Florida Senate - 2013                             CS for SB 1114
       
       
       
       By the Committee on Criminal Justice; and Senator Altman
       
       
       
       
       591-03347-13                                          20131114c1
    1                        A bill to be entitled                      
    2         An act relating to sex offenses; amending s. 90.803,
    3         F.S.; providing that an out-of-court statement by a
    4         child victim with a physical, mental, emotional, or
    5         developmental age of 16 or less rather than 11 or less
    6         describing specified criminal acts is admissible in
    7         evidence in certain instances; amending s. 775.21,
    8         F.S.; replacing the definition of the term “instant
    9         message name” with the definition of the term
   10         “Internet identifier”; providing that voluntary
   11         disclosure of specified information waives a
   12         disclosure exemption for such information; conforming
   13         provisions; adding additional offenses to the list of
   14         sexual predator qualifying offenses; requiring
   15         disclosure of additional information during the sexual
   16         predator registration process; requiring that a sexual
   17         predator who is unable to secure or update a driver
   18         license or identification card within a specified
   19         period must report specified information to the local
   20         sheriff’s office within a specified period after such
   21         change with confirmation that he or she also reported
   22         such information to the Department of Highway Safety
   23         and Motor Vehicles; revising reporting requirements if
   24         a sexual predator plans to leave the United States for
   25         more than a specified period; providing criminal
   26         penalties for knowingly providing false registration
   27         information by act or omission; amending s. 800.03,
   28         F.S.; providing enhanced penalties for third or
   29         subsequent indecent exposure violations; amending s.
   30         903.046, F.S.; requiring a court considering whether
   31         to release a defendant on bail to determine whether
   32         the defendant is subject to registration as a sexual
   33         offender or sexual predator and, if so, to hold the
   34         defendant without bail until the first appearance on
   35         the case; providing an exception; amending s.
   36         943.0435, F.S.; adding additional offenses to the list
   37         of sexual offender qualifying offenses; replacing the
   38         definition of the term “instant message name” with the
   39         definition of the term “Internet identifier”;
   40         conforming provisions; requiring disclosure of
   41         additional sexual offender registration information;
   42         requiring that a sexual offender who is unable to
   43         secure or update a driver license or identification
   44         card within a specified period must report specified
   45         information to the local sheriff’s office within a
   46         specified period of such change with confirmation that
   47         he or she also reported such information to the
   48         Department of Highway Safety and Motor Vehicles;
   49         providing additional requirements for sexual offenders
   50         intending to reside outside of the United States;
   51         revising criteria applicable to provisions allowing
   52         removal from the requirement to register as a sexual
   53         offender; providing criminal penalties for knowingly
   54         providing false registration information by act or
   55         omission; amending s. 943.04351, F.S.; requiring a
   56         specified national search of registration information
   57         regarding sexual predators and sexual offenders prior
   58         to appointment or employment of persons by state
   59         agencies and governmental subdivisions; amending s.
   60         943.04354, F.S.; revising the criteria applicable to
   61         provisions allowing removal of the requirement to
   62         register as a sexual offender or sexual predator;
   63         amending s. 943.0437, F.S.; replacing the term
   64         “instant message name” with the term “Internet
   65         identifier”; amending ss. 944.606 and 944.607, F.S.;
   66         adding additional offenses to the list of sexual
   67         offender qualifying offenses; replacing the definition
   68         of the term “instant message name” with the definition
   69         of the term “Internet identifier”; conforming
   70         provisions; requiring disclosure of additional
   71         registration information; providing criminal penalties
   72         for knowingly providing false registration information
   73         by act or omission; amending s. 947.005, F.S.;
   74         revising the definition of the term “risk assessment”;
   75         amending s. 948.31, F.S.; authorizing the court to
   76         require sexual offenders and sexual predators who are
   77         on probation or community control to undergo an
   78         evaluation to determine whether the offender or
   79         predator needs sexual offender treatment; requiring
   80         the probationer or community controllee to pay for the
   81         treatment; removing a provision prohibiting contact
   82         with minors if sexual offender treatment is
   83         recommended; amending ss. 985.481 and 985.4815, F.S.;
   84         requiring disclosure of additional registration
   85         information by certain sexual offenders adjudicated
   86         delinquent and certain juvenile sexual offenders;
   87         providing criminal penalties for knowingly providing
   88         false registration information by act or omission;
   89         amending s. 921.0022, F.S.; conforming cross
   90         references; providing an effective date.
   91  
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. Paragraph (a) of subsection (23) of section
   95  90.803, Florida Statutes, is amended to read:
   96         90.803 Hearsay exceptions; availability of declarant
   97  immaterial.—The provision of s. 90.802 to the contrary
   98  notwithstanding, the following are not inadmissible as evidence,
   99  even though the declarant is available as a witness:
  100         (23) HEARSAY EXCEPTION; STATEMENT OF CHILD VICTIM.—
  101         (a) Unless the source of information or the method or
  102  circumstances by which the statement is reported indicates a
  103  lack of trustworthiness, an out-of-court statement made by a
  104  child victim with a physical, mental, emotional, or
  105  developmental age of 16 11 or less describing any act of child
  106  abuse or neglect, any act of sexual abuse against a child, the
  107  offense of child abuse, the offense of aggravated child abuse,
  108  or any offense involving an unlawful sexual act, contact,
  109  intrusion, or penetration performed in the presence of, with,
  110  by, or on the declarant child, not otherwise admissible, is
  111  admissible in evidence in any civil or criminal proceeding if:
  112         1. The court finds in a hearing conducted outside the
  113  presence of the jury that the time, content, and circumstances
  114  of the statement provide sufficient safeguards of reliability.
  115  In making its determination, the court may consider the mental
  116  and physical age and maturity of the child, the nature and
  117  duration of the abuse or offense, the relationship of the child
  118  to the offender, the reliability of the assertion, the
  119  reliability of the child victim, and any other factor deemed
  120  appropriate; and
  121         2. The child either:
  122         a. Testifies; or
  123         b. Is unavailable as a witness, provided that there is
  124  other corroborative evidence of the abuse or offense.
  125  Unavailability shall include a finding by the court that the
  126  child’s participation in the trial or proceeding would result in
  127  a substantial likelihood of severe emotional or mental harm, in
  128  addition to findings pursuant to s. 90.804(1).
  129         Section 2. Paragraph (i) of subsection (2), paragraph (a)
  130  of subsection (4), subsections (6) and (8), and paragraph (a) of
  131  subsection (10) of section 775.21, Florida Statutes, are amended
  132  to read:
  133         775.21 The Florida Sexual Predators Act.—
  134         (2) DEFINITIONS.—As used in this section, the term:
  135         (i) “Internet identifier Instant message name” means all
  136  electronic mail, chat, instant messenger, social networking, or
  137  similar name used for Internet communication, but does not
  138  include a date of birth, social security number, or personal
  139  identification number (PIN). Voluntary disclosure by the sexual
  140  predator of his or her date of birth, social security number, or
  141  personal identification number (PIN) as an Internet identifier
  142  waives the disclosure exemption in this paragraph for such
  143  personal information an identifier that allows a person to
  144  communicate in real time with another person using the Internet.
  145         (4) SEXUAL PREDATOR CRITERIA.—
  146         (a) For a current offense committed on or after October 1,
  147  1993, upon conviction, an offender shall be designated as a
  148  “sexual predator” under subsection (5), and subject to
  149  registration under subsection (6) and community and public
  150  notification under subsection (7) if:
  151         1. The felony is:
  152         a. A capital, life, or first-degree felony violation, or
  153  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  154  is a minor and the defendant is not the victim’s parent or
  155  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
  156  violation of a similar law of another jurisdiction; or
  157         b. Any felony violation, or any attempt thereof, of s.
  158  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  159  787.025(2)(c), where the victim is a minor and the defendant is
  160  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  161  (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
  162  796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025
  163  825.1025(2)(b); s. 827.071; s. 847.0135(5); s. 847.0145; s.
  164  916.1075(2); or s. 985.701(1); or a violation of a similar law
  165  of another jurisdiction, and the offender has previously been
  166  convicted of or found to have committed, or has pled nolo
  167  contendere or guilty to, regardless of adjudication, any
  168  violation of s. 393.135(2); s. 394.4593(2); s. 787.01, s.
  169  787.02, or s. 787.025(2)(c), where the victim is a minor and the
  170  defendant is not the victim’s parent or guardian; s.
  171  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
  172  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
  173  825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  174  847.0135(6); s. 847.0145; s. 916.1075(2); or s. 985.701(1); or a
  175  violation of a similar law of another jurisdiction;
  176         2. The offender has not received a pardon for any felony or
  177  similar law of another jurisdiction that is necessary for the
  178  operation of this paragraph; and
  179         3. A conviction of a felony or similar law of another
  180  jurisdiction necessary to the operation of this paragraph has
  181  not been set aside in any postconviction proceeding.
  182         (6) REGISTRATION.—
  183         (a) A sexual predator must register with the department
  184  through the sheriff’s office by providing the following
  185  information to the department:
  186         1. Name; social security number; age; race; sex; date of
  187  birth; height; weight; tattoos or other identifying marks; hair
  188  and eye color; photograph; address of legal residence and
  189  address of any current temporary residence, within the state or
  190  out of state, including a rural route address and a post office
  191  box; if no permanent or temporary address, any transient
  192  residence within the state; address, location or description,
  193  and dates of any current or known future temporary residence
  194  within the state or out of state; all any electronic mail
  195  addresses address and all Internet identifiers any instant
  196  message name required to be provided pursuant to subparagraph
  197  (g)4.; all home telephone numbers number and any cellular
  198  telephone numbers number; date and place of any employment; the
  199  make, model, color, registration number, and license tag number
  200  of all vehicles owned; date and place of each conviction;
  201  fingerprints; palm prints; and a brief description of the crime
  202  or crimes committed by the offender. A post office box shall not
  203  be provided in lieu of a physical residential address. The
  204  sexual predator must also produce his or her passport, if he or
  205  she has a passport, and, if he or she is an alien, must produce
  206  or provide information about documents establishing his or her
  207  immigration status. The sexual predator must also provide
  208  information about any professional licenses he or she may have.
  209         a. If the sexual predator’s place of residence is a motor
  210  vehicle, trailer, mobile home, or manufactured home, as defined
  211  in chapter 320, the sexual predator shall also provide to the
  212  department written notice of the vehicle identification number;
  213  the license tag number; the registration number; and a
  214  description, including color scheme, of the motor vehicle,
  215  trailer, mobile home, or manufactured home. If a sexual
  216  predator’s place of residence is a vessel, live-aboard vessel,
  217  or houseboat, as defined in chapter 327, the sexual predator
  218  shall also provide to the department written notice of the hull
  219  identification number; the manufacturer’s serial number; the
  220  name of the vessel, live-aboard vessel, or houseboat; the
  221  registration number; and a description, including color scheme,
  222  of the vessel, live-aboard vessel, or houseboat.
