Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 528

Ì163226!Î163226

LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/05/2014 .
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1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (a) of subsection (2) and subsection
6 (6) of section 68.07, Florida Statutes, is amended and a new
7 paragraph (i) is added to subsection (3) to read:
8 68.07 Change of name.—
9 (2)(a) Before the court hearing on a petition for a name
10 change, the petitioner must have fingerprints submitted for a
11 state and national criminal history records check, except if a
12 former name is being restored. Fingerprints for the petitioner
13 shall be taken in a manner approved by the Department of Law
14 Enforcement and shall be submitted electronically to the
15 department for state processing for a criminal history records
16 check. The department shall submit the fingerprints to the
17 Federal Bureau of Investigation for national processing. The
18 department shall submit the results of the state and national
19 records check, which will indicate whether the petitioner has
20 registered as a sexual predator or a sexual offender, to the
21 clerk of the court. The court shall consider the results in
22 reviewing the information contained in the petition and
23 evaluating whether to grant the petition.
24 (3) Each petition shall be verified and show:
25 (i) Whether the petitioner has ever been required to
26 register as a sexual predator under s. 775.021, or as a sexual
27 offender under s. 943.0435.
28 (j)(i) Whether any money judgment has ever been entered
29 against the petitioner and if so, the name of the judgment
30 creditor, the amount and date thereof, the court by which
31 entered, and whether the judgment has been satisfied.
32 (k)(j) That the petition is filed for no ulterior or
33 illegal purpose and granting it will not in any manner invade
34 the property rights of others, whether partnership, patent, good
35 will, privacy, trademark, or otherwise.
36 (l)(k) That the petitioner’s civil rights have never been
37 suspended or, if the petitioner’s civil rights have been
38 suspended, that full restoration of civil rights has occurred.
39 (6) The clerk of the court must, within five business days
40 from upon the filing of the final judgment, send a report of the
41 judgment to the Department of Law Enforcement on a form to be
42 furnished by that department. If the petitioner is required to
43 register as a sexual predator or a sexual offender pursuant to
44 s. 775.21 or s. 943.0435, the clerk of court shall
45 electronically notify the Department of Law Enforcement of the
46 name change, in a manner prescribed by that department, within
47 two business days from the filing of the final judgment. The
48 Department of Law Enforcement must send a copy of the report to
49 the Department of Highway Safety and Motor Vehicles, which may
50 be delivered by electronic transmission. The report must contain
51 sufficient information to identify the petitioner, including the
52 results of the criminal history records check if applicable, the
53 new name of the petitioner, and the file number of the judgment.
54 The Department of Highway Safety and Motor Vehicles will monitor
55 the records of any sexual predator or sexual offender whose name
56 has been provided to it by the Department of Law Enforcement. If
57 the sexual predator or sexual offender does not obtain a
58 replacement driver license or identification card within the
59 required time as specified in s. 775.21 or s. 943.0435, the
60 Department of Highway Safety and Motor Vehicles will notify the
61 Department of Law Enforcement. The Department of Law Enforcement
62 will notify applicable law enforcement agencies of the
63 offender's failure to comply with registration requirements. Any
64 information retained by the Department of Law Enforcement and
65 the Department of Highway Safety and Motor Vehicles may be
66 revised or supplemented by said departments to reflect changes
67 made by the final judgment. With respect to a person convicted
68 of a felony in another state or of a federal offense, the
69 Department of Law Enforcement must send the report to the
70 respective state’s office of law enforcement records or to the
71 office of the Federal Bureau of Investigation. The Department of
72 Law Enforcement may forward the report to any other law
73 enforcement agency it believes may retain information related to
74 the petitioner.
75 Section 2. Paragraph (i) of subsection (2), paragraph (a)
76 of subsection (4), subsections (6) and (8), and paragraph (a) of
77 subsection (10) of section 775.21, Florida Statutes, are amended
78 and a new paragraph (n) is added to subsection (2) of that
79 section to read:
80 775.21 The Florida Sexual Predators Act.—
81 (2) DEFINITIONS.—As used in this section, the term:
82 (i) “Internet identifier Instant message name” means all
83 electronic mail, chat, instant messenger, social networking,
84 application software, or similar names used for Internet
85 communication, but does not include a date of birth, social
86 security number, or personal identification number (PIN).
87 Voluntary disclosure by a sexual predator of his or her date of
88 birth, social security number, or PIN as an Internet identifier
89 waives the disclosure exemption in this paragraph for such
90 personal information an identifier that allows a person to
91 communicate in real time with another person using the Internet.
92 (n) “Vehicles owned” means any motor vehicle as defined in
93 s. 320.01, that is registered, co-registered, leased, titled, or
94 rented by a person; a rented vehicle that the person is
95 authorized to drive; or a vehicle for which the person is
96 insured as a driver.
97 (4) SEXUAL PREDATOR CRITERIA.—
98 (a) For a current offense committed on or after October 1,
99 1993, upon conviction, an offender shall be designated as a
100 “sexual predator” under subsection (5), and subject to
101 registration under subsection (6) and community and public
102 notification under subsection (7) if:
103 1. The felony is:
104 a. A capital, life, or first-degree felony violation, or
105 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
106 is a minor and the defendant is not the victim’s parent or
107 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
108 violation of a similar law of another jurisdiction; or
109 b. Any felony violation, or any attempt thereof, of s.
110 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
111 787.025(2)(c), where the victim is a minor and the defendant is
112 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
113 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
114 796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025 s.
115 825.1025(2)(b); s. 827.071; s. 847.0135, excluding s.
116 847.0135(6) s. 847.0135(5); s. 847.0145; s. 916.1075(2); or s.
117 985.701(1); or a violation of a similar law of another
118 jurisdiction, and the offender has previously been convicted of
119 or found to have committed, or has pled nolo contendere or
120 guilty to, regardless of adjudication, any violation of s.
121 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
122 787.025(2)(c), where the victim is a minor and the defendant is
123 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
124 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
125 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
126 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
127 916.1075(2); or s. 985.701(1); or a violation of a similar law
128 of another jurisdiction;
129 2. The offender has not received a pardon for any felony or
130 similar law of another jurisdiction that is necessary for the
131 operation of this paragraph; and
132 3. A conviction of a felony or similar law of another
133 jurisdiction necessary to the operation of this paragraph has
134 not been set aside in any postconviction proceeding.
135 (6) REGISTRATION.—
136 (a) A sexual predator shall must register with the
137 department through the sheriff’s office by providing the
138 following information to the department:
139 1. Name; social security number; age; race; sex; date of
140 birth; height; weight; tattoos or other identifying marks; hair
141 and eye color; photograph; address of legal residence and
142 address of any current temporary residence, within the state or
143 out of state, including a rural route address and a post office
144 box; if no permanent or temporary address, any transient
145 residence within the state; address, location or description,
146 and dates of any current or known future temporary residence
147 within the state or out of state; all any electronic mail
148 addresses address and all Internet identifiers any instant
149 message name required to be provided pursuant to subparagraph
150 (g)4.; all home telephone numbers number and any cellular
151 telephone numbers number; date and place of any employment; the
152 make, model, color, vehicle identification number (VIN), and
153 license tag number of all vehicles owned by the sexual predator
154 and all vehicles owned by a person or persons residing at the
155 sexual predator’s residence; date and place of each conviction;
156 fingerprints; palm prints; and a brief description of the crime
157 or crimes committed by the offender. A person is residing at the
158 sexual predator’s residence if the person abides, lodges, or
159 resides at that residence for 5 or more consecutive days. A post
160 office box may shall not be provided in lieu of a physical
161 residential address. The sexual predator shall produce his or
162 her passport, if he or she has a passport, and, if he or she is
163 an alien, shall produce or provide information about documents
164 establishing his or her immigration status. The sexual predator
165 shall also provide information about any professional licenses
166 he or she has.
167 a. If the sexual predator’s place of residence is a motor
168 vehicle, trailer, mobile home, or manufactured home, as defined
169 in chapter 320, the sexual predator shall also provide to the
170 department written notice of the vehicle identification number;
171 the license tag number; the registration number; and a
172 description, including color scheme, of the motor vehicle,
173 trailer, mobile home, or manufactured home. If a sexual
174 predator’s place of residence is a vessel, live-aboard vessel,
175 or houseboat, as defined in chapter 327, the sexual predator
176 shall also provide to the department written notice of the hull
177 identification number; the manufacturer’s serial number; the
178 name of the vessel, live-aboard vessel, or houseboat; the
179 registration number; and a description, including color scheme,
180 of the vessel, live-aboard vessel, or houseboat.
181 b. If the sexual predator is enrolled, employed,
182 volunteering, or carrying on a vocation at an institution of
183 higher education in this state, the sexual predator shall also
184 provide to the department the name, address, and county of each
185 institution, including each campus attended, and the sexual
186 predator’s enrollment, volunteer, or employment status. Each
187 change in enrollment, volunteer, or employment status must shall
188 be reported in person at the sheriff’s office, or the Department
189 of Corrections if the sexual predator is in the custody or
190 control of or under the supervision of the Department of
191 Corrections, within 48 hours after any change in status. The
192 sheriff or the Department of Corrections shall promptly notify
193 each institution of the sexual predator’s presence and any
194 change in the sexual predator’s enrollment, volunteer, or
195 employment status.
196 2. Any other information determined necessary by the
197 department, including criminal and corrections records;
198 nonprivileged personnel and treatment records; and evidentiary
199 genetic markers when available.
200 (b) If the sexual predator is in the custody or control of,
201 or under the supervision of, the Department of Corrections, or
202 is in the custody of a private correctional facility, the sexual
203 predator shall must register with the Department of Corrections.
204 A sexual predator who is under the supervision of the Department
205 of Corrections but who is not incarcerated shall must register
206 with the Department of Corrections within 3 business days after
207 the court finds the offender to be a sexual predator. The
208 Department of Corrections shall provide to the department
209 registration information and the location of, and local
210 telephone number for, any Department of Corrections office that
211 is responsible for supervising the sexual predator. In addition,
212 the Department of Corrections shall notify the department if the
213 sexual predator escapes or absconds from custody or supervision
214 or if the sexual predator dies.
215 (c) If the sexual predator is in the custody of a local
216 jail, the custodian of the local jail shall register the sexual
217 predator within 3 business days after intake of the sexual
218 predator for any reason and upon release, and shall forward the
219 registration information to the department. The custodian of the
220 local jail shall also take a digitized photograph of the sexual
221 predator while the sexual predator remains in custody and shall
222 provide the digitized photograph to the department. The
223 custodian shall notify the department if the sexual predator
224 escapes from custody or dies.
