has not been designated as a sexual predator by a court of
583 this state but who has been designated as a sexual predator, as
584 a sexually violent predator, or by another sexual offender
585 designation in another state or jurisdiction and was, as a
586 result of such designation, subjected to registration or
587 community or public notification, or both, or would be if the
588 person were a resident of that state or jurisdiction, without
589 regard to whether the person otherwise meets the criteria for
590 registration as a sexual offender;
591 c. Establishes or maintains a residence in this state who
592 is in the custody or control of, or under the supervision of,
593 any other state or jurisdiction as a result of a conviction for
594 committing, or attempting, soliciting, or conspiring to commit,
595 any of the criminal offenses proscribed in the following
596 statutes or similar offense in another jurisdiction: s.
597 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
598 787.025(2)(c), where the victim is a minor and the defendant is
599 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
600 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
601 796.03; s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
602 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
603 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
604 985.701(1); or any similar offense committed in this state which
605 has been redesignated from a former statute number to one of
606 those listed in this sub-subparagraph; or
607 d. On or after July 1, 2007, has been adjudicated
608 delinquent for committing, or attempting, soliciting, or
609 conspiring to commit, any of the criminal offenses proscribed in
610 the following statutes in this state or similar offenses in
611 another jurisdiction when the juvenile was 14 years of age or
612 older at the time of the offense:
613 (I) Section 794.011, excluding s. 794.011(10);
614 (II) Section 800.04(4)(b) where the victim is under 12
615 years of age or where the court finds sexual activity by the use
616 of force or coercion;
617 (III) Section 800.04(5)(c)1. where the court finds
618 molestation involving unclothed genitals; or
619 (IV) Section 800.04(5)(d) where the court finds the use of
620 force or coercion and unclothed genitals.
621 2. For all qualifying offenses listed in sub-subparagraph
622 (1)(a)1.d., the court shall make a written finding of the age of
623 the offender at the time of the offense.
624
625 For each violation of a qualifying offense listed in this
626 subsection, except for a violation of s. 794.011, the court
627 shall make a written finding of the age of the victim at the
628 time of the offense. For a violation of s. 800.04(4), the court
629 shall additionally make a written finding indicating that the
630 offense did or did not involve sexual activity and indicating
631 that the offense did or did not involve force or coercion. For a
632 violation of s. 800.04(5), the court shall additionally make a
633 written finding that the offense did or did not involve
634 unclothed genitals or genital area and that the offense did or
635 did not involve the use of force or coercion.
636 (g) “Internet identifier Instant message name” has the same
637 meaning as provided in s. 775.21 means an identifier that allows
638 a person to communicate in real time with another person using
639 the Internet.
640 (2) A sexual offender shall:
641 (a) Report in person at the sheriff’s office:
642 1. In the county in which the offender establishes or
643 maintains a permanent, temporary, or transient residence within
644 48 hours after:
645 a. Establishing permanent, temporary, or transient
646 residence in this state; or
647 b. Being released from the custody, control, or supervision
648 of the Department of Corrections or from the custody of a
649 private correctional facility; or
650 2. In the county where he or she was convicted within 48
651 hours after being convicted for a qualifying offense for
652 registration under this section if the offender is not in the
653 custody or control of, or under the supervision of, the
654 Department of Corrections, or is not in the custody of a private
655 correctional facility.
656
657 Any change in the information required to be provided pursuant
658 to paragraph (b), including, but not limited to, any change in
659 the sexual offender’s permanent, temporary, or transient
660 residence, name, any electronic mail addresses, or Internet
661 identifiers address and any instant message name required to be
662 provided pursuant to paragraph (4)(d), after the sexual offender
663 reports in person at the sheriff’s office, shall be accomplished
664 in the manner provided in subsections (4), (7), and (8).
665 (b) Provide his or her name; date of birth; social security
666 number; race; sex; height; weight; hair and eye color; tattoos
667 or other identifying marks; occupation and place of employment;
668 address of permanent or legal residence or address of any
669 current temporary residence, within the state or out of state,
670 including a rural route address and a post office box; if no
671 permanent or temporary address, any transient residence within
672 the state, address, location or description, and dates of any
673 current or known future temporary residence within the state or
674 out of state; the make, model, color, registration number, and
675 license tag number of all vehicles owned; all home telephone
676 numbers number and any cellular telephone numbers number; all
677 any electronic mail addresses address and all Internet
678 identifiers any instant message name required to be provided
679 pursuant to paragraph (4)(d); fingerprints; palm prints;
680 photograph; date and place of each conviction; and a brief
681 description of the crime or crimes committed by the offender. A
682 post office box shall not be provided in lieu of a physical
683 residential address. The sexual offender must also produce his
684 or her passport, if he or she has a passport, and, if he or she
685 is an alien, must produce or provide information about documents
686 establishing his or her immigration status. The sexual offender
687 must also provide information about any professional licenses he
688 or she may have.
689 1. If the sexual offender’s place of residence is a motor
690 vehicle, trailer, mobile home, or manufactured home, as defined
691 in chapter 320, the sexual offender shall also provide to the
692 department through the sheriff’s office written notice of the
693 vehicle identification number; the license tag number; the
694 registration number; and a description, including color scheme,
695 of the motor vehicle, trailer, mobile home, or manufactured
696 home. If the sexual offender’s place of residence is a vessel,
697 live-aboard vessel, or houseboat, as defined in chapter 327, the
698 sexual offender shall also provide to the department written
699 notice of the hull identification number; the manufacturer’s
700 serial number; the name of the vessel, live-aboard vessel, or
701 houseboat; the registration number; and a description, including
702 color scheme, of the vessel, live-aboard vessel, or houseboat.
703 2. If the sexual offender is enrolled, employed,
704 volunteering, or carrying on a vocation at an institution of
705 higher education in this state, the sexual offender shall also
706 provide to the department through the sheriff’s office the name,
707 address, and county of each institution, including each campus
708 attended, and the sexual offender’s enrollment, volunteer, or
709 employment status. Each change in enrollment, volunteer, or
710 employment status shall be reported in person at the sheriff’s
711 office, within 48 hours after any change in status. The sheriff
712 shall promptly notify each institution of the sexual offender’s
713 presence and any change in the sexual offender’s enrollment,
714 volunteer, or employment status.
