Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. CS for SB 528

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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/21/2014 .
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following:

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, are amended and a new
7 paragraph (i) is added to subsection (3) of that section to
8 read:
9 68.07 Change of name.—
10 (2)(a) Before the court hearing on a petition for a name
11 change, the petitioner must have fingerprints submitted for a
12 state and national criminal history records check, except if a
13 former name is being restored. Fingerprints for the petitioner
14 shall be taken in a manner approved by the Department of Law
15 Enforcement and shall be submitted electronically to the
16 department for state processing for a criminal history records
17 check. The department shall submit the fingerprints to the
18 Federal Bureau of Investigation for national processing. The
19 department shall submit the results of the state and national
20 records check, which must indicate whether the petitioner has
21 registered as a sexual predator or a sexual offender, to the
22 clerk of the court. The court shall consider the results in
23 reviewing the information contained in the petition and
24 evaluating whether to grant the petition.
25 (3) Each petition shall be verified and show:
26 (i) Whether the petitioner has ever been required to
27 register as a sexual predator under s. 775.021 or as a sexual
28 offender under s. 943.0435.
29 (j)(i) Whether any money judgment has ever been entered
30 against the petitioner and if so, the name of the judgment
31 creditor, the amount and date thereof, the court by which
32 entered, and whether the judgment has been satisfied.
33 (k)(j) That the petition is filed for no ulterior or
34 illegal purpose and granting it will not in any manner invade
35 the property rights of others, whether partnership, patent, good
36 will, privacy, trademark, or otherwise.
37 (l)(k) That the petitioner’s civil rights have never been
38 suspended or, if the petitioner’s civil rights have been
39 suspended, that full restoration of civil rights has occurred.
40 (6) The clerk of the court must, within 5 business days
41 after upon the filing of the final judgment, send a report of
42 the judgment to the Department of Law Enforcement on a form to
43 be furnished by that department. If the petitioner is required
44 to register as a sexual predator or a sexual offender pursuant
45 to s. 775.21 or s. 943.0435, the clerk of court shall
46 electronically notify the Department of Law Enforcement of the
47 name change, in a manner prescribed by that department, within 2
48 business days after the filing of the final judgment. The
49 Department of Law Enforcement must send a copy of the report to
50 the Department of Highway Safety and Motor Vehicles, which may
51 be delivered by electronic transmission. The report must contain
52 sufficient information to identify the petitioner, including the
53 results of the criminal history records check if applicable, the
54 new name of the petitioner, and the file number of the judgment.
55 The Department of Highway Safety and Motor Vehicles shall
56 monitor the records of any sexual predator or sexual offender
57 whose name has been provided to it by the Department of Law
58 Enforcement. If the sexual predator or sexual offender does not
59 obtain a replacement driver license or identification card
60 within the required time as specified in s. 775.21 or s.
61 943.0435, the Department of Highway Safety and Motor Vehicles
62 shall notify the Department of Law Enforcement. The Department
63 of Law Enforcement shall notify applicable law enforcement
64 agencies of the offender’s failure to comply with registration
65 requirements. Any information retained by the Department of Law
66 Enforcement and the Department of Highway Safety and Motor
67 Vehicles may be revised or supplemented by said departments to
68 reflect changes made by the final judgment. With respect to a
69 person convicted of a felony in another state or of a federal
70 offense, the Department of Law Enforcement must send the report
71 to the respective state’s office of law enforcement records or
72 to the office of the Federal Bureau of Investigation. The
73 Department of Law Enforcement may forward the report to any
74 other law enforcement agency it believes may retain information
75 related to the petitioner.
76 Section 2. Paragraphs (i) and (m) of subsection (2),
77 paragraph (a) of subsection (4), subsections (6) and (8), and
78 paragraphs (a) and (d) of subsection (10) of section 775.21,
79 Florida Statutes, are amended, and a new paragraph (n) is added
80 to subsection (2) of that section to read:
81 775.21 The Florida Sexual Predators Act.—
82 (2) DEFINITIONS.—As used in this section, the term:
83 (i) “Internet identifier Instant message name” means all
84 electronic mail, chat, instant messenger, social networking,
85 application software, or similar names used for Internet
86 communication, but does not include a date of birth, social
87 security number, or personal identification number (PIN).
88 Voluntary disclosure by a sexual predator of his or her date of
89 birth, social security number, or PIN as an Internet identifier
90 waives the disclosure exemption in this paragraph for such
91 personal information an identifier that allows a person to
92 communicate in real time with another person using the Internet.
93 (m) “Transient residence” means a place or county where a
94 person lives, remains, or is located for a period of 5 or more
95 days in the aggregate during a calendar year and which is not
96 the person’s permanent or temporary address. The term includes,
97 but is not limited to, a place where the person sleeps or seeks
98 shelter and a location that has no specific street address.
99 (n) “Vehicles owned” means any motor vehicle as defined in
100 s. 320.01, which is registered, co-registered, leased, titled,
101 or rented by a sexual predator or sexual offender; a rented
102 vehicle that a sexual predator or sexual offender is authorized
103 to drive; or a vehicle for which a sexual predator or sexual
104 offender is insured as a driver. The term also includes any
105 motor vehicle as defined in s. 320.01, which is registered, co
106 registered, leased, titled, or rented by a person or persons
107 residing at a sexual predator or sexual offender's permanent
108 residence for 5 or more consecutive days.
109 (4) SEXUAL PREDATOR CRITERIA.—
110 (a) For a current offense committed on or after October 1,
111 1993, upon conviction, an offender shall be designated as a
112 “sexual predator” under subsection (5), and subject to
113 registration under subsection (6) and community and public
114 notification under subsection (7) if:
115 1. The felony is:
116 a. A capital, life, or first-degree felony violation, or
117 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
118 is a minor and the defendant is not the victim’s parent or
119 guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
120 violation of a similar law of another jurisdiction; or
121 b. Any felony violation, or any attempt thereof, of s.
122 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
123 787.025(2)(c), where the victim is a minor and the defendant is
124 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
125 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
126 796.03; s. 796.035; s. 800.04; s. 810.145(8)(b); s. 825.1025 s.
127 825.1025(2)(b); s. 827.071; s. 847.0135, excluding s.
128 847.0135(6) s. 847.0135(5); s. 847.0145; s. 916.1075(2); or s.
129 985.701(1); or a violation of a similar law of another
130 jurisdiction, and the offender has previously been convicted of
131 or found to have committed, or has pled nolo contendere or
132 guilty to, regardless of adjudication, any violation of s.
133 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
134 787.025(2)(c), where the victim is a minor and the defendant is
135 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
136 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
137 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s.
138 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0145; s.
139 916.1075(2); or s. 985.701(1); or a violation of a similar law
140 of another jurisdiction;
141 2. The offender has not received a pardon for any felony or
142 similar law of another jurisdiction that is necessary for the
143 operation of this paragraph; and
144 3. A conviction of a felony or similar law of another
145 jurisdiction necessary to the operation of this paragraph has
146 not been set aside in any postconviction proceeding.
147 (6) REGISTRATION.—
148 (a) A sexual predator shall must register with the
149 department through the sheriff’s office by providing the
150 following information to the department:
151 1. Name; social security number; age; race; sex; date of
152 birth; height; weight; tattoos or other identifying marks; hair
153 and eye color; photograph; address of legal residence and
154 address of any current temporary residence, within the state or
155 out of state, including a rural route address and a post office
156 box; if no permanent or temporary address, any transient
157 residence within the state; address, location or description,
158 and dates of any current or known future temporary residence
159 within the state or out of state; all any electronic mail
160 addresses address and all Internet identifiers any instant
161 message name required to be provided pursuant to subparagraph
162 (g)4.; all home telephone numbers number and any cellular
163 telephone numbers number; date and place of any employment; the
164 make, model, color, vehicle identification number (VIN), and
165 license tag number of all vehicles owned; date and place of each
166 conviction; fingerprints; palm prints; and a brief description
167 of the crime or crimes committed by the offender. A post office
168 box may shall not be provided in lieu of a physical residential
169 address. The sexual predator shall produce his or her passport,
170 if he or she has a passport, and, if he or she is an alien,
171 shall produce or provide information about documents
172 establishing his or her immigration status. The sexual predator
173 shall also provide information about any professional licenses
174 he or she has.
175 a. If the sexual predator’s place of residence is a motor
176 vehicle, trailer, mobile home, or manufactured home, as defined
177 in chapter 320, the sexual predator shall also provide to the
178 department written notice of the vehicle identification number;
179 the license tag number; the registration number; and a
180 description, including color scheme, of the motor vehicle,
181 trailer, mobile home, or manufactured home. If a sexual
182 predator’s place of residence is a vessel, live-aboard vessel,
183 or houseboat, as defined in chapter 327, the sexual predator
184 shall also provide to the department written notice of the hull
185 identification number; the manufacturer’s serial number; the
186 name of the vessel, live-aboard vessel, or houseboat; the
187 registration number; and a description, including color scheme,
188 of the vessel, live-aboard vessel, or houseboat.
189 b. If the sexual predator is enrolled, employed,
190 volunteering, or carrying on a vocation at an institution of
191 higher education in this state, the sexual predator shall also
192 provide to the department the name, address, and county of each
193 institution, including each campus attended, and the sexual
194 predator’s enrollment, volunteer, or employment status. Each
195 change in enrollment, volunteer, or employment status must shall
196 be reported in person at the sheriff’s office, or the Department
197 of Corrections if the sexual predator is in the custody or
198 control of or under the supervision of the Department of
199 Corrections, within 48 hours after any change in status. The
200 sheriff or the Department of Corrections shall promptly notify
201 each institution of the sexual predator’s presence and any
202 change in the sexual predator’s enrollment, volunteer, or
203 employment status.
204 c. A sexual predator shall report in person to the
205 sheriff’s office within 48 hours after any change in vehicles
206 owned.
207 2. Any other information determined necessary by the
208 department, including criminal and corrections records;
209 nonprivileged personnel and treatment records; and evidentiary
210 genetic markers when available.
211 (b) If the sexual predator is in the custody or control of,
212 or under the supervision of, the Department of Corrections, or
213 is in the custody of a private correctional facility, the sexual
214 predator shall must register with the Department of Corrections.
215 A sexual predator who is under the supervision of the Department
216 of Corrections but who is not incarcerated shall must register
217 with the Department of Corrections within 3 business days after
218 the court finds the offender to be a sexual predator. The
219 Department of Corrections shall provide to the department
220 registration information and the location of, and local
221 telephone number for, any Department of Corrections office that
222 is responsible for supervising the sexual predator. In addition,
223 the Department of Corrections shall notify the department if the
224 sexual predator escapes or absconds from custody or supervision
225 or if the sexual predator dies.
226 (c) If the sexual predator is in the custody of a local
227 jail, the custodian of the local jail shall register the sexual
228 predator within 3 business days after intake of the sexual
229 predator for any reason and upon release, and shall forward the
230 registration information to the department. The custodian of the
231 local jail shall also take a digitized photograph of the sexual
232 predator while the sexual predator remains in custody and shall
233 provide the digitized photograph to the department. The
234 custodian shall notify the department if the sexual predator
235 escapes from custody or dies.
236 (d) If the sexual predator is under federal supervision,
237 the federal agency responsible for supervising the sexual
238 predator may forward to the department any information regarding
239 the sexual predator which is consistent with the information
240 provided by the Department of Corrections under this section,
241 and may indicate whether use of the information is restricted to
242 law enforcement purposes only or may be used by the department
243 for purposes of public notification.