225 (d) If the sexual predator is under federal supervision,
226 the federal agency responsible for supervising the sexual
227 predator may forward to the department any information regarding
228 the sexual predator which is consistent with the information
229 provided by the Department of Corrections under this section,
230 and may indicate whether use of the information is restricted to
231 law enforcement purposes only or may be used by the department
232 for purposes of public notification.
233 (e)1. If the sexual predator is not in the custody or
234 control of, or under the supervision of, the Department of
235 Corrections or is not in the custody of a private correctional
236 facility, the sexual predator shall register in person:
237 a. At the sheriff’s office in the county where he or she
238 establishes or maintains a residence within 48 hours after
239 establishing or maintaining a residence in this state; and
240 b. At the sheriff’s office in the county where he or she
241 was designated a sexual predator by the court within 48 hours
242 after such finding is made.
243 2. Any change in the sexual predator’s permanent or
244 temporary residence, name, or any electronic mail addresses, or
245 Internet identifiers address and any instant message name
246 required to be provided pursuant to subparagraph (g)4., after
247 the sexual predator registers in person at the sheriff’s office
248 as provided in subparagraph 1., must shall be accomplished in
249 the manner provided in paragraphs (g), (i), and (j). When a
250 sexual predator registers with the sheriff’s office, the sheriff
251 shall take a photograph, and a set of fingerprints, and palm
252 prints of the predator and forward the photographs, palm prints,
253 and fingerprints to the department, along with the information
254 that the predator is required to provide pursuant to this
255 section.
256 (f) Within 48 hours after the registration required under
257 paragraph (a) or paragraph (e), a sexual predator who is not
258 incarcerated and who resides in the community, including a
259 sexual predator under the supervision of the Department of
260 Corrections, shall register in person at a driver driver’s
261 license office of the Department of Highway Safety and Motor
262 Vehicles and shall present proof of registration. At the driver
263 driver’s license office the sexual predator shall:
264 1. If otherwise qualified, secure a Florida driver driver’s
265 license, renew a Florida driver driver’s license, or secure an
266 identification card. The sexual predator shall identify himself
267 or herself as a sexual predator who is required to comply with
268 this section, provide his or her place of permanent, temporary,
269 or transient residence, including a rural route address and a
270 post office box, and submit to the taking of a photograph for
271 use in issuing a driver driver’s license, renewed license, or
272 identification card, and for use by the department in
273 maintaining current records of sexual predators. A post office
274 box may shall not be provided in lieu of a physical residential
275 address. If the sexual predator’s place of residence is a motor
276 vehicle, trailer, mobile home, or manufactured home, as defined
277 in chapter 320, the sexual predator shall also provide to the
278 Department of Highway Safety and Motor Vehicles the vehicle
279 identification number; the license tag number; the registration
280 number; and a description, including color scheme, of the motor
281 vehicle, trailer, mobile home, or manufactured home. If a sexual
282 predator’s place of residence is a vessel, live-aboard vessel,
283 or houseboat, as defined in chapter 327, the sexual predator
284 shall also provide to the Department of Highway Safety and Motor
285 Vehicles the hull identification number; the manufacturer’s
286 serial number; the name of the vessel, live-aboard vessel, or
287 houseboat; the registration number; and a description, including
288 color scheme, of the vessel, live-aboard vessel, or houseboat.
289 2. Pay the costs assessed by the Department of Highway
290 Safety and Motor Vehicles for issuing or renewing a driver
291 driver’s license or identification card as required by this
292 section. The driver driver’s license or identification card
293 issued to the sexual predator must comply be in compliance with
294 s. 322.141(3).
295 3. Provide, upon request, any additional information
296 necessary to confirm the identity of the sexual predator,
297 including a set of fingerprints.
298 (g)1. Each time a sexual predator’s driver driver’s license
299 or identification card is subject to renewal, and, without
300 regard to the status of the predator’s driver driver’s license
301 or identification card, within 48 hours after any change of the
302 predator’s residence or change in the predator’s name by reason
303 of marriage or other legal process, the predator shall report in
304 person to a driver driver’s license office and is shall be
305 subject to the requirements specified in paragraph (f). The
306 Department of Highway Safety and Motor Vehicles shall forward to
307 the department and to the Department of Corrections all
308 photographs and information provided by sexual predators.
309 Notwithstanding the restrictions set forth in s. 322.142, the
310 Department of Highway Safety and Motor Vehicles may is
311 authorized to release a reproduction of a color-photograph or
312 digital-image license to the Department of Law Enforcement for
313 purposes of public notification of sexual predators as provided
314 in this section. A sexual predator who is unable to secure or
315 update a driver license or identification card with the
316 Department of Highway Safety and Motor Vehicles as provided in
317 paragraph (f) and this paragraph shall also report any change of
318 the predator’s residence or change in the predator’s name by
319 reason of marriage or other legal process within 48 hours after
320 the change to the sheriff’s office in the county where the
321 predator resides or is located and provide confirmation that he
322 or she reported such information to the Department of Highway
323 Safety and Motor Vehicles.
324 2. A sexual predator who vacates a permanent, temporary, or
325 transient residence and fails to establish or maintain another
326 permanent, temporary, or transient residence shall, within 48
327 hours after vacating the permanent, temporary, or transient
328 residence, report in person to the sheriff’s office of the
329 county in which he or she is located. The sexual predator shall
330 specify the date upon which he or she intends to or did vacate
331 such residence. The sexual predator shall must provide or update
332 all of the registration information required under paragraph
333 (a). The sexual predator shall must provide an address for the
334 residence or other place that he or she is or will be located
335 during the time in which he or she fails to establish or
336 maintain a permanent or temporary residence.
337 3. A sexual predator who remains at a permanent, temporary,
338 or transient residence after reporting his or her intent to
339 vacate such residence shall, within 48 hours after the date upon
340 which the predator indicated he or she would or did vacate such
341 residence, report in person to the sheriff’s office to which he
342 or she reported pursuant to subparagraph 2. for the purpose of
343 reporting his or her address at such residence. When the sheriff
344 receives the report, the sheriff shall promptly convey the
345 information to the department. An offender who makes a report as
346 required under subparagraph 2. but fails to make a report as
347 required under this subparagraph commits a felony of the second
348 degree, punishable as provided in s. 775.082, s. 775.083, or s.
349 775.084.
350 4. A sexual predator shall must register all any electronic
351 mail addresses and Internet identifiers address or instant
352 message name with the department before prior to using such
353 electronic mail addresses and Internet identifiers address or
354 instant message name on or after October 1, 2007. The department
355 shall establish an online system through which sexual predators
356 may securely access and update all electronic mail address and
357 Internet identifier instant message name information.
358 (h) The department shall must notify the sheriff and the
359 state attorney of the county and, if applicable, the police
360 chief of the municipality, where the sexual predator maintains a
361 residence.
362 (i) A sexual predator who intends to establish a permanent,
363 temporary, or transient residence in another state or
364 jurisdiction other than the State of Florida shall report in
365 person to the sheriff of the county of current residence within
366 48 hours before the date he or she intends to leave this state
367 to establish residence in another state or jurisdiction or
368 within 21 days before his or her planned departure date if the
369 intended residence of 5 days or more is outside of the United
370 States. The sexual predator shall must provide to the sheriff
371 the address, municipality, county, and state, and country of
372 intended residence. The sheriff shall promptly provide to the
373 department the information received from the sexual predator.
374 The department shall notify the statewide law enforcement
375 agency, or a comparable agency, in the intended state, or
376 jurisdiction, or country of residence of the sexual predator’s
377 intended residence. The failure of a sexual predator to provide
378 his or her intended place of residence is punishable as provided
379 in subsection (10).
380 (j) A sexual predator who indicates his or her intent to
381 establish a permanent, temporary, or transient residence in
382 another state, a or jurisdiction other than the State of
383 Florida, or another country and later decides to remain in this
384 state shall, within 48 hours after the date upon which the
385 sexual predator indicated he or she would leave this state,
386 report in person to the sheriff to which the sexual predator
387 reported the intended change of residence, and report his or her
388 intent to remain in this state. If the sheriff is notified by
389 the sexual predator that he or she intends to remain in this
390 state, the sheriff shall promptly report this information to the
391 department. A sexual predator who reports his or her intent to
392 establish a permanent, temporary, or transient residence in
393 another state, a or jurisdiction other than the State of
394 Florida, or another country, but who remains in this state
395 without reporting to the sheriff in the manner required by this
396 paragraph, commits a felony of the second degree, punishable as
397 provided in s. 775.082, s. 775.083, or s. 775.084.
398 (k)1. The department is responsible for the online
399 maintenance of current information regarding each registered
400 sexual predator. The department shall must maintain hotline
401 access for state, local, and federal law enforcement agencies to
402 obtain instantaneous locator file and offender characteristics
403 information on all released registered sexual predators for
404 purposes of monitoring, tracking, and prosecution. The
405 photograph and fingerprints do not have to be stored in a
406 computerized format.
407 2. The department’s sexual predator registration list,
408 containing the information described in subparagraph (a)1., is a
409 public record. The department may is authorized to disseminate
410 this public information by any means deemed appropriate,
411 including operating a toll-free telephone number for this
412 purpose. When the department provides information regarding a
413 registered sexual predator to the public, department personnel
414 shall must advise the person making the inquiry that positive
415 identification of a person believed to be a sexual predator
416 cannot be established unless a fingerprint comparison is made,
417 and that it is illegal to use public information regarding a
418 registered sexual predator to facilitate the commission of a
419 crime.
420 3. The department shall adopt guidelines as necessary
421 regarding the registration of sexual predators and the
422 dissemination of information regarding sexual predators as
423 required by this section.
424 (l) A sexual predator shall must maintain registration with
425 the department for the duration of his or her life, unless the
426 sexual predator has received a full pardon or has had a
427 conviction set aside in a postconviction proceeding for any
428 offense that met the criteria for the sexual predator
429 designation.
430 (8) VERIFICATION.—The department and the Department of
431 Corrections shall implement a system for verifying the addresses
432 of sexual predators. The system must be consistent with the
433 provisions of the federal Adam Walsh Child Protection and Safety
434 Act of 2006 and any other federal standards applicable to such
435 verification or required to be met as a condition for the
436 receipt of federal funds by the state. The Department of
437 Corrections shall verify the addresses of sexual predators who
438 are not incarcerated but who reside in the community under the
439 supervision of the Department of Corrections and shall report to
440 the department any failure by a sexual predator to comply with
441 registration requirements. County and local law enforcement
442 agencies, in conjunction with the department, shall verify the
443 addresses of sexual predators who are not under the care,
444 custody, control, or supervision of the Department of
445 Corrections. Local law enforcement agencies shall report to the
446 department any failure by a sexual predator to comply with
447 registration requirements.