715 (c) Provide any other information determined necessary by
716 the department, including criminal and corrections records;
717 nonprivileged personnel and treatment records; and evidentiary
718 genetic markers, when available.
719
720 When a sexual offender reports at the sheriff’s office, the
721 sheriff shall take a photograph, and a set of fingerprints, and
722 palm prints of the offender and forward the photographs, palm
723 prints, and fingerprints to the department, along with the
724 information provided by the sexual offender. The sheriff shall
725 promptly provide to the department the information received from
726 the sexual offender.
727 (4)(a) Each time a sexual offender’s driver driver’s
728 license or identification card is subject to renewal, and,
729 without regard to the status of the offender’s driver driver’s
730 license or identification card, within 48 hours after any change
731 in the offender’s permanent, temporary, or transient residence
732 or change in the offender’s name by reason of marriage or other
733 legal process, the offender shall report in person to a driver
734 driver’s license office, and shall be subject to the
735 requirements specified in subsection (3). The Department of
736 Highway Safety and Motor Vehicles shall forward to the
737 department all photographs and information provided by sexual
738 offenders. Notwithstanding the restrictions set forth in s.
739 322.142, the Department of Highway Safety and Motor Vehicles is
740 authorized to release a reproduction of a color-photograph or
741 digital-image license to the Department of Law Enforcement for
742 purposes of public notification of sexual offenders as provided
743 in this section and ss. 943.043 and 944.606. A sexual offender
744 who is unable to secure or update a driver license or
745 identification card with the Department of Highway Safety and
746 Motor Vehicles as provided in subsection (3) and this subsection
747 must also report any change in the sexual offender’s permanent,
748 temporary, or transient residence or change in the offender’s
749 name by reason of marriage or other legal process within 48
750 hours after the change to the sheriff’s office in the county
751 where the offender resides or is located and provide
752 confirmation that he or she reported such information to the
753 Department of Highway Safety and Motor Vehicles.
754 (d) A sexual offender must register all any electronic mail
755 addresses and Internet identifiers address or instant message
756 name with the department prior to using such electronic mail
757 addresses and Internet identifiers address or instant message
758 name on or after October 1, 2007. The department shall establish
759 an online system through which sexual offenders may securely
760 access and update all electronic mail address and Internet
761 identifier instant message name information.
762 (7) A sexual offender who intends to establish a permanent,
763 temporary, or transient residence in another state or
764 jurisdiction other than the State of Florida shall report in
765 person to the sheriff of the county of current residence within
766 48 hours before the date he or she intends to leave this state
767 to establish residence in another state or jurisdiction or
768 within 21 days before his or her planned departure date if the
769 intended residence of 5 days or more is outside of the United
770 States. The notification must include the address, municipality,
771 county, and state, and country of intended residence. The
772 sheriff shall promptly provide to the department the information
773 received from the sexual offender. The department shall notify
774 the statewide law enforcement agency, or a comparable agency, in
775 the intended state, or jurisdiction, or country of residence of
776 the sexual offender’s intended residence. The failure of a
777 sexual offender to provide his or her intended place of
778 residence is punishable as provided in subsection (9).
779 (8) A sexual offender who indicates his or her intent to
780 establish a permanent, temporary, or transient residence in
781 another state, a or jurisdiction other than the State of
782 Florida, or another country and later decides to remain in this
783 state shall, within 48 hours after the date upon which the
784 sexual offender indicated he or she would leave this state,
785 report in person to the sheriff to which the sexual offender
786 reported the intended change of permanent, temporary, or
787 transient residence, and report his or her intent to remain in
788 this state. The sheriff shall promptly report this information
789 to the department. A sexual offender who reports his or her
790 intent to establish a permanent, temporary, or transient
791 residence in another state, a or jurisdiction other than the
792 State of Florida, or another country but who remains in this
793 state without reporting to the sheriff in the manner required by
794 this subsection commits a felony of the second degree,
795 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
796 (11) Except as provided in this subsection and s.
797 943.04354, a sexual offender must maintain registration with the
798 department for the duration of his or her life, unless the
799 sexual offender has received a full pardon or has had a
800 conviction set aside in a postconviction proceeding for any
801 offense that meets the criteria for classifying the person as a
802 sexual offender for purposes of registration. However, a sexual
803 offender:
804 (a)1. A sexual offender may petition the criminal division
805 of the circuit court of the circuit in which the sexual offender
806 resides for the purpose of removing the requirement for
807 registration as a sexual offender if Who has been lawfully
808 released from confinement, supervision, or sanction, whichever
809 is later, for at least 25 years and has not been arrested for
810 any felony or misdemeanor offense since release, provided that
811 the sexual offender’s requirement to register was not based upon
812 an adult conviction:
813 a. Twenty-five years have elapsed since the sexual
814 offender’s registration period for the most recent conviction
815 that required the offender to register began;
816 b. The sexual offender has not been convicted or
817 adjudicated delinquent of any felony offense or of an offense
818 punishable by more than 1 year of imprisonment during the 25
819 years preceding the petition to the court;
820 c. The sexual offender has successfully completed all
821 sanctions imposed for all offenses that required the offender to
822 register;
823 d. The sexual offender’s requirement to register was not
824 based upon an adult conviction for a violation of s. 787.01, s.
825 794.011, excluding s. 794.011(10), s. 800.04(4)(b) where the
826 court finds the offense involved a victim under 12 years of age
827 or sexual activity by the use of force or coercion, s.
828 800.04(5)(b), or s. 800.04(5)(c)2. where the court finds the
829 offense involved unclothed genitals or genital area; for any
830 attempt or conspiracy to commit any offense listed in this sub
831 subparagraph; or for a violation of similar law of another
832 jurisdiction; and
833 e. For sexual offenders whose requirement to register is
834 based upon a conviction in another state, the sexual offender is
835 not required to register as a sexual offender pursuant to the
836 laws of the state where the conviction occurred. Such an
837 offender must provide the court written confirmation that he or
838 she is not required to register in the state where the
839 conviction occurred.