244 (e)1. If the sexual predator is not in the custody or
245 control of, or under the supervision of, the Department of
246 Corrections or is not in the custody of a private correctional
247 facility, the sexual predator shall register in person:
248 a. At the sheriff’s office in the county where he or she
249 establishes or maintains a residence within 48 hours after
250 establishing or maintaining a residence in this state; and
251 b. At the sheriff’s office in the county where he or she
252 was designated a sexual predator by the court within 48 hours
253 after such finding is made.
254 2. Any change in the sexual predator’s permanent or
255 temporary residence, name, vehicles owned, or any electronic
256 mail addresses, or Internet identifiers address and any instant
257 message name required to be provided pursuant to subparagraph
258 (g)4., after the sexual predator registers in person at the
259 sheriff’s office as provided in subparagraph 1., must shall be
260 accomplished in the manner provided in paragraphs (g), (i), and
261 (j). When a sexual predator registers with the sheriff’s office,
262 the sheriff shall take a photograph, and a set of fingerprints,
263 and palm prints of the predator and forward the photographs,
264 palm prints, and fingerprints to the department, along with the
265 information that the predator is required to provide pursuant to
266 this section.
267 (f) Within 48 hours after the registration required under
268 paragraph (a) or paragraph (e), a sexual predator who is not
269 incarcerated and who resides in the community, including a
270 sexual predator under the supervision of the Department of
271 Corrections, shall register in person at a driver driver’s
272 license office of the Department of Highway Safety and Motor
273 Vehicles and shall present proof of registration. At the driver
274 driver’s license office the sexual predator shall:
275 1. If otherwise qualified, secure a Florida driver driver’s
276 license, renew a Florida driver driver’s license, or secure an
277 identification card. The sexual predator shall identify himself
278 or herself as a sexual predator who is required to comply with
279 this section, provide his or her place of permanent, temporary,
280 or transient residence, including a rural route address and a
281 post office box, and submit to the taking of a photograph for
282 use in issuing a driver driver’s license, renewed license, or
283 identification card, and for use by the department in
284 maintaining current records of sexual predators. A post office
285 box may shall not be provided in lieu of a physical residential
286 address. If the sexual predator’s place of residence is a motor
287 vehicle, trailer, mobile home, or manufactured home, as defined
288 in chapter 320, the sexual predator shall also provide to the
289 Department of Highway Safety and Motor Vehicles the vehicle
290 identification number; the license tag number; the registration
291 number; and a description, including color scheme, of the motor
292 vehicle, trailer, mobile home, or manufactured home. If a sexual
293 predator’s place of residence is a vessel, live-aboard vessel,
294 or houseboat, as defined in chapter 327, the sexual predator
295 shall also provide to the Department of Highway Safety and Motor
296 Vehicles the hull identification number; the manufacturer’s
297 serial number; the name of the vessel, live-aboard vessel, or
298 houseboat; the registration number; and a description, including
299 color scheme, of the vessel, live-aboard vessel, or houseboat.
300 2. Pay the costs assessed by the Department of Highway
301 Safety and Motor Vehicles for issuing or renewing a driver
302 driver’s license or identification card as required by this
303 section. The driver driver’s license or identification card
304 issued to the sexual predator must comply be in compliance with
305 s. 322.141(3).
306 3. Provide, upon request, any additional information
307 necessary to confirm the identity of the sexual predator,
308 including a set of fingerprints.
309 (g)1. Each time a sexual predator’s driver driver’s license
310 or identification card is subject to renewal, and, without
311 regard to the status of the predator’s driver driver’s license
312 or identification card, within 48 hours after any change of the
313 predator’s residence or change in the predator’s name by reason
314 of marriage or other legal process, the predator shall report in
315 person to a driver driver’s license office and is shall be
316 subject to the requirements specified in paragraph (f). The
317 Department of Highway Safety and Motor Vehicles shall forward to
318 the department and to the Department of Corrections all
319 photographs and information provided by sexual predators.
320 Notwithstanding the restrictions set forth in s. 322.142, the
321 Department of Highway Safety and Motor Vehicles may is
322 authorized to release a reproduction of a color-photograph or
323 digital-image license to the Department of Law Enforcement for
324 purposes of public notification of sexual predators as provided
325 in this section. A sexual predator who is unable to secure or
326 update a driver license or identification card with the
327 Department of Highway Safety and Motor Vehicles as provided in
328 paragraph (f) and this paragraph shall also report any change of
329 the predator’s residence or change in the predator’s name by
330 reason of marriage or other legal process within 48 hours after
331 the change to the sheriff’s office in the county where the
332 predator resides or is located and provide confirmation that he
333 or she reported such information to the Department of Highway
334 Safety and Motor Vehicles.
335 2.a. A sexual predator who vacates a permanent, temporary,
336 or transient residence and fails to establish or maintain
337 another permanent, temporary, or transient residence shall,
338 within 48 hours after vacating the permanent, temporary, or
339 transient residence, report in person to the sheriff’s office of
340 the county in which he or she is located. The sexual predator
341 shall specify the date upon which he or she intends to or did
342 vacate such residence. The sexual predator shall must provide or
343 update all of the registration information required under
344 paragraph (a). The sexual predator shall must provide an address
345 for the residence or other place that he or she is or will be
346 located during the time in which he or she fails to establish or
347 maintain a permanent or temporary residence.
348 b. A sexual predator shall report in person at the
349 sheriff’s office in the county in which he or she is located
350 within 48 hours after establishing a transient residence and
351 thereafter must report in person every 30 days to the sheriff’s
352 office in the county in which he or she is located while
353 maintaining a transient residence. The sexual predator must
354 provide the addresses and locations where he or she maintains a
355 transient residence. Each sheriff’s office shall establish
356 procedures for reporting transient residence information and
357 provide notice to transient registrants to report transient
358 residence information as required in this subparagraph.
359 Reporting to the sheriff’s office as required by this
360 subparagraph does not exempt registrants from any reregistration
361 requirement. The sheriff may coordinate and enter into
362 agreements with police departments and other governmental
363 entities to facilitate additional reporting sites for transient
364 residence registration required in this subparagraph. The
365 sheriff’s office shall, within 2 business days, electronically
366 submit and update all information provided by the sexual
367 predator to the department.
368 3. A sexual predator who remains at a permanent, temporary,
369 or transient residence after reporting his or her intent to
370 vacate such residence shall, within 48 hours after the date upon
371 which the predator indicated he or she would or did vacate such
372 residence, report in person to the sheriff’s office to which he
373 or she reported pursuant to subparagraph 2. for the purpose of
374 reporting his or her address at such residence. When the sheriff
375 receives the report, the sheriff shall promptly convey the
376 information to the department. An offender who makes a report as
377 required under subparagraph 2. but fails to make a report as
378 required under this subparagraph commits a felony of the second
379 degree, punishable as provided in s. 775.082, s. 775.083, or s.
380 775.084.
381 4. The failure of a sexual predator who maintains a
382 transient residence to report in person to the sheriff’s office
383 every 30 days as required by sub-subparagraph(g)2.b. is
384 punishable as provided in subsection (10).
385 5.4. A sexual predator shall must register all any
386 electronic mail addresses and Internet identifiers address or
387 instant message name with the department before prior to using
388 such electronic mail addresses and Internet identifiers address
389 or instant message name on or after October 1, 2007. The
390 department shall establish an online system through which sexual
391 predators may securely access and update all electronic mail
392 address and Internet identifier instant message name
393 information.
394 (h) The department shall must notify the sheriff and the
395 state attorney of the county and, if applicable, the police
396 chief of the municipality, where the sexual predator maintains a
397 residence.
398 (i) A sexual predator who intends to establish a permanent,
399 temporary, or transient residence in another state or
400 jurisdiction other than the State of Florida shall report in
401 person to the sheriff of the county of current residence within
402 48 hours before the date he or she intends to leave this state
403 to establish residence in another state or jurisdiction or
404 within 21 days before his or her planned departure date if the
405 intended residence of 5 days or more is outside of the United
406 States. The sexual predator shall must provide to the sheriff
407 the address, municipality, county, and state, and country of
408 intended residence. The sheriff shall promptly provide to the
409 department the information received from the sexual predator.
410 The department shall notify the statewide law enforcement
411 agency, or a comparable agency, in the intended state, or
412 jurisdiction, or country of residence of the sexual predator’s
413 intended residence. The failure of a sexual predator to provide
414 his or her intended place of residence is punishable as provided
415 in subsection (10).
416 (j) A sexual predator who indicates his or her intent to
417 establish a permanent, temporary, or transient residence in
418 another state, a or jurisdiction other than the State of
419 Florida, or another country and later decides to remain in this
420 state shall, within 48 hours after the date upon which the
421 sexual predator indicated he or she would leave this state,
422 report in person to the sheriff to which the sexual predator
423 reported the intended change of residence, and report his or her
424 intent to remain in this state. If the sheriff is notified by
425 the sexual predator that he or she intends to remain in this
426 state, the sheriff shall promptly report this information to the
427 department. A sexual predator who reports his or her intent to
428 establish a permanent, temporary, or transient residence in
429 another state, a or jurisdiction other than the State of
430 Florida, or another country, but who remains in this state
431 without reporting to the sheriff in the manner required by this
432 paragraph, commits a felony of the second degree, punishable as
433 provided in s. 775.082, s. 775.083, or s. 775.084.
434 (k)1. The department is responsible for the online
435 maintenance of current information regarding each registered
436 sexual predator. The department shall must maintain hotline
437 access for state, local, and federal law enforcement agencies to
438 obtain instantaneous locator file and offender characteristics
439 information on all released registered sexual predators for
440 purposes of monitoring, tracking, and prosecution. The
441 photograph, palm prints, and fingerprints do not have to be
442 stored in a computerized format.
443 2. The department’s sexual predator registration list,
444 containing the information described in subparagraph (a)1., is a
445 public record. The department may is authorized to disseminate
446 this public information by any means deemed appropriate,
447 including operating a toll-free telephone number for this
448 purpose. When the department provides information regarding a
449 registered sexual predator to the public, department personnel
450 shall must advise the person making the inquiry that positive
451 identification of a person believed to be a sexual predator
452 cannot be established unless a fingerprint comparison is made,
453 and that it is illegal to use public information regarding a
454 registered sexual predator to facilitate the commission of a
455 crime.
456 3. The department shall adopt guidelines as necessary
457 regarding the registration of sexual predators and the
458 dissemination of information regarding sexual predators as
459 required by this section.
460 (l) A sexual predator shall must maintain registration with
461 the department for the duration of his or her life, unless the
462 sexual predator has received a full pardon or has had a
463 conviction set aside in a postconviction proceeding for any
464 offense that met the criteria for the sexual predator
465 designation.
466 (8) VERIFICATION.—The department and the Department of
467 Corrections shall implement a system for verifying the addresses
468 of sexual predators. The system must be consistent with the
469 provisions of the federal Adam Walsh Child Protection and Safety
470 Act of 2006 and any other federal standards applicable to such
471 verification or required to be met as a condition for the
472 receipt of federal funds by the state. The Department of
473 Corrections shall verify the addresses of sexual predators who
474 are not incarcerated but who reside in the community under the
475 supervision of the Department of Corrections and shall report to
476 the department any failure by a sexual predator to comply with
477 registration requirements. County and local law enforcement
478 agencies, in conjunction with the department, shall verify the
479 addresses of sexual predators who are not under the care,
480 custody, control, or supervision of the Department of
481 Corrections, and may verify the addresses of sexual predators
482 who are under the care, custody, control, or supervision of the
483 Department of Corrections. Local law enforcement agencies shall
484 report to the department any failure by a sexual predator to
485 comply with registration requirements.