448 (a) A sexual predator shall must report in person each year
449 during the month of the sexual predator’s birthday and during
450 every third month thereafter to the sheriff’s office in the
451 county in which he or she resides or is otherwise located to
452 reregister. The sheriff’s office may determine the appropriate
453 times and days for reporting by the sexual predator, which must
454 shall be consistent with the reporting requirements of this
455 paragraph. Reregistration must shall include any changes to the
456 following information:
457 1. Name; social security number; age; race; sex; date of
458 birth; height; weight; tattoos or other identifying marks; hair
459 and eye color; address of any permanent residence and address of
460 any current temporary residence, within the state or out of
461 state, including a rural route address and a post office box; if
462 no permanent or temporary address, any transient residence
463 within the state; address, location or description, and dates of
464 any current or known future temporary residence within the state
465 or out of state; all any electronic mail addresses or Internet
466 identifiers address and any instant message name required to be
467 provided pursuant to subparagraph (6)(g)4.; all home telephone
468 numbers or number and any cellular telephone numbers number;
469 date and place of any employment; the vehicle make, model,
470 color, vehicle identification number (VIN), and license tag
471 number of all vehicles owned by the sexual predator and all
472 vehicles owned by a person or persons residing at the sexual
473 predator’s residence; fingerprints; palm prints; and photograph.
474 A person is residing at the sexual predator’s residence if the
475 person abides, lodges, or resides at that residence for 5 or
476 more consecutive days. A post office box may shall not be
477 provided in lieu of a physical residential address. The sexual
478 predator shall also produce his or her passport, if he or she
479 has a passport, and, if he or she is an alien, shall produce or
480 provide information about documents establishing his or her
481 immigration status. The sexual predator shall also provide
482 information about any professional licenses he or she has.
483 2. If the sexual predator is enrolled, employed,
484 volunteering, or carrying on a vocation at an institution of
485 higher education in this state, the sexual predator shall also
486 provide to the department the name, address, and county of each
487 institution, including each campus attended, and the sexual
488 predator’s enrollment, volunteer, or employment status.
489 3. If the sexual predator’s place of residence is a motor
490 vehicle, trailer, mobile home, or manufactured home, as defined
491 in chapter 320, the sexual predator shall also provide the
492 vehicle identification number; the license tag number; the
493 registration number; and a description, including color scheme,
494 of the motor vehicle, trailer, mobile home, or manufactured
495 home. If the sexual predator’s place of residence is a vessel,
496 live-aboard vessel, or houseboat, as defined in chapter 327, the
497 sexual predator shall also provide the hull identification
498 number; the manufacturer’s serial number; the name of the
499 vessel, live-aboard vessel, or houseboat; the registration
500 number; and a description, including color scheme, of the
501 vessel, live-aboard vessel, or houseboat.
502 (b) The sheriff’s office shall, within 2 working days,
503 electronically submit and update all information provided by the
504 sexual predator to the department in a manner prescribed by the
505 department.
506 (10) PENALTIES.—
507 (a) Except as otherwise specifically provided, a sexual
508 predator who fails to register; who fails, after registration,
509 to maintain, acquire, or renew a driver driver’s license or
510 identification card; who fails to provide required location
511 information, electronic mail address information before use,
512 Internet identifier instant message name information before use,
513 all home telephone numbers number and any cellular telephone
514 numbers number, or change-of-name information; who fails to make
515 a required report in connection with vacating a permanent
516 residence; who fails to reregister as required; who fails to
517 respond to any address verification correspondence from the
518 department within 3 weeks of the date of the correspondence; who
519 knowingly provides false registration information by act or
520 omission; or who otherwise fails, by act or omission, to comply
521 with the requirements of this section, commits a felony of the
522 third degree, punishable as provided in s. 775.082, s. 775.083,
523 or s. 775.084.
524 Section 3. Subsection (1) of section 943.043, Florida
525 Statutes, is amended to read:
526 943.043 Toll-free telephone number; Internet notification;
527 sexual predator and sexual offender information.—
528 (1) The department may notify the public through the
529 Internet of any information regarding sexual predators and
530 sexual offenders which is not confidential and exempt from
531 public disclosure under s. 119.07(1) and s. 24(a), Art. I of the
532 State Constitution. The department shall determine what
533 information shall be made available to the public through the
534 Internet. However, the department shall not display on or
535 disseminate through the Internet public registry maintained by
536 the department any information regarding a vehicle that is owned
537 by a person who is not required to register as a sexual predator
538 or sexual offender.
539 Section 4. Paragraphs (a) and (g) of subsection (1),
540 subsection (2), paragraphs (a) and (d) of subsection (4),
541 subsections (7), (8), and (11), and paragraphs (b) and (c) of
542 subsection (14) of section 943.0435, Florida Statutes, are
543 amended and a new paragraph (h) is added to subsection (1) of
544 that section to read:
545 943.0435 Sexual offenders required to register with the
546 department; penalty.—
547 (1) As used in this section, the term:
548 (a)1. “Sexual offender” means a person who meets the
549 criteria in sub-subparagraph a., sub-subparagraph b., sub
550 subparagraph c., or sub-subparagraph d., as follows:
551 a.(I) Has been convicted of committing, or attempting,
552 soliciting, or conspiring to commit, any of the criminal
553 offenses proscribed in the following statutes in this state or
554 similar offenses in another jurisdiction: s. 393.135(2); s.
555 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
556 the victim is a minor and the defendant is not the victim’s
557 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
558 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
559 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
560 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
561 847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any
562 similar offense committed in this state which has been
563 redesignated from a former statute number to one of those listed
564 in this sub-sub-subparagraph; and
565 (II) Has been released on or after October 1, 1997, from
566 the sanction imposed for any conviction of an offense described
567 in sub-sub-subparagraph (I). For purposes of sub-sub
568 subparagraph (I), a sanction imposed in this state or in any
569 other jurisdiction includes, but is not limited to, a fine,
570 probation, community control, parole, conditional release,
571 control release, or incarceration in a state prison, federal
572 prison, private correctional facility, or local detention
573 facility;
574 b. Establishes or maintains a residence in this state and
575 who has not been designated as a sexual predator by a court of
576 this state but who has been designated as a sexual predator, as
577 a sexually violent predator, or by another sexual offender
578 designation in another state or jurisdiction and was, as a
579 result of such designation, subjected to registration or
580 community or public notification, or both, or would be if the
581 person were a resident of that state or jurisdiction, without
582 regard to whether the person otherwise meets the criteria for
583 registration as a sexual offender;
584 c. Establishes or maintains a residence in this state who
585 is in the custody or control of, or under the supervision of,
586 any other state or jurisdiction as a result of a conviction for
587 committing, or attempting, soliciting, or conspiring to commit,
588 any of the criminal offenses proscribed in the following
589 statutes or similar offense in another jurisdiction: s.
590 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
591 787.025(2)(c), where the victim is a minor and the defendant is
592 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
593 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
594 796.03; s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
595 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
596 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
597 985.701(1); or any similar offense committed in this state which
598 has been redesignated from a former statute number to one of
599 those listed in this sub-subparagraph; or
600 d. On or after July 1, 2007, has been adjudicated
601 delinquent for committing, or attempting, soliciting, or
602 conspiring to commit, any of the criminal offenses proscribed in
603 the following statutes in this state or similar offenses in
604 another jurisdiction when the juvenile was 14 years of age or
605 older at the time of the offense:
606 (I) Section 794.011, excluding s. 794.011(10);
607 (II) Section 800.04(4)(b) where the victim is under 12
608 years of age or where the court finds sexual activity by the use
609 of force or coercion;
610 (III) Section 800.04(5)(c)1. where the court finds
611 molestation involving unclothed genitals; or
612 (IV) Section 800.04(5)(d) where the court finds the use of
613 force or coercion and unclothed genitals.
614 2. For all qualifying offenses listed in sub-subparagraph
615 (1)(a)1.d., the court shall make a written finding of the age of
616 the offender at the time of the offense.
617
618 For each violation of a qualifying offense listed in this
619 subsection, except for a violation of s. 794.011, the court
620 shall make a written finding of the age of the victim at the
621 time of the offense. For a violation of s. 800.04(4), the court
622 shall also additionally make a written finding indicating
623 whether that the offense involved did or did not involve sexual
624 activity and indicating whether that the offense involved did or
625 did not involve force or coercion. For a violation of s.
626 800.04(5), the court shall also additionally make a written
627 finding that the offense did or did not involve unclothed
628 genitals or genital area and that the offense did or did not
629 involve the use of force or coercion.
630 (g) “Internet identifier Instant message name” has the same
631 meaning as provided in s. 775.21 means an identifier that allows
632 a person to communicate in real time with another person using
633 the Internet.
634 (h) “Vehicles owned” has the same meaning as provided in s.
635 775.21.
636 (2) A sexual offender shall:
637 (a) Report in person at the sheriff’s office:
638 1. In the county in which the offender establishes or
639 maintains a permanent, temporary, or transient residence within
640 48 hours after:
641 a. Establishing permanent, temporary, or transient
642 residence in this state; or
643 b. Being released from the custody, control, or supervision
644 of the Department of Corrections or from the custody of a
645 private correctional facility; or
646 2. In the county where he or she was convicted within 48
647 hours after being convicted for a qualifying offense for
648 registration under this section if the offender is not in the
649 custody or control of, or under the supervision of, the
650 Department of Corrections, or is not in the custody of a private
651 correctional facility.
652
653 Any change in the information required to be provided pursuant
654 to paragraph (b), including, but not limited to, any change in
655 the sexual offender’s permanent, temporary, or transient
656 residence, name, any electronic mail addresses, or Internet
657 identifiers address and any instant message name required to be
658 provided pursuant to paragraph (4)(d), after the sexual offender
659 reports in person at the sheriff’s office, must shall be
660 accomplished in the manner provided in subsections (4), (7), and
661 (8).
662 (b) Provide his or her name; date of birth; social security
663 number; race; sex; height; weight; hair and eye color; tattoos
664 or other identifying marks; fingerprints; palm prints;
665 photograph; occupation and place of employment; address of
666 permanent or legal residence or address of any current temporary
667 residence, within the state or out of state, including a rural
668 route address and a post office box; if no permanent or
669 temporary address, any transient residence within the state,
670 address, location or description, and dates of any current or
671 known future temporary residence within the state or out of
672 state; the make, model, color, vehicle identification number
673 (VIN), and license tag number of all vehicles owned by the
674 sexual offender and all vehicles owned by a person or persons
675 residing at the sexual offender’s residence; all home telephone
676 numbers number and any cellular telephone numbers number; all
677 any electronic mail addresses address and all Internet
678 identifiers any instant message name required to be provided
679 pursuant to paragraph (4)(d); date and place of each conviction;
680 and a brief description of the crime or crimes committed by the
681 offender. A person is residing at the sexual offender’s
682 residence if the person abides, lodges, or resides at that
683 residence for 5 or more consecutive days. A post office box may
684 shall not be provided in lieu of a physical residential address.