840 a. For a violation of s. 787.01 or s. 787.02;
841 b. For a violation of s. 794.011, excluding s. 794.011(10);
842 c. For a violation of s. 800.04(4)(b) where the court finds
843 the offense involved a victim under 12 years of age or sexual
844 activity by the use of force or coercion;
845 d. For a violation of s. 800.04(5)(b);
846 e. For a violation of s. 800.04(5)c.2. where the court
847 finds the offense involved unclothed genitals or genital area;
848 f. For any attempt or conspiracy to commit any such
849 offense; or
850 g. For a violation of similar law of another jurisdiction,
851 may petition the criminal division of the circuit court of the
852 circuit in which the sexual offender resides for the purpose of
853 removing the requirement for registration as a sexual offender.
854 2. A sexual offender whose requirement to register was
855 based upon an adult conviction for a violation of s. 787.02 or
856 s. 827.071(5), for any attempt or conspiracy to commit any
857 offense listed in this subparagraph, or for a violation of
858 similar law of another jurisdiction, may petition the criminal
859 division of the circuit court of the circuit in which the sexual
860 offender resides for the purpose of removing the requirement for
861 registration as a sexual offender if:
862 a. Fifteen years have elapsed since the sexual offender’s
863 registration period for the most recent conviction that required
864 the offender to register began;
865 b. The sexual offender has not been convicted or
866 adjudicated delinquent of any felony offense or of an offense
867 punishable by more than 1 year of imprisonment during the 10
868 years preceding the petition to the court;
869 c. The sexual offender has successfully completed all
870 sanctions imposed for all offenses that required the offender to
871 register; and
872 d. For sexual offenders whose requirement to register is
873 based upon a conviction in another state, the sexual offender is
874 not required to register as a sexual offender pursuant to the
875 laws of the state where the conviction occurred. Such an
876 offender must provide the court written confirmation that he or
877 she is not required to register in the state where the
878 conviction occurred.
879 3. A sexual offender required to register under sub
880 subparagraph (1)(a)1.d. may petition the criminal division of
881 the circuit court of the circuit in which the sexual offender
882 resides for the purpose of removing the requirement for
883 registration as a sexual offender if:
884 a. Twenty-five years have elapsed since the sexual
885 offender’s registration period for the most recent adjudication
886 that required the offender to register began;
887 b. The sexual offender has not been convicted or
888 adjudicated delinquent of any felony offense or of an offense
889 punishable by more than 1 year of imprisonment during the 25
890 years preceding the petition to the court; and
891 c. The sexual offender has successfully completed all
892 sanctions imposed for any offense that required the offender to
893 register.
894 4.2. The court may grant or deny relief if the offender
895 demonstrates to the court that he or she has not been arrested
896 for any crime since release; the requested relief complies with
897 this paragraph, the provisions of the federal Adam Walsh Child
898 Protection and Safety Act of 2006, and any other federal
899 standards applicable to the removal of registration requirements
900 for a sexual offender or required to be met as a condition for
901 the receipt of federal funds by the state; and the court is
902 otherwise satisfied that the offender is not a current or
903 potential threat to public safety. The state attorney in the
904 circuit in which the petition is filed and the department must
905 be given notice of the petition at least 3 weeks before the
906 hearing on the matter. The state attorney may present evidence
907 in opposition to the requested relief or may otherwise
908 demonstrate the reasons why the petition should be denied. If
909 the court grants the petition, the court shall instruct the
910 petitioner to provide the department with a certified copy of
911 the order granting relief. If the court denies the petition, the
912 court may set a future date at which the sexual offender may
913 again petition the court for relief, subject to the standards
914 for relief provided in this subsection.
915 5.3. The department shall remove an offender from
916 classification as a sexual offender for purposes of registration
917 if the offender provides to the department a certified copy of
918 the court’s written findings or order that indicates that the
919 offender is no longer required to comply with the requirements
920 for registration as a sexual offender.
921 6. For purposes of this paragraph:
922 a. The registration period of a sexual offender sentenced
923 to a term of incarceration or committed to a residential program
924 begins upon the offender’s release from incarceration or
925 commitment for the most recent conviction that required the
926 offender to register.
927 b. A sexual offender’s registration period is tolled during
928 any period in which the offender is incarcerated, civilly
929 committed, detained pursuant to chapter 985, or committed to a
930 residential program.
931 (b) A sexual offender as defined in sub-subparagraph
932 (1)(a)1.b. must maintain registration with the department for
933 the duration of his or her life until the person provides the
934 department with an order issued by the court that designated the
935 person as a sexual predator, as a sexually violent predator, or
936 by another sexual offender designation in the state or
937 jurisdiction in which the order was issued which states that
938 such designation has been removed or demonstrates to the
939 department that such designation, if not imposed by a court, has
940 been removed by operation of law or court order in the state or
941 jurisdiction in which the designation was made, and provided
942 such person no longer meets the criteria for registration as a
943 sexual offender under the laws of this state.
944 (14)
945 (c) The sheriff’s office may determine the appropriate
946 times and days for reporting by the sexual offender, which shall
947 be consistent with the reporting requirements of this
948 subsection. Reregistration shall include any changes to the
949 following information:
950 1. Name; social security number; age; race; sex; date of
951 birth; height; weight; hair and eye color; address of any
952 permanent residence and address of any current temporary
953 residence, within the state or out of state, including a rural
954 route address and a post office box; if no permanent or
955 temporary address, any transient residence within the state;
956 address, location or description, and dates of any current or
957 known future temporary residence within the state or out of
958 state; any electronic mail addresses or Internet identifiers
959 address and any instant message name required to be provided
960 pursuant to paragraph (4)(d); home telephone numbers or number
961 and any cellular telephone numbers number; date and place of any
962 employment; the vehicle make, model, color, registration number,
963 and license tag number of any vehicles owned; fingerprints; palm
964 prints; and photograph. A post office box may shall not be
965 provided in lieu of a physical residential address. The sexual
966 offender must also produce his or her passport, if he or she has
967 a passport, and, if he or she is an alien, must produce or
968 provide information about documents establishing his or her
969 immigration status. The sexual offender must also provide
970 information about any professional licenses he or she may have.
971 2. If the sexual offender is enrolled, volunteering,
972 employed, or carrying on a vocation at an institution of higher
973 education in this state, the sexual offender shall also provide
974 to the department the name, address, and county of each
975 institution, including each campus attended, and the sexual
976 offender’s enrollment, volunteer, or employment status.