  223         b. If the sexual predator is enrolled, employed,
  224  volunteering, or carrying on a vocation at an institution of
  225  higher education in this state, the sexual predator shall also
  226  provide to the department the name, address, and county of each
  227  institution, including each campus attended, and the sexual
  228  predator’s enrollment, volunteer, or employment status. Each
  229  change in enrollment, volunteer, or employment status shall be
  230  reported in person at the sheriff’s office, or the Department of
  231  Corrections if the sexual predator is in the custody or control
  232  of or under the supervision of the Department of Corrections,
  233  within 48 hours after any change in status. The sheriff or the
  234  Department of Corrections shall promptly notify each institution
  235  of the sexual predator’s presence and any change in the sexual
  236  predator’s enrollment, volunteer, or employment status.
  237         2. Any other information determined necessary by the
  238  department, including criminal and corrections records;
  239  nonprivileged personnel and treatment records; and evidentiary
  240  genetic markers when available.
  241         (b) If the sexual predator is in the custody or control of,
  242  or under the supervision of, the Department of Corrections, or
  243  is in the custody of a private correctional facility, the sexual
  244  predator must register with the Department of Corrections. A
  245  sexual predator who is under the supervision of the Department
  246  of Corrections but who is not incarcerated must register with
  247  the Department of Corrections within 3 business days after the
  248  court finds the offender to be a sexual predator. The Department
  249  of Corrections shall provide to the department registration
  250  information and the location of, and local telephone number for,
  251  any Department of Corrections office that is responsible for
  252  supervising the sexual predator. In addition, the Department of
  253  Corrections shall notify the department if the sexual predator
  254  escapes or absconds from custody or supervision or if the sexual
  255  predator dies.
  256         (c) If the sexual predator is in the custody of a local
  257  jail, the custodian of the local jail shall register the sexual
  258  predator within 3 business days after intake of the sexual
  259  predator for any reason and upon release, and shall forward the
  260  registration information to the department. The custodian of the
  261  local jail shall also take a digitized photograph of the sexual
  262  predator while the sexual predator remains in custody and shall
  263  provide the digitized photograph to the department. The
  264  custodian shall notify the department if the sexual predator
  265  escapes from custody or dies.
  266         (d) If the sexual predator is under federal supervision,
  267  the federal agency responsible for supervising the sexual
  268  predator may forward to the department any information regarding
  269  the sexual predator which is consistent with the information
  270  provided by the Department of Corrections under this section,
  271  and may indicate whether use of the information is restricted to
  272  law enforcement purposes only or may be used by the department
  273  for purposes of public notification.
  274         (e)1. If the sexual predator is not in the custody or
  275  control of, or under the supervision of, the Department of
  276  Corrections or is not in the custody of a private correctional
  277  facility, the sexual predator shall register in person:
  278         a. At the sheriff’s office in the county where he or she
  279  establishes or maintains a residence within 48 hours after
  280  establishing or maintaining a residence in this state; and
  281         b. At the sheriff’s office in the county where he or she
  282  was designated a sexual predator by the court within 48 hours
  283  after such finding is made.
  284         2. Any change in the sexual predator’s permanent or
  285  temporary residence, name, or any electronic mail addresses, or
  286  Internet identifiers address and any instant message name
  287  required to be provided pursuant to subparagraph (g)4., after
  288  the sexual predator registers in person at the sheriff’s office
  289  as provided in subparagraph 1., shall be accomplished in the
  290  manner provided in paragraphs (g), (i), and (j). When a sexual
  291  predator registers with the sheriff’s office, the sheriff shall
  292  take a photograph, and a set of fingerprints, and palm prints of
  293  the predator and forward the photographs, palm prints, and
  294  fingerprints to the department, along with the information that
  295  the predator is required to provide pursuant to this section.
  296         (f) Within 48 hours after the registration required under
  297  paragraph (a) or paragraph (e), a sexual predator who is not
  298  incarcerated and who resides in the community, including a
  299  sexual predator under the supervision of the Department of
  300  Corrections, shall register in person at a driver driver’s
  301  license office of the Department of Highway Safety and Motor
  302  Vehicles and shall present proof of registration. At the driver
  303  driver’s license office the sexual predator shall:
  304         1. If otherwise qualified, secure a Florida driver driver’s
  305  license, renew a Florida driver driver’s license, or secure an
  306  identification card. The sexual predator shall identify himself
  307  or herself as a sexual predator who is required to comply with
  308  this section, provide his or her place of permanent, temporary,
  309  or transient residence, including a rural route address and a
  310  post office box, and submit to the taking of a photograph for
  311  use in issuing a driver driver’s license, renewed license, or
  312  identification card, and for use by the department in
  313  maintaining current records of sexual predators. A post office
  314  box shall not be provided in lieu of a physical residential
  315  address. If the sexual predator’s place of residence is a motor
  316  vehicle, trailer, mobile home, or manufactured home, as defined
  317  in chapter 320, the sexual predator shall also provide to the
  318  Department of Highway Safety and Motor Vehicles the vehicle
  319  identification number; the license tag number; the registration
  320  number; and a description, including color scheme, of the motor
  321  vehicle, trailer, mobile home, or manufactured home. If a sexual
  322  predator’s place of residence is a vessel, live-aboard vessel,
  323  or houseboat, as defined in chapter 327, the sexual predator
  324  shall also provide to the Department of Highway Safety and Motor
  325  Vehicles the hull identification number; the manufacturer’s
  326  serial number; the name of the vessel, live-aboard vessel, or
  327  houseboat; the registration number; and a description, including
  328  color scheme, of the vessel, live-aboard vessel, or houseboat.
  329         2. Pay the costs assessed by the Department of Highway
  330  Safety and Motor Vehicles for issuing or renewing a driver
  331  driver’s license or identification card as required by this
  332  section. The driver driver’s license or identification card
  333  issued to the sexual predator must be in compliance with s.
  334  322.141(3).
  335         3. Provide, upon request, any additional information
  336  necessary to confirm the identity of the sexual predator,
  337  including a set of fingerprints.
  338         (g)1. Each time a sexual predator’s driver driver’s license
  339  or identification card is subject to renewal, and, without
  340  regard to the status of the predator’s driver driver’s license
  341  or identification card, within 48 hours after any change of the
  342  predator’s residence or change in the predator’s name by reason
  343  of marriage or other legal process, the predator shall report in
  344  person to a driver driver’s license office and shall be subject
  345  to the requirements specified in paragraph (f). The Department
  346  of Highway Safety and Motor Vehicles shall forward to the
  347  department and to the Department of Corrections all photographs
  348  and information provided by sexual predators. Notwithstanding
  349  the restrictions set forth in s. 322.142, the Department of
  350  Highway Safety and Motor Vehicles is authorized to release a
  351  reproduction of a color-photograph or digital-image license to
  352  the Department of Law Enforcement for purposes of public
  353  notification of sexual predators as provided in this section. A
  354  sexual predator who is unable to secure or update a driver
  355  license or identification card with the Department of Highway
  356  Safety and Motor Vehicles as provided in paragraph (f) and this
  357  paragraph must also report any change of the predator’s
  358  residence or change in the predator’s name by reason of marriage
  359  or other legal process within 48 hours after the change to the
  360  sheriff’s office in the county where the predator resides or is
  361  located and provide confirmation that he or she reported such
  362  information to the Department of Highway Safety and Motor
  363  Vehicles.
  364         2. A sexual predator who vacates a permanent, temporary, or
  365  transient residence and fails to establish or maintain another
  366  permanent, temporary, or transient residence shall, within 48
  367  hours after vacating the permanent, temporary, or transient
  368  residence, report in person to the sheriff’s office of the
  369  county in which he or she is located. The sexual predator shall
  370  specify the date upon which he or she intends to or did vacate
  371  such residence. The sexual predator must provide or update all
  372  of the registration information required under paragraph (a).
  373  The sexual predator must provide an address for the residence or
  374  other place that he or she is or will be located during the time
  375  in which he or she fails to establish or maintain a permanent or
  376  temporary residence.
  377         3. A sexual predator who remains at a permanent, temporary,
  378  or transient residence after reporting his or her intent to
  379  vacate such residence shall, within 48 hours after the date upon
  380  which the predator indicated he or she would or did vacate such
  381  residence, report in person to the sheriff’s office to which he
  382  or she reported pursuant to subparagraph 2. for the purpose of
  383  reporting his or her address at such residence. When the sheriff
  384  receives the report, the sheriff shall promptly convey the
  385  information to the department. An offender who makes a report as
  386  required under subparagraph 2. but fails to make a report as
  387  required under this subparagraph commits a felony of the second
  388  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  389  775.084.
  390         4. A sexual predator must register all any electronic mail
  391  addresses and Internet identifiers address or instant message
  392  name with the department prior to using such electronic mail
  393  addresses and Internet identifiers address or instant message
  394  name on or after October 1, 2007. The department shall establish
  395  an online system through which sexual predators may securely
  396  access and update all electronic mail address and Internet
  397  identifier instant message name information.
  398         (h) The department must notify the sheriff and the state
  399  attorney of the county and, if applicable, the police chief of
  400  the municipality, where the sexual predator maintains a
  401  residence.
  402         (i) A sexual predator who intends to establish a permanent,
  403  temporary, or transient residence in another state or
  404  jurisdiction other than the State of Florida shall report in
  405  person to the sheriff of the county of current residence within
  406  48 hours before the date he or she intends to leave this state
  407  to establish residence in another state or jurisdiction or
  408  within 21 days before his or her planned departure date if the
  409  intended residence of 5 days or more is outside of the United
  410  States. The sexual predator must provide to the sheriff the
  411  address, municipality, county, and state, and country of
  412  intended residence. The sheriff shall promptly provide to the
  413  department the information received from the sexual predator.
  414  The department shall notify the statewide law enforcement
  415  agency, or a comparable agency, in the intended state, or
  416  jurisdiction, or country of residence of the sexual predator’s
  417  intended residence. The failure of a sexual predator to provide
  418  his or her intended place of residence is punishable as provided
  419  in subsection (10).
  420         (j) A sexual predator who indicates his or her intent to
  421  establish a permanent, temporary, or transient residence in
  422  another state, a or jurisdiction other than the State of
  423  Florida, or another country and later decides to remain in this
  424  state shall, within 48 hours after the date upon which the
  425  sexual predator indicated he or she would leave this state,
  426  report in person to the sheriff to which the sexual predator
  427  reported the intended change of residence, and report his or her
  428  intent to remain in this state. If the sheriff is notified by
  429  the sexual predator that he or she intends to remain in this
  430  state, the sheriff shall promptly report this information to the
  431  department. A sexual predator who reports his or her intent to
  432  establish a permanent, temporary, or transient residence in
  433  another state, a or jurisdiction other than the State of
  434  Florida, or another country, but who remains in this state
  435  without reporting to the sheriff in the manner required by this
  436  paragraph, commits a felony of the second degree, punishable as
  437  provided in s. 775.082, s. 775.083, or s. 775.084.
  438         (k)1. The department is responsible for the online
  439  maintenance of current information regarding each registered
  440  sexual predator. The department must maintain hotline access for
  441  state, local, and federal law enforcement agencies to obtain
  442  instantaneous locator file and offender characteristics
  443  information on all released registered sexual predators for
  444  purposes of monitoring, tracking, and prosecution. The
  445  photograph and fingerprints do not have to be stored in a
  446  computerized format.