685 The sexual offender shall also produce his or her passport, if
686 he or she has a passport, and, if he or she is an alien, shall
687 produce or provide information about documents establishing his
688 or her immigration status. The sexual offender shall also
689 provide information about any professional licenses he or she
690 has.
691 1. If the sexual offender’s place of residence is a motor
692 vehicle, trailer, mobile home, or manufactured home, as defined
693 in chapter 320, the sexual offender shall also provide to the
694 department through the sheriff’s office written notice of the
695 vehicle identification number; the license tag number; the
696 registration number; and a description, including color scheme,
697 of the motor vehicle, trailer, mobile home, or manufactured
698 home. If the sexual offender’s place of residence is a vessel,
699 live-aboard vessel, or houseboat, as defined in chapter 327, the
700 sexual offender shall also provide to the department written
701 notice of the hull identification number; the manufacturer’s
702 serial number; the name of the vessel, live-aboard vessel, or
703 houseboat; the registration number; and a description, including
704 color scheme, of the vessel, live-aboard vessel, or houseboat.
705 2. If the sexual offender is enrolled, employed,
706 volunteering, or carrying on a vocation at an institution of
707 higher education in this state, the sexual offender shall also
708 provide to the department through the sheriff’s office the name,
709 address, and county of each institution, including each campus
710 attended, and the sexual offender’s enrollment, volunteer, or
711 employment status. Each change in enrollment, volunteer, or
712 employment status must shall be reported in person at the
713 sheriff’s office, within 48 hours after any change in status.
714 The sheriff shall promptly notify each institution of the sexual
715 offender’s presence and any change in the sexual offender’s
716 enrollment, volunteer, or employment status.
717 (c) Provide any other information determined necessary by
718 the department, including criminal and corrections records;
719 nonprivileged personnel and treatment records; and evidentiary
720 genetic markers, when available.
721
722 When a sexual offender reports at the sheriff’s office, the
723 sheriff shall take a photograph, and a set of fingerprints, and
724 palm prints of the offender and forward the photographs, palm
725 prints, and fingerprints to the department, along with the
726 information provided by the sexual offender. The sheriff shall
727 promptly provide to the department the information received from
728 the sexual offender.
729 (4)(a) Each time a sexual offender’s driver driver’s
730 license or identification card is subject to renewal, and,
731 without regard to the status of the offender’s driver driver’s
732 license or identification card, within 48 hours after any change
733 in the offender’s permanent, temporary, or transient residence
734 or change in the offender’s name by reason of marriage or other
735 legal process, the offender shall report in person to a driver
736 driver’s license office, and is shall be subject to the
737 requirements specified in subsection (3). The Department of
738 Highway Safety and Motor Vehicles shall forward to the
739 department all photographs and information provided by sexual
740 offenders. Notwithstanding the restrictions set forth in s.
741 322.142, the Department of Highway Safety and Motor Vehicles may
742 is authorized to release a reproduction of a color-photograph or
743 digital-image license to the Department of Law Enforcement for
744 purposes of public notification of sexual offenders as provided
745 in this section and ss. 943.043 and 944.606. A sexual offender
746 who is unable to secure or update a driver license or
747 identification card with the Department of Highway Safety and
748 Motor Vehicles as provided in subsection (3) and this subsection
749 shall also report any change in the sexual offender’s permanent,
750 temporary, or transient residence or change in the offender’s
751 name by reason of marriage or other legal process within 48
752 hours after the change to the sheriff’s office in the county
753 where the offender resides or is located and provide
754 confirmation that he or she reported such information to the
755 Department of Highway Safety and Motor Vehicles.
756 (d) A sexual offender shall must register all any
757 electronic mail addresses and Internet identifiers address or
758 instant message name with the department before using such
759 electronic mail addresses and Internet identifiers address or
760 instant message name. The department shall establish an online
761 system through which sexual offenders may securely access and
762 update all electronic mail address and Internet identifier
763 instant message name information.
764 (7) A sexual offender who intends to establish a permanent,
765 temporary, or transient residence in another state or
766 jurisdiction other than the State of Florida shall report in
767 person to the sheriff of the county of current residence within
768 48 hours before the date he or she intends to leave this state
769 to establish residence in another state or jurisdiction or
770 within 21 days before his or her planned departure date if the
771 intended residence of 5 days or more is outside of the United
772 States. The notification must include the address, municipality,
773 county, and state, and country of intended residence. The
774 sheriff shall promptly provide to the department the information
775 received from the sexual offender. The department shall notify
776 the statewide law enforcement agency, or a comparable agency, in
777 the intended state, or jurisdiction, or country of residence of
778 the sexual offender’s intended residence. The failure of a
779 sexual offender to provide his or her intended place of
780 residence is punishable as provided in subsection (9).
781 (8) A sexual offender who indicates his or her intent to
782 establish a permanent, temporary, or transient residence in
783 another state, a or jurisdiction other than the State of
784 Florida, or another country and later decides to remain in this
785 state shall, within 48 hours after the date upon which the
786 sexual offender indicated he or she would leave this state,
787 report in person to the sheriff to which the sexual offender
788 reported the intended change of permanent, temporary, or
789 transient residence, and report his or her intent to remain in
790 this state. The sheriff shall promptly report this information
791 to the department. A sexual offender who reports his or her
792 intent to establish a permanent, temporary, or transient
793 residence in another state, a or jurisdiction other than the
794 State of Florida, or another country but who remains in this
795 state without reporting to the sheriff in the manner required by
796 this subsection commits a felony of the second degree,
797 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
798 (11) Except as provided in this subsection and s.
799 943.04354, a sexual offender shall must maintain registration
800 with the department for the duration of his or her life, unless
801 the sexual offender has received a full pardon or has had a
802 conviction set aside in a postconviction proceeding for any
803 offense that meets the criteria for classifying the person as a
804 sexual offender for purposes of registration. However, a sexual
805 offender:
806 (a)1. A sexual offender may petition the criminal division
807 of the circuit court of the circuit in which the sexual offender
808 resides or previously resided, or in the county where the
809 conviction or adjudication for the qualifying offense or
810 qualifying offenses occurred for the purpose of removing the
811 requirement for registration as a sexual offender if Who has
812 been lawfully released from confinement, supervision, or
813 sanction, whichever is later, for at least 25 years and has not
814 been arrested for any felony or misdemeanor offense since
815 release, provided that the sexual offender’s requirement to
816 register was not based upon an adult conviction:
817 a. Twenty-five years have elapsed since the beginning of
818 the registration period for the sexual offender’s most recent
819 conviction that required the offender to register or as provided
820 in sub-subparagraph 4.e.;
821 b. The sexual offender has not been convicted or
822 adjudicated delinquent of a felony offense or of an offense
823 punishable by more than 1 year of imprisonment during the 25
824 years preceding the petition to the court;
825 c. The sexual offender’s requirement to register was not
826 based upon an adult conviction for:
827 (I) A violation of s. 787.01; s. 794.011, excluding s.
828 794.011(10); s. 800.04(4)(b) if the court finds the offense
829 involved a victim younger than 12 years of age or a sexual
830 activity by the use of force or coercion; s. 800.04(5)(b); or s.
831 800.04(5)(c)2. where the court finds the offense involved use of
832 force or coercion and unclothed genitals or genital area;
833 (II) An attempt or conspiracy to commit any offense listed
834 in this sub-subparagraph; or
835 (III) A violation of similar law of another jurisdiction;
836 or a violation of a similar offense committed in this state
837 which has been redesignated from a former statute number to one
838 of those listed in this sub-subparagraph; and
839 d. For sexual offenders whose requirement to register is
840 based upon a conviction in another state, the sexual offender is
841 not required to register as a sexual offender pursuant to the
842 laws of the state in which the conviction occurred. Such an
843 offender must provide the court written confirmation that he or
844 she is not required to register in the state in which the
845 conviction occurred.
846 a. For a violation of s. 787.01 or s. 787.02;
847 b. For a violation of s. 794.011, excluding s. 794.011(10);
848 c. For a violation of s. 800.04(4)(b) where the court finds
849 the offense involved a victim under 12 years of age or sexual
850 activity by the use of force or coercion;
851 d. For a violation of s. 800.04(5)(b);
852 e. For a violation of s. 800.04(5)c.2. where the court
853 finds the offense involved unclothed genitals or genital area;
854 f. For any attempt or conspiracy to commit any such
855 offense; or
856 g. For a violation of similar law of another jurisdiction,
857
858 may petition the criminal division of the circuit court of the
859 circuit in which the sexual offender resides for the purpose of
860 removing the requirement for registration as a sexual offender.
861 2. A sexual offender whose requirement to register was
862 based upon an adult conviction for a violation of s. 787.02 or
863 s. 827.071(5), for an attempt or conspiracy to commit any
864 offense listed in this subparagraph, or for a violation of
865 similar law of another jurisdiction may petition the criminal
866 division of the circuit court of the circuit in which the sexual
867 offender resides or previously resided, or in the county where
868 the conviction or adjudication for the qualifying offense or
869 qualifying offenses occurred for the purpose of removing the
870 requirement for registration as a sexual offender if:
871 a. Fifteen years have elapsed since the beginning of the
872 registration period for the sexual offender’s most recent
873 conviction that required the offender to register or as provided
874 in sub-subparagraph 4.e.;
875 b. The sexual offender has not been convicted or
876 adjudicated delinquent of a felony offense or of an offense
877 punishable by more than 1 year of imprisonment during the 10
878 years preceding the petition to the court; and
879 c. For sexual offenders whose requirement to register is
880 based upon a conviction in another state, the sexual offender is
881 not required to register as a sexual offender pursuant to the
882 laws of the state in which the conviction occurred. Such an
883 offender must provide the court written confirmation that he or
884 she is not required to register in the state in which the
885 conviction occurred.
886 3. A sexual offender required to register under sub
887 subparagraph (1)(a)1.d. may petition the criminal division of
888 the circuit court of the circuit in which the sexual offender
889 resides or previously resided, or in the county where the
890 conviction or adjudication for the qualifying offense or
891 qualifying offenses occurred for the purpose of removing the
892 requirement for registration as a sexual offender if:
893 a. Twenty-five years have elapsed since the beginning of
894 the registration period for the sexual offender’s most recent
895 conviction that required the offender to register or as provided
896 in sub-subparagraph 4.e.; and
897 b. The sexual offender has not been convicted or
898 adjudicated delinquent of any felony offense or of an offense
899 punishable by more than 1 year of imprisonment during the 25
900 years preceding the petition to the court.
901 4. For purposes of this paragraph:
902 a. If the sexual offender is sentenced to a term of
903 incarceration or committed to a residential program for the most
904 recent conviction that required the offender to register the
905 registration begins upon the offender’s release from
906 incarceration or commitment.