977 3. If the sexual offender’s place of residence is a motor
978 vehicle, trailer, mobile home, or manufactured home, as defined
979 in chapter 320, the sexual offender shall also provide the
980 vehicle identification number; the license tag number; the
981 registration number; and a description, including color scheme,
982 of the motor vehicle, trailer, mobile home, or manufactured
983 home. If the sexual offender’s place of residence is a vessel,
984 live-aboard vessel, or houseboat, as defined in chapter 327, the
985 sexual offender shall also provide the hull identification
986 number; the manufacturer’s serial number; the name of the
987 vessel, live-aboard vessel, or houseboat; the registration
988 number; and a description, including color scheme, of the
989 vessel, live-aboard vessel or houseboat.
990 4. Any sexual offender who fails to report in person as
991 required at the sheriff’s office, or who fails to respond to any
992 address verification correspondence from the department within 3
993 weeks of the date of the correspondence, or who fails to report
994 all electronic mail addresses and all Internet identifiers prior
995 to use or instant message names, or who knowingly provides false
996 registration information by act or omission commits a felony of
997 the third degree, punishable as provided in s. 775.082, s.
998 775.083, or s. 775.084.
999 Section 5. Section 943.04351, Florida Statutes, is amended
1000 to read:
1001 943.04351 Search of registration information regarding
1002 sexual predators and sexual offenders required prior to
1003 appointment or employment.—A state agency or governmental
1004 subdivision, prior to making any decision to appoint or employ a
1005 person to work, whether for compensation or as a volunteer, at
1006 any park, playground, day care center, or other place where
1007 children regularly congregate, must conduct a search of that
1008 person’s name or other identifying information against the
1009 registration information regarding sexual predators and sexual
1010 offenders maintained by the Department of Law Enforcement under
1011 s. 943.043. The agency or governmental subdivision may conduct
1012 the search using the Internet site maintained by the Department
1013 of Law Enforcement. Also, a national search must be conducted
1014 through the Dru Sjodin National Sex Offender Public Website
1015 maintained by the United States Department of Justice. This
1016 section does not apply to those positions or appointments within
1017 a state agency or governmental subdivision for which a state and
1018 national criminal history background check is conducted.
1019 Section 6. Section 943.04354, Florida Statutes, is amended
1020 to read:
1021 943.04354 Removal of the requirement to register as a
1022 sexual offender or sexual predator in special circumstances.—
1023 (1) For purposes of this section, a person shall be
1024 considered for removal of the requirement to register as a
1025 sexual offender or sexual predator only if the person:
1026 (a) Was or will be convicted, regardless of adjudication,
1027 or adjudicated delinquent of a violation of s. 794.011, s.
1028 800.04, s. 827.071, or s. 847.0135(5), or a similar offense in
1029 another jurisdiction, or the person committed a violation of s.
1030 794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
1031 adjudication of guilt was or will be withheld, and the person
1032 does not have any other conviction, regardless of adjudication,
1033 or adjudication of delinquency, or withhold of adjudication of
1034 guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
1035 s. 847.0135(5), or a similar offense in another jurisdiction;
1036 (b)1. Was convicted, regardless of adjudication, or
1037 adjudicated delinquent of an offense listed in paragraph (a) and
1038 is required to register as a sexual offender or sexual predator
1039 solely on the basis of this conviction or adjudication
1040 violation; or and
1041 2. Was convicted, regardless of adjudication, or
1042 adjudicated delinquent of an offense in another jurisdiction
1043 that is similar to an offense listed in paragraph (a) and no
1044 longer meets the criteria for registration as a sexual offender
1045 or sexual predator under the laws of the jurisdiction where the
1046 similar offense occurred; and
1047 (c) Is not more than 4 years older than the victim of this
1048 violation who was 13 14 years of age or older but less not more
1049 than 18 17 years of age at the time the person committed this
1050 violation.
1051 (2) If a person meets the criteria in subsection (1) and
1052 the violation of s. 794.011, s. 800.04, s. 827.071, or s.
1053 847.0135(5) was committed on or after July 1, 2007, the person
1054 may move the criminal court of the circuit in which the offense
1055 occurred or the sentencing court or, for persons convicted or
1056 adjudicated delinquent of a qualifying offense in another
1057 jurisdiction, the criminal circuit court of the circuit in which
1058 the person resides that will sentence or dispose of this
1059 violation to remove the requirement that the person register as
1060 a sexual offender or sexual predator. The person must allege in
1061 the motion that he or she meets the criteria in subsection (1)
1062 and that removal of the registration requirement will not
1063 conflict with federal law. Persons convicted or adjudicated
1064 delinquent of an offense in another jurisdiction that is similar
1065 to an offense listed in paragraph (1)(a) must provide the court
1066 written confirmation that he or she is not required to register
1067 in the state where the conviction or adjudication occurred. The
1068 state attorney and the department must be given notice of the
1069 motion at least 21 days before the date of sentencing, or
1070 disposition of the this violation, or hearing on the motion and
1071 may present evidence in opposition to the requested relief or
1072 may otherwise demonstrate why the motion should be denied. At
1073 sentencing, or disposition of the this violation, or hearing on
1074 the motion, the court shall rule on this motion and, if the
1075 court determines the person meets the criteria in subsection (1)
1076 and the removal of the registration requirement will not
1077 conflict with federal law, it may grant the motion and order the
1078 removal of the registration requirement. The court shall
1079 instruct the person to provide the department a certified copy
1080 of the order granting relief. If the court denies the motion,
1081 the person is not authorized under this section to file another
1082 motion petition for removal of the registration requirement.
1083 (3)(a) This subsection applies to a person who:
1084 1. Is not a person described in subsection (2) because the
1085 violation of s. 794.011, s. 800.04, or s. 827.071 was not
1086 committed on or after July 1, 2007;
1087 2. Is subject to registration as a sexual offender or
1088 sexual predator for a violation of s. 794.011, s. 800.04, or s.
1089 827.071; and
1090 3. Meets the criteria in subsection (1).
1091 (b) A person may petition the court in which the sentence
1092 or disposition for the violation of s. 794.011, s. 800.04, or s.