486 (a) A sexual predator shall must report in person each year
487 during the month of the sexual predator’s birthday and during
488 every third month thereafter to the sheriff’s office in the
489 county in which he or she resides or is otherwise located to
490 reregister. The sheriff’s office may determine the appropriate
491 times and days for reporting by the sexual predator, which must
492 shall be consistent with the reporting requirements of this
493 paragraph. Reregistration must shall include any changes to the
494 following information:
495 1. Name; social security number; age; race; sex; date of
496 birth; height; weight; tattoos or other identifying marks; hair
497 and eye color; address of any permanent residence and address of
498 any current temporary residence, within the state or out of
499 state, including a rural route address and a post office box; if
500 no permanent or temporary address, any transient residence
501 within the state; address, location or description, and dates of
502 any current or known future temporary residence within the state
503 or out of state; all any electronic mail addresses or Internet
504 identifiers address and any instant message name required to be
505 provided pursuant to subparagraph (6)(g)4.; all home telephone
506 numbers or number and any cellular telephone numbers number;
507 date and place of any employment; the vehicle make, model,
508 color, vehicle identification number (VIN), and license tag
509 number of all vehicles owned; fingerprints; palm prints; and
510 photograph. A post office box may shall not be provided in lieu
511 of a physical residential address. The sexual predator shall
512 also produce his or her passport, if he or she has a passport,
513 and, if he or she is an alien, shall produce or provide
514 information about documents establishing his or her immigration
515 status. The sexual predator shall also provide information about
516 any professional licenses he or she has.
517 2. If the sexual predator is enrolled, employed,
518 volunteering, or carrying on a vocation at an institution of
519 higher education in this state, the sexual predator shall also
520 provide to the department the name, address, and county of each
521 institution, including each campus attended, and the sexual
522 predator’s enrollment, volunteer, or employment status.
523 3. If the sexual predator’s place of residence is a motor
524 vehicle, trailer, mobile home, or manufactured home, as defined
525 in chapter 320, the sexual predator shall also provide the
526 vehicle identification number; the license tag number; the
527 registration number; and a description, including color scheme,
528 of the motor vehicle, trailer, mobile home, or manufactured
529 home. If the sexual predator’s place of residence is a vessel,
530 live-aboard vessel, or houseboat, as defined in chapter 327, the
531 sexual predator shall also provide the hull identification
532 number; the manufacturer’s serial number; the name of the
533 vessel, live-aboard vessel, or houseboat; the registration
534 number; and a description, including color scheme, of the
535 vessel, live-aboard vessel, or houseboat.
536 (b) The sheriff’s office shall, within 2 working days,
537 electronically submit and update all information provided by the
538 sexual predator to the department in a manner prescribed by the
539 department.
540 (10) PENALTIES.—
541 (a) Except as otherwise specifically provided, a sexual
542 predator who fails to register; who fails, after registration,
543 to maintain, acquire, or renew a driver driver’s license or
544 identification card; who fails to provide required location
545 information, electronic mail address information before use,
546 Internet identifier instant message name information before use,
547 all home telephone numbers number and any cellular telephone
548 numbers number, or change-of-name information; who fails to make
549 a required report in connection with vacating a permanent
550 residence; who fails to reregister as required; who fails to
551 respond to any address verification correspondence from the
552 department within 3 weeks of the date of the correspondence; who
553 knowingly provides false registration information by act or
554 omission; or who otherwise fails, by act or omission, to comply
555 with the requirements of this section, commits a felony of the
556 third degree, punishable as provided in s. 775.082, s. 775.083,
557 or s. 775.084.
558 (d) A sexual predator who commits any act or omission in
559 violation of this section may be prosecuted for the act or
560 omission in the county in which the act or omission was
561 committed, the county of the last registered address of the
562 sexual predator, or the county in which the conviction occurred
563 for the offense or offenses that meet the criteria for
564 designating a person as a sexual predator, in the county where
565 the sexual predator was released from incarceration, or in the
566 county of the intended address of the sexual predator as
567 reported by the predator prior to his or her release from
568 incarceration. In addition, a sexual predator may be prosecuted
569 for any such act or omission in the county in which he or she
570 was designated a sexual predator.
571 Section 3. Section 775.25, Florida Statutes, is amended to
572 read:
573 775.25 Prosecutions for acts or omissions.—A sexual
574 predator or sexual offender who commits any act or omission in
575 violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
576 944.607, or former s. 947.177 may be prosecuted for the act or
577 omission in the county in which the act or omission was
578 committed, the county of the last registered address of the
579 sexual predator or sexual offender, or the county in which the
580 conviction occurred for the offense or offenses that meet the
581 criteria for designating a person as a sexual predator or sexual
582 offender, in the county where the sexual predator or sexual
583 offender was released from incarceration, or in the county of
584 the intended address of the sexual predator or sexual offender
585 as reported by the predator or offender prior to his or her
586 release from incarceration. In addition, a sexual predator may
587 be prosecuted for any such act or omission in the county in
588 which he or she was designated a sexual predator.
589 Section 4. Subsection (1) of section 943.043, Florida
590 Statutes, is amended to read:
591 943.043 Toll-free telephone number; Internet notification;
592 sexual predator and sexual offender information.—
593 (1) The department may notify the public through the
594 Internet of any information regarding sexual predators and
595 sexual offenders which is not confidential and exempt from
596 public disclosure under s. 119.07(1) and s. 24(a), Art. I of the
597 State Constitution. The department shall determine what
598 information shall be made available to the public through the
599 Internet. However, the department may not display on or
600 disseminate through the Internet public registry maintained by
601 the department any information regarding a vehicle that is owned
602 by a person who is not required to register as a sexual predator
603 or sexual offender.
604 Section 5. Paragraphs (a) and (g) of subsection (1),
605 subsections (2), (4), (6), (7), (8), (9) and (11), and
606 paragraphs (b) and (c) of subsection (14) of section 943.0435,
607 Florida Statutes, are amended and a new paragraph (h) is added
608 to subsection (1) of that section to read:
609 943.0435 Sexual offenders required to register with the
610 department; penalty.—
611 (1) As used in this section, the term:
612 (a)1. “Sexual offender” means a person who meets the
613 criteria in sub-subparagraph a., sub-subparagraph b., sub
614 subparagraph c., or sub-subparagraph d., as follows:
615 a.(I) Has been convicted of committing, or attempting,
616 soliciting, or conspiring to commit, any of the criminal
617 offenses proscribed in the following statutes in this state or
618 similar offenses in another jurisdiction: s. 393.135(2); s.
619 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
620 the victim is a minor and the defendant is not the victim’s
621 parent or guardian; s. 787.06(3)(b), (d), (f), (g), or (h); s.
622 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s.
623 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s.
624 847.0133; s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s.
625 847.0138; s. 847.0145; s. 916.1075(2); or s. 985.701(1); or any
626 similar offense committed in this state which has been
627 redesignated from a former statute number to one of those listed
628 in this sub-sub-subparagraph; and
629 (II) Has been released on or after October 1, 1997, from
630 the sanction imposed for any conviction of an offense described
631 in sub-sub-subparagraph (I). For purposes of sub-sub
632 subparagraph (I), a sanction imposed in this state or in any
633 other jurisdiction includes, but is not limited to, a fine,
634 probation, community control, parole, conditional release,
635 control release, or incarceration in a state prison, federal
636 prison, private correctional facility, or local detention
637 facility;
638 b. Establishes or maintains a residence in this state and
639 who has not been designated as a sexual predator by a court of
640 this state but who has been designated as a sexual predator, as
641 a sexually violent predator, or by another sexual offender
642 designation in another state or jurisdiction and was, as a
643 result of such designation, subjected to registration or
644 community or public notification, or both, or would be if the
645 person were a resident of that state or jurisdiction, without
646 regard to whether the person otherwise meets the criteria for
647 registration as a sexual offender;
648 c. Establishes or maintains a residence in this state who
649 is in the custody or control of, or under the supervision of,
650 any other state or jurisdiction as a result of a conviction for
651 committing, or attempting, soliciting, or conspiring to commit,
652 any of the criminal offenses proscribed in the following
653 statutes or similar offense in another jurisdiction: s.
654 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
655 787.025(2)(c), where the victim is a minor and the defendant is
656 not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
657 (g), or (h); s. 794.011, excluding s. 794.011(10); s. 794.05; s.
658 796.03; s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
659 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
660 847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
661 985.701(1); or any similar offense committed in this state which
662 has been redesignated from a former statute number to one of
663 those listed in this sub-subparagraph; or
664 d. On or after July 1, 2007, has been adjudicated
665 delinquent for committing, or attempting, soliciting, or
666 conspiring to commit, any of the criminal offenses proscribed in
667 the following statutes in this state or similar offenses in
668 another jurisdiction when the juvenile was 14 years of age or
669 older at the time of the offense:
670 (I) Section 794.011, excluding s. 794.011(10);
671 (II) Section 800.04(4)(b) where the victim is under 12
672 years of age or where the court finds sexual activity by the use
673 of force or coercion;
674 (III) Section 800.04(5)(c)1. where the court finds
675 molestation involving unclothed genitals; or
676 (IV) Section 800.04(5)(d) where the court finds the use of
677 force or coercion and unclothed genitals.
678 2. For all qualifying offenses listed in sub-subparagraph
679 (1)(a)1.d., the court shall make a written finding of the age of
680 the offender at the time of the offense.
681
682 For each violation of a qualifying offense listed in this
683 subsection, except for a violation of s. 794.011, the court
684 shall make a written finding of the age of the victim at the
685 time of the offense. For a violation of s. 800.04(4), the court
686 shall also additionally make a written finding indicating
687 whether that the offense involved did or did not involve sexual
688 activity and indicating whether that the offense involved did or
689 did not involve force or coercion. For a violation of s.
690 800.04(5), the court shall also additionally make a written
691 finding that the offense did or did not involve unclothed
692 genitals or genital area and that the offense did or did not
693 involve the use of force or coercion.
694 (g) “Internet identifier Instant message name” has the same
695 meaning as provided in s. 775.21 means an identifier that allows
696 a person to communicate in real time with another person using
697 the Internet.
698 (h) “Vehicles owned” has the same meaning as provided in s.
699 775.21.
700 (2) A sexual offender shall:
701 (a) Report in person at the sheriff’s office:
702 1. In the county in which the offender establishes or
703 maintains a permanent, temporary, or transient residence within
704 48 hours after:
705 a. Establishing permanent, temporary, or transient
706 residence in this state; or
707 b. Being released from the custody, control, or supervision
708 of the Department of Corrections or from the custody of a
709 private correctional facility; or
710 2. In the county where he or she was convicted within 48
711 hours after being convicted for a qualifying offense for
712 registration under this section if the offender is not in the
713 custody or control of, or under the supervision of, the
714 Department of Corrections, or is not in the custody of a private
715 correctional facility.