907 b. A sexual offender’s registration period is tolled during
908 any period in which the offender is incarcerated, civilly
909 committed, detained pursuant to chapter 985, or committed to a
910 residential program.
911 c. Except as provided in sub-subparagraph e., if the sexual
912 offender is only sentenced to a term of supervision for the most
913 recent conviction that required the offender to register as a
914 sexual offender or is only subject to a period of supervision
915 for that conviction, the registration period begins when the
916 term or period of supervision for that conviction begins.
917 d. Except as provided in sub-subparagraph e., if the sexual
918 offender is sentenced to a term of supervision that follows a
919 term of incarceration for the most recent conviction that
920 required the offender to register as a sexual offender or is
921 subject to a period of supervision that follows commitment to a
922 residential program for that conviction, the registration period
923 begins when the term or period of supervision for that
924 conviction begins.
925 e. If a sexual offender is subject to subparagraph (a)1. or
926 subparagraph (a)3. and is sentenced to a term of more than 25
927 years supervision for the most recent conviction that required
928 the offender to register as a sexual offender, the sexual
929 offender may not petition for removal of the requirement for
930 registration as a sexual offender until the term of supervision
931 for that conviction is completed. If a sexual offender is
932 subject to subparagaph (a)2. and is sentenced to more than 15
933 years supervision for the most recent conviction that required
934 the offender to register as a sexual offender, the sexual
935 offender may not petition for removal of the requirement for
936 registration as a sexual offender until the term of supervision
937 for that conviction is completed.
938 5.2. The court may grant or deny relief if the offender
939 demonstrates to the court that he or she has not been arrested
940 for any crime since release; the requested relief complies with
941 this paragraph, the provisions of the federal Adam Walsh Child
942 Protection and Safety Act of 2006, and any other federal
943 standards applicable to the removal of registration requirements
944 for a sexual offender or required to be met as a condition for
945 the receipt of federal funds by the state; and the court is
946 otherwise satisfied that the offender is not a current or
947 potential threat to public safety. The state attorney in the
948 circuit in which the petition is filed and the department must
949 be given notice of the petition at least 3 weeks before the
950 hearing on the matter. The state attorney may present evidence
951 in opposition to the requested relief or may otherwise
952 demonstrate the reasons why the petition should be denied. If
953 the court grants the petition, the court shall instruct the
954 petitioner to provide the department with a certified copy of
955 the order granting relief. If the court denies the petition, the
956 court may set a future date at which the sexual offender may
957 again petition the court for relief, subject to the standards
958 for relief provided in this subsection.
959 6.3. The department shall remove an offender from
960 classification as a sexual offender for purposes of registration
961 if the offender provides to the department a certified copy of
962 the court’s written findings or order that indicates that the
963 offender is no longer required to comply with the requirements
964 for registration as a sexual offender.
965 (b) A sexual offender as defined in sub-subparagraph
966 (1)(a)1.b. must maintain registration with the department for
967 the duration of his or her life until the person provides the
968 department with an order issued by the court that designated the
969 person as a sexual predator, as a sexually violent predator, or
970 by another sexual offender designation in the state or
971 jurisdiction in which the order was issued which states that
972 such designation has been removed or demonstrates to the
973 department that such designation, if not imposed by a court, has
974 been removed by operation of law or court order in the state or
975 jurisdiction in which the designation was made, and provided
976 such person no longer meets the criteria for registration as a
977 sexual offender under the laws of this state.
978 (14)
979 (b) However, a sexual offender who is required to register
980 as a result of a conviction for:
981 1. Section 787.01 or s. 787.02 where the victim is a minor
982 and the offender is not the victim’s parent or guardian;
983 2. Section 794.011, excluding s. 794.011(10);
984 3. Section 800.04(4)(b) where the court finds the offense
985 involved a victim under 12 years of age or sexual activity by
986 the use of force or coercion;
987 4. Section 800.04(5)(b);
988 5. Section 800.04(5)(c)1. where the court finds molestation
989 involving unclothed genitals or genital area;
990 6. Section 800.04(5)c.2. where the court finds molestation
991 involving the use of force or coercion and unclothed genitals or
992 genital area;
993 7. Section 800.04(5)(d) where the court finds the use of
994 force or coercion and unclothed genitals or genital area;
995 8. Any attempt or conspiracy to commit such offense; or
996 9. A violation of a similar law of another jurisdiction; or
997 ,
998 10. A violation of a similar offense committed in this
999 state which has been redesignated from a former statute number
1000 to one of those listed in this paragraph,
1001
1002 must reregister each year during the month of the sexual
1003 offender’s birthday and every third month thereafter.
1004 (c) The sheriff’s office may determine the appropriate
1005 times and days for reporting by the sexual offender, which must
1006 shall be consistent with the reporting requirements of this
1007 subsection. Reregistration must shall include any changes to the
1008 following information:
1009 1. Name; social security number; age; race; sex; date of
1010 birth; height; weight; hair and eye color; address of any
1011 permanent residence and address of any current temporary
1012 residence, within the state or out of state, including a rural
1013 route address and a post office box; if no permanent or
1014 temporary address, any transient residence within the state;
1015 address, location or description, and dates of any current or
1016 known future temporary residence within the state or out of
1017 state; all any electronic mail addresses or Internet identifiers
1018 address and any instant message name required to be provided
1019 pursuant to paragraph (4)(d); all home telephone numbers and
1020 number and any cellular telephone numbers number; date and place
1021 of any employment; the vehicle make, model, color, vehicle
1022 identification number (VIN), and license tag number of all
1023 vehicles owned by the sexual offender and all vehicles owned by
1024 a person or persons residing at the sexual offender’s residence;
1025 fingerprints; palm prints; and photograph. A person is residing
1026 at the sexual offender’s residence if the person abides, lodges,
1027 or resides at that residence for 5 or more consecutive days. A
1028 post office box may shall not be provided in lieu of a physical
1029 residential address. The sexual offender shall also produce his
1030 or her passport, if he or she has a passport, and, if he or she
1031 is an alien, shall produce or provide information about
1032 documents establishing his or her immigration status. The sexual
1033 offender shall also provide information about any professional
1034 licenses he or she has.
1035 2. If the sexual offender is enrolled, volunteering,
1036 employed, or carrying on a vocation at an institution of higher
1037 education in this state, the sexual offender shall also provide
1038 to the department the name, address, and county of each
1039 institution, including each campus attended, and the sexual
1040 offender’s enrollment, volunteer, or employment status.
1041 3. If the sexual offender’s place of residence is a motor
1042 vehicle, trailer, mobile home, or manufactured home, as defined
1043 in chapter 320, the sexual offender shall also provide the
1044 vehicle identification number; the license tag number; the
1045 registration number; and a description, including color scheme,
1046 of the motor vehicle, trailer, mobile home, or manufactured
1047 home. If the sexual offender’s place of residence is a vessel,
1048 live-aboard vessel, or houseboat, as defined in chapter 327, the
1049 sexual offender shall also provide the hull identification
1050 number; the manufacturer’s serial number; the name of the
1051 vessel, live-aboard vessel, or houseboat; the registration
1052 number; and a description, including color scheme, of the
1053 vessel, live-aboard vessel or houseboat.
1054 4. Any sexual offender who fails to report in person as
1055 required at the sheriff’s office, or who fails to respond to any
1056 address verification correspondence from the department within 3
1057 weeks of the date of the correspondence, or who fails to report
1058 all electronic mail addresses and all Internet identifiers prior
1059 to use or instant message names, or who knowingly provides false
1060 registration information by act or omission commits a felony of
1061 the third degree, punishable as provided in s. 775.082, s.
1062 775.083, or s. 775.084.
1063 Section 5. Section 943.04354, Florida Statutes, is amended
1064 to read:
1065 943.04354 Removal of the requirement to register as a
1066 sexual offender or sexual predator in special circumstances.—
1067 (1) For purposes of this section, a person shall be
1068 considered for removal of the requirement to register as a
1069 sexual offender or sexual predator only if the person:
1070 (a) Was or will be convicted, regardless of adjudication,
1071 or adjudicated delinquent of a violation of s. 794.011, s.
1072 800.04, s. 827.071, or s. 847.0135(5) or of a similar offense in
1073 another jurisdiction or the person committed a violation of s.
1074 794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
1075 adjudication of guilt was or will be withheld, and if the person
1076 does not have any other conviction, regardless of adjudication,
1077 or adjudication of delinquency, or withhold of adjudication of
1078 guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
1079 s. 847.0135(5) or for a similar offense in another jurisdiction;
1080 (b)1. Was convicted, regardless of adjudication, or
1081 adjudicated delinquent of an offense listed in paragraph (a) and
1082 is required to register as a sexual offender or sexual predator
1083 solely on the basis of this conviction or adjudication; or
1084 violation; and
1085 2. Was convicted, regardless of adjudication, or
1086 adjudicated delinquent of an offense in another jurisdiction
1087 which is similar to an offense listed in paragraph (a) and no
1088 longer meets the criteria for registration as a sexual offender
1089 or sexual predator under the laws of the jurisdiction in which
1090 the similar offense occurred; and
1091 (c) Is not more than 4 years older than the victim of this
1092 violation who was 13 14 years of age or older but younger not
1093 more than 18 17 years of age at the time the person committed
1094 this violation.
1095 (2) If a person meets the criteria in subsection (1) and
1096 the violation of s. 794.011, s. 800.04, s. 827.071, or s.
1097 847.0135(5) was committed on or after July 1, 2007, the person
1098 may move the criminal court of the circuit in which the offense
1099 occurred or the sentencing court or, for persons convicted or
1100 adjudicated delinquent of a qualifying offense in another
1101 jurisdiction, the criminal court of the circuit in which the
1102 person resides or previously resided that will sentence or
1103 dispose of this violation to remove the requirement that the
1104 person register as a sexual offender or sexual predator. The
1105 person must allege in the motion that he or she meets the
1106 criteria in subsection (1) and that removal of the registration
1107 requirement will not conflict with federal law. A person
1108 convicted or adjudicated delinquent of an offense in another
1109 jurisdiction which is similar to an offense listed in paragraph
1110 (1)(a) must provide the court written confirmation that he or
1111 she is not required to register in the jurisdiction in which the
1112 conviction or adjudication occurred. The state attorney and the
1113 department must be given notice of the motion at least 21 days
1114 before the date of sentencing, or disposition of the this
1115 violation, or hearing on the motion and may present evidence in
1116 opposition to the requested relief or may otherwise demonstrate
1117 why the motion should be denied. At sentencing, or disposition
1118 of the this violation, or hearing on the motion, the court shall
1119 rule on the this motion, and, if the court determines the person
1120 meets the criteria in subsection (1) and the removal of the
1121 registration requirement will not conflict with federal law, it
1122 may grant the motion and order the removal of the registration
1123 requirement. The court shall instruct the person to provide the
1124 department a certified copy of the order granting relief. If the
1125 court denies the motion, the person is not authorized under this
1126 section to file another motion petition for removal of the
1127 registration requirement.