1093 827.071 occurred for removal of the requirement to register as a
1094 sexual offender or sexual predator. The person must allege in
1095 the petition that he or she meets the criteria in subsection (1)
1096 and removal of the registration requirement will not conflict
1097 with federal law. The state attorney must be given notice of the
1098 petition at least 21 days before the hearing on the petition and
1099 may present evidence in opposition to the requested relief or
1100 may otherwise demonstrate why the petition should be denied. The
1101 court shall rule on the petition and, if the court determines
1102 the person meets the criteria in subsection (1) and removal of
1103 the registration requirement will not conflict with federal law,
1104 it may grant the petition and order the removal of the
1105 registration requirement. If the court denies the petition, the
1106 person is not authorized under this section to file any further
1107 petition for removal of the registration requirement.
1108 (3)(4) If a person provides to the Department of Law
1109 Enforcement a certified copy of the court’s order removing the
1110 requirement that the person register as a sexual offender or
1111 sexual predator for the violation of s. 794.011, s. 800.04, s.
1112 827.071, or s. 847.0135(5), or a similar offense in another
1113 jurisdiction, the registration requirement will not apply to the
1114 person and the department shall remove all information about the
1115 person from the public registry of sexual offenders and sexual
1116 predators maintained by the department. However, the removal of
1117 this information from the public registry does not mean that the
1118 public is denied access to information about the person’s
1119 criminal history or record that is otherwise available as a
1120 public record.
1121 Section 7. Subsection (2) and paragraph (a) of subsection
1122 (3) of section 943.0437, Florida Statutes, are amended to read:
1123 943.0437 Commercial social networking websites.—
1124 (2) The department may provide information relating to
1125 electronic mail addresses and Internet identifiers instant
1126 message names maintained as part of the sexual offender registry
1127 to commercial social networking websites or third parties
1128 designated by commercial social networking websites. The
1129 commercial social networking website may use this information
1130 for the purpose of comparing registered users and screening
1131 potential users of the commercial social networking website
1132 against the list of electronic mail addresses and Internet
1133 identifiers instant message names provided by the department.
1134 (3) This section shall not be construed to impose any civil
1135 liability on a commercial social networking website for:
1136 (a) Any action voluntarily taken in good faith to remove or
1137 disable any profile of a registered user associated with an
1138 electronic mail address or Internet identifier instant message
1139 name contained in the sexual offender registry.
1140 Section 8. Paragraphs (b) and (d) of subsection (1) and
1141 paragraph (a) of subsection (3) of section 944.606, Florida
1142 Statutes, are amended to read:
1143 944.606 Sexual offenders; notification upon release.—
1144 (1) As used in this section:
1145 (b) “Sexual offender” means a person who has been convicted
1146 of committing, or attempting, soliciting, or conspiring to
1147 commit, any of the criminal offenses proscribed in the following
1148 statutes in this state or similar offenses in another
1149 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1150 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1151 defendant is not the victim’s parent or guardian; s.
1152 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1153 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1154 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1155 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1156 s. 916.1075(2); or s. 985.701(1); or any similar offense
1157 committed in this state which has been redesignated from a
1158 former statute number to one of those listed in this subsection,
1159 when the department has received verified information regarding
1160 such conviction; an offender’s computerized criminal history
1161 record is not, in and of itself, verified information.
1162 (d) “Internet identifier Instant message name” has the same
1163 meaning as provided in s. 775.21 means an identifier that allows
1164 a person to communicate in real time with another person using
1165 the Internet.
1166 (3)(a) The department must provide information regarding
1167 any sexual offender who is being released after serving a period
1168 of incarceration for any offense, as follows:
1169 1. The department must provide: the sexual offender’s name,
1170 any change in the offender’s name by reason of marriage or other
1171 legal process, and any alias, if known; the correctional
1172 facility from which the sexual offender is released; the sexual
1173 offender’s social security number, race, sex, date of birth,
1174 height, weight, and hair and eye color; address of any planned
1175 permanent residence or temporary residence, within the state or
1176 out of state, including a rural route address and a post office
1177 box; if no permanent or temporary address, any transient
1178 residence within the state; address, location or description,
1179 and dates of any known future temporary residence within the
1180 state or out of state; date and county of sentence and each
1181 crime for which the offender was sentenced; a copy of the
1182 offender’s fingerprints, palm prints, and a digitized photograph
1183 taken within 60 days before release; the date of release of the
1184 sexual offender; all any electronic mail addresses address and
1185 all Internet identifiers any instant message name required to be
1186 provided pursuant to s. 943.0435(4)(d); all and home telephone
1187 numbers number and any cellular telephone numbers; information
1188 about any professional licenses the offender may have, if known;
1189 and passport information, if he or she has a passport, and, if
1190 he or she is an alien, information about documents establishing
1191 his or her immigration status number. The department shall
1192 notify the Department of Law Enforcement if the sexual offender
1193 escapes, absconds, or dies. If the sexual offender is in the
1194 custody of a private correctional facility, the facility shall
1195 take the digitized photograph of the sexual offender within 60
1196 days before the sexual offender’s release and provide this
1197 photograph to the Department of Corrections and also place it in
1198 the sexual offender’s file. If the sexual offender is in the
1199 custody of a local jail, the custodian of the local jail shall
1200 register the offender within 3 business days after intake of the
1201 offender for any reason and upon release, and shall notify the
1202 Department of Law Enforcement of the sexual offender’s release
1203 and provide to the Department of Law Enforcement the information
1204 specified in this paragraph and any information specified in
1205 subparagraph 2. that the Department of Law Enforcement requests.
1206 2. The department may provide any other information deemed
1207 necessary, including criminal and corrections records,
1208 nonprivileged personnel and treatment records, when available.
1209 Section 9. Paragraphs (a) and (f) of subsection (1),
1210 subsection (4), and paragraph (c) of subsection (13) of section
1211 944.607, Florida Statutes, are amended to read:
1212 944.607 Notification to Department of Law Enforcement of
1213 information on sexual offenders.—
1214 (1) As used in this section, the term:
1215 (a) “Sexual offender” means a person who is in the custody
1216 or control of, or under the supervision of, the department or is
1217 in the custody of a private correctional facility:
1218 1. On or after October 1, 1997, as a result of a conviction
1219 for committing, or attempting, soliciting, or conspiring to
1220 commit, any of the criminal offenses proscribed in the following
1221 statutes in this state or similar offenses in another
1222 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1223 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1224 defendant is not the victim’s parent or guardian; s.