716
717 Any change in the information required to be provided pursuant
718 to paragraph (b), including, but not limited to, any change in
719 the sexual offender’s permanent, temporary, or transient
720 residence, name, any electronic mail addresses, or Internet
721 identifiers address and any instant message name required to be
722 provided pursuant to paragraph (4)(d), after the sexual offender
723 reports in person at the sheriff’s office, must shall be
724 accomplished in the manner provided in subsections (4), (7), and
725 (8).
726 (b) Provide his or her name; date of birth; social security
727 number; race; sex; height; weight; hair and eye color; tattoos
728 or other identifying marks; fingerprints; palm prints;
729 photograph; occupation and place of employment; address of
730 permanent or legal residence or address of any current temporary
731 residence, within the state or out of state, including a rural
732 route address and a post office box; if no permanent or
733 temporary address, any transient residence within the state,
734 address, location or description, and dates of any current or
735 known future temporary residence within the state or out of
736 state; the make, model, color, vehicle identification number
737 (VIN), and license tag number of all vehicles owned; all home
738 telephone numbers number and any cellular telephone numbers
739 number; all any electronic mail addresses address and all
740 Internet identifiers any instant message name required to be
741 provided pursuant to paragraph (4)(d); date and place of each
742 conviction; and a brief description of the crime or crimes
743 committed by the offender. A post office box may shall not be
744 provided in lieu of a physical residential address. The sexual
745 offender shall also produce his or her passport, if he or she
746 has a passport, and, if he or she is an alien, shall produce or
747 provide information about documents establishing his or her
748 immigration status. The sexual offender shall also provide
749 information about any professional licenses he or she has.
750 1. If the sexual offender’s place of residence is a motor
751 vehicle, trailer, mobile home, or manufactured home, as defined
752 in chapter 320, the sexual offender shall also provide to the
753 department through the sheriff’s office written notice of the
754 vehicle identification number; the license tag number; the
755 registration number; and a description, including color scheme,
756 of the motor vehicle, trailer, mobile home, or manufactured
757 home. If the sexual offender’s place of residence is a vessel,
758 live-aboard vessel, or houseboat, as defined in chapter 327, the
759 sexual offender shall also provide to the department written
760 notice of the hull identification number; the manufacturer’s
761 serial number; the name of the vessel, live-aboard vessel, or
762 houseboat; the registration number; and a description, including
763 color scheme, of the vessel, live-aboard vessel, or houseboat.
764 2. If the sexual offender is enrolled, employed,
765 volunteering, or carrying on a vocation at an institution of
766 higher education in this state, the sexual offender shall also
767 provide to the department through the sheriff’s office the name,
768 address, and county of each institution, including each campus
769 attended, and the sexual offender’s enrollment, volunteer, or
770 employment status. Each change in enrollment, volunteer, or
771 employment status must shall be reported in person at the
772 sheriff’s office, within 48 hours after any change in status.
773 The sheriff shall promptly notify each institution of the sexual
774 offender’s presence and any change in the sexual offender’s
775 enrollment, volunteer, or employment status.
776 3. A sexual offender shall report in person to the
777 sheriff’s office within 48 hours after any change in vehicles
778 owned.
779 (c) Provide any other information determined necessary by
780 the department, including criminal and corrections records;
781 nonprivileged personnel and treatment records; and evidentiary
782 genetic markers, when available.
783
784 When a sexual offender reports at the sheriff’s office, the
785 sheriff shall take a photograph, and a set of fingerprints, and
786 palm prints of the offender and forward the photographs, palm
787 prints, and fingerprints to the department, along with the
788 information provided by the sexual offender. The sheriff shall
789 promptly provide to the department the information received from
790 the sexual offender.
791 (4)(a) Each time a sexual offender’s driver driver’s
792 license or identification card is subject to renewal, and,
793 without regard to the status of the offender’s driver driver’s
794 license or identification card, within 48 hours after any change
795 in the offender’s permanent, temporary, or transient residence
796 or change in the offender’s name by reason of marriage or other
797 legal process, the offender shall report in person to a driver
798 driver’s license office, and is shall be subject to the
799 requirements specified in subsection (3). The Department of
800 Highway Safety and Motor Vehicles shall forward to the
801 department all photographs and information provided by sexual
802 offenders. Notwithstanding the restrictions set forth in s.
803 322.142, the Department of Highway Safety and Motor Vehicles may
804 is authorized to release a reproduction of a color-photograph or
805 digital-image license to the Department of Law Enforcement for
806 purposes of public notification of sexual offenders as provided
807 in this section and ss. 943.043 and 944.606. A sexual offender
808 who is unable to secure or update a driver license or
809 identification card with the Department of Highway Safety and
810 Motor Vehicles as provided in subsection (3) and this subsection
811 shall also report any change in the sexual offender’s permanent,
812 temporary, or transient residence or change in the offender’s
813 name by reason of marriage or other legal process within 48
814 hours after the change to the sheriff’s office in the county
815 where the offender resides or is located and provide
816 confirmation that he or she reported such information to the
817 Department of Highway Safety and Motor Vehicles.
818 (b)1. A sexual offender who vacates a permanent, temporary,
819 or transient residence and fails to establish or maintain
820 another permanent, temporary, or transient residence shall,
821 within 48 hours after vacating the permanent, temporary, or
822 transient residence, report in person to the sheriff’s office of
823 the county in which he or she is located. The sexual offender
824 shall specify the date upon which he or she intends to or did
825 vacate such residence. The sexual offender must provide or
826 update all of the registration information required under
827 paragraph (2)(b). The sexual offender must provide an address
828 for the residence or other place that he or she is or will be
829 located during the time in which he or she fails to establish or
830 maintain a permanent or temporary residence.
831 2. A sexual offender shall report in person at the
832 sheriff’s office in the county in which he or she is located
833 within 48 hours after establishing a transient residence and
834 thereafter must report in person every 30 days to the sheriff’s
835 office in the county in which he or she is located while
836 maintaining a transient residence. The sexual offender must
837 provide the addresses and locations where he or she maintains a
838 transient residence. Each sheriff’s office shall establish
839 procedures for reporting transient residence information and
840 provide notice to transient registrants to report transient
841 residence information as required in this subparagraph.
842 Reporting to the sheriff’s office as required by this
843 subparagraph does not exempt registrants from any reregistration
844 requirement. The sheriff may coordinate and enter into
845 agreements with police departments and other governmental
846 entities to facilitate additional reporting sites for transient
847 residence registration required in this subparagraph. The
848 sheriff’s office shall, within 2 business days, electronically
849 submit and update all information provided by the sexual
850 offender to the department.
851 (c) A sexual offender who remains at a permanent,
852 temporary, or transient residence after reporting his or her
853 intent to vacate such residence shall, within 48 hours after the
854 date upon which the offender indicated he or she would or did
855 vacate such residence, report in person to the agency to which
856 he or she reported pursuant to paragraph (b) for the purpose of
857 reporting his or her address at such residence. When the sheriff
858 receives the report, the sheriff shall promptly convey the
859 information to the department. An offender who makes a report as
860 required under paragraph (b) but fails to make a report as
861 required under this paragraph commits a felony of the second
862 degree, punishable as provided in s. 775.082, s. 775.083, or s.
863 775.084.
864 (d) The failure of a sexual offender who maintains a
865 transient residence to report in person to the sheriff’s office
866 every 30 days as required in subparagraph (b)2. is punishable as
867 provided in subsection (9).
868 (e)(d) A sexual offender shall must register all any
869 electronic mail addresses and Internet identifiers address or
870 instant message name with the department before using such
871 electronic mail addresses and Internet identifiers address or
872 instant message name. The department shall establish an online
873 system through which sexual offenders may securely access and
874 update all electronic mail address and Internet identifier
875 instant message name information.
876 (6) County and local law enforcement agencies, in
877 conjunction with the department, shall verify the addresses of
878 sexual offenders who are not under the care, custody, control,
879 or supervision of the Department of Corrections, and may verify
880 the addresses of sexual offenders who are under the care,
881 custody, control, or supervision of the Department of
882 Corrections, in a manner that is consistent with the provisions
883 of the federal Adam Walsh Child Protection and Safety Act of
884 2006 and any other federal standards applicable to such
885 verification or required to be met as a condition for the
886 receipt of federal funds by the state. Local law enforcement
887 agencies shall report to the department any failure by a sexual
888 offender to comply with registration requirements.
889 (7) A sexual offender who intends to establish a permanent,
890 temporary, or transient residence in another state or
891 jurisdiction other than the State of Florida shall report in
892 person to the sheriff of the county of current residence within
893 48 hours before the date he or she intends to leave this state
894 to establish residence in another state or jurisdiction or
895 within 21 days before his or her planned departure date if the
896 intended residence of 5 days or more is outside of the United
897 States. The notification must include the address, municipality,
898 county, and state, and country of intended residence. The
899 sheriff shall promptly provide to the department the information
900 received from the sexual offender. The department shall notify
901 the statewide law enforcement agency, or a comparable agency, in
902 the intended state, or jurisdiction, or country of residence of
903 the sexual offender’s intended residence. The failure of a
904 sexual offender to provide his or her intended place of
905 residence is punishable as provided in subsection (9).
906 (8) A sexual offender who indicates his or her intent to
907 establish a permanent, temporary, or transient residence in
908 another state, a or jurisdiction other than the State of
909 Florida, or another country and later decides to remain in this
910 state shall, within 48 hours after the date upon which the
911 sexual offender indicated he or she would leave this state,
912 report in person to the sheriff to which the sexual offender
913 reported the intended change of permanent, temporary, or
914 transient residence, and report his or her intent to remain in
915 this state. The sheriff shall promptly report this information
916 to the department. A sexual offender who reports his or her
917 intent to establish a permanent, temporary, or transient
918 residence in another state, a or jurisdiction other than the
919 State of Florida, or another country but who remains in this
920 state without reporting to the sheriff in the manner required by
921 this subsection commits a felony of the second degree,
922 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
923 (9)(a) A sexual offender who does not comply with the
924 requirements of this section commits a felony of the third
925 degree, punishable as provided in s. 775.082, s. 775.083, or s.
926 775.084.
927 (b) A sexual offender who commits any act or omission in
928 violation of this section may be prosecuted for the act or
929 omission in the county in which the act or omission was
930 committed, the county of the last registered address of the
931 sexual offender, or the county in which the conviction occurred
932 for the offense or offenses that meet the criteria for
933 designating a person as a sexual offender, in the county where
934 the sexual offender was released from incarceration, or in the
935 county of the intended address of the sexual offender as
936 reported by the offender prior to his or her release from
937 incarceration.
938 (c) An arrest on charges of failure to register when the
939 offender has been provided and advised of his or her statutory
940 obligations to register under subsection (2), the service of an
941 information or a complaint for a violation of this section, or
942 an arraignment on charges for a violation of this section
943 constitutes actual notice of the duty to register. A sexual
944 offender’s failure to immediately register as required by this
945 section following such arrest, service, or arraignment
946 constitutes grounds for a subsequent charge of failure to
947 register. A sexual offender charged with the crime of failure to
948 register who asserts, or intends to assert, a lack of notice of
949 the duty to register as a defense to a charge of failure to
950 register shall immediately register as required by this section.
951 A sexual offender who is charged with a subsequent failure to
952 register may not assert the defense of a lack of notice of the
953 duty to register.