1128 (3)(a) This subsection applies to a person who:
1129 1. Is not a person described in subsection (2) because the
1130 violation of s. 794.011, s. 800.04, or s. 827.071 was not
1131 committed on or after July 1, 2007;
1132 2. Is subject to registration as a sexual offender or
1133 sexual predator for a violation of s. 794.011, s. 800.04, or s.
1134 827.071; and
1135 3. Meets the criteria in subsection (1).
1136 (b) A person may petition the court in which the sentence
1137 or disposition for the violation of s. 794.011, s. 800.04, or s.
1138 827.071 occurred for removal of the requirement to register as a
1139 sexual offender or sexual predator. The person must allege in
1140 the petition that he or she meets the criteria in subsection (1)
1141 and removal of the registration requirement will not conflict
1142 with federal law. The state attorney must be given notice of the
1143 petition at least 21 days before the hearing on the petition and
1144 may present evidence in opposition to the requested relief or
1145 may otherwise demonstrate why the petition should be denied. The
1146 court shall rule on the petition and, if the court determines
1147 the person meets the criteria in subsection (1) and removal of
1148 the registration requirement will not conflict with federal law,
1149 it may grant the petition and order the removal of the
1150 registration requirement. If the court denies the petition, the
1151 person is not authorized under this section to file any further
1152 petition for removal of the registration requirement.
1153 (3)(4) If a person provides to the Department of Law
1154 Enforcement a certified copy of the court’s order removing the
1155 requirement that the person register as a sexual offender or
1156 sexual predator for the violation of s. 794.011, s. 800.04, s.
1157 827.071, or s. 847.0135(5), or a similar offense in another
1158 jurisdiction, the registration requirement will not apply to the
1159 person and the department shall remove all information about the
1160 person from the public registry of sexual offenders and sexual
1161 predators maintained by the department. However, the removal of
1162 this information from the public registry does not mean that the
1163 public is denied access to information about the person’s
1164 criminal history or record that is otherwise available as a
1165 public record.
1166 Section 6. Subsections (2) and (3) of section 943.0437,
1167 Florida Statutes, are amended to read:
1168 943.0437 Commercial social networking websites.—
1169 (2) The department may provide information relating to
1170 electronic mail addresses and Internet identifiers, as defined
1171 in s. 775.21, instant message names maintained as part of the
1172 sexual offender registry to commercial social networking
1173 websites or third parties designated by commercial social
1174 networking websites. The commercial social networking website
1175 may use this information for the purpose of comparing registered
1176 users and screening potential users of the commercial social
1177 networking website against the list of electronic mail addresses
1178 and Internet identifiers instant message names provided by the
1179 department.
1180 (3) This section does not shall not be construed to impose
1181 any civil liability on a commercial social networking website
1182 for:
1183 (a) Any action voluntarily taken in good faith to remove or
1184 disable any profile of a registered user associated with an
1185 electronic mail address or Internet identifier instant message
1186 name contained in the sexual offender registry.
1187 (b) Any action taken to restrict access by such registered
1188 user to the commercial social networking website.
1189 Section 7. Paragraphs (b) and (d) of subsection (1) and
1190 paragraph (a) of subsection (3) of section 944.606, Florida
1191 Statutes, are amended to read:
1192 944.606 Sexual offenders; notification upon release.—
1193 (1) As used in this section:
1194 (b) “Sexual offender” means a person who has been convicted
1195 of committing, or attempting, soliciting, or conspiring to
1196 commit, any of the criminal offenses proscribed in the following
1197 statutes in this state or similar offenses in another
1198 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1199 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1200 defendant is not the victim’s parent or guardian; s.
1201 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1202 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1203 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1204 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1205 s. 916.1075(2); or s. 985.701(1); or any similar offense
1206 committed in this state which has been redesignated from a
1207 former statute number to one of those listed in this subsection,
1208 when the department has received verified information regarding
1209 such conviction; an offender’s computerized criminal history
1210 record is not, in and of itself, verified information.
1211 (d) “Internet identifier” has the same meaning as provided
1212 in s. 775.21 “Instant message name” means an identifier that
1213 allows a person to communicate in real time with another person
1214 using the Internet.
1215 (3)(a) The department shall must provide information
1216 regarding any sexual offender who is being released after
1217 serving a period of incarceration for any offense, as follows:
1218 1. The department shall must provide: the sexual offender’s
1219 name, any change in the offender’s name by reason of marriage or
1220 other legal process, and any alias, if known; the correctional
1221 facility from which the sexual offender is released; the sexual
1222 offender’s social security number, race, sex, date of birth,
1223 height, weight, and hair and eye color; address of any planned
1224 permanent residence or temporary residence, within the state or
1225 out of state, including a rural route address and a post office
1226 box; if no permanent or temporary address, any transient
1227 residence within the state; address, location or description,
1228 and dates of any known future temporary residence within the
1229 state or out of state; date and county of sentence and each
1230 crime for which the offender was sentenced; a copy of the
1231 offender’s fingerprints, palm prints, and a digitized photograph
1232 taken within 60 days before release; the date of release of the
1233 sexual offender; all any electronic mail addresses address and
1234 all Internet identifiers any instant message name required to be
1235 provided pursuant to s. 943.0435(4)(d); all and home telephone
1236 numbers number and any cellular telephone numbers; information
1237 about any professional licenses the offender has, if known; and
1238 passport information, if he or she has a passport, and, if he or
1239 she is an alien, information about documents establishing his or
1240 her immigration status number. The department shall notify the
1241 Department of Law Enforcement if the sexual offender escapes,
1242 absconds, or dies. If the sexual offender is in the custody of a
1243 private correctional facility, the facility shall take the
1244 digitized photograph of the sexual offender within 60 days
1245 before the sexual offender’s release and provide this photograph
1246 to the Department of Corrections and also place it in the sexual
1247 offender’s file. If the sexual offender is in the custody of a
1248 local jail, the custodian of the local jail shall register the
1249 offender within 3 business days after intake of the offender for
1250 any reason and upon release, and shall notify the Department of
1251 Law Enforcement of the sexual offender’s release and provide to
1252 the Department of Law Enforcement the information specified in
1253 this paragraph and any information specified in subparagraph 2.
1254 that the Department of Law Enforcement requests.
1255 2. The department may provide any other information deemed
1256 necessary, including criminal and corrections records,
1257 nonprivileged personnel and treatment records, when available.
1258 Section 8. Paragraphs (a) and (f) of subsection (1),
1259 subsection (4), and paragraphs (b) and (c) of subsection (13) of
1260 section 944.607, Florida Statutes, are amended and a new
1261 paragraph (b) is added to subsection (1) of that section to
1262 read:
1263 944.607 Notification to Department of Law Enforcement of
1264 information on sexual offenders.—
1265 (1) As used in this section, the term:
1266 (a) “Sexual offender” means a person who is in the custody
1267 or control of, or under the supervision of, the department or is
1268 in the custody of a private correctional facility:
1269 1. On or after October 1, 1997, as a result of a conviction
1270 for committing, or attempting, soliciting, or conspiring to
1271 commit, any of the criminal offenses proscribed in the following
1272 statutes in this state or similar offenses in another
1273 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1274 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1275 defendant is not the victim’s parent or guardian; s.
1276 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1277 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1278 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1279 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1280 s. 916.1075(2); or s. 985.701(1); or any similar offense
1281 committed in this state which has been redesignated from a
1282 former statute number to one of those listed in this paragraph;
1283 or
1284 2. Who establishes or maintains a residence in this state
1285 and who has not been designated as a sexual predator by a court
1286 of this state but who has been designated as a sexual predator,
1287 as a sexually violent predator, or by another sexual offender
1288 designation in another state or jurisdiction and was, as a
1289 result of such designation, subjected to registration or
1290 community or public notification, or both, or would be if the
1291 person were a resident of that state or jurisdiction, without
1292 regard as to whether the person otherwise meets the criteria for
1293 registration as a sexual offender.
1294 (b) “Vehicles owned” has the same meaning as provided in s.
1295 775.21.
1296 (g)(f) “Internet identifier” has the same meaning as
1297 provided in s. 775.21 “Instant message name” means an identifier
1298 that allows a person to communicate in real time with another
1299 person using the Internet.
1300 (4) A sexual offender, as described in this section, who is
1301 under the supervision of the Department of Corrections but is
1302 not incarcerated shall must register with the Department of
1303 Corrections within 3 business days after sentencing for a
1304 registrable offense and otherwise provide information as
1305 required by this subsection.
1306 (a) The sexual offender shall provide his or her name; date
1307 of birth; social security number; race; sex; height; weight;
1308 hair and eye color; tattoos or other identifying marks; all any
1309 electronic mail addresses address and Internet identifiers any
1310 instant message name required to be provided pursuant to s.
1311 943.0435(4)(d); all home telephone numbers and cellular
1312 telephone numbers; the make, model, color, vehicle
1313 identification number (VIN), and license tag number of all
1314 vehicles owned by the sexual offender and all vehicles owned by
1315 a person or persons residing at the sexual offender’s residence;
1316 permanent or legal residence and address of temporary residence
1317 within the state or out of state while the sexual offender is
1318 under supervision in this state, including any rural route
1319 address or post office box; if no permanent or temporary
1320 address, any transient residence within the state; and address,
1321 location or description, and dates of any current or known
1322 future temporary residence within the state or out of state. A
1323 person is residing at the sexual offender’s residence if the
1324 person abides, lodges, or resides at that residence for 5 or
1325 more consecutive days. The sexual offender shall also produce
1326 his or her passport, if he or she has a passport, and, if he or
1327 she is an alien, shall produce or provide information about
1328 documents establishing his or her immigration status. The sexual
1329 offender shall also provide information about any professional
1330 licenses he or she has. The Department of Corrections shall
1331 verify the address of each sexual offender in the manner
1332 described in ss. 775.21 and 943.0435. The department shall
1333 report to the Department of Law Enforcement any failure by a
1334 sexual predator or sexual offender to comply with registration
1335 requirements.
1336 (b) If the sexual offender is enrolled, employed,
1337 volunteering, or carrying on a vocation at an institution of
1338 higher education in this state, the sexual offender shall
1339 provide the name, address, and county of each institution,
1340 including each campus attended, and the sexual offender’s
1341 enrollment, volunteer, or employment status. Each change in
1342 enrollment, volunteer, or employment status must shall be
1343 reported to the department within 48 hours after the change in
1344 status. The Department of Corrections shall promptly notify each
1345 institution of the sexual offender’s presence and any change in
1346 the sexual offender’s enrollment, volunteer, or employment
1347 status.