  447         2. The department’s sexual predator registration list,
  448  containing the information described in subparagraph (a)1., is a
  449  public record. The department is authorized to disseminate this
  450  public information by any means deemed appropriate, including
  451  operating a toll-free telephone number for this purpose. When
  452  the department provides information regarding a registered
  453  sexual predator to the public, department personnel must advise
  454  the person making the inquiry that positive identification of a
  455  person believed to be a sexual predator cannot be established
  456  unless a fingerprint comparison is made, and that it is illegal
  457  to use public information regarding a registered sexual predator
  458  to facilitate the commission of a crime.
  459         3. The department shall adopt guidelines as necessary
  460  regarding the registration of sexual predators and the
  461  dissemination of information regarding sexual predators as
  462  required by this section.
  463         (l) A sexual predator must maintain registration with the
  464  department for the duration of his or her life, unless the
  465  sexual predator has received a full pardon or has had a
  466  conviction set aside in a postconviction proceeding for any
  467  offense that met the criteria for the sexual predator
  468  designation.
  469         (8) VERIFICATION.—The department and the Department of
  470  Corrections shall implement a system for verifying the addresses
  471  of sexual predators. The system must be consistent with the
  472  provisions of the federal Adam Walsh Child Protection and Safety
  473  Act of 2006 and any other federal standards applicable to such
  474  verification or required to be met as a condition for the
  475  receipt of federal funds by the state. The Department of
  476  Corrections shall verify the addresses of sexual predators who
  477  are not incarcerated but who reside in the community under the
  478  supervision of the Department of Corrections and shall report to
  479  the department any failure by a sexual predator to comply with
  480  registration requirements. County and local law enforcement
  481  agencies, in conjunction with the department, shall verify the
  482  addresses of sexual predators who are not under the care,
  483  custody, control, or supervision of the Department of
  484  Corrections. Local law enforcement agencies shall report to the
  485  department any failure by a sexual predator to comply with
  486  registration requirements.
  487         (a) A sexual predator must report in person each year
  488  during the month of the sexual predator’s birthday and during
  489  every third month thereafter to the sheriff’s office in the
  490  county in which he or she resides or is otherwise located to
  491  reregister. The sheriff’s office may determine the appropriate
  492  times and days for reporting by the sexual predator, which shall
  493  be consistent with the reporting requirements of this paragraph.
  494  Reregistration shall include any changes to the following
  495  information:
  496         1. Name; social security number; age; race; sex; date of
  497  birth; height; weight; tattoos or other identifying marks; hair
  498  and eye color; address of any permanent residence and address of
  499  any current temporary residence, within the state or out of
  500  state, including a rural route address and a post office box; if
  501  no permanent or temporary address, any transient residence
  502  within the state; address, location or description, and dates of
  503  any current or known future temporary residence within the state
  504  or out of state; any electronic mail addresses or Internet
  505  identifiers address and any instant message name required to be
  506  provided pursuant to subparagraph (6)(g)4.; home telephone
  507  numbers or number and any cellular telephone numbers number;
  508  date and place of any employment; the vehicle make, model,
  509  color, registration number, and license tag number of any
  510  vehicles owned; fingerprints; palm prints; and photograph. A
  511  post office box shall not be provided in lieu of a physical
  512  residential address. The sexual predator must also produce his
  513  or her passport, if he or she has a passport, and, if he or she
  514  is an alien, must produce or provide information about documents
  515  establishing his or her immigration status. The sexual predator
  516  must also provide information about any professional licenses he
  517  or she may have.
  518         2. If the sexual predator is enrolled, employed,
  519  volunteering, or carrying on a vocation at an institution of
  520  higher education in this state, the sexual predator shall also
  521  provide to the department the name, address, and county of each
  522  institution, including each campus attended, and the sexual
  523  predator’s enrollment, volunteer, or employment status.
  524         3. If the sexual predator’s place of residence is a motor
  525  vehicle, trailer, mobile home, or manufactured home, as defined
  526  in chapter 320, the sexual predator shall also provide the
  527  vehicle identification number; the license tag number; the
  528  registration number; and a description, including color scheme,
  529  of the motor vehicle, trailer, mobile home, or manufactured
  530  home. If the sexual predator’s place of residence is a vessel,
  531  live-aboard vessel, or houseboat, as defined in chapter 327, the
  532  sexual predator shall also provide the hull identification
  533  number; the manufacturer’s serial number; the name of the
  534  vessel, live-aboard vessel, or houseboat; the registration
  535  number; and a description, including color scheme, of the
  536  vessel, live-aboard vessel, or houseboat.
  537         (b) The sheriff’s office shall, within 2 working days,
  538  electronically submit and update all information provided by the
  539  sexual predator to the department in a manner prescribed by the
  540  department.
  541         (10) PENALTIES.—
  542         (a) Except as otherwise specifically provided, a sexual
  543  predator who fails to register; who fails, after registration,
  544  to maintain, acquire, or renew a driver driver’s license or
  545  identification card; who fails to provide required location
  546  information, electronic mail address information prior to use,
  547  Internet identifier instant message name information prior to
  548  use, all home telephone numbers number and any cellular
  549  telephone numbers number, or change-of-name information; who
  550  fails to make a required report in connection with vacating a
  551  permanent residence; who fails to reregister as required; who
  552  fails to respond to any address verification correspondence from
  553  the department within 3 weeks of the date of the correspondence;
  554  who knowingly provides false registration information by act or
  555  omission; or who otherwise fails, by act or omission, to comply
  556  with the requirements of this section, commits a felony of the
  557  third degree, punishable as provided in s. 775.082, s. 775.083,
  558  or s. 775.084.
  559         Section 3. Section 800.03, Florida Statutes, is amended to
  560  read:
  561         800.03 Exposure of sexual organs.—
  562         (1) It is unlawful to expose or exhibit one’s sexual organs
  563  in public or on the private premises of another, or so near
  564  thereto as to be seen from such private premises, in a vulgar or
  565  indecent manner, or to be naked in public except in any place
  566  provided or set apart for that purpose.
  567         (2)(a) Except as provided in paragraph (b), a violation of
  568  this section is a misdemeanor of the first degree, punishable as
  569  provided in s. 775.082 or s. 775.083.
  570         (b) A third or subsequent violation of this section is a
  571  felony of the third degree, punishable as provided in s.
  572  775.082, s. 775.083, or s. 775.084.
  573         (3) A mother’s breastfeeding of her baby does not under any
  574  circumstance violate this section.
  575         Section 4. Paragraph (m) is added to subsection (2) of
  576  section 903.046, Florida Statutes, to read:
  577         903.046 Purpose of and criteria for bail determination.—
  578         (2) When determining whether to release a defendant on bail
  579  or other conditions, and what that bail or those conditions may
  580  be, the court shall consider:
  581         (m) Whether the defendant, other than a defendant whose
  582  only criminal charge is a misdemeanor offense under chapter 316,
  583  is required to register as a sexual offender under s. 943.0435
  584  or a sexual predator under s. 775.21; and, if so, he or she is
  585  not eligible for release on bail or surety bond until the first
  586  appearance on the case in order to ensure the full participation
  587  of the prosecutor and the protection of the public.
  588         Section 5. Paragraphs (a) and (g) of subsection (1),
  589  subsection (2), paragraphs (a) and (d) of subsection (4),
  590  subsections (7), (8), and (11), and paragraph (c) of subsection
  591  (14) of section 943.0435, Florida Statutes, are amended to read:
  592         943.0435 Sexual offenders required to register with the
  593  department; penalty.—
  594         (1) As used in this section, the term:
  595         (a)1. “Sexual offender” means a person who meets the
  596  criteria in sub-subparagraph a., sub-subparagraph b., sub
  597  subparagraph c., or sub-subparagraph d., as follows:
  598         a.(I) Has been convicted of committing, or attempting,
  599  soliciting, or conspiring to commit, any of the criminal
  600  offenses proscribed in the following statutes in this state or
  601  similar offenses in another jurisdiction: s. 393.135(2); s.
  602  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  603  the victim is a minor and the defendant is not the victim’s
  604  parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
  605  794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
  606  796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
  607  847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
  608  847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any
  609  similar offense committed in this state which has been
  610  redesignated from a former statute number to one of those listed
  611  in this sub-sub-subparagraph; and
  612         (II) Has been released on or after October 1, 1997, from
  613  the sanction imposed for any conviction of an offense described
  614  in sub-sub-subparagraph (I). For purposes of sub-sub
  615  subparagraph (I), a sanction imposed in this state or in any
  616  other jurisdiction includes, but is not limited to, a fine,
  617  probation, community control, parole, conditional release,
  618  control release, or incarceration in a state prison, federal
  619  prison, private correctional facility, or local detention
  620  facility;
  621         b. Establishes or maintains a residence in this state and
  622  who has not been designated as a sexual predator by a court of
  623  this state but who has been designated as a sexual predator, as
  624  a sexually violent predator, or by another sexual offender
  625  designation in another state or jurisdiction and was, as a
  626  result of such designation, subjected to registration or
  627  community or public notification, or both, or would be if the
  628  person were a resident of that state or jurisdiction, without
  629  regard to whether the person otherwise meets the criteria for
  630  registration as a sexual offender;
  631         c. Establishes or maintains a residence in this state who
  632  is in the custody or control of, or under the supervision of,
  633  any other state or jurisdiction as a result of a conviction for
  634  committing, or attempting, soliciting, or conspiring to commit,
  635  any of the criminal offenses proscribed in the following
  636  statutes or similar offense in another jurisdiction: s.
  637  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  638  787.025(2)(c), where the victim is a minor and the defendant is
  639  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  640  (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
  641  796.03; s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
  642  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  643  847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
  644  985.701(1); or any similar offense committed in this state which
  645  has been redesignated from a former statute number to one of
  646  those listed in this sub-subparagraph; or
  647         d. On or after July 1, 2007, has been adjudicated
  648  delinquent for committing, or attempting, soliciting, or
  649  conspiring to commit, any of the criminal offenses proscribed in
  650  the following statutes in this state or similar offenses in
  651  another jurisdiction when the juvenile was 14 years of age or
  652  older at the time of the offense:
  653         (I) Section 794.011, excluding s. 794.011(10);
  654         (II) Section 800.04(4)(b) where the victim is under 12
  655  years of age or where the court finds sexual activity by the use
  656  of force or coercion;
  657         (III) Section 800.04(5)(c)1. where the court finds
  658  molestation involving unclothed genitals; or
  659         (IV) Section 800.04(5)(d) where the court finds the use of
  660  force or coercion and unclothed genitals.
  661         2. For all qualifying offenses listed in sub-subparagraph
  662  (1)(a)1.d., the court shall make a written finding of the age of
  663  the offender at the time of the offense.
  664  
  665  For each violation of a qualifying offense listed in this
  666  subsection, except for a violation of s. 794.011, the court
  667  shall make a written finding of the age of the victim at the
  668  time of the offense. For a violation of s. 800.04(4), the court
  669  shall additionally make a written finding indicating that the
  670  offense did or did not involve sexual activity and indicating
  671  that the offense did or did not involve force or coercion. For a
  672  violation of s. 800.04(5), the court shall additionally make a
  673  written finding that the offense did or did not involve
  674  unclothed genitals or genital area and that the offense did or
  675  did not involve the use of force or coercion.