954 (11) Except as provided in s. 943.04354, a sexual offender
955 shall must maintain registration with the department for the
956 duration of his or her life, unless the sexual offender has
957 received a full pardon or has had a conviction set aside in a
958 postconviction proceeding for any offense that meets the
959 criteria for classifying the person as a sexual offender for
960 purposes of registration. However, a sexual offender:
961 (a)1. Who has been lawfully released from confinement,
962 supervision, or sanction, whichever is later, for at least 25
963 years and has not been arrested for any felony or misdemeanor
964 offense since release, provided that the sexual offender’s
965 requirement to register was not based upon an adult conviction:
966 a. For a violation of s. 787.01 or s. 787.02;
967 b. For a violation of s. 794.011, excluding s. 794.011(10);
968 c. For a violation of s. 800.04(4)(b) where the court finds
969 the offense involved a victim under 12 years of age or sexual
970 activity by the use of force or coercion;
971 d. For a violation of s. 800.04(5)(b);
972 e. For a violation of s. 800.04(5)c.2. where the court
973 finds the offense involved unclothed genitals or genital area;
974 f. For any attempt or conspiracy to commit any such
975 offense; or
976 g. For a violation of similar law of another jurisdiction,
977 h. For a violation of a similar offense committed in this
978 state which has been redesignated from a former statute number
979 to one of those listed in this paragraph,
980
981 may petition the criminal division of the circuit court of the
982 circuit where the conviction or adjudication occurred in which
983 the sexual offender resides for the purpose of removing the
984 requirement for registration as a sexual offender.
985 2. The court may grant or deny relief if the offender
986 demonstrates to the court that he or she has not been arrested
987 for any crime since release; the requested relief complies with
988 the provisions of the federal Adam Walsh Child Protection and
989 Safety Act of 2006 and any other federal standards applicable to
990 the removal of registration requirements for a sexual offender
991 or required to be met as a condition for the receipt of federal
992 funds by the state; and the court is otherwise satisfied that
993 the offender is not a current or potential threat to public
994 safety. The state attorney in the circuit in which the petition
995 is filed must be given notice of the petition at least 3 weeks
996 before the hearing on the matter. The state attorney may present
997 evidence in opposition to the requested relief or may otherwise
998 demonstrate the reasons why the petition should be denied. If
999 the court denies the petition, the court may set a future date
1000 at which the sexual offender may again petition the court for
1001 relief, subject to the standards for relief provided in this
1002 subsection.
1003 3. The department shall remove an offender from
1004 classification as a sexual offender for purposes of registration
1005 if the offender provides to the department a certified copy of
1006 the court’s written findings or order that indicates that the
1007 offender is no longer required to comply with the requirements
1008 for registration as a sexual offender.
1009 4. For purposes of this paragraph:
1010 a. The registration period of a sexual offender sentenced
1011 to a term of incarceration or committed to a residential program
1012 begins upon the offender's release from incarceration or
1013 commitment for the most recent conviction that required the
1014 offender to register.
1015 b. A sexual offender's registration period is tolled during
1016 any period in which the offender is incarcerated, civilly
1017 committed, detained pursuant to chapter 985, or committed to a
1018 residential program.
1019 c. Except as provided in sub-subparagraph e., if the sexual
1020 offender is only sentenced to a term of supervision for the most
1021 recent conviction that required the offender to register as a
1022 sexual offender or is only subject to a period of supervision
1023 for that conviction, the registration period begins when the
1024 term or period of supervision for that conviction begins.
1025 d. Except as provided in sub-subparagraph e., if the sexual
1026 offender is sentenced to a term of supervision that follows a
1027 term of incarceration for the most recent conviction that
1028 required the offender to register as a sexual offender or is
1029 subject to a period of supervision that follows commitment to a
1030 residential program for that conviction, the registration period
1031 begins when the term or period of supervision for that
1032 conviction begins.
1033 e. If a sexual offender is sentenced to a term of more than
1034 25-years supervision for the most recent conviction that
1035 required the offender to register as a sexual offender, the
1036 sexual offender may not petition for removal of the requirement
1037 for registration as a sexual offender until the term of
1038 supervision for that conviction is completed.
1039 (b) As defined in sub-subparagraph (1)(a)1.b. must maintain
1040 registration with the department for the duration of his or her
1041 life until the person provides the department with an order
1042 issued by the court that designated the person as a sexual
1043 predator, as a sexually violent predator, or by another sexual
1044 offender designation in the state or jurisdiction in which the
1045 order was issued which states that such designation has been
1046 removed or demonstrates to the department that such designation,
1047 if not imposed by a court, has been removed by operation of law
1048 or court order in the state or jurisdiction in which the
1049 designation was made, and provided such person no longer meets
1050 the criteria for registration as a sexual offender under the
1051 laws of this state.
1052 (14)
1053 (b) However, a sexual offender who is required to register
1054 as a result of a conviction for:
1055 1. Section 787.01 or s. 787.02 where the victim is a minor
1056 and the offender is not the victim’s parent or guardian;
1057 2. Section 794.011, excluding s. 794.011(10);
1058 3. Section 800.04(4)(b) where the court finds the offense
1059 involved a victim under 12 years of age or sexual activity by
1060 the use of force or coercion;
1061 4. Section 800.04(5)(b);
1062 5. Section 800.04(5)(c)1. where the court finds molestation
1063 involving unclothed genitals or genital area;
1064 6. Section 800.04(5)(c)2. 800.04(5)c.2. where the court
1065 finds molestation involving the use of force or coercion and
1066 unclothed genitals or genital area;
1067 7. Section 800.04(5)(d) where the court finds the use of
1068 force or coercion and unclothed genitals or genital area;
1069 8. Any attempt or conspiracy to commit such offense; or
1070 9. A violation of a similar law of another jurisdiction; or
1071 ,
1072 10. A violation of a similar offense committed in this
1073 state which has been redesignated from a former statute number
1074 to one of those listed in this paragraph,
1075
1076 must reregister each year during the month of the sexual
1077 offender’s birthday and every third month thereafter.
1078 (c) The sheriff’s office may determine the appropriate
1079 times and days for reporting by the sexual offender, which must
1080 shall be consistent with the reporting requirements of this
1081 subsection. Reregistration must shall include any changes to the
1082 following information:
1083 1. Name; social security number; age; race; sex; date of
1084 birth; height; weight; tattoos or other identifying marks; hair
1085 and eye color; address of any permanent residence and address of
1086 any current temporary residence, within the state or out of
1087 state, including a rural route address and a post office box; if
1088 no permanent or temporary address, any transient residence
1089 within the state; address, location or description, and dates of
1090 any current or known future temporary residence within the state
1091 or out of state; all any electronic mail addresses or Internet
1092 identifiers address and any instant message name required to be
1093 provided pursuant to paragraph (4)(d); all home telephone
1094 numbers and number and any cellular telephone numbers number;
1095 date and place of any employment; the vehicle make, model,
1096 color, vehicle identification number (VIN), and license tag
1097 number of all vehicles owned; fingerprints; palm prints; and
1098 photograph. A post office box may shall not be provided in lieu
1099 of a physical residential address. The sexual offender shall
1100 also produce his or her passport, if he or she has a passport,
1101 and, if he or she is an alien, shall produce or provide
1102 information about documents establishing his or her immigration
1103 status. The sexual offender shall also provide information about
1104 any professional licenses he or she has.
1105 2. If the sexual offender is enrolled, volunteering,
1106 employed, or carrying on a vocation at an institution of higher
1107 education in this state, the sexual offender shall also provide
1108 to the department the name, address, and county of each
1109 institution, including each campus attended, and the sexual
1110 offender’s enrollment, volunteer, or employment status.
1111 3. If the sexual offender’s place of residence is a motor
1112 vehicle, trailer, mobile home, or manufactured home, as defined
1113 in chapter 320, the sexual offender shall also provide the
1114 vehicle identification number; the license tag number; the
1115 registration number; and a description, including color scheme,
1116 of the motor vehicle, trailer, mobile home, or manufactured
1117 home. If the sexual offender’s place of residence is a vessel,
1118 live-aboard vessel, or houseboat, as defined in chapter 327, the
1119 sexual offender shall also provide the hull identification
1120 number; the manufacturer’s serial number; the name of the
1121 vessel, live-aboard vessel, or houseboat; the registration
1122 number; and a description, including color scheme, of the
1123 vessel, live-aboard vessel or houseboat.
1124 4. Any sexual offender who fails to report in person as
1125 required at the sheriff’s office, or who fails to respond to any
1126 address verification correspondence from the department within 3
1127 weeks of the date of the correspondence, or who fails to report
1128 all electronic mail addresses and all Internet identifiers prior
1129 to use or instant message names, or who knowingly provides false
1130 registration information by act or omission commits a felony of
1131 the third degree, punishable as provided in s. 775.082, s.
1132 775.083, or s. 775.084.
1133 Section 6. Section 943.04354, Florida Statutes, is amended
1134 to read:
1135 943.04354 Removal of the requirement to register as a
1136 sexual offender or sexual predator in special circumstances.—
1137 (1) For purposes of this section, a person shall be
1138 considered for removal of the requirement to register as a
1139 sexual offender or sexual predator only if the person:
1140 (a) Was or will be convicted, regardless of adjudication,
1141 or adjudicated delinquent of a violation of s. 794.011, s.
1142 800.04, s. 827.071, or s. 847.0135(5) or of a similar offense in
1143 another jurisdiction or the person committed a violation of s.
1144 794.011, s. 800.04, s. 827.071, or s. 847.0135(5) for which
1145 adjudication of guilt was or will be withheld, and if the person
1146 does not have any other conviction, regardless of adjudication,
1147 or adjudication of delinquency, or withhold of adjudication of
1148 guilt for a violation of s. 794.011, s. 800.04, s. 827.071, or
1149 s. 847.0135(5) or for a similar offense in another jurisdiction;
1150 (b)1. Was convicted, regardless of adjudication, or
1151 adjudicated delinquent of an offense listed in paragraph (a) and
1152 is required to register as a sexual offender or sexual predator
1153 solely on the basis of this conviction or adjudication; or
1154 violation; and
1155 2. Was convicted, regardless of adjudication, or
1156 adjudicated delinquent of an offense in another jurisdiction
1157 which is similar to an offense listed in paragraph (a) and no
1158 longer meets the criteria for registration as a sexual offender
1159 or sexual predator under the laws of the jurisdiction in which
1160 the similar offense occurred; and
1161 (c) Is not more than 4 years older than the victim of this
1162 violation who was 13 14 years of age or older but younger not
1163 more than 18 17 years of age at the time the person committed
1164 this violation.
1165 (2) If a person meets the criteria in subsection (1) and
1166 the violation of s. 794.011, s. 800.04, s. 827.071, or s.
1167 847.0135(5) was committed on or after July 1, 2007, the person
1168 may move the criminal division of the circuit court of the
1169 circuit where the conviction or adjudication for the qualifying
1170 offense occurred court that will sentence or dispose of this
1171 violation to remove the requirement that the person register as
1172 a sexual offender or sexual predator. The person must allege in
1173 the motion that he or she meets the criteria in subsection (1)
1174 and that removal of the registration requirement will not
1175 conflict with federal law. A person convicted or adjudicated
1176 delinquent of an offense in another jurisdiction which is
1177 similar to an offense listed in paragraph (1)(a) must provide
1178 the court written confirmation that he or she is not required to
1179 register in the jurisdiction in which the conviction or
1180 adjudication occurred. The state attorney and the department
1181 must be given notice of the motion at least 21 days before the
1182 date of sentencing, or disposition of the this violation, or
1183 hearing on the motion and may present evidence in opposition to
1184 the requested relief or may otherwise demonstrate why the motion
1185 should be denied. At sentencing, or disposition of the this
1186 violation, or hearing on the motion, the court shall rule on the
1187 this motion, and, if the court determines the person meets the
1188 criteria in subsection (1) and the removal of the registration
1189 requirement will not conflict with federal law, it may grant the
1190 motion and order the removal of the registration requirement.