1225 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1226 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1227 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1228 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1229 s. 916.1075(2); or s. 985.701(1); or any similar offense
1230 committed in this state which has been redesignated from a
1231 former statute number to one of those listed in this paragraph;
1232 or
1233 2. Who establishes or maintains a residence in this state
1234 and who has not been designated as a sexual predator by a court
1235 of this state but who has been designated as a sexual predator,
1236 as a sexually violent predator, or by another sexual offender
1237 designation in another state or jurisdiction and was, as a
1238 result of such designation, subjected to registration or
1239 community or public notification, or both, or would be if the
1240 person were a resident of that state or jurisdiction, without
1241 regard as to whether the person otherwise meets the criteria for
1242 registration as a sexual offender.
1243 (f) “Internet identifier Instant message name” has the same
1244 meaning as provided in s. 775.21 means an identifier that allows
1245 a person to communicate in real time with another person using
1246 the Internet.
1247 (4) A sexual offender, as described in this section, who is
1248 under the supervision of the Department of Corrections but is
1249 not incarcerated must register with the Department of
1250 Corrections within 3 business days after sentencing for a
1251 registrable offense and otherwise provide information as
1252 required by this subsection.
1253 (a) The sexual offender shall provide his or her name; date
1254 of birth; social security number; race; sex; height; weight;
1255 hair and eye color; tattoos or other identifying marks; all any
1256 electronic mail addresses address and all Internet identifiers
1257 any instant message name required to be provided pursuant to s.
1258 943.0435(4)(d); all home telephone numbers and cellular
1259 telephone numbers; the make, model, color, registration number,
1260 and license tag number of all vehicles owned; permanent or legal
1261 residence and address of temporary residence within the state or
1262 out of state while the sexual offender is under supervision in
1263 this state, including any rural route address or post office
1264 box; if no permanent or temporary address, any transient
1265 residence within the state; and address, location or
1266 description, and dates of any current or known future temporary
1267 residence within the state or out of state. The sexual offender
1268 must also produce his or her passport, if he or she has a
1269 passport, and, if he or she is an alien, must produce or provide
1270 information about documents establishing his or her immigration
1271 status. The sexual offender must also provide information about
1272 any professional licenses he or she may have. The Department of
1273 Corrections shall verify the address of each sexual offender in
1274 the manner described in ss. 775.21 and 943.0435. The department
1275 shall report to the Department of Law Enforcement any failure by
1276 a sexual predator or sexual offender to comply with registration
1277 requirements.
1278 (b) If the sexual offender is enrolled, employed,
1279 volunteering, or carrying on a vocation at an institution of
1280 higher education in this state, the sexual offender shall
1281 provide the name, address, and county of each institution,
1282 including each campus attended, and the sexual offender’s
1283 enrollment, volunteer, or employment status. Each change in
1284 enrollment, volunteer, or employment status shall be reported to
1285 the department within 48 hours after the change in status. The
1286 Department of Corrections shall promptly notify each institution
1287 of the sexual offender’s presence and any change in the sexual
1288 offender’s enrollment, volunteer, or employment status.
1289 (13)
1290 (c) The sheriff’s office may determine the appropriate
1291 times and days for reporting by the sexual offender, which shall
1292 be consistent with the reporting requirements of this
1293 subsection. Reregistration shall include any changes to the
1294 following information:
1295 1. Name; social security number; age; race; sex; date of
1296 birth; height; weight; hair and eye color; address of any
1297 permanent residence and address of any current temporary
1298 residence, within the state or out of state, including a rural
1299 route address and a post office box; if no permanent or
1300 temporary address, any transient residence; address, location or
1301 description, and dates of any current or known future temporary
1302 residence within the state or out of state; any electronic mail
1303 addresses or Internet identifiers address and any instant
1304 message name required to be provided pursuant to s.
1305 943.0435(4)(d); home telephone numbers or cellular telephone
1306 numbers; date and place of any employment; the vehicle make,
1307 model, color, registration number, and license tag number of any
1308 vehicles owned; fingerprints; palm prints; and photograph. A
1309 post office box shall not be provided in lieu of a physical
1310 residential address. The sexual offender must also produce his
1311 or her passport, if he or she has a passport, and, if he or she
1312 is an alien, must produce or provide information about documents
1313 establishing his or her immigration status. The sexual offender
1314 must also provide information about any professional licenses he
1315 or she may have.
1316 2. If the sexual offender is enrolled, employed,
1317 volunteering, or carrying on a vocation at an institution of
1318 higher education in this state, the sexual offender shall also
1319 provide to the department the name, address, and county of each
1320 institution, including each campus attended, and the sexual
1321 offender’s enrollment, volunteer, or employment status.
1322 3. If the sexual offender’s place of residence is a motor
1323 vehicle, trailer, mobile home, or manufactured home, as defined
1324 in chapter 320, the sexual offender shall also provide the
1325 vehicle identification number; the license tag number; the
1326 registration number; and a description, including color scheme,
1327 of the motor vehicle, trailer, mobile home, or manufactured
1328 home. If the sexual offender’s place of residence is a vessel,
1329 live-aboard vessel, or houseboat, as defined in chapter 327, the
1330 sexual offender shall also provide the hull identification
1331 number; the manufacturer’s serial number; the name of the
1332 vessel, live-aboard vessel, or houseboat; the registration
1333 number; and a description, including color scheme, of the
1334 vessel, live-aboard vessel or houseboat.
1335 4. Any sexual offender who fails to report in person as
1336 required at the sheriff’s office, or who fails to respond to any
1337 address verification correspondence from the department within 3
1338 weeks of the date of the correspondence, or who fails to report
1339 all electronic mail addresses or Internet identifiers prior to
1340 use or instant message names, or who knowingly provides false
1341 registration information by act or omission commits a felony of
1342 the third degree, punishable as provided in s. 775.082, s.
1343 775.083, or s. 775.084.
1344 Section 10. Subsection (11) of section 947.005, Florida
1345 Statutes, is amended to read:
1346 947.005 Definitions.—As used in this chapter, unless the
1347 context clearly indicates otherwise:
1348 (11) “Risk assessment” means an assessment completed by a
1349 an independent qualified practitioner to evaluate the level of
1350 risk associated when a sex offender has contact with a child.