  676         (g) “Internet identifier Instant message name” has the same
  677  meaning as provided in s. 775.21 means an identifier that allows
  678  a person to communicate in real time with another person using
  679  the Internet.
  680         (2) A sexual offender shall:
  681         (a) Report in person at the sheriff’s office:
  682         1. In the county in which the offender establishes or
  683  maintains a permanent, temporary, or transient residence within
  684  48 hours after:
  685         a. Establishing permanent, temporary, or transient
  686  residence in this state; or
  687         b. Being released from the custody, control, or supervision
  688  of the Department of Corrections or from the custody of a
  689  private correctional facility; or
  690         2. In the county where he or she was convicted within 48
  691  hours after being convicted for a qualifying offense for
  692  registration under this section if the offender is not in the
  693  custody or control of, or under the supervision of, the
  694  Department of Corrections, or is not in the custody of a private
  695  correctional facility.
  696  
  697  Any change in the information required to be provided pursuant
  698  to paragraph (b), including, but not limited to, any change in
  699  the sexual offender’s permanent, temporary, or transient
  700  residence, name, any electronic mail addresses, or Internet
  701  identifiers address and any instant message name required to be
  702  provided pursuant to paragraph (4)(d), after the sexual offender
  703  reports in person at the sheriff’s office, shall be accomplished
  704  in the manner provided in subsections (4), (7), and (8).
  705         (b) Provide his or her name; date of birth; social security
  706  number; race; sex; height; weight; hair and eye color; tattoos
  707  or other identifying marks; occupation and place of employment;
  708  address of permanent or legal residence or address of any
  709  current temporary residence, within the state or out of state,
  710  including a rural route address and a post office box; if no
  711  permanent or temporary address, any transient residence within
  712  the state, address, location or description, and dates of any
  713  current or known future temporary residence within the state or
  714  out of state; the make, model, color, registration number, and
  715  license tag number of all vehicles owned; all home telephone
  716  numbers number and any cellular telephone numbers number; all
  717  any electronic mail addresses address and all Internet
  718  identifiers any instant message name required to be provided
  719  pursuant to paragraph (4)(d); fingerprints; palm prints;
  720  photograph; date and place of each conviction; and a brief
  721  description of the crime or crimes committed by the offender. A
  722  post office box shall not be provided in lieu of a physical
  723  residential address. The sexual offender must also produce his
  724  or her passport, if he or she has a passport, and, if he or she
  725  is an alien, must produce or provide information about documents
  726  establishing his or her immigration status. The sexual offender
  727  must also provide information about any professional licenses he
  728  or she may have.
  729         1. If the sexual offender’s place of residence is a motor
  730  vehicle, trailer, mobile home, or manufactured home, as defined
  731  in chapter 320, the sexual offender shall also provide to the
  732  department through the sheriff’s office written notice of the
  733  vehicle identification number; the license tag number; the
  734  registration number; and a description, including color scheme,
  735  of the motor vehicle, trailer, mobile home, or manufactured
  736  home. If the sexual offender’s place of residence is a vessel,
  737  live-aboard vessel, or houseboat, as defined in chapter 327, the
  738  sexual offender shall also provide to the department written
  739  notice of the hull identification number; the manufacturer’s
  740  serial number; the name of the vessel, live-aboard vessel, or
  741  houseboat; the registration number; and a description, including
  742  color scheme, of the vessel, live-aboard vessel, or houseboat.
  743         2. If the sexual offender is enrolled, employed,
  744  volunteering, or carrying on a vocation at an institution of
  745  higher education in this state, the sexual offender shall also
  746  provide to the department through the sheriff’s office the name,
  747  address, and county of each institution, including each campus
  748  attended, and the sexual offender’s enrollment, volunteer, or
  749  employment status. Each change in enrollment, volunteer, or
  750  employment status shall be reported in person at the sheriff’s
  751  office, within 48 hours after any change in status. The sheriff
  752  shall promptly notify each institution of the sexual offender’s
  753  presence and any change in the sexual offender’s enrollment,
  754  volunteer, or employment status.
  755         (c) Provide any other information determined necessary by
  756  the department, including criminal and corrections records;
  757  nonprivileged personnel and treatment records; and evidentiary
  758  genetic markers, when available.
  759  
  760  When a sexual offender reports at the sheriff’s office, the
  761  sheriff shall take a photograph, and a set of fingerprints, and
  762  palm prints of the offender and forward the photographs, palm
  763  prints, and fingerprints to the department, along with the
  764  information provided by the sexual offender. The sheriff shall
  765  promptly provide to the department the information received from
  766  the sexual offender.
  767         (4)(a) Each time a sexual offender’s driver driver’s
  768  license or identification card is subject to renewal, and,
  769  without regard to the status of the offender’s driver driver’s
  770  license or identification card, within 48 hours after any change
  771  in the offender’s permanent, temporary, or transient residence
  772  or change in the offender’s name by reason of marriage or other
  773  legal process, the offender shall report in person to a driver
  774  driver’s license office, and shall be subject to the
  775  requirements specified in subsection (3). The Department of
  776  Highway Safety and Motor Vehicles shall forward to the
  777  department all photographs and information provided by sexual
  778  offenders. Notwithstanding the restrictions set forth in s.
  779  322.142, the Department of Highway Safety and Motor Vehicles is
  780  authorized to release a reproduction of a color-photograph or
  781  digital-image license to the Department of Law Enforcement for
  782  purposes of public notification of sexual offenders as provided
  783  in this section and ss. 943.043 and 944.606. A sexual offender
  784  who is unable to secure or update a driver license or
  785  identification card with the Department of Highway Safety and
  786  Motor Vehicles as provided in subsection (3) and this subsection
  787  must also report any change in the sexual offender’s permanent,
  788  temporary, or transient residence or change in the offender’s
  789  name by reason of marriage or other legal process within 48
  790  hours after the change to the sheriff’s office in the county
  791  where the offender resides or is located and provide
  792  confirmation that he or she reported such information to the
  793  Department of Highway Safety and Motor Vehicles.
  794         (d) A sexual offender must register all any electronic mail
  795  addresses and Internet identifiers address or instant message
  796  name with the department prior to using such electronic mail
  797  addresses and Internet identifiers address or instant message
  798  name on or after October 1, 2007. The department shall establish
  799  an online system through which sexual offenders may securely
  800  access and update all electronic mail address and Internet
  801  identifier instant message name information.
  802         (7) A sexual offender who intends to establish a permanent,
  803  temporary, or transient residence in another state or
  804  jurisdiction other than the State of Florida shall report in
  805  person to the sheriff of the county of current residence within
  806  48 hours before the date he or she intends to leave this state
  807  to establish residence in another state or jurisdiction or
  808  within 21 days before his or her planned departure date if the
  809  intended residence of 5 days or more is outside of the United
  810  States. The notification must include the address, municipality,
  811  county, and state, and country of intended residence. The
  812  sheriff shall promptly provide to the department the information
  813  received from the sexual offender. The department shall notify
  814  the statewide law enforcement agency, or a comparable agency, in
  815  the intended state, or jurisdiction, or country of residence of
  816  the sexual offender’s intended residence. The failure of a
  817  sexual offender to provide his or her intended place of
  818  residence is punishable as provided in subsection (9).
  819         (8) A sexual offender who indicates his or her intent to
  820  establish a permanent, temporary, or transient residence in
  821  another state, a or jurisdiction other than the State of
  822  Florida, or another country and later decides to remain in this
  823  state shall, within 48 hours after the date upon which the
  824  sexual offender indicated he or she would leave this state,
  825  report in person to the sheriff to which the sexual offender
  826  reported the intended change of permanent, temporary, or
  827  transient residence, and report his or her intent to remain in
  828  this state. The sheriff shall promptly report this information
  829  to the department. A sexual offender who reports his or her
  830  intent to establish a permanent, temporary, or transient
  831  residence in another state, a or jurisdiction other than the
  832  State of Florida, or another country but who remains in this
  833  state without reporting to the sheriff in the manner required by
  834  this subsection commits a felony of the second degree,
  835  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  836         (11) Except as provided in this subsection and s.
  837  943.04354, a sexual offender must maintain registration with the
  838  department for the duration of his or her life, unless the
  839  sexual offender has received a full pardon or has had a
  840  conviction set aside in a postconviction proceeding for any
  841  offense that meets the criteria for classifying the person as a
  842  sexual offender for purposes of registration. However, a sexual
  843  offender:
  844         (a)1. A sexual offender may petition the criminal division
  845  of the circuit court of the circuit in which the sexual offender
  846  resides for the purpose of removing the requirement for
  847  registration as a sexual offender if Who has been lawfully
  848  released from confinement, supervision, or sanction, whichever
  849  is later, for at least 25 years and has not been arrested for
  850  any felony or misdemeanor offense since release, provided that
  851  the sexual offender’s requirement to register was not based upon
  852  an adult conviction:
  853         a. Twenty-five years have elapsed since the sexual
  854  offender’s registration period for the most recent conviction
  855  that required the offender to register began;
  856         b. The sexual offender has not been convicted or
  857  adjudicated delinquent of any felony offense or of an offense
  858  punishable by more than 1 year of imprisonment during the 25
  859  years preceding the petition to the court;
  860         c. The sexual offender has successfully completed all
  861  sanctions imposed for all offenses that required the offender to
  862  register;
  863         d. The sexual offender’s requirement to register was not
  864  based upon an adult conviction for a violation of s. 787.01, s.
  865  794.011, excluding s. 794.011(10), s. 800.04(4)(b) where the
  866  court finds the offense involved a victim under 12 years of age
  867  or sexual activity by the use of force or coercion, s.
  868  800.04(5)(b), or s. 800.04(5)(c)2. where the court finds the
  869  offense involved unclothed genitals or genital area; for any
  870  attempt or conspiracy to commit any offense listed in this sub
  871  subparagraph; or for a violation of similar law of another
  872  jurisdiction; and
  873         e. For sexual offenders whose requirement to register is
  874  based upon a conviction in another state, the sexual offender is
  875  not required to register as a sexual offender pursuant to the
  876  laws of the state where the conviction occurred. Such an
  877  offender must provide the court written confirmation that he or
  878  she is not required to register in the state where the
  879  conviction occurred.
  880         a. For a violation of s. 787.01 or s. 787.02;
  881         b. For a violation of s. 794.011, excluding s. 794.011(10);
  882         c. For a violation of s. 800.04(4)(b) where the court finds
  883  the offense involved a victim under 12 years of age or sexual
  884  activity by the use of force or coercion;
  885         d. For a violation of s. 800.04(5)(b);
  886         e. For a violation of s. 800.04(5)c.2. where the court
  887  finds the offense involved unclothed genitals or genital area;
  888         f. For any attempt or conspiracy to commit any such
  889  offense; or
  890         g. For a violation of similar law of another jurisdiction,
  891  may petition the criminal division of the circuit court of the
  892  circuit in which the sexual offender resides for the purpose of
  893  removing the requirement for registration as a sexual offender.