1191 The court shall instruct the person to provide the department a
1192 certified copy of the order granting relief. If the court denies
1193 the motion, the person is not authorized under this section to
1194 file another motion petition for removal of the registration
1195 requirement.
1196 (3)(a) This subsection applies to a person who:
1197 1. Is not a person described in subsection (2) because the
1198 violation of s. 794.011, s. 800.04, or s. 827.071 was not
1199 committed on or after July 1, 2007;
1200 2. Is subject to registration as a sexual offender or
1201 sexual predator for a violation of s. 794.011, s. 800.04, or s.
1202 827.071; and
1203 3. Meets the criteria in subsection (1).
1204 (b) A person may petition the court in which the sentence
1205 or disposition for the violation of s. 794.011, s. 800.04, or s.
1206 827.071 occurred for removal of the requirement to register as a
1207 sexual offender or sexual predator. The person must allege in
1208 the petition that he or she meets the criteria in subsection (1)
1209 and removal of the registration requirement will not conflict
1210 with federal law. The state attorney must be given notice of the
1211 petition at least 21 days before the hearing on the petition and
1212 may present evidence in opposition to the requested relief or
1213 may otherwise demonstrate why the petition should be denied. The
1214 court shall rule on the petition and, if the court determines
1215 the person meets the criteria in subsection (1) and removal of
1216 the registration requirement will not conflict with federal law,
1217 it may grant the petition and order the removal of the
1218 registration requirement. If the court denies the petition, the
1219 person is not authorized under this section to file any further
1220 petition for removal of the registration requirement.
1221 (3)(4) If a person provides to the Department of Law
1222 Enforcement a certified copy of the court’s order removing the
1223 requirement that the person register as a sexual offender or
1224 sexual predator for the violation of s. 794.011, s. 800.04, s.
1225 827.071, or s. 847.0135(5), or a similar offense in another
1226 jurisdiction, the registration requirement will not apply to the
1227 person and the department shall remove all information about the
1228 person from the public registry of sexual offenders and sexual
1229 predators maintained by the department. However, the removal of
1230 this information from the public registry does not mean that the
1231 public is denied access to information about the person’s
1232 criminal history or record that is otherwise available as a
1233 public record.
1234 Section 7. Subsections (2) and (3) of section 943.0437,
1235 Florida Statutes, are amended to read:
1236 943.0437 Commercial social networking websites.—
1237 (2) The department may provide information relating to
1238 electronic mail addresses and Internet identifiers, as defined
1239 in s. 775.21, instant message names maintained as part of the
1240 sexual offender registry to commercial social networking
1241 websites or third parties designated by commercial social
1242 networking websites. The commercial social networking website
1243 may use this information for the purpose of comparing registered
1244 users and screening potential users of the commercial social
1245 networking website against the list of electronic mail addresses
1246 and Internet identifiers instant message names provided by the
1247 department.
1248 (3) This section does not shall not be construed to impose
1249 any civil liability on a commercial social networking website
1250 for:
1251 (a) Any action voluntarily taken in good faith to remove or
1252 disable any profile of a registered user associated with an
1253 electronic mail address or Internet identifier instant message
1254 name contained in the sexual offender registry.
1255 (b) Any action taken to restrict access by such registered
1256 user to the commercial social networking website.
1257 Section 8. Paragraphs (b) and (d) of subsection (1) and
1258 paragraph (a) of subsection (3) of section 944.606, Florida
1259 Statutes, are amended to read:
1260 944.606 Sexual offenders; notification upon release.—
1261 (1) As used in this section:
1262 (b) “Sexual offender” means a person who has been convicted
1263 of committing, or attempting, soliciting, or conspiring to
1264 commit, any of the criminal offenses proscribed in the following
1265 statutes in this state or similar offenses in another
1266 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1267 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1268 defendant is not the victim’s parent or guardian; s.
1269 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1270 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1271 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1272 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1273 s. 916.1075(2); or s. 985.701(1); or any similar offense
1274 committed in this state which has been redesignated from a
1275 former statute number to one of those listed in this subsection,
1276 when the department has received verified information regarding
1277 such conviction; an offender’s computerized criminal history
1278 record is not, in and of itself, verified information.
1279 (d) “Internet identifier” has the same meaning as provided
1280 in s. 775.21 “Instant message name” means an identifier that
1281 allows a person to communicate in real time with another person
1282 using the Internet.
1283 (3)(a) The department shall must provide information
1284 regarding any sexual offender who is being released after
1285 serving a period of incarceration for any offense, as follows:
1286 1. The department shall must provide: the sexual offender’s
1287 name, any change in the offender’s name by reason of marriage or
1288 other legal process, and any alias, if known; the correctional
1289 facility from which the sexual offender is released; the sexual
1290 offender’s social security number, race, sex, date of birth,
1291 height, weight, and hair and eye color; tattoos or other
1292 identifying marks; address of any planned permanent residence or
1293 temporary residence, within the state or out of state, including
1294 a rural route address and a post office box; if no permanent or
1295 temporary address, any transient residence within the state;
1296 address, location or description, and dates of any known future
1297 temporary residence within the state or out of state; date and
1298 county of sentence and each crime for which the offender was
1299 sentenced; a copy of the offender’s fingerprints, palm prints,
1300 and a digitized photograph taken within 60 days before release;
1301 the date of release of the sexual offender; all any electronic
1302 mail addresses address and all Internet identifiers any instant
1303 message name required to be provided pursuant to s.
1304 943.0435(4)(d); all and home telephone numbers number and any
1305 cellular telephone numbers; information about any professional
1306 licenses the offender has, if known; and passport information,
1307 if he or she has a passport, and, if he or she is an alien,
1308 information about documents establishing his or her immigration
1309 status number. The department shall notify the Department of Law
1310 Enforcement if the sexual offender escapes, absconds, or dies.
1311 If the sexual offender is in the custody of a private
1312 correctional facility, the facility shall take the digitized
1313 photograph of the sexual offender within 60 days before the
1314 sexual offender’s release and provide this photograph to the
1315 Department of Corrections and also place it in the sexual
1316 offender’s file. If the sexual offender is in the custody of a
1317 local jail, the custodian of the local jail shall register the
1318 offender within 3 business days after intake of the offender for
1319 any reason and upon release, and shall notify the Department of
1320 Law Enforcement of the sexual offender’s release and provide to
1321 the Department of Law Enforcement the information specified in
1322 this paragraph and any information specified in subparagraph 2.
1323 that the Department of Law Enforcement requests.
1324 2. The department may provide any other information deemed
1325 necessary, including criminal and corrections records,
1326 nonprivileged personnel and treatment records, when available.
1327 Section 9. Paragraphs (a) and (f) of subsection (1),
1328 subsection (4), and paragraphs (b) and (c) of subsection (13) of
1329 section 944.607, Florida Statutes, are amended and a new
1330 paragraph (b) is added to subsection (1) of that section to
1331 read:
1332 944.607 Notification to Department of Law Enforcement of
1333 information on sexual offenders.—
1334 (1) As used in this section, the term:
1335 (a) “Sexual offender” means a person who is in the custody
1336 or control of, or under the supervision of, the department or is
1337 in the custody of a private correctional facility:
1338 1. On or after October 1, 1997, as a result of a conviction
1339 for committing, or attempting, soliciting, or conspiring to
1340 commit, any of the criminal offenses proscribed in the following
1341 statutes in this state or similar offenses in another
1342 jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
1343 787.02, or s. 787.025(2)(c), where the victim is a minor and the
1344 defendant is not the victim’s parent or guardian; s.
1345 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s.
1346 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s.
1347 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
1348 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
1349 s. 916.1075(2); or s. 985.701(1); or any similar offense
1350 committed in this state which has been redesignated from a
1351 former statute number to one of those listed in this paragraph;
1352 or
1353 2. Who establishes or maintains a residence in this state
1354 and who has not been designated as a sexual predator by a court
1355 of this state but who has been designated as a sexual predator,
1356 as a sexually violent predator, or by another sexual offender
1357 designation in another state or jurisdiction and was, as a
1358 result of such designation, subjected to registration or
1359 community or public notification, or both, or would be if the
1360 person were a resident of that state or jurisdiction, without
1361 regard as to whether the person otherwise meets the criteria for
1362 registration as a sexual offender.
1363 (b) “Vehicles owned” has the same meaning as provided in s.
1364 775.21.
1365 (g)(f) “Internet identifier” has the same meaning as
1366 provided in s. 775.21 “Instant message name” means an identifier
1367 that allows a person to communicate in real time with another
1368 person using the Internet.
1369 (4) A sexual offender, as described in this section, who is
1370 under the supervision of the Department of Corrections but is
1371 not incarcerated shall must register with the Department of
1372 Corrections within 3 business days after sentencing for a
1373 registrable offense and otherwise provide information as
1374 required by this subsection.
1375 (a) The sexual offender shall provide his or her name; date
1376 of birth; social security number; race; sex; height; weight;
1377 hair and eye color; tattoos or other identifying marks; all any
1378 electronic mail addresses address and Internet identifiers any
1379 instant message name required to be provided pursuant to s.
1380 943.0435(4)(d); all home telephone numbers and cellular
1381 telephone numbers; the make, model, color, vehicle
1382 identification number (VIN), and license tag number of all
1383 vehicles owned; permanent or legal residence and address of
1384 temporary residence within the state or out of state while the
1385 sexual offender is under supervision in this state, including
1386 any rural route address or post office box; if no permanent or
1387 temporary address, any transient residence within the state; and
1388 address, location or description, and dates of any current or
1389 known future temporary residence within the state or out of
1390 state. The sexual offender shall also produce his or her
1391 passport, if he or she has a passport, and, if he or she is an
1392 alien, shall produce or provide information about documents
1393 establishing his or her immigration status. The sexual offender
1394 shall also provide information about any professional licenses
1395 he or she has. The Department of Corrections shall verify the
1396 address of each sexual offender in the manner described in ss.
1397 775.21 and 943.0435. The department shall report to the
1398 Department of Law Enforcement any failure by a sexual predator
1399 or sexual offender to comply with registration requirements.
1400 (b) If the sexual offender is enrolled, employed,
1401 volunteering, or carrying on a vocation at an institution of
1402 higher education in this state, the sexual offender shall
1403 provide the name, address, and county of each institution,
1404 including each campus attended, and the sexual offender’s
1405 enrollment, volunteer, or employment status. Each change in
1406 enrollment, volunteer, or employment status must shall be
1407 reported to the department within 48 hours after the change in
1408 status. The Department of Corrections shall promptly notify each
1409 institution of the sexual offender’s presence and any change in
1410 the sexual offender’s enrollment, volunteer, or employment
1411 status.
1412 (c) A sexual offender shall report in person to the
1413 sheriff’s office within 48 hours after any change in vehicles
1414 owned.