1348 (13)
1349 (b) However, a sexual offender who is required to register
1350 as a result of a conviction for:
1351 1. Section 787.01 or s. 787.02 where the victim is a minor
1352 and the offender is not the victim’s parent or guardian;
1353 2. Section 794.011, excluding s. 794.011(10);
1354 3. Section 800.04(4)(b) where the victim is under 12 years
1355 of age or where the court finds sexual activity by the use of
1356 force or coercion;
1357 4. Section 800.04(5)(b);
1358 5. Section 800.04(5)(c)1. where the court finds molestation
1359 involving unclothed genitals or genital area;
1360 6. Section 800.04(5)c.2. where the court finds molestation
1361 involving use of force or coercion and unclothed genitals or
1362 genital area;
1363 7. Section 800.04(5)(d) where the court finds the use of
1364 force or coercion and unclothed genitals or genital area;
1365 8. Any attempt or conspiracy to commit such offense; or
1366 9. A violation of a similar law of another jurisdiction;
1367 or,
1368 10. A violation of a similar offense committed in this
1369 state which has been redesignated from a former statute number
1370 to one of those listed in this paragraph.
1371
1372 must reregister each year during the month of the sexual
1373 offender’s birthday and every third month thereafter.
1374 (c) The sheriff’s office may determine the appropriate
1375 times and days for reporting by the sexual offender, which must
1376 shall be consistent with the reporting requirements of this
1377 subsection. Reregistration must shall include any changes to the
1378 following information:
1379 1. Name; social security number; age; race; sex; date of
1380 birth; height; weight; hair and eye color; address of any
1381 permanent residence and address of any current temporary
1382 residence, within the state or out of state, including a rural
1383 route address and a post office box; if no permanent or
1384 temporary address, any transient residence; address, location or
1385 description, and dates of any current or known future temporary
1386 residence within the state or out of state; all any electronic
1387 mail addresses and Internet identifiers address and any instant
1388 message name required to be provided pursuant to s.
1389 943.0435(4)(d); all home telephone numbers and cellular
1390 telephone numbers; date and place of any employment; the vehicle
1391 make, model, color, vehicle identification number (VIN), and
1392 license tag number of all vehicles owned by the sexual offender
1393 and all vehicles owned by a person or persons residing at the
1394 sexual offender’s residence; fingerprints; palm prints; and
1395 photograph. A person is residing at the sexual offender’s
1396 residence if the person abides, lodges, or resides at that
1397 residence for 5 or more consecutive days. A post office box may
1398 shall not be provided in lieu of a physical residential address.
1399 The sexual offender shall also produce his or her passport, if
1400 he or she has a passport, and, if he or she is an alien, shall
1401 produce or provide information about documents establishing his
1402 or her immigration status. The sexual offender shall also
1403 provide information about any professional licenses he or she
1404 has.
1405 2. If the sexual offender is enrolled, employed,
1406 volunteering, or carrying on a vocation at an institution of
1407 higher education in this state, the sexual offender shall also
1408 provide to the department the name, address, and county of each
1409 institution, including each campus attended, and the sexual
1410 offender’s enrollment, volunteer, or employment status.
1411 3. If the sexual offender’s place of residence is a motor
1412 vehicle, trailer, mobile home, or manufactured home, as defined
1413 in chapter 320, the sexual offender shall also provide the
1414 vehicle identification number; the license tag number; the
1415 registration number; and a description, including color scheme,
1416 of the motor vehicle, trailer, mobile home, or manufactured
1417 home. If the sexual offender’s place of residence is a vessel,
1418 live-aboard vessel, or houseboat, as defined in chapter 327, the
1419 sexual offender shall also provide the hull identification
1420 number; the manufacturer’s serial number; the name of the
1421 vessel, live-aboard vessel, or houseboat; the registration
1422 number; and a description, including color scheme, of the
1423 vessel, live-aboard vessel or houseboat.
1424 4. Any sexual offender who fails to report in person as
1425 required at the sheriff’s office, or who fails to respond to any
1426 address verification correspondence from the department within 3
1427 weeks of the date of the correspondence, or who fails to report
1428 all electronic mail addresses or Internet identifiers prior to
1429 use or instant message names, or who knowingly provides false
1430 registration information by act or omission commits a felony of
1431 the third degree, punishable as provided in s. 775.082, s.
1432 775.083, or s. 775.084.
1433 Section 9. Paragraph (a) of subsection (3) of section
1434 985.481, Florida Statutes, is amended and a new paragraph (c) is
1435 added to subsection (1) of that section to read:
1436 985.481 Sexual offenders adjudicated delinquent;
1437 notification upon release.—
1438 (1) As used in this section:
1439 (a) “Convicted” has the same meaning as provided in s.
1440 943.0435.
1441 (b) “Sexual offender” means a person who has been
1442 adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
1443 (c) “Vehicles owned” has the same meaning as provided in s.
1444 775.21.
1445 (3)(a) The department shall must provide information
1446 regarding any sexual offender who is being released after
1447 serving a period of residential commitment under the department
1448 for any offense, as follows:
1449 1. The department shall must provide the sexual offender’s
1450 name, any change in the offender’s name by reason of marriage or
1451 other legal process, and any alias, if known; the correctional
1452 facility from which the sexual offender is released; the sexual
1453 offender’s social security number, race, sex, date of birth,
1454 height, weight, and hair and eye color; the make, model, color,
1455 vehicle identification number (VIN), and license tag number of
1456 all vehicles owned by the sexual offender and all vehicles owned
1457 by a person or persons residing at the sexual offender’s
1458 residence, if known; address of any planned permanent residence
1459 or temporary residence, within the state or out of state,
1460 including a rural route address and a post office box; if no
1461 permanent or temporary address, any transient residence within
1462 the state; address, location or description, and dates of any
1463 known future temporary residence within the state or out of
1464 state; date and county of disposition and each crime for which
1465 there was a disposition; a copy of the offender’s fingerprints
1466 and a digitized photograph taken within 60 days before release;
1467 the date of release of the sexual offender; all and home
1468 telephone numbers number and any cellular telephone numbers;
1469 information about any professional licenses the offender has, if
1470 known; and passport information, if he or she has a passport,
1471 and, if he or she is an alien, information about documents
1472 establishing his or her immigration status number. A person is
1473 residing at the sexual offender’s residence if the person
1474 abides, lodges, or resides at that residence for 5 or more
1475 consecutive days. The department shall notify the Department of
1476 Law Enforcement if the sexual offender escapes, absconds, or
1477 dies. If the sexual offender is in the custody of a private
1478 correctional facility, the facility shall take the digitized
1479 photograph of the sexual offender within 60 days before the
1480 sexual offender’s release and also place it in the sexual
1481 offender’s file. If the sexual offender is in the custody of a
1482 local jail, the custodian of the local jail shall register the
1483 offender within 3 business days after intake of the offender for
1484 any reason and upon release, and shall notify the Department of
1485 Law Enforcement of the sexual offender’s release and provide to
1486 the Department of Law Enforcement the information specified in
1487 this subparagraph and any information specified in subparagraph
1488 2. which the Department of Law Enforcement requests.
1489 2. The department may provide any other information
1490 considered necessary, including criminal and delinquency
1491 records, when available.
1492 Section 10. Subsection (4) and paragraph (b) of subsection
1493 (13) of section 985.4815, Florida Statutes, are amended and a
1494 new paragraph (e) is added to subsection (1) of that section to
1495 read:
1496 985.4815 Notification to Department of Law Enforcement of
1497 information on juvenile sexual offenders.—
1498 (1) As used in this section, the term:
1499 (a) “Change in enrollment or employment status” means the
1500 commencement or termination of enrollment or employment or a
1501 change in location of enrollment or employment.
1502 (b) “Conviction” has the same meaning as provided in s.
1503 943.0435.
1504 (c) “Institution of higher education” means a career
1505 center, community college, college, state university, or
1506 independent postsecondary institution.
1507 (d) “Sexual offender” means a person who is in the care or
1508 custody or under the jurisdiction or supervision of the
1509 department or is in the custody of a private correctional
1510 facility and who:
1511 1. Has been adjudicated delinquent as provided in s.
1512 943.0435(1)(a)1.d.; or
1513 2. Establishes or maintains a residence in this state and
1514 has not been designated as a sexual predator by a court of this
1515 state but has been designated as a sexual predator, as a
1516 sexually violent predator, or by another sexual offender
1517 designation in another state or jurisdiction and was, as a
1518 result of such designation, subjected to registration or
1519 community or public notification, or both, or would be if the
1520 person were a resident of that state or jurisdiction, without
1521 regard to whether the person otherwise meets the criteria for
1522 registration as a sexual offender.
1523 (e) “Vehicles owned” has the same meaning as provided in s.
1524 775.21.
1525 (4) A sexual offender, as described in this section, who is
1526 under the supervision of the department but who is not committed
1527 shall must register with the department within 3 business days
1528 after adjudication and disposition for a registrable offense and
1529 otherwise provide information as required by this subsection.
1530 (a) The sexual offender shall provide his or her name; date
1531 of birth; social security number; race; sex; height; weight;
1532 hair and eye color; tattoos or other identifying marks; the
1533 make, model, color, vehicle identification number (VIN), and
1534 license tag number of all vehicles owned by the sexual offender
1535 and all vehicles owned by a person or persons residing at the
1536 sexual offender’s residence; permanent or legal residence and
1537 address of temporary residence within the state or out of state
1538 while the sexual offender is in the care or custody or under the
1539 jurisdiction or supervision of the department in this state,
1540 including any rural route address or post office box; if no
1541 permanent or temporary address, any transient residence;
1542 address, location or description, and dates of any current or
1543 known future temporary residence within the state or out of
1544 state; and the name and address of each school attended. A
1545 person is residing at the sexual offender’s residence if the
1546 person abides, lodges, or resides at that residence for 5 or
1547 more consecutive days. The sexual offender shall also produce
1548 his or her passport, if he or she has a passport, and, if he or
1549 she is an alien, shall produce or provide information about
1550 documents establishing his or her immigration status. The
1551 offender shall also provide information about any professional
1552 licenses he or she has. The department shall verify the address
1553 of each sexual offender and shall report to the Department of
1554 Law Enforcement any failure by a sexual offender to comply with
1555 registration requirements.
1556 (b) If the sexual offender is enrolled, employed,
1557 volunteering, or carrying on a vocation at an institution of
1558 higher education in this state, the sexual offender shall
1559 provide the name, address, and county of each institution,
1560 including each campus attended, and the sexual offender’s
1561 enrollment, volunteer, or employment status. Each change in
1562 enrollment, volunteer, or employment status must shall be
1563 reported to the department within 48 hours after the change in
1564 status. The department shall promptly notify each institution of
1565 the sexual offender’s presence and any change in the sexual
1566 offender’s enrollment, volunteer, or employment status.