  894         2. A sexual offender whose requirement to register was
  895  based upon an adult conviction for a violation of s. 787.02 or
  896  s. 827.071(5), for any attempt or conspiracy to commit any
  897  offense listed in this subparagraph, or for a violation of
  898  similar law of another jurisdiction, may petition the criminal
  899  division of the circuit court of the circuit in which the sexual
  900  offender resides for the purpose of removing the requirement for
  901  registration as a sexual offender if:
  902         a. Fifteen years have elapsed since the sexual offender’s
  903  registration period for the most recent conviction that required
  904  the offender to register began;
  905         b. The sexual offender has not been convicted or
  906  adjudicated delinquent of any felony offense or of an offense
  907  punishable by more than 1 year of imprisonment during the 10
  908  years preceding the petition to the court;
  909         c. The sexual offender has successfully completed all
  910  sanctions imposed for all offenses that required the offender to
  911  register; and
  912         d. For sexual offenders whose requirement to register is
  913  based upon a conviction in another state, the sexual offender is
  914  not required to register as a sexual offender pursuant to the
  915  laws of the state where the conviction occurred. Such an
  916  offender must provide the court written confirmation that he or
  917  she is not required to register in the state where the
  918  conviction occurred.
  919         3. A sexual offender required to register under sub
  920  subparagraph (1)(a)1.d. may petition the criminal division of
  921  the circuit court of the circuit in which the sexual offender
  922  resides for the purpose of removing the requirement for
  923  registration as a sexual offender if:
  924         a. Twenty-five years have elapsed since the sexual
  925  offender’s registration period for the most recent adjudication
  926  that required the offender to register began;
  927         b. The sexual offender has not been convicted or
  928  adjudicated delinquent of any felony offense or of an offense
  929  punishable by more than 1 year of imprisonment during the 25
  930  years preceding the petition to the court; and
  931         c. The sexual offender has successfully completed all
  932  sanctions imposed for any offense that required the offender to
  933  register.
  934         4.2. The court may grant or deny relief if the offender
  935  demonstrates to the court that he or she has not been arrested
  936  for any crime since release; the requested relief complies with
  937  this paragraph, the provisions of the federal Adam Walsh Child
  938  Protection and Safety Act of 2006, and any other federal
  939  standards applicable to the removal of registration requirements
  940  for a sexual offender or required to be met as a condition for
  941  the receipt of federal funds by the state; and the court is
  942  otherwise satisfied that the offender is not a current or
  943  potential threat to public safety. The state attorney in the
  944  circuit in which the petition is filed and the department must
  945  be given notice of the petition at least 3 weeks before the
  946  hearing on the matter. The state attorney may present evidence
  947  in opposition to the requested relief or may otherwise
  948  demonstrate the reasons why the petition should be denied. If
  949  the court grants the petition, the court shall instruct the
  950  petitioner to provide the department with a certified copy of
  951  the order granting relief. If the court denies the petition, the
  952  court may set a future date at which the sexual offender may
  953  again petition the court for relief, subject to the standards
  954  for relief provided in this subsection.
  955         5.3. The department shall remove an offender from
  956  classification as a sexual offender for purposes of registration
  957  if the offender provides to the department a certified copy of
  958  the court’s written findings or order that indicates that the
  959  offender is no longer required to comply with the requirements
  960  for registration as a sexual offender.
  961         6. For purposes of this paragraph:
  962         a. The registration period of a sexual offender sentenced
  963  to a term of incarceration or committed to a residential program
  964  begins upon the offender’s release from incarceration or
  965  commitment for the most recent conviction that required the
  966  offender to register.
  967         b. A sexual offender’s registration period is tolled during
  968  any period in which the offender is incarcerated, civilly
  969  committed, detained pursuant to chapter 985, or committed to a
  970  residential program.
  971         (b) A sexual offender as defined in sub-subparagraph
  972  (1)(a)1.b. must maintain registration with the department for
  973  the duration of his or her life until the person provides the
  974  department with an order issued by the court that designated the
  975  person as a sexual predator, as a sexually violent predator, or
  976  by another sexual offender designation in the state or
  977  jurisdiction in which the order was issued which states that
  978  such designation has been removed or demonstrates to the
  979  department that such designation, if not imposed by a court, has
  980  been removed by operation of law or court order in the state or
  981  jurisdiction in which the designation was made, and provided
  982  such person no longer meets the criteria for registration as a
  983  sexual offender under the laws of this state.
  984         (14)
  985         (c) The sheriff’s office may determine the appropriate
  986  times and days for reporting by the sexual offender, which shall
  987  be consistent with the reporting requirements of this
  988  subsection. Reregistration shall include any changes to the
  989  following information:
  990         1. Name; social security number; age; race; sex; date of
  991  birth; height; weight; hair and eye color; address of any
  992  permanent residence and address of any current temporary
  993  residence, within the state or out of state, including a rural
  994  route address and a post office box; if no permanent or
  995  temporary address, any transient residence within the state;
  996  address, location or description, and dates of any current or
  997  known future temporary residence within the state or out of
  998  state; any electronic mail addresses or Internet identifiers
  999  address and any instant message name required to be provided
 1000  pursuant to paragraph (4)(d); home telephone numbers or number
 1001  and any cellular telephone numbers number; date and place of any
 1002  employment; the vehicle make, model, color, registration number,
 1003  and license tag number of any vehicles owned; fingerprints; palm
 1004  prints; and photograph. A post office box may shall not be
 1005  provided in lieu of a physical residential address. The sexual
 1006  offender must also produce his or her passport, if he or she has
 1007  a passport, and, if he or she is an alien, must produce or
 1008  provide information about documents establishing his or her
 1009  immigration status. The sexual offender must also provide
 1010  information about any professional licenses he or she may have.
 1011         2. If the sexual offender is enrolled, volunteering,
 1012  employed, or carrying on a vocation at an institution of higher
 1013  education in this state, the sexual offender shall also provide
 1014  to the department the name, address, and county of each
 1015  institution, including each campus attended, and the sexual
 1016  offender’s enrollment, volunteer, or employment status.
 1017         3. If the sexual offender’s place of residence is a motor
 1018  vehicle, trailer, mobile home, or manufactured home, as defined
 1019  in chapter 320, the sexual offender shall also provide the
 1020  vehicle identification number; the license tag number; the
 1021  registration number; and a description, including color scheme,
 1022  of the motor vehicle, trailer, mobile home, or manufactured
 1023  home. If the sexual offender’s place of residence is a vessel,
 1024  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1025  sexual offender shall also provide the hull identification
 1026  number; the manufacturer’s serial number; the name of the
 1027  vessel, live-aboard vessel, or houseboat; the registration
 1028  number; and a description, including color scheme, of the
 1029  vessel, live-aboard vessel or houseboat.
 1030         4. Any sexual offender who fails to report in person as
 1031  required at the sheriff’s office, or who fails to respond to any
 1032  address verification correspondence from the department within 3
 1033  weeks of the date of the correspondence, or who fails to report
 1034  all electronic mail addresses and all Internet identifiers prior
 1035  to use or instant message names, or who knowingly provides false
 1036  registration information by act or omission commits a felony of
 1037  the third degree, punishable as provided in s. 775.082, s.
 1038  775.083, or s. 775.084.
 1039         Section 6. Section 943.04351, Florida Statutes, is amended
 1040  to read:
 1041         943.04351 Search of registration information regarding
 1042  sexual predators and sexual offenders required prior to
 1043  appointment or employment.—A state agency or governmental
 1044  subdivision, prior to making any decision to appoint or employ a
 1045  person to work, whether for compensation or as a volunteer, at
 1046  any park, playground, day care center, or other place where
 1047  children regularly congregate, must conduct a search of that
 1048  person’s name or other identifying information against the
 1049  registration information regarding sexual predators and sexual
 1050  offenders maintained by the Department of Law Enforcement under
 1051  s. 943.043. The agency or governmental subdivision may conduct
 1052  the search using the Internet site maintained by the Department
 1053  of Law Enforcement. Also, a national search must be conducted
 1054  through the Dru Sjodin National Sex Offender Public Website
 1055  maintained by the United States Department of Justice. This
 1056  section does not apply to those positions or appointments within
 1057  a state agency or governmental subdivision for which a state and
 1058  national criminal history background check is conducted.
 1059         Section 7. Section 943.04354, Florida Statutes, is amended
 1060  to read:
 1061         943.04354 Removal of the requirement to register as a
 1062  sexual offender or sexual predator in special circumstances.—
 1063         (1) For purposes of this section, a person shall be
 1064  considered for removal of the requirement to register as a
 1065  sexual offender or sexual predator only if the person:
 1066         (a) Was or will be convicted, regardless of adjudication,
 1067  or adjudicated delinquent of a violation of s. 794.011, s.
 1068  800.04, s. 827.071, or s. 847.0135(5), or a similar offense in
 1069  another jurisdiction, or the person committed a violation of s.
 1070  794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
 1071  adjudication of guilt was or will be withheld, and the person
 1072  does not have any other conviction, regardless of adjudication,
 1073  or adjudication of delinquency, or withhold of adjudication of
 1074  guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
 1075  s. 847.0135(5), or a similar offense in another jurisdiction;
 1076         (b)1. Was convicted, regardless of adjudication, or
 1077  adjudicated delinquent of an offense listed in paragraph (a) and
 1078  is required to register as a sexual offender or sexual predator
 1079  solely on the basis of this conviction or adjudication
 1080  violation; or and
 1081         2. Was convicted, regardless of adjudication, or
 1082  adjudicated delinquent of an offense in another jurisdiction
 1083  that is similar to an offense listed in paragraph (a) and no
 1084  longer meets the criteria for registration as a sexual offender
 1085  or sexual predator under the laws of the jurisdiction where the
 1086  similar offense occurred; and
 1087         (c) Is not more than 4 years older than the victim of this
 1088  violation who was 13 14 years of age or older but less not more
 1089  than 18 17 years of age at the time the person committed this
 1090  violation.
 1091         (2) If a person meets the criteria in subsection (1) and
 1092  the violation of s. 794.011, s. 800.04, s. 827.071, or s.
 1093  847.0135(5) was committed on or after July 1, 2007, the person
 1094  may move the criminal court of the circuit in which the offense
 1095  occurred or the sentencing court or, for persons convicted or
 1096  adjudicated delinquent of a qualifying offense in another
 1097  jurisdiction, the criminal circuit court of the circuit in which
 1098  the person resides that will sentence or dispose of this
 1099  violation to remove the requirement that the person register as
 1100  a sexual offender or sexual predator. The person must allege in
 1101  the motion that he or she meets the criteria in subsection (1)
 1102  and that removal of the registration requirement will not
 1103  conflict with federal law. Persons convicted or adjudicated
 1104  delinquent of an offense in another jurisdiction that is similar
 1105  to an offense listed in paragraph (1)(a) must provide the court
 1106  written confirmation that he or she is not required to register
 1107  in the state where the conviction or adjudication occurred. The
 1108  state attorney and the department must be given notice of the
 1109  motion at least 21 days before the date of sentencing, or
 1110  disposition of the this violation, or hearing on the motion and
 1111  may present evidence in opposition to the requested relief or
 1112  may otherwise demonstrate why the motion should be denied. At
 1113  sentencing, or disposition of the this violation, or hearing on
 1114  the motion, the court shall rule on this motion and, if the
 1115  court determines the person meets the criteria in subsection (1)
 1116  and the removal of the registration requirement will not
 1117  conflict with federal law, it may grant the motion and order the
 1118  removal of the registration requirement. The court shall
 1119  instruct the person to provide the department a certified copy
 1120  of the order granting relief. If the court denies the motion,
 1121  the person is not authorized under this section to file another
 1122  motion petition for removal of the registration requirement.