1415 (13)
1416 (b) However, a sexual offender who is required to register
1417 as a result of a conviction for:
1418 1. Section 787.01 or s. 787.02 where the victim is a minor
1419 and the offender is not the victim’s parent or guardian;
1420 2. Section 794.011, excluding s. 794.011(10);
1421 3. Section 800.04(4)(b) where the victim is under 12 years
1422 of age or where the court finds sexual activity by the use of
1423 force or coercion;
1424 4. Section 800.04(5)(b);
1425 5. Section 800.04(5)(c)1. where the court finds molestation
1426 involving unclothed genitals or genital area;
1427 6. Section 800.04(5)c.2. where the court finds molestation
1428 involving use of force or coercion and unclothed genitals or
1429 genital area;
1430 7. Section 800.04(5)(d) where the court finds the use of
1431 force or coercion and unclothed genitals or genital area;
1432 8. Any attempt or conspiracy to commit such offense; or
1433 9. A violation of a similar law of another jurisdiction;
1434 or,
1435 10. A violation of a similar offense committed in this
1436 state which has been redesignated from a former statute number
1437 to one of those listed in this paragraph.
1438
1439 must reregister each year during the month of the sexual
1440 offender’s birthday and every third month thereafter.
1441 (c) The sheriff’s office may determine the appropriate
1442 times and days for reporting by the sexual offender, which must
1443 shall be consistent with the reporting requirements of this
1444 subsection. Reregistration must shall include any changes to the
1445 following information:
1446 1. Name; social security number; age; race; sex; date of
1447 birth; height; weight; tattoos or other identifying marks; hair
1448 and eye color; address of any permanent residence and address of
1449 any current temporary residence, within the state or out of
1450 state, including a rural route address and a post office box; if
1451 no permanent or temporary address, any transient residence;
1452 address, location or description, and dates of any current or
1453 known future temporary residence within the state or out of
1454 state; all any electronic mail addresses and Internet
1455 identifiers address and any instant message name required to be
1456 provided pursuant to s. 943.0435(4)(d); all home telephone
1457 numbers and cellular telephone numbers; date and place of any
1458 employment; the vehicle make, model, color, vehicle
1459 identification number (VIN), and license tag number of all
1460 vehicles owned; fingerprints; palm prints; and photograph. A
1461 post office box may shall not be provided in lieu of a physical
1462 residential address. The sexual offender shall also produce his
1463 or her passport, if he or she has a passport, and, if he or she
1464 is an alien, shall produce or provide information about
1465 documents establishing his or her immigration status. The sexual
1466 offender shall also provide information about any professional
1467 licenses he or she has.
1468 2. If the sexual offender is enrolled, employed,
1469 volunteering, or carrying on a vocation at an institution of
1470 higher education in this state, the sexual offender shall also
1471 provide to the department the name, address, and county of each
1472 institution, including each campus attended, and the sexual
1473 offender’s enrollment, volunteer, or employment status.
1474 3. If the sexual offender’s place of residence is a motor
1475 vehicle, trailer, mobile home, or manufactured home, as defined
1476 in chapter 320, the sexual offender shall also provide the
1477 vehicle identification number; the license tag number; the
1478 registration number; and a description, including color scheme,
1479 of the motor vehicle, trailer, mobile home, or manufactured
1480 home. If the sexual offender’s place of residence is a vessel,
1481 live-aboard vessel, or houseboat, as defined in chapter 327, the
1482 sexual offender shall also provide the hull identification
1483 number; the manufacturer’s serial number; the name of the
1484 vessel, live-aboard vessel, or houseboat; the registration
1485 number; and a description, including color scheme, of the
1486 vessel, live-aboard vessel or houseboat.
1487 4. Any sexual offender who fails to report in person as
1488 required at the sheriff’s office, or who fails to respond to any
1489 address verification correspondence from the department within 3
1490 weeks of the date of the correspondence, or who fails to report
1491 all electronic mail addresses or Internet identifiers prior to
1492 use or instant message names, or who knowingly provides false
1493 registration information by act or omission commits a felony of
1494 the third degree, punishable as provided in s. 775.082, s.
1495 775.083, or s. 775.084.
1496 Section 10. Paragraph (b) of subsection (1) of section
1497 985.481, Florida Statutes, is redesignated as paragraph (c), new
1498 paragraphs (b) and (d) are added to subsection (1), and
1499 paragraph (a) of subsection (3) of that section is amended to
1500 read:
1501 985.481 Sexual offenders adjudicated delinquent;
1502 notification upon release.—
1503 (1) As used in this section:
1504 (a) “Convicted” has the same meaning as provided in s.
1505 943.0435.
1506 (b) “Internet Identifier” has the same meaning as provided
1507 in s. 775.21.
1508 (c)(b) “Sexual offender” means a person who has been
1509 adjudicated delinquent as provided in s. 943.0435(1)(a)1.d.
1510 (d) “Vehicles owned” has the same meaning as provided in s.
1511 775.21.
1512 (3)(a) The department shall must provide information
1513 regarding any sexual offender who is being released after
1514 serving a period of residential commitment under the department
1515 for any offense, as follows:
1516 1. The department shall must provide the sexual offender’s
1517 name, any change in the offender’s name by reason of marriage or
1518 other legal process, and any alias, if known; the correctional
1519 facility from which the sexual offender is released; the sexual
1520 offender’s social security number, race, sex, date of birth,
1521 height, weight, and hair and eye color; tattoos or other
1522 identifying marks; the make, model, color, vehicle
1523 identification number (VIN), and license tag number of all
1524 vehicles owned; address of any planned permanent residence or
1525 temporary residence, within the state or out of state, including
1526 a rural route address and a post office box; if no permanent or
1527 temporary address, any transient residence within the state;
1528 address, location or description, and dates of any known future
1529 temporary residence within the state or out of state; date and
1530 county of disposition and each crime for which there was a
1531 disposition; a copy of the offender’s fingerprints, palm prints,
1532 and a digitized photograph taken within 60 days before release;
1533 the date of release of the sexual offender; all and home
1534 telephone numbers number and any cellular telephone numbers; all
1535 Internet identifiers; information about any professional
1536 licenses the offender has, if known; and passport information,
1537 if he or she has a passport, and, if he or she is an alien,
1538 information about documents establishing his or her immigration
1539 status number. The department shall notify the Department of Law
1540 Enforcement if the sexual offender escapes, absconds, or dies.
1541 If the sexual offender is in the custody of a private
1542 correctional facility, the facility shall take the digitized
1543 photograph of the sexual offender within 60 days before the
1544 sexual offender’s release and also place it in the sexual
1545 offender’s file. If the sexual offender is in the custody of a
1546 local jail, the custodian of the local jail shall register the
1547 offender within 3 business days after intake of the offender for
1548 any reason and upon release, and shall notify the Department of
1549 Law Enforcement of the sexual offender’s release and provide to
1550 the Department of Law Enforcement the information specified in
1551 this subparagraph and any information specified in subparagraph
1552 2. which the Department of Law Enforcement requests.
1553 2. The department may provide any other information
1554 considered necessary, including criminal and delinquency
1555 records, when available.
1556 Section 11. Paragraph (d) of subsection (1) of section
1557 985.4815, Florida Statutes, is redesignated as paragraph (e),
1558 new paragraphs (d) and (f) are added to subsection (1), and
1559 subsection (4) and paragraph (b) of subsection (13) of that
1560 section are amended to read:
1561 985.4815 Notification to Department of Law Enforcement of
1562 information on juvenile sexual offenders.—
1563 (1) As used in this section, the term:
1564 (a) “Change in enrollment or employment status” means the
1565 commencement or termination of enrollment or employment or a
1566 change in location of enrollment or employment.
1567 (b) “Conviction” has the same meaning as provided in s.
1568 943.0435.
1569 (c) “Institution of higher education” means a career
1570 center, community college, college, state university, or
1571 independent postsecondary institution.
1572 (d) “Internet identifier” has the same meaning as provided
1573 in s. 775.21.
1574 (e)(d) “Sexual offender” means a person who is in the care
1575 or custody or under the jurisdiction or supervision of the
1576 department or is in the custody of a private correctional
1577 facility and who:
1578 1. Has been adjudicated delinquent as provided in s.
1579 943.0435(1)(a)1.d.; or
1580 2. Establishes or maintains a residence in this state and
1581 has not been designated as a sexual predator by a court of this
1582 state but has been designated as a sexual predator, as a
1583 sexually violent predator, or by another sexual offender
1584 designation in another state or jurisdiction and was, as a
1585 result of such designation, subjected to registration or
1586 community or public notification, or both, or would be if the
1587 person were a resident of that state or jurisdiction, without
1588 regard to whether the person otherwise meets the criteria for
1589 registration as a sexual offender.
1590 (f) “Vehicles owned” has the same meaning as provided in s.
1591 775.21.
1592 (4) A sexual offender, as described in this section, who is
1593 under the supervision of the department but who is not committed
1594 shall must register with the department within 3 business days
1595 after adjudication and disposition for a registrable offense and
1596 otherwise provide information as required by this subsection.
1597 (a) The sexual offender shall provide his or her name; date
1598 of birth; social security number; race; sex; height; weight;
1599 hair and eye color; tattoos or other identifying marks; the
1600 make, model, color, vehicle identification number (VIN), and
1601 license tag number of all vehicles owned; permanent or legal
1602 residence and address of temporary residence within the state or
1603 out of state while the sexual offender is in the care or custody
1604 or under the jurisdiction or supervision of the department in
1605 this state, including any rural route address or post office
1606 box; if no permanent or temporary address, any transient
1607 residence; address, location or description, and dates of any
1608 current or known future temporary residence within the state or
1609 out of state; all home telephone and cellular telephone numbers;
1610 all Internet identifiers; and the name and address of each
1611 school attended. The sexual offender shall also produce his or
1612 her passport, if he or she has a passport, and, if he or she is
1613 an alien, shall produce or provide information about documents
1614 establishing his or her immigration status. The offender shall
1615 also provide information about any professional licenses he or
1616 she has. The department shall verify the address of each sexual
1617 offender and shall report to the Department of Law Enforcement
1618 any failure by a sexual offender to comply with registration
1619 requirements.
1620 (b) If the sexual offender is enrolled, employed,
1621 volunteering, or carrying on a vocation at an institution of
1622 higher education in this state, the sexual offender shall
1623 provide the name, address, and county of each institution,
1624 including each campus attended, and the sexual offender’s
1625 enrollment, volunteer, or employment status. Each change in
1626 enrollment, volunteer, or employment status must shall be
1627 reported to the department within 48 hours after the change in
1628 status. The department shall promptly notify each institution of
1629 the sexual offender’s presence and any change in the sexual
1630 offender’s enrollment, volunteer, or employment status.
1631 (c) A sexual offender shall report in person to the
1632 sheriff’s office within 48 hours after any change in vehicles
1633 owned.
1634 (13)
1635 (b) The sheriff’s office may determine the appropriate
1636 times and days for reporting by the sexual offender, which must
1637 shall be consistent with the reporting requirements of this
1638 subsection. Reregistration must shall include any changes to the
1639 following information:
1640 1. Name; social security number; age; race; sex; date of
1641 birth; height; weight; hair and eye color; tattoos or other
1642 identifying marks; fingerprints; palm prints; address of any
1643 permanent residence and address of any current temporary
1644 residence, within the state or out of state, including a rural
1645 route address and a post office box; if no permanent or
1646 temporary address, any transient residence; address, location or
1647 description, and dates of any current or known future temporary
1648 residence within the state or out of state; passport
1649 information, if he or she has a passport, and, if he or she is
1650 an alien, information about documents establishing his or her
1651 immigration status; home telephone numbers and cellular
1652 telephone numbers; all Internet identifiers; name and address of
1653 each school attended; date and place of any employment; the
1654 vehicle make, model, color, vehicle identification number (VIN),
1655 and license tag number of all vehicles owned; fingerprints; and
1656 photograph. A post office box may shall not be provided in lieu
1657 of a physical residential address. The offender shall also
1658 provide information about any professional licenses he or she
1659 has.