1351 Section 11. Section 948.31, Florida Statutes, is amended to
1352 read:
1353 948.31 Evaluation and treatment of sexual predators and
1354 offenders on probation or community control.—The court may shall
1355 require an evaluation by a qualified practitioner to determine
1356 the need of a probationer or community controllee for treatment.
1357 If the court determines that a need therefor is established by
1358 the evaluation process, the court shall require sexual offender
1359 treatment as a term or condition of probation or community
1360 control for any probationer or community controllee person who
1361 is required to register as a sexual predator under s. 775.21 or
1362 sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to
1363 undergo an evaluation, at the probationer or community
1364 controllee’s expense, by a qualified practitioner to determine
1365 whether such person needs sexual offender treatment. If the
1366 qualified practitioner determines that sexual offender treatment
1367 is needed and recommends treatment, the probationer or community
1368 controllee must successfully complete and pay for the treatment.
1369 Such treatment must shall be required to be obtained from a
1370 qualified practitioner as defined in s. 948.001. Treatment may
1371 not be administered by a qualified practitioner who has been
1372 convicted or adjudicated delinquent of committing, or
1373 attempting, soliciting, or conspiring to commit, any offense
1374 that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
1375 impose a restriction against contact with minors if sexual
1376 offender treatment is recommended. The evaluation and
1377 recommendations for treatment of the probationer or community
1378 controllee shall be provided to the court for review.
1379 Section 12. Paragraph (a) of subsection (3) of section
1380 985.481, Florida Statutes, is amended to read:
1381 985.481 Sexual offenders adjudicated delinquent;
1382 notification upon release.—
1383 (3)(a) The department must provide information regarding
1384 any sexual offender who is being released after serving a period
1385 of residential commitment under the department for any offense,
1386 as follows:
1387 1. The department must provide the sexual offender’s name,
1388 any change in the offender’s name by reason of marriage or other
1389 legal process, and any alias, if known; the correctional
1390 facility from which the sexual offender is released; the sexual
1391 offender’s social security number, race, sex, date of birth,
1392 height, weight, and hair and eye color; the make, model, color,
1393 registration number, and license tag number of all vehicles
1394 owned, if known; address of any planned permanent residence or
1395 temporary residence, within the state or out of state, including
1396 a rural route address and a post office box; if no permanent or
1397 temporary address, any transient residence within the state;
1398 address, location or description, and dates of any known future
1399 temporary residence within the state or out of state; date and
1400 county of disposition and each crime for which there was a
1401 disposition; a copy of the offender’s fingerprints and a
1402 digitized photograph taken within 60 days before release; the
1403 date of release of the sexual offender; all and home telephone
1404 numbers number and any cellular telephone numbers; information
1405 about any professional licenses the offender may have, if known;
1406 and passport information, if he or she has a passport, and, if
1407 he or she is an alien, information about documents establishing
1408 his or her immigration status number. The department shall
1409 notify the Department of Law Enforcement if the sexual offender
1410 escapes, absconds, or dies. If the sexual offender is in the
1411 custody of a private correctional facility, the facility shall
1412 take the digitized photograph of the sexual offender within 60
1413 days before the sexual offender’s release and also place it in
1414 the sexual offender’s file. If the sexual offender is in the
1415 custody of a local jail, the custodian of the local jail shall
1416 register the offender within 3 business days after intake of the
1417 offender for any reason and upon release, and shall notify the
1418 Department of Law Enforcement of the sexual offender’s release
1419 and provide to the Department of Law Enforcement the information
1420 specified in this subparagraph and any information specified in
1421 subparagraph 2. which the Department of Law Enforcement
1422 requests.
1423 2. The department may provide any other information
1424 considered necessary, including criminal and delinquency
1425 records, when available.
1426 Section 13. Subsection (4) and paragraph (b) of subsection
1427 (13) of section 985.4815, Florida Statutes, are amended to read:
1428 985.4815 Notification to Department of Law Enforcement of
1429 information on juvenile sexual offenders.—
1430 (4) A sexual offender, as described in this section, who is
1431 under the supervision of the department but who is not committed
1432 must register with the department within 3 business days after
1433 adjudication and disposition for a registrable offense and
1434 otherwise provide information as required by this subsection.
1435 (a) The sexual offender shall provide his or her name; date
1436 of birth; social security number; race; sex; height; weight;
1437 hair and eye color; tattoos or other identifying marks; the
1438 make, model, color, registration number, and license tag number
1439 of all vehicles owned; permanent or legal residence and address
1440 of temporary residence within the state or out of state while
1441 the sexual offender is in the care or custody or under the
1442 jurisdiction or supervision of the department in this state,
1443 including any rural route address or post office box; if no
1444 permanent or temporary address, any transient residence;
1445 address, location or description, and dates of any current or
1446 known future temporary residence within the state or out of
1447 state; and the name and address of each school attended. The
1448 sexual offender must also produce his or her passport, if he or
1449 she has a passport, and, if he or she is an alien, must produce
1450 or provide information about documents establishing his or her
1451 immigration status. The offender must also provide information
1452 about any professional licenses he or she may have. The
1453 department shall verify the address of each sexual offender and
1454 shall report to the Department of Law Enforcement any failure by
1455 a sexual offender to comply with registration requirements.
1456 (b) If the sexual offender is enrolled, employed,
1457 volunteering, or carrying on a vocation at an institution of
1458 higher education in this state, the sexual offender shall
1459 provide the name, address, and county of each institution,
1460 including each campus attended, and the sexual offender’s
1461 enrollment, volunteer, or employment status. Each change in
1462 enrollment, volunteer, or employment status shall be reported to
1463 the department within 48 hours after the change in status. The
1464 department shall promptly notify each institution of the sexual
1465 offender’s presence and any change in the sexual offender’s
1466 enrollment, volunteer, or employment status.