 1123         (3)(a) This subsection applies to a person who:
 1124         1. Is not a person described in subsection (2) because the
 1125  violation of s. 794.011, s. 800.04, or s. 827.071 was not
 1126  committed on or after July 1, 2007;
 1127         2. Is subject to registration as a sexual offender or
 1128  sexual predator for a violation of s. 794.011, s. 800.04, or s.
 1129  827.071; and
 1130         3. Meets the criteria in subsection (1).
 1131         (b) A person may petition the court in which the sentence
 1132  or disposition for the violation of s. 794.011, s. 800.04, or s.
 1133  827.071 occurred for removal of the requirement to register as a
 1134  sexual offender or sexual predator. The person must allege in
 1135  the petition that he or she meets the criteria in subsection (1)
 1136  and removal of the registration requirement will not conflict
 1137  with federal law. The state attorney must be given notice of the
 1138  petition at least 21 days before the hearing on the petition and
 1139  may present evidence in opposition to the requested relief or
 1140  may otherwise demonstrate why the petition should be denied. The
 1141  court shall rule on the petition and, if the court determines
 1142  the person meets the criteria in subsection (1) and removal of
 1143  the registration requirement will not conflict with federal law,
 1144  it may grant the petition and order the removal of the
 1145  registration requirement. If the court denies the petition, the
 1146  person is not authorized under this section to file any further
 1147  petition for removal of the registration requirement.
 1148         (3)(4) If a person provides to the Department of Law
 1149  Enforcement a certified copy of the court’s order removing the
 1150  requirement that the person register as a sexual offender or
 1151  sexual predator for the violation of s. 794.011, s. 800.04, s.
 1152  827.071, or s. 847.0135(5), or a similar offense in another
 1153  jurisdiction, the registration requirement will not apply to the
 1154  person and the department shall remove all information about the
 1155  person from the public registry of sexual offenders and sexual
 1156  predators maintained by the department. However, the removal of
 1157  this information from the public registry does not mean that the
 1158  public is denied access to information about the person’s
 1159  criminal history or record that is otherwise available as a
 1160  public record.
 1161         Section 8. Subsection (2) and paragraph (a) of subsection
 1162  (3) of section 943.0437, Florida Statutes, are amended to read:
 1163         943.0437 Commercial social networking websites.—
 1164         (2) The department may provide information relating to
 1165  electronic mail addresses and Internet identifiers instant
 1166  message names maintained as part of the sexual offender registry
 1167  to commercial social networking websites or third parties
 1168  designated by commercial social networking websites. The
 1169  commercial social networking website may use this information
 1170  for the purpose of comparing registered users and screening
 1171  potential users of the commercial social networking website
 1172  against the list of electronic mail addresses and Internet
 1173  identifiers instant message names provided by the department.
 1174         (3) This section shall not be construed to impose any civil
 1175  liability on a commercial social networking website for:
 1176         (a) Any action voluntarily taken in good faith to remove or
 1177  disable any profile of a registered user associated with an
 1178  electronic mail address or Internet identifier instant message
 1179  name contained in the sexual offender registry.
 1180         Section 9. Paragraphs (b) and (d) of subsection (1) and
 1181  paragraph (a) of subsection (3) of section 944.606, Florida
 1182  Statutes, are amended to read:
 1183         944.606 Sexual offenders; notification upon release.—
 1184         (1) As used in this section:
 1185         (b) “Sexual offender” means a person who has been convicted
 1186  of committing, or attempting, soliciting, or conspiring to
 1187  commit, any of the criminal offenses proscribed in the following
 1188  statutes in this state or similar offenses in another
 1189  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1190  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1191  defendant is not the victim’s parent or guardian; s.
 1192  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
 1193  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1194  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1195  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1196  s. 916.1075(2); or s. 985.701(1); or any similar offense
 1197  committed in this state which has been redesignated from a
 1198  former statute number to one of those listed in this subsection,
 1199  when the department has received verified information regarding
 1200  such conviction; an offender’s computerized criminal history
 1201  record is not, in and of itself, verified information.
 1202         (d) “Internet identifier Instant message name” has the same
 1203  meaning as provided in s. 775.21 means an identifier that allows
 1204  a person to communicate in real time with another person using
 1205  the Internet.
 1206         (3)(a) The department must provide information regarding
 1207  any sexual offender who is being released after serving a period
 1208  of incarceration for any offense, as follows:
 1209         1. The department must provide: the sexual offender’s name,
 1210  any change in the offender’s name by reason of marriage or other
 1211  legal process, and any alias, if known; the correctional
 1212  facility from which the sexual offender is released; the sexual
 1213  offender’s social security number, race, sex, date of birth,
 1214  height, weight, and hair and eye color; address of any planned
 1215  permanent residence or temporary residence, within the state or
 1216  out of state, including a rural route address and a post office
 1217  box; if no permanent or temporary address, any transient
 1218  residence within the state; address, location or description,
 1219  and dates of any known future temporary residence within the
 1220  state or out of state; date and county of sentence and each
 1221  crime for which the offender was sentenced; a copy of the
 1222  offender’s fingerprints, palm prints, and a digitized photograph
 1223  taken within 60 days before release; the date of release of the
 1224  sexual offender; all any electronic mail addresses address and
 1225  all Internet identifiers any instant message name required to be
 1226  provided pursuant to s. 943.0435(4)(d); all and home telephone
 1227  numbers number and any cellular telephone numbers; information
 1228  about any professional licenses the offender may have, if known;
 1229  and passport information, if he or she has a passport, and, if
 1230  he or she is an alien, information about documents establishing
 1231  his or her immigration status number. The department shall
 1232  notify the Department of Law Enforcement if the sexual offender
 1233  escapes, absconds, or dies. If the sexual offender is in the
 1234  custody of a private correctional facility, the facility shall
 1235  take the digitized photograph of the sexual offender within 60
 1236  days before the sexual offender’s release and provide this
 1237  photograph to the Department of Corrections and also place it in
 1238  the sexual offender’s file. If the sexual offender is in the
 1239  custody of a local jail, the custodian of the local jail shall
 1240  register the offender within 3 business days after intake of the
 1241  offender for any reason and upon release, and shall notify the
 1242  Department of Law Enforcement of the sexual offender’s release
 1243  and provide to the Department of Law Enforcement the information
 1244  specified in this paragraph and any information specified in
 1245  subparagraph 2. that the Department of Law Enforcement requests.
 1246         2. The department may provide any other information deemed
 1247  necessary, including criminal and corrections records,
 1248  nonprivileged personnel and treatment records, when available.
 1249         Section 10. Paragraphs (a) and (f) of subsection (1),
 1250  subsection (4), and paragraph (c) of subsection (13) of section
 1251  944.607, Florida Statutes, are amended to read:
 1252         944.607 Notification to Department of Law Enforcement of
 1253  information on sexual offenders.—
 1254         (1) As used in this section, the term:
 1255         (a) “Sexual offender” means a person who is in the custody
 1256  or control of, or under the supervision of, the department or is
 1257  in the custody of a private correctional facility:
 1258         1. On or after October 1, 1997, as a result of a conviction
 1259  for committing, or attempting, soliciting, or conspiring to
 1260  commit, any of the criminal offenses proscribed in the following
 1261  statutes in this state or similar offenses in another
 1262  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1263  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1264  defendant is not the victim’s parent or guardian; s.
 1265  787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
 1266  794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
 1267  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
 1268  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
 1269  s. 916.1075(2); or s. 985.701(1); or any similar offense
 1270  committed in this state which has been redesignated from a
 1271  former statute number to one of those listed in this paragraph;
 1272  or
 1273         2. Who establishes or maintains a residence in this state
 1274  and who has not been designated as a sexual predator by a court
 1275  of this state but who has been designated as a sexual predator,
 1276  as a sexually violent predator, or by another sexual offender
 1277  designation in another state or jurisdiction and was, as a
 1278  result of such designation, subjected to registration or
 1279  community or public notification, or both, or would be if the
 1280  person were a resident of that state or jurisdiction, without
 1281  regard as to whether the person otherwise meets the criteria for
 1282  registration as a sexual offender.
 1283         (f) “Internet identifier Instant message name” has the same
 1284  meaning as provided in s. 775.21 means an identifier that allows
 1285  a person to communicate in real time with another person using
 1286  the Internet.
 1287         (4) A sexual offender, as described in this section, who is
 1288  under the supervision of the Department of Corrections but is
 1289  not incarcerated must register with the Department of
 1290  Corrections within 3 business days after sentencing for a
 1291  registrable offense and otherwise provide information as
 1292  required by this subsection.
 1293         (a) The sexual offender shall provide his or her name; date
 1294  of birth; social security number; race; sex; height; weight;
 1295  hair and eye color; tattoos or other identifying marks; all any
 1296  electronic mail addresses address and all Internet identifiers
 1297  any instant message name required to be provided pursuant to s.
 1298  943.0435(4)(d); all home telephone numbers and cellular
 1299  telephone numbers; the make, model, color, registration number,
 1300  and license tag number of all vehicles owned; permanent or legal
 1301  residence and address of temporary residence within the state or
 1302  out of state while the sexual offender is under supervision in
 1303  this state, including any rural route address or post office
 1304  box; if no permanent or temporary address, any transient
 1305  residence within the state; and address, location or
 1306  description, and dates of any current or known future temporary
 1307  residence within the state or out of state. The sexual offender
 1308  must also produce his or her passport, if he or she has a
 1309  passport, and, if he or she is an alien, must produce or provide
 1310  information about documents establishing his or her immigration
 1311  status. The sexual offender must also provide information about
 1312  any professional licenses he or she may have. The Department of
 1313  Corrections shall verify the address of each sexual offender in
 1314  the manner described in ss. 775.21 and 943.0435. The department
 1315  shall report to the Department of Law Enforcement any failure by
 1316  a sexual predator or sexual offender to comply with registration
 1317  requirements.
 1318         (b) If the sexual offender is enrolled, employed,
 1319  volunteering, or carrying on a vocation at an institution of
 1320  higher education in this state, the sexual offender shall
 1321  provide the name, address, and county of each institution,
 1322  including each campus attended, and the sexual offender’s
 1323  enrollment, volunteer, or employment status. Each change in
 1324  enrollment, volunteer, or employment status shall be reported to
 1325  the department within 48 hours after the change in status. The
 1326  Department of Corrections shall promptly notify each institution
 1327  of the sexual offender’s presence and any change in the sexual
 1328  offender’s enrollment, volunteer, or employment status.