1660 2. If the sexual offender is enrolled, employed,
1661 volunteering, or carrying on a vocation at an institution of
1662 higher education in this state, the sexual offender shall also
1663 provide to the department the name, address, and county of each
1664 institution, including each campus attended, and the sexual
1665 offender’s enrollment, volunteer, or employment status.
1666 3. If the sexual offender’s place of residence is a motor
1667 vehicle, trailer, mobile home, or manufactured home, as defined
1668 in chapter 320, the sexual offender shall also provide the
1669 vehicle identification number; the license tag number; the
1670 registration number; and a description, including color scheme,
1671 of the motor vehicle, trailer, mobile home, or manufactured
1672 home. If the sexual offender’s place of residence is a vessel,
1673 live-aboard vessel, or houseboat, as defined in chapter 327, the
1674 sexual offender shall also provide the hull identification
1675 number; the manufacturer’s serial number; the name of the
1676 vessel, live-aboard vessel, or houseboat; the registration
1677 number; and a description, including color scheme, of the
1678 vessel, live-aboard vessel, or houseboat.
1679 4. Any sexual offender who fails to report in person as
1680 required at the sheriff’s office, or who fails to respond to any
1681 address verification correspondence from the department within 3
1682 weeks after the date of the correspondence, or who knowingly
1683 provides false registration information by act or omission
1684 commits a felony of the third degree, punishable as provided in
1685 ss. 775.082, 775.083, and 775.084.
1686 Section 12. Paragraphs (g) and (i) of subsection (3) of
1687 section 921.0022, Florida Statutes, are amended to read:
1688 921.0022 Criminal Punishment Code; offense severity ranking
1689 chart.—
1690 (3) OFFENSE SEVERITY RANKING CHART
1691 (g) LEVEL 7
1692
1693 FloridaStatute FelonyDegree Description
1694 316.027(1)(b) 1st Accident involving death, failure to stop; leaving scene.
1695 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1696 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.
1697 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1698 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1699 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1700 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1701 456.065(2) 3rd Practicing a health care profession without a license.
1702 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1703 458.327(1) 3rd Practicing medicine without a license.
1704 459.013(1) 3rd Practicing osteopathic medicine without a license.
1705 460.411(1) 3rd Practicing chiropractic medicine without a license.
1706 461.012(1) 3rd Practicing podiatric medicine without a license.
1707 462.17 3rd Practicing naturopathy without a license.
1708 463.015(1) 3rd Practicing optometry without a license.
1709 464.016(1) 3rd Practicing nursing without a license.
1710 465.015(2) 3rd Practicing pharmacy without a license.
1711 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1712 467.201 3rd Practicing midwifery without a license.
1713 468.366 3rd Delivering respiratory care services without a license.
1714 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1715 483.901(9) 3rd Practicing medical physics without a license.
1716 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1717 484.053 3rd Dispensing hearing aids without a license.
1718 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.
1719 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.
1720 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1721 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1722 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver driver’s license or identification card; other registration violations.
1723 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1724 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1725 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1726 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1727 782.071 2nd Killing of a human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1728 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1729 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1730 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1731 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1732 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1733 784.048(7) 3rd Aggravated stalking; violation of court order.
1734 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1735 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1736 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1737 784.081(1) 1st Aggravated battery on specified official or employee.
1738 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1739 784.083(1) 1st Aggravated battery on code inspector.
1740 787.06(3)(a) 1st Human trafficking using coercion for labor and services.
1741 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.
1742 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1743 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1744 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1745 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1746 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1747 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1748 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1749 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.
1750 796.03 2nd Procuring any person under 18 16 years for prostitution.
1751 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
1752 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.
1753 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1754 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1755 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1756 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1757 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1758 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.
1759 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1760 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1761 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1762 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1763 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1764 812.131(2)(a) 2nd Robbery by sudden snatching.
1765 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1766 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1767 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1768 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1769 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1770 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.
1771 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1772 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1773 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.
1774 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1775 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1776 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1777 838.015 2nd Bribery.
1778 838.016 2nd Unlawful compensation or reward for official behavior.
1779 838.021(3)(a) 2nd Unlawful harm to a public servant.
1780 838.22 2nd Bid tampering.
1781 843.0855(2) 3rd Impersonation of a public officer or employee.
1782 843.0855(3) 3rd Unlawful simulation of legal process.
1783 843.0855(4) 3rd Intimidation of a public officer or employee.
1784 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1785 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1786 872.06 2nd Abuse of a dead human body.
1787 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1788 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1789 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.
1790 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.
1791 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).
1792 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1793 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1794 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1795 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1796 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1797 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1798 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1799 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1800 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1801 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1802 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1803 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1804 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1805 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1806 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1807 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1808 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1809 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1810 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1811 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1812 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1813 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1814 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1815 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1816 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1817 (i) LEVEL 9
1818
1819 FloridaStatute FelonyDegree Description
1820 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1821 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1822 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1823 499.0051(9) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1824 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1825 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1826 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1827 775.0844 1st Aggravated white collar crime.
1828 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1829 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.
1830 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1831 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1832 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1833 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1834 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1835 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.
1836 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized alien.
1837 787.06(3)(g) 1st,PBL Human trafficking for commercial sexual activity of a child under the age of 18.
1838 787.06(4) 1st Selling or buying of minors into human trafficking.
1839 790.161 1st Attempted capital destructive device offense.
1840 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1841 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1842 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1843 794.011(4) 1st Sexual battery; victim 12 years or older, certain circumstances.
1844 794.011(8)(b) 1st Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1845 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1846 796.035 1st Selling or buying of minors into prostitution.
1847 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1848 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1849 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1850 812.135(2)(b) 1st Home-invasion robbery with weapon.
1851 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1852 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1853 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.
1854 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.
1855 827.03(2)(a) 1st Aggravated child abuse.
1856 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1857 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1858 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.
1859 893.135 1st Attempted capital trafficking offense.
1860 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1861 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1862 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1863 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, more than 400 grams.
1864 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, more than 25 kilograms.
1865 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, more than 200 grams.
1866 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1867 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1868 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1869 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1870 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1871 Section 13. This act shall take effect October 1, 2014.
1872
1873 ================= T I T L E A M E N D M E N T ================
1874 And the title is amended as follows:
1875 Delete everything before the enacting clause
1876 and insert:
1877 A bill to be entitled
1878 An act relating to sex offenses; amending s. 68.07,
1879 F.S.; requiring the Department of Law Enforcement to
1880 inform the clerk of the court if a person petitioning
1881 for a name change has registered as a sexual predator
1882 or sexual offender; requiring that each name change
1883 petition show whether the petitioner has ever been
1884 required to register as a sexual predator or sexual
1885 offender; requiring certain agencies to be notified of
1886 an order granting a name change to a person required
1887 to register as a sexual predator or sexual offender;
1888 requiring the Department of Law Enforcement and
1889 certain law enforcement agencies to be notified when a
1890 person required to register as a sexual predator or
1891 sexual offender and granted a legal name change fails
1892 to meet requirements to obtain a replacement driver
1893 license or identification card; amending s. 775.21,
1894 F.S.; revising definitions; providing that voluntary
1895 disclosure of specified information waives a
1896 disclosure exemption for such information; adding
1897 additional offenses to the list of sexual predator
1898 qualifying offenses; requiring disclosure of
1899 additional information during the sexual predator
1900 registration process; requiring that a sexual predator
1901 who is unable to secure or update a driver license or
1902 identification card within a specified period report a
1903 change in certain information to the local sheriff’s
1904 office within a specified time after such change and
1905 confirm that he or she also reported such information
1906 to the Department of Highway Safety and Motor
1907 Vehicles; requiring reporting of transient residence
1908 information within specified time periods; requiring
1909 sheriffs to establish procedures for reporting
1910 transient residence information; authorizing sheriffs
1911 to enter into agreements for reporting transient
1912 residence information; providing a criminal penalty
1913 for failure to report transient residence information;
1914 revising reporting requirements if a sexual predator
1915 plans to leave the United States for more than a
1916 specified time; authorizing sheriffs to verify the
1917 address of registrants under the care, custody,
1918 control, or supervision of the Department of
1919 Corrections; providing criminal penalties for
1920 knowingly providing false registration information by
1921 act or omission; authorizing additional venues for
1922 prosecution of registration violations; conforming
1923 provisions to changes made by the act; amending s.
1924 775.25, F.S.; authorizing additional venues for
1925 prosecution of registration violations; amending s.
1926 943.043, F.S.; prohibiting display or dissemination of
1927 certain vehicle information on the Internet public
1928 registry of sexual predators and offenders; amending
1929 s. 943.0435, F.S.; adding additional offenses to the
1930 list of sexual offender qualifying offenses; revising
1931 definitions; requiring disclosure of additional sexual
1932 offender registration information; requiring reporting
1933 of transient residence information within specified
1934 time periods; requiring sheriffs to establish
1935 procedures for reporting transient residence
1936 information; authorizing sheriffs to enter into
1937 agreements for reporting transient residence
1938 information; providing a criminal penalty for failure
1939 to report transient residence information; requiring
1940 that a sexual offender who is unable to secure or
1941 update a driver license or identification card within
1942 a specified period report a change in certain
1943 information to the local sheriff’s office within a
1944 specified period of time of such change and confirm
1945 that he or she also reported such information to the
1946 Department of Highway Safety and Motor Vehicles;
1947 authorizing sheriffs to verify the address of
1948 registrants under the care, custody, and control, or
1949 supervision of the Department of Corrections;
1950 providing additional requirements for sexual offenders
1951 intending to reside outside of the United States;
1952 authorizing additional venues for prosecution of
1953 registration violations; revising criteria applicable
1954 to provisions that allow removal of the requirement to
1955 register as a sexual offender; providing criminal
1956 penalties for knowingly providing false registration
1957 information by act or omission; conforming provisions
1958 to changes made by the act; amending s. 943.04354,
1959 F.S.; revising the criteria applicable to provisions
1960 that allow removal of the requirement to register as a
1961 sexual offender or sexual predator; amending s.
1962 943.0437, F.S.; conforming terminology; amending ss.
1963 944.606 and 944.607, F.S.; adding additional offenses
1964 to the list of sexual offender qualifying offenses;
1965 revising definitions; requiring disclosure of
1966 additional registration information; providing
1967 criminal penalties for knowingly providing false
1968 registration information by act or omission;
1969 conforming provisions to changes made by the act;
1970 amending ss. 985.481 and 985.4815, F.S.; requiring
1971 disclosure of additional registration information by
1972 certain sexual offenders adjudicated delinquent and
1973 certain juvenile sexual offenders; providing criminal
1974 penalties for knowingly providing false registration
1975 information by act or omission; amending s. 921.0022,
1976 F.S.; updating provisions of the offense severity
1977 ranking chart of the Criminal Punishment Code to
1978 reflect prior changes in the law; conforming
1979 provisions of the offense severity ranking chart to
1980 changes made by the act; providing an effective date.