1467 (13)
1468 (b) The sheriff’s office may determine the appropriate
1469 times and days for reporting by the sexual offender, which shall
1470 be consistent with the reporting requirements of this
1471 subsection. Reregistration shall include any changes to the
1472 following information:
1473 1. Name; social security number; age; race; sex; date of
1474 birth; height; weight; hair and eye color; fingerprints; palm
1475 prints; address of any permanent residence and address of any
1476 current temporary residence, within the state or out of state,
1477 including a rural route address and a post office box; if no
1478 permanent or temporary address, any transient residence;
1479 address, location or description, and dates of any current or
1480 known future temporary residence within the state or out of
1481 state; passport information, if he or she has a passport, and,
1482 if he or she is an alien, information about documents
1483 establishing his or her immigration status; name and address of
1484 each school attended; date and place of any employment; the
1485 vehicle make, model, color, registration number, and license tag
1486 number of all vehicles owned; fingerprints; and photograph. A
1487 post office box shall not be provided in lieu of a physical
1488 residential address. The offender must also provide information
1489 about any professional licenses he or she may have.
1490 2. If the sexual offender is enrolled, employed,
1491 volunteering, or carrying on a vocation at an institution of
1492 higher education in this state, the sexual offender shall also
1493 provide to the department the name, address, and county of each
1494 institution, including each campus attended, and the sexual
1495 offender’s enrollment, volunteer, or employment status.
1496 3. If the sexual offender’s place of residence is a motor
1497 vehicle, trailer, mobile home, or manufactured home, as defined
1498 in chapter 320, the sexual offender shall also provide the
1499 vehicle identification number; the license tag number; the
1500 registration number; and a description, including color scheme,
1501 of the motor vehicle, trailer, mobile home, or manufactured
1502 home. If the sexual offender’s place of residence is a vessel,
1503 live-aboard vessel, or houseboat, as defined in chapter 327, the
1504 sexual offender shall also provide the hull identification
1505 number; the manufacturer’s serial number; the name of the
1506 vessel, live-aboard vessel, or houseboat; the registration
1507 number; and a description, including color scheme, of the
1508 vessel, live-aboard vessel, or houseboat.
1509 4. Any sexual offender who fails to report in person as
1510 required at the sheriff’s office, or who fails to respond to any
1511 address verification correspondence from the department within 3
1512 weeks after the date of the correspondence, or who knowingly
1513 provides false registration information by act or omission
1514 commits a felony of the third degree, punishable as provided in
1515 ss. 775.082, 775.083, and 775.084.
1516 Section 14. Paragraphs (g) and (i) of subsection (3) of
1517 section 921.0022, Florida Statutes, are amended to read:
1518 921.0022 Criminal Punishment Code; offense severity ranking
1519 chart.—
1520 (3) OFFENSE SEVERITY RANKING CHART
1521 (g) LEVEL 7
1522 FloridaStatute FelonyDegree Description
1523 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1524 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1525 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
1526 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1527 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1528 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1529 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1530 456.065(2) 3rd Practicing a health care profession without a license.
1531 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1532 458.327(1) 3rd Practicing medicine without a license.
1533 459.013(1) 3rd Practicing osteopathic medicine without a license.
1534 460.411(1) 3rd Practicing chiropractic medicine without a license.
1535 461.012(1) 3rd Practicing podiatric medicine without a license.
1536 462.17 3rd Practicing naturopathy without a license.
1537 463.015(1) 3rd Practicing optometry without a license.
1538 464.016(1) 3rd Practicing nursing without a license.
1539 465.015(2) 3rd Practicing pharmacy without a license.
1540 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1541 467.201 3rd Practicing midwifery without a license.
1542 468.366 3rd Delivering respiratory care services without a license.
1543 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1544 483.901(9) 3rd Practicing medical physics without a license.
1545 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1546 484.053 3rd Dispensing hearing aids without a license.
1547 494.0018(2) 1st Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
1548 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
1549 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1550 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1551 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
1552 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1553 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1554 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1555 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1556 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1557 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1558 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1559 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1560 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1561 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1562 784.048(7) 3rd Aggravated stalking; violation of court order.
1563 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1564 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1565 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1566 784.081(1) 1st Aggravated battery on specified official or employee.
1567 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1568 784.083(1) 1st Aggravated battery on code inspector.
1569 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
1570 787.06(3)(e) 1st Human trafficking using coercion for labor and services by the transfer or transport of any individual from outside Florida to within the state.
1571 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1572 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1573 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1574 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1575 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1576 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1577 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1578 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
1579 796.03 2nd Procuring any person under 18 16 years for prostitution.
1580 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1581 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.
1582 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1583 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1584 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1585 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1586 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1587 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
1588 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1589 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1590 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1591 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1592 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1593 812.131(2)(a) 2nd Robbery by sudden snatching.
1594 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1595 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1596 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1597 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1598 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
1599 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1600 825.103(2)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000.
1601 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1602 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1603 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1604 838.015 2nd Bribery.
1605 838.016 2nd Unlawful compensation or reward for official behavior.
1606 838.021(3)(a) 2nd Unlawful harm to a public servant.
1607 838.22 2nd Bid tampering.
1608 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1609 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1610 872.06 2nd Abuse of a dead human body.
1611 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1612 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
1613 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., within 1,000 feet of property used for religious services or a specified business site.
1614 893.13(4)(a) 1st Deliver to minor cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4. drugs).
1615 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1616 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1617 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1618 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1619 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1620 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1621 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1622 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1623 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1624 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1625 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1626 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1627 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1628 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1629 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1630 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1631 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1632 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1633 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1634 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1635 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1636 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1637 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1638 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1639 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification.
1640 (i) LEVEL 9
1641 FloridaStatute FelonyDegree Description
1642 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1643 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1644 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1645 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1646 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1647 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1648 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1649 775.0844 1st Aggravated white collar crime.
1650 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1651 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
1652 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1653 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1654 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1655 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1656 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1657 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1658 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
1659 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
1660 787.06(4) 1st Selling or buying of minors into human trafficking.
1661 790.161 1st Attempted capital destructive device offense.
1662 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1663 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1664 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1665 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1666 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1667 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1668 796.035 1st Selling or buying of minors into prostitution.
1669 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1670 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1671 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1672 812.135(2)(b) 1st Home-invasion robbery with weapon.
1673 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
1674 827.03(2)(a) 1st Aggravated child abuse.
1675 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1676 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1677 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
1678 893.135 1st Attempted capital trafficking offense.
1679 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1680 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1681 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1682 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1683 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1684 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1685 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1686 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1687 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1688 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1689 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1690 Section 15. This act shall take effect October 1, 2013.