 1329         (13)
 1330         (c) The sheriff’s office may determine the appropriate
 1331  times and days for reporting by the sexual offender, which shall
 1332  be consistent with the reporting requirements of this
 1333  subsection. Reregistration shall include any changes to the
 1334  following information:
 1335         1. Name; social security number; age; race; sex; date of
 1336  birth; height; weight; hair and eye color; address of any
 1337  permanent residence and address of any current temporary
 1338  residence, within the state or out of state, including a rural
 1339  route address and a post office box; if no permanent or
 1340  temporary address, any transient residence; address, location or
 1341  description, and dates of any current or known future temporary
 1342  residence within the state or out of state; any electronic mail
 1343  addresses or Internet identifiers address and any instant
 1344  message name required to be provided pursuant to s.
 1345  943.0435(4)(d); home telephone numbers or cellular telephone
 1346  numbers; date and place of any employment; the vehicle make,
 1347  model, color, registration number, and license tag number of any
 1348  vehicles owned; fingerprints; palm prints; and photograph. A
 1349  post office box shall not be provided in lieu of a physical
 1350  residential address. The sexual offender must also produce his
 1351  or her passport, if he or she has a passport, and, if he or she
 1352  is an alien, must produce or provide information about documents
 1353  establishing his or her immigration status. The sexual offender
 1354  must also provide information about any professional licenses he
 1355  or she may have.
 1356         2. If the sexual offender is enrolled, employed,
 1357  volunteering, or carrying on a vocation at an institution of
 1358  higher education in this state, the sexual offender shall also
 1359  provide to the department the name, address, and county of each
 1360  institution, including each campus attended, and the sexual
 1361  offender’s enrollment, volunteer, or employment status.
 1362         3. If the sexual offender’s place of residence is a motor
 1363  vehicle, trailer, mobile home, or manufactured home, as defined
 1364  in chapter 320, the sexual offender shall also provide the
 1365  vehicle identification number; the license tag number; the
 1366  registration number; and a description, including color scheme,
 1367  of the motor vehicle, trailer, mobile home, or manufactured
 1368  home. If the sexual offender’s place of residence is a vessel,
 1369  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1370  sexual offender shall also provide the hull identification
 1371  number; the manufacturer’s serial number; the name of the
 1372  vessel, live-aboard vessel, or houseboat; the registration
 1373  number; and a description, including color scheme, of the
 1374  vessel, live-aboard vessel or houseboat.
 1375         4. Any sexual offender who fails to report in person as
 1376  required at the sheriff’s office, or who fails to respond to any
 1377  address verification correspondence from the department within 3
 1378  weeks of the date of the correspondence, or who fails to report
 1379  all electronic mail addresses or Internet identifiers prior to
 1380  use or instant message names, or who knowingly provides false
 1381  registration information by act or omission commits a felony of
 1382  the third degree, punishable as provided in s. 775.082, s.
 1383  775.083, or s. 775.084.
 1384         Section 11. Subsection (11) of section 947.005, Florida
 1385  Statutes, is amended to read:
 1386         947.005 Definitions.—As used in this chapter, unless the
 1387  context clearly indicates otherwise:
 1388         (11) “Risk assessment” means an assessment completed by a
 1389  an independent qualified practitioner to evaluate the level of
 1390  risk associated when a sex offender has contact with a child.
 1391         Section 12. Section 948.31, Florida Statutes, is amended to
 1392  read:
 1393         948.31 Evaluation and treatment of sexual predators and
 1394  offenders on probation or community control.—The court may shall
 1395  require an evaluation by a qualified practitioner to determine
 1396  the need of a probationer or community controllee for treatment.
 1397  If the court determines that a need therefor is established by
 1398  the evaluation process, the court shall require sexual offender
 1399  treatment as a term or condition of probation or community
 1400  control for any probationer or community controllee person who
 1401  is required to register as a sexual predator under s. 775.21 or
 1402  sexual offender under s. 943.0435, s. 944.606, or s. 944.607 to
 1403  undergo an evaluation, at the probationer or community
 1404  controllee’s expense, by a qualified practitioner to determine
 1405  whether such person needs sexual offender treatment. If the
 1406  qualified practitioner determines that sexual offender treatment
 1407  is needed and recommends treatment, the probationer or community
 1408  controllee must successfully complete and pay for the treatment.
 1409  Such treatment must shall be required to be obtained from a
 1410  qualified practitioner as defined in s. 948.001. Treatment may
 1411  not be administered by a qualified practitioner who has been
 1412  convicted or adjudicated delinquent of committing, or
 1413  attempting, soliciting, or conspiring to commit, any offense
 1414  that is listed in s. 943.0435(1)(a)1.a.(I). The court shall
 1415  impose a restriction against contact with minors if sexual
 1416  offender treatment is recommended. The evaluation and
 1417  recommendations for treatment of the probationer or community
 1418  controllee shall be provided to the court for review.
 1419         Section 13. Paragraph (a) of subsection (3) of section
 1420  985.481, Florida Statutes, is amended to read:
 1421         985.481 Sexual offenders adjudicated delinquent;
 1422  notification upon release.—
 1423         (3)(a) The department must provide information regarding
 1424  any sexual offender who is being released after serving a period
 1425  of residential commitment under the department for any offense,
 1426  as follows:
 1427         1. The department must provide the sexual offender’s name,
 1428  any change in the offender’s name by reason of marriage or other
 1429  legal process, and any alias, if known; the correctional
 1430  facility from which the sexual offender is released; the sexual
 1431  offender’s social security number, race, sex, date of birth,
 1432  height, weight, and hair and eye color; the make, model, color,
 1433  registration number, and license tag number of all vehicles
 1434  owned, if known; address of any planned permanent residence or
 1435  temporary residence, within the state or out of state, including
 1436  a rural route address and a post office box; if no permanent or
 1437  temporary address, any transient residence within the state;
 1438  address, location or description, and dates of any known future
 1439  temporary residence within the state or out of state; date and
 1440  county of disposition and each crime for which there was a
 1441  disposition; a copy of the offender’s fingerprints and a
 1442  digitized photograph taken within 60 days before release; the
 1443  date of release of the sexual offender; all and home telephone
 1444  numbers number and any cellular telephone numbers; information
 1445  about any professional licenses the offender may have, if known;
 1446  and passport information, if he or she has a passport, and, if
 1447  he or she is an alien, information about documents establishing
 1448  his or her immigration status number. The department shall
 1449  notify the Department of Law Enforcement if the sexual offender
 1450  escapes, absconds, or dies. If the sexual offender is in the
 1451  custody of a private correctional facility, the facility shall
 1452  take the digitized photograph of the sexual offender within 60
 1453  days before the sexual offender’s release and also place it in
 1454  the sexual offender’s file. If the sexual offender is in the
 1455  custody of a local jail, the custodian of the local jail shall
 1456  register the offender within 3 business days after intake of the
 1457  offender for any reason and upon release, and shall notify the
 1458  Department of Law Enforcement of the sexual offender’s release
 1459  and provide to the Department of Law Enforcement the information
 1460  specified in this subparagraph and any information specified in
 1461  subparagraph 2. which the Department of Law Enforcement
 1462  requests.
 1463         2. The department may provide any other information
 1464  considered necessary, including criminal and delinquency
 1465  records, when available.
 1466         Section 14. Subsection (4) and paragraph (b) of subsection
 1467  (13) of section 985.4815, Florida Statutes, are amended to read:
 1468         985.4815 Notification to Department of Law Enforcement of
 1469  information on juvenile sexual offenders.—
 1470         (4) A sexual offender, as described in this section, who is
 1471  under the supervision of the department but who is not committed
 1472  must register with the department within 3 business days after
 1473  adjudication and disposition for a registrable offense and
 1474  otherwise provide information as required by this subsection.
 1475         (a) The sexual offender shall provide his or her name; date
 1476  of birth; social security number; race; sex; height; weight;
 1477  hair and eye color; tattoos or other identifying marks; the
 1478  make, model, color, registration number, and license tag number
 1479  of all vehicles owned; permanent or legal residence and address
 1480  of temporary residence within the state or out of state while
 1481  the sexual offender is in the care or custody or under the
 1482  jurisdiction or supervision of the department in this state,
 1483  including any rural route address or post office box; if no
 1484  permanent or temporary address, any transient residence;
 1485  address, location or description, and dates of any current or
 1486  known future temporary residence within the state or out of
 1487  state; and the name and address of each school attended. The
 1488  sexual offender must also produce his or her passport, if he or
 1489  she has a passport, and, if he or she is an alien, must produce
 1490  or provide information about documents establishing his or her
 1491  immigration status. The offender must also provide information
 1492  about any professional licenses he or she may have. The
 1493  department shall verify the address of each sexual offender and
 1494  shall report to the Department of Law Enforcement any failure by
 1495  a sexual offender to comply with registration requirements.
 1496         (b) If the sexual offender is enrolled, employed,
 1497  volunteering, or carrying on a vocation at an institution of
 1498  higher education in this state, the sexual offender shall
 1499  provide the name, address, and county of each institution,
 1500  including each campus attended, and the sexual offender’s
 1501  enrollment, volunteer, or employment status. Each change in
 1502  enrollment, volunteer, or employment status shall be reported to
 1503  the department within 48 hours after the change in status. The
 1504  department shall promptly notify each institution of the sexual
 1505  offender’s presence and any change in the sexual offender’s
 1506  enrollment, volunteer, or employment status.
 1507         (13)
 1508         (b) The sheriff’s office may determine the appropriate
 1509  times and days for reporting by the sexual offender, which shall
 1510  be consistent with the reporting requirements of this
 1511  subsection. Reregistration shall include any changes to the
 1512  following information:
 1513         1. Name; social security number; age; race; sex; date of
 1514  birth; height; weight; hair and eye color; fingerprints; palm
 1515  prints; address of any permanent residence and address of any
 1516  current temporary residence, within the state or out of state,
 1517  including a rural route address and a post office box; if no
 1518  permanent or temporary address, any transient residence;
 1519  address, location or description, and dates of any current or
 1520  known future temporary residence within the state or out of
 1521  state; passport information, if he or she has a passport, and,
 1522  if he or she is an alien, information about documents
 1523  establishing his or her immigration status; name and address of
 1524  each school attended; date and place of any employment; the
 1525  vehicle make, model, color, registration number, and license tag
 1526  number of all vehicles owned; fingerprints; and photograph. A
 1527  post office box shall not be provided in lieu of a physical
 1528  residential address. The offender must also provide information
 1529  about any professional licenses he or she may have.
 1530         2. If the sexual offender is enrolled, employed,
 1531  volunteering, or carrying on a vocation at an institution of
 1532  higher education in this state, the sexual offender shall also
 1533  provide to the department the name, address, and county of each
 1534  institution, including each campus attended, and the sexual
 1535  offender’s enrollment, volunteer, or employment status.