1567 (13)
1568 (b) The sheriff’s office may determine the appropriate
1569 times and days for reporting by the sexual offender, which must
1570 shall be consistent with the reporting requirements of this
1571 subsection. Reregistration must shall include any changes to the
1572 following information:
1573 1. Name; social security number; age; race; sex; date of
1574 birth; height; weight; hair and eye color; fingerprints; palm
1575 prints; address of any permanent residence and address of any
1576 current temporary residence, within the state or out of state,
1577 including a rural route address and a post office box; if no
1578 permanent or temporary address, any transient residence;
1579 address, location or description, and dates of any current or
1580 known future temporary residence within the state or out of
1581 state; passport information, if he or she has a passport, and,
1582 if he or she is an alien, information about documents
1583 establishing his or her immigration status; name and address of
1584 each school attended; date and place of any employment; the
1585 vehicle make, model, color, vehicle identification number (VIN),
1586 and license tag number of all vehicles owned by the sexual
1587 offender and all vehicles owned by a person or persons residing
1588 at the sexual offender’s residence; fingerprints; and
1589 photograph. A person is residing at the sexual offender’s
1590 residence if the person abides, lodges, or resides at that
1591 residence for 5 or more consecutive days. A post office box may
1592 shall not be provided in lieu of a physical residential address.
1593 The offender shall also provide information about any
1594 professional licenses he or she has.
1595 2. If the sexual offender is enrolled, employed,
1596 volunteering, or carrying on a vocation at an institution of
1597 higher education in this state, the sexual offender shall also
1598 provide to the department the name, address, and county of each
1599 institution, including each campus attended, and the sexual
1600 offender’s enrollment, volunteer, or employment status.
1601 3. If the sexual offender’s place of residence is a motor
1602 vehicle, trailer, mobile home, or manufactured home, as defined
1603 in chapter 320, the sexual offender shall also provide the
1604 vehicle identification number; the license tag number; the
1605 registration number; and a description, including color scheme,
1606 of the motor vehicle, trailer, mobile home, or manufactured
1607 home. If the sexual offender’s place of residence is a vessel,
1608 live-aboard vessel, or houseboat, as defined in chapter 327, the
1609 sexual offender shall also provide the hull identification
1610 number; the manufacturer’s serial number; the name of the
1611 vessel, live-aboard vessel, or houseboat; the registration
1612 number; and a description, including color scheme, of the
1613 vessel, live-aboard vessel, or houseboat.
1614 4. Any sexual offender who fails to report in person as
1615 required at the sheriff’s office, or who fails to respond to any
1616 address verification correspondence from the department within 3
1617 weeks after the date of the correspondence, or who knowingly
1618 provides false registration information by act or omission
1619 commits a felony of the third degree, punishable as provided in
1620 ss. 775.082, 775.083, and 775.084.
1621 Section 11. Paragraphs (g) and (i) of subsection (3) of
1622 section 921.0022, Florida Statutes, are amended to read:
1623 921.0022 Criminal Punishment Code; offense severity ranking
1624 chart.—
1625 (3) OFFENSE SEVERITY RANKING CHART
1626 (g) LEVEL 7
1627
1628 FloridaStatute FelonyDegree Description
1629 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1630 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1631 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.
1632 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1633 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1634 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1635 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1636 456.065(2) 3rd Practicing a health care profession without a license.
1637 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1638 458.327(1) 3rd Practicing medicine without a license.
1639 459.013(1) 3rd Practicing osteopathic medicine without a license.
1640 460.411(1) 3rd Practicing chiropractic medicine without a license.
1641 461.012(1) 3rd Practicing podiatric medicine without a license.
1642 462.17 3rd Practicing naturopathy without a license.
1643 463.015(1) 3rd Practicing optometry without a license.
1644 464.016(1) 3rd Practicing nursing without a license.
1645 465.015(2) 3rd Practicing pharmacy without a license.
1646 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1647 467.201 3rd Practicing midwifery without a license.
1648 468.366 3rd Delivering respiratory care services without a license.
1649 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1650 483.901(9) 3rd Practicing medical physics without a license.
1651 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1652 484.053 3rd Dispensing hearing aids without a license.
1653 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.
1654 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.
1655 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1656 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1657 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
1658 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1659 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1660 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1661 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1662 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1663 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1664 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1665 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1666 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1667 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1668 784.048(7) 3rd Aggravated stalking; violation of court order.
1669 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1670 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1671 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1672 784.081(1) 1st Aggravated battery on specified official or employee.
1673 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1674 784.083(1) 1st Aggravated battery on code inspector.
1675 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
1676 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.
1677 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1678 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1679 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1680 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1681 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1682 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1683 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1684 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.
1685 796.03 2nd Procuring any person under 18 16 years for prostitution.
1686 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1687 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.
1688 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1689 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1690 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1691 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1692 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1693 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.
1694 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1695 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1696 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1697 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1698 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1699 812.131(2)(a) 2nd Robbery by sudden snatching.
1700 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1701 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1702 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1703 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1704 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1705 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.
1706 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1707 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1708 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.
1709 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1710 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1711 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1712 838.015 2nd Bribery.
1713 838.016 2nd Unlawful compensation or reward for official behavior.
1714 838.021(3)(a) 2nd Unlawful harm to a public servant.
1715 838.22 2nd Bid tampering.
1716 843.0855(2) 3rd Impersonation of a public officer or employee.
1717 843.0855(3) 3rd Unlawful simulation of legal process.
1718 843.0855(4) 3rd Intimidation of a public officer or employee.
1719 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1720 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1721 872.06 2nd Abuse of a dead human body.
1722 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1723 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1724 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.
1725 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.
1726 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).
1727 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1728 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1729 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1730 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1731 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1732 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1733 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1734 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1735 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1736 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1737 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1738 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1739 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1740 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1741 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1742 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1743 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1744 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1745 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1746 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1747 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1748 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1749 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1750 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1751 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1752 (i) LEVEL 9
1753
1754 FloridaStatute FelonyDegree Description
1755 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1756 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1757 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1758 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1759 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1760 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1761 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1762 775.0844 1st Aggravated white collar crime.
1763 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1764 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.
1765 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1766 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1767 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1768 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1769 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1770 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.
1771 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
1772 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
1773 787.06(4) 1st Selling or buying of minors into human trafficking.
1774 790.161 1st Attempted capital destructive device offense.
1775 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1776 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1777 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1778 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1779 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1780 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1781 796.035 1st Selling or buying of minors into prostitution.
1782 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1783 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1784 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1785 812.135(2)(b) 1st Home-invasion robbery with weapon.
1786 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1787 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1788 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
1789 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.
1790 827.03(2)(a) 1st Aggravated child abuse.
1791 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1792 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1793 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.
1794 893.135 1st Attempted capital trafficking offense.
1795 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1796 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1797 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1798 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1799 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1800 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1801 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1802 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1803 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1804 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1805 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1806 Section 12. This act shall take effect October 1, 2014.
1807
1808 ================= T I T L E A M E N D M E N T ================
1809 And the title is amended as follows:
1810 Delete everything before the enacting clause
1811 and insert:
1812 A bill to be entitled
1813 An act relating to sex offenses; amending s. 68.07,
1814 F.S.; requiring the Florida Department of Law
1815 Enforcement to inform the clerk of the court if a
1816 person petitioning for a name change has registered as
1817 a sexual predator or sexual offender; requiring that
1818 each name change petition show whether the petitioner
1819 has ever been required to register as a sexual
1820 predator or sexual offender; requiring certain
1821 agencies to be notified of an order granting a name
1822 change to a person required to register as a sexual
1823 predator or sexual offender; requiring the Department
1824 of Law Enforcement and applicable law enforcement
1825 agencies to be notified when a person required to
1826 register as a sexual predator or sexual offender and
1827 granted a legal name change fails to meet requirements
1828 to obtain a replacement driver's license or
1829 identification card; amending s. 775.21, F.S.;
1830 revising definitions; providing that voluntary
1831 disclosure of specified information waives a
1832 disclosure exemption for such information; adding
1833 additional offenses to the list of sexual predator
1834 qualifying offenses; requiring disclosure of
1835 additional information during the sexual predator
1836 registration process; requiring that a sexual predator
1837 who is unable to secure or update a driver license or
1838 identification card within a specified period report a
1839 change in certain information to the local sheriff’s
1840 office within a specified time after such change and
1841 confirm that he or she also reported such information
1842 to the Department of Highway Safety and Motor
1843 Vehicles; revising reporting requirements if a sexual
1844 predator plans to leave the United States for more
1845 than a specified time; providing criminal penalties
1846 for knowingly providing false registration information
1847 by act or omission; conforming provisions to changes
1848 made by the act; amending s. 943.043, F.S.;
1849 prohibiting display or dissemination of certain
1850 vehicle information on the Internet public registry of
1851 sexual predators and offenders; amending s. 943.0435,
1852 F.S.; adding additional offenses to the list of sexual
1853 offender qualifying offenses; revising definitions;
1854 requiring disclosure of additional sexual offender
1855 registration information; requiring that a sexual
1856 offender who is unable to secure or update a driver
1857 license or identification card within a specified
1858 period report a change in certain information to the
1859 local sheriff’s office within a specified period of
1860 time of such change and confirm that he or she also
1861 reported such information to the Department of Highway
1862 Safety and Motor Vehicles; providing additional
1863 requirements for sexual offenders intending to reside
1864 outside of the United States; revising criteria
1865 applicable to provisions that allow removal of the
1866 requirement to register as a sexual offender;
1867 providing criminal penalties for knowingly providing
1868 false registration information by act or omission;
1869 conforming provisions to changes made by the act;
1870 amending s. 943.04354, F.S.; revising the criteria
1871 applicable to provisions that allow removal of the
1872 requirement to register as a sexual offender or sexual
1873 predator; amending s. 943.0437, F.S.; conforming
1874 terminology; amending ss. 944.606 and 944.607, F.S.;
1875 adding additional offenses to the list of sexual
1876 offender qualifying offenses; revising definitions;
1877 requiring disclosure of additional registration
1878 information; providing criminal penalties for
1879 knowingly providing false registration information by
1880 act or omission; conforming provisions to changes made
1881 by the act; amending ss. 985.481 and 985.4815, F.S.;
1882 requiring disclosure of additional registration
1883 information by certain sexual offenders adjudicated
1884 delinquent and certain juvenile sexual offenders;
1885 providing criminal penalties for knowingly providing
1886 false registration information by act or omission;
1887 amending s. 921.0022, F.S.; updating provisions of the
1888 offense severity ranking chart of the Criminal
1889 Punishment Code to reflect prior changes in the law;
1890 conforming provisions of the offense severity ranking
1891 chart to changes made by the act; providing an
1892 effective date.