 1536         3. If the sexual offender’s place of residence is a motor
 1537  vehicle, trailer, mobile home, or manufactured home, as defined
 1538  in chapter 320, the sexual offender shall also provide the
 1539  vehicle identification number; the license tag number; the
 1540  registration number; and a description, including color scheme,
 1541  of the motor vehicle, trailer, mobile home, or manufactured
 1542  home. If the sexual offender’s place of residence is a vessel,
 1543  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1544  sexual offender shall also provide the hull identification
 1545  number; the manufacturer’s serial number; the name of the
 1546  vessel, live-aboard vessel, or houseboat; the registration
 1547  number; and a description, including color scheme, of the
 1548  vessel, live-aboard vessel, or houseboat.
 1549         4. Any sexual offender who fails to report in person as
 1550  required at the sheriff’s office, or who fails to respond to any
 1551  address verification correspondence from the department within 3
 1552  weeks after the date of the correspondence, or who knowingly
 1553  provides false registration information by act or omission
 1554  commits a felony of the third degree, punishable as provided in
 1555  ss. 775.082, 775.083, and 775.084.
 1556         Section 15. Paragraphs (g) and (i) of subsection (3) of
 1557  section 921.0022, Florida Statutes, are amended to read:
 1558         921.0022 Criminal Punishment Code; offense severity ranking
 1559  chart.—
 1560         (3) OFFENSE SEVERITY RANKING CHART
 1561         (g) LEVEL 7
 1562  FloridaStatute   FelonyDegree                Description                
 1563  316.027(1)(b)       1st   Accident involving death, failure to stop; leaving scene.
 1564  316.193(3)(c)2.     3rd   DUI resulting in serious bodily injury.    
 1565  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.
 1566  327.35(3)(c)2.      3rd   Vessel BUI resulting in serious bodily injury.
 1567  402.319(2)          2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 1568  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.  
 1569  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
 1570  456.065(2)          3rd   Practicing a health care profession without a license.
 1571  456.065(2)          2nd   Practicing a health care profession without a license which results in serious bodily injury.
 1572  458.327(1)          3rd   Practicing medicine without a license.     
 1573  459.013(1)          3rd   Practicing osteopathic medicine without a license.
 1574  460.411(1)          3rd   Practicing chiropractic medicine without a license.
 1575  461.012(1)          3rd   Practicing podiatric medicine without a license.
 1576  462.17              3rd   Practicing naturopathy without a license.  
 1577  463.015(1)          3rd   Practicing optometry without a license.    
 1578  464.016(1)          3rd   Practicing nursing without a license.      
 1579  465.015(2)          3rd   Practicing pharmacy without a license.     
 1580  466.026(1)          3rd   Practicing dentistry or dental hygiene without a license.
 1581  467.201             3rd   Practicing midwifery without a license.    
 1582  468.366             3rd   Delivering respiratory care services without a license.
 1583  483.828(1)          3rd   Practicing as clinical laboratory personnel without a license.
 1584  483.901(9)          3rd   Practicing medical physics without a license.
 1585  484.013(1)(c)       3rd   Preparing or dispensing optical devices without a prescription.
 1586  484.053             3rd   Dispensing hearing aids without a license. 
 1587  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.
 1588  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.
 1589  560.125(5)(a)       3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 1590  655.50(10)(b)1.     3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 1591  775.21(10)(a)       3rd   Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
 1592  775.21(10)(b)       3rd   Sexual predator working where children regularly congregate.
 1593  775.21(10)(g)       3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 1594  782.051(3)          2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 1595  782.07(1)           2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 1596  782.071             2nd   Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 1597  782.072             2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 1598  784.045(1)(a)1.     2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
 1599  784.045(1)(a)2.     2nd   Aggravated battery; using deadly weapon.   
 1600  784.045(1)(b)       2nd   Aggravated battery; perpetrator aware victim pregnant.
 1601  784.048(4)          3rd   Aggravated stalking; violation of injunction or court order.
 1602  784.048(7)          3rd   Aggravated stalking; violation of court order.
 1603  784.07(2)(d)        1st   Aggravated battery on law enforcement officer.
 1604  784.074(1)(a)       1st   Aggravated battery on sexually violent predators facility staff.
 1605  784.08(2)(a)        1st   Aggravated battery on a person 65 years of age or older.
 1606  784.081(1)          1st   Aggravated battery on specified official or employee.
 1607  784.082(1)          1st   Aggravated battery by detained person on visitor or other detainee.
 1608  784.083(1)          1st   Aggravated battery on code inspector.      
 1609  787.06(3)(a)        1st   Human trafficking using coercion for labor and services.
 1610  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.
 1611  790.07(4)           1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 1612  790.16(1)           1st   Discharge of a machine gun under specified circumstances.
 1613  790.165(2)          2nd   Manufacture, sell, possess, or deliver hoax bomb.
 1614  790.165(3)          2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 1615  790.166(3)          2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 1616  790.166(4)          2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 1617  790.23            1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 1618  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.
 1619  796.03              2nd   Procuring any person under 18 16 years for prostitution.
 1620  800.04(5)(c)1.      2nd   Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
 1621  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.
 1622  806.01(2)           2nd   Maliciously damage structure by fire or explosive.
 1623  810.02(3)(a)        2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
 1624  810.02(3)(b)        2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
 1625  810.02(3)(d)        2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
 1626  810.02(3)(e)        2nd   Burglary of authorized emergency vehicle.  
 1627  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.
 1628  812.014(2)(b)2.     2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 1629  812.014(2)(b)3.     2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
 1630  812.014(2)(b)4.     2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
 1631  812.0145(2)(a)      1st   Theft from person 65 years of age or older; $50,000 or more.
 1632  812.019(2)          1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 1633  812.131(2)(a)       2nd   Robbery by sudden snatching.               
 1634  812.133(2)(b)       1st   Carjacking; no firearm, deadly weapon, or other weapon.
 1635  817.234(8)(a)       2nd   Solicitation of motor vehicle accident victims with intent to defraud.
 1636  817.234(9)          2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
 1637  817.234(11)(c)      1st   Insurance fraud; property value $100,000 or more.
 1638  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.
 1639  825.102(3)(b)       2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 1640  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.
 1641  827.03(2)(b)        2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
 1642  827.04(3)           3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
 1643  837.05(2)           3rd   Giving false information about alleged capital felony to a law enforcement officer.
 1644  838.015             2nd   Bribery.                                   
 1645  838.016             2nd   Unlawful compensation or reward for official behavior.
 1646  838.021(3)(a)       2nd   Unlawful harm to a public servant.         
 1647  838.22              2nd   Bid tampering.                             
 1648  847.0135(3)         3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
 1649  847.0135(4)         2nd   Traveling to meet a minor to commit an unlawful sex act.
 1650  872.06              2nd   Abuse of a dead human body.                
 1651  874.10            1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 1652  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.
 1653  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.
 1654  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).
 1655  893.135(1)(a)1.     1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 1656  893.135 (1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
 1657  893.135 (1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 1658  893.135(1)(d)1.     1st   Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 1659  893.135(1)(e)1.     1st   Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 1660  893.135(1)(f)1.     1st   Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 1661  893.135 (1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 1662  893.135 (1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 1663  893.135 (1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 1664  893.135 (1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 1665  893.1351(2)         2nd   Possession of place for trafficking in or manufacturing of controlled substance.
 1666  896.101(5)(a)       3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
 1667  896.104(4)(a)1.     3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 1668  943.0435(4)(c)      2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 1669  943.0435(8)         2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 1670  943.0435(9)(a)      3rd   Sexual offender; failure to comply with reporting requirements.
 1671  943.0435(13)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1672  943.0435(14)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
 1673  944.607(9)          3rd   Sexual offender; failure to comply with reporting requirements.
 1674  944.607(10)(a)      3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1675  944.607(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1676  944.607(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
 1677  985.4815(10)        3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 1678  985.4815(12)        3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 1679  985.4815(13)        3rd   Sexual offender; failure to report and reregister; failure to respond to address verification.
 1680         (i) LEVEL 9
 1681  FloridaStatute    FelonyDegree               Description                
 1682  316.193 (3)(c)3.b.   1st   DUI manslaughter; failing to render aid or give information.
 1683  327.35(3)(c)3.b.     1st   BUI manslaughter; failing to render aid or give information.
 1684  409.920 (2)(b)1.c.   1st   Medicaid provider fraud; $50,000 or more. 
 1685  499.0051(9)          1st   Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 1686  560.123(8)(b)3.      1st   Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 1687  560.125(5)(c)        1st   Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 1688  655.50(10)(b)3.      1st   Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 1689  775.0844             1st   Aggravated white collar crime.            
 1690  782.04(1)            1st   Attempt, conspire, or solicit to commit premeditated murder.
 1691  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.
 1692  782.051(1)           1st   Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 1693  782.07(2)            1st   Aggravated manslaughter of an elderly person or disabled adult.
 1694  787.01(1)(a)1.     1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
 1695  787.01(1)(a)2.     1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
 1696  787.01(1)(a)4.     1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
 1697  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.
 1698  787.06(3)(d)         1st   Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
 1699  787.06(3)(g)       1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
 1700  787.06(4)            1st   Selling or buying of minors into human trafficking.
 1701  790.161              1st   Attempted capital destructive device offense.
 1702  790.166(2)         1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
 1703  794.011(2)           1st   Attempted sexual battery; victim less than 12 years of age.
 1704  794.011(2)          Life   Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 1705  794.011(4)           1st   Sexual battery; victim 12 years or older, certain circumstances.
 1706  794.011(8)(b)        1st   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 1707  794.08(2)            1st   Female genital mutilation; victim younger than 18 years of age.
 1708  796.035              1st   Selling or buying of minors into prostitution.
 1709  800.04(5)(b)        Life   Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 1710  812.13(2)(a)       1st,PBL Robbery with firearm or other deadly weapon.
 1711  812.133(2)(a)      1st,PBL Carjacking; firearm or other deadly weapon.
 1712  812.135(2)(b)        1st   Home-invasion robbery with weapon.        
 1713  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.
 1714  827.03(2)(a)         1st   Aggravated child abuse.                   
 1715  847.0145(1)          1st   Selling, or otherwise transferring custody or control, of a minor.
 1716  847.0145(2)          1st   Purchasing, or otherwise obtaining custody or control, of a minor.
 1717  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.
 1718  893.135              1st   Attempted capital trafficking offense.    
 1719  893.135(1)(a)3.      1st   Trafficking in cannabis, more than 10,000 lbs.
 1720  893.135 (1)(b)1.c.   1st   Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 1721  893.135 (1)(c)1.c.   1st   Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 1722  893.135 (1)(d)1.c.   1st   Trafficking in phencyclidine, more than 400 grams.
 1723  893.135 (1)(e)1.c.   1st   Trafficking in methaqualone, more than 25 kilograms.
 1724  893.135 (1)(f)1.c.   1st   Trafficking in amphetamine, more than 200 grams.
 1725  893.135 (1)(h)1.c.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 1726  893.135 (1)(j)1.c.   1st   Trafficking in 1,4-Butanediol, 10 kilograms or more.
 1727  893.135 (1)(k)2.c.   1st   Trafficking in Phenethylamines, 400 grams or more.
 1728  896.101(5)(c)        1st   Money laundering, financial instruments totaling or exceeding $100,000.
 1729  896.104(4)(a)3.      1st   Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 1730         Section 16. This act shall take effect October 1, 2013.