Florida Senate - 2016                                    SB 1662
       
       
        
       By Senator Bradley
       
       7-01110A-16                                           20161662__
    1                        A bill to be entitled                      
    2         An act relating to sexual offenders; amending s.
    3         775.21, F.S.; revising definitions; revising the
    4         criteria for a felony offense for which an offender is
    5         designated as a sexual predator; expanding the
    6         criteria by removing a requirement that the defendant
    7         not be the victim’s parent or guardian; revising the
    8         information that a sexual predator is required to
    9         provide to specified entities under certain
   10         circumstances; revising registration and verification
   11         requirements imposed upon a sexual predator;
   12         conforming provisions to changes made by the act;
   13         amending s. 856.022, F.S.; revising the criteria for
   14         loitering or prowling by certain offenders; expanding
   15         the criteria by removing a requirement that the
   16         offender not be the victim’s parent or guardian;
   17         amending s. 943.0435, F.S.; revising definitions;
   18         revising the reporting and registering requirements
   19         imposed upon a sexual offender to conform provisions
   20         to changes made by the act; deleting provisions of
   21         applicability; amending s. 943.04354, F.S.; modifying
   22         the list of offenses for which a sexual offender or
   23         sexual predator must be considered by the department
   24         for removal from registration requirements; deleting
   25         from the list a conviction or adjudication of
   26         delinquency for sexual battery; specifying the
   27         appropriate venue for a defendant to move the circuit
   28         court to remove the requirement to register as a
   29         sexual offender or sexual predator; amending s.
   30         944.606, F.S.; revising definitions; revising the
   31         information that the Department of Law Enforcement is
   32         required to provide about a sexual offender upon his
   33         or her release from incarceration; conforming
   34         provisions to changes made by the act; amending s.
   35         944.607, F.S.; revising definitions; conforming
   36         provisions to changes made by the act; amending s.
   37         985.481, F.S.; revising definitions; conforming
   38         provisions to changes made by the act; amending s.
   39         985.4815, F.S.; revising definitions; revising the
   40         reporting and registering requirements imposed upon a
   41         sexual offender to conform provisions to changes made
   42         by the act; amending ss. 92.55, 775.0862, 943.0515,
   43         947.1405, 948.30, 948.31, 1012.315, and 1012.467,
   44         F.S.; conforming cross-references; reenacting s.
   45         938.085, F.S., relating to additional costs to fund
   46         rape crisis centers, to incorporate the amendment made
   47         to s. 775.21, F.S., in a reference thereto; reenacting
   48         s. 794.056(1), F.S., relating to the Rape Crisis
   49         Program Trust Fund, to incorporate the amendments made
   50         to ss. 775.21 and 943.0435, F.S., in references
   51         thereto; reenacting s. 921.0022(3)(g), F.S., relating
   52         to level 7 of the offense severity ranking chart of
   53         the Criminal Punishment Code, to incorporate the
   54         amendments made to ss. 775.21, 943.0435, 944.607, and
   55         985.4815, F.S., in references thereto; reenacting s.
   56         985.04(6)(b), F.S., relating to confidential
   57         information, to incorporate the amendments made to ss.
   58         775.21, 943.0435, 944.606, 944.607, 985.481, and
   59         985.4815, F.S., in references thereto; reenacting ss.
   60         322.141(3) and (4), 948.06(4), and 948.063, F.S.,
   61         relating to color or markings of certain licenses or
   62         identification cards, probation or community control,
   63         and violations of probation or community control by
   64         designated sexual offenders and sexual predators,
   65         respectively, to incorporate the amendments made to
   66         ss. 775.21, 943.0435, and 944.607, F.S., in references
   67         thereto; reenacting s. 944.607(10)(c), F.S., relating
   68         to notification to the Department of Law Enforcement
   69         of information on sexual offenders, to incorporate the
   70         amendment made to s. 943.0435, F.S., in a reference
   71         thereto; reenacting ss. 397.4872(2) and 435.07(4)(b),
   72         F.S., relating to exemptions from disqualification, to
   73         incorporate the amendment made to s. 943.04354, F.S.,
   74         in references thereto; reenacting s. 775.25, F.S.,
   75         relating to prosecutions for acts or omissions, to
   76         incorporate the amendments made to ss. 944.606 and
   77         944.607, F.S., in references thereto; reenacting ss.
   78         775.24(2) and 944.608(7), F.S., relating to duty of
   79         the court to uphold laws governing sexual predators
   80         and sexual offenders and notification to the
   81         Department of Law Enforcement of information on career
   82         offenders, respectively, to incorporate the amendment
   83         made to s. 944.607, F.S., in references thereto;
   84         providing an effective date.
   85          
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Subsection (2), paragraph (a) of subsection (4),
   89  paragraphs (a), (e), (f), (g), and (i) of subsection (6),
   90  paragraph (a) of subsection (8), and paragraphs (a) and (b) of
   91  subsection (10) of section 775.21, Florida Statutes, are
   92  amended, and paragraphs (c) and (d) of subsection (4),
   93  paragraphs (a) and (b) of subsection (5), and paragraphs (c) and
   94  (e) of subsection (10) of that section are republished, to read:
   95         775.21 The Florida Sexual Predators Act.—
   96         (2) DEFINITIONS.—As used in this section, the term:
   97         (a) “Change in enrollment or employment status at an
   98  institution of higher education” means the commencement or
   99  termination of enrollment, including, but not limited to,
  100  traditional classroom settings or online courses, or employment,
  101  whether for compensation or as a volunteer, at an institution of
  102  higher education or a change in location of enrollment or
  103  employment, whether for compensation or as a volunteer, at an
  104  institution of higher education.
  105         (b) “Chief of police” means the chief law enforcement
  106  officer of a municipality.
  107         (c) “Child care facility” has the same meaning as provided
  108  in s. 402.302.
  109         (d) “Community” means any county where the sexual predator
  110  lives or otherwise establishes or maintains a permanent,
  111  temporary, or transient permanent residence.
  112         (e) “Conviction” means a determination of guilt which is
  113  the result of a trial or the entry of a plea of guilty or nolo
  114  contendere, regardless of whether adjudication is withheld. A
  115  conviction for a similar offense includes, but is not limited
  116  to, a conviction by a federal or military tribunal, including
  117  courts-martial conducted by the Armed Forces of the United
  118  States, and includes a conviction or entry of a plea of guilty
  119  or nolo contendere resulting in a sanction in any state of the
  120  United States or other jurisdiction. A sanction includes, but is
  121  not limited to, a fine, probation, community control, parole,
  122  conditional release, control release, or incarceration in a
  123  state prison, federal prison, private correctional facility, or
  124  local detention facility.
  125         (f) “Department” means the Department of Law Enforcement.
  126         (g) “Electronic mail address” has the same meaning as
  127  provided in s. 668.602.
  128         (h) “Entering the county” includes being discharged from a
  129  correctional facility or jail or secure treatment facility
  130  within the county or being under supervision within the county
  131  for the commission of a violation enumerated in subsection (4).
  132         (i) “Institution of higher education” means a career
  133  center, a community college, a college, a state university, or
  134  an independent postsecondary institution.
  135         (j)(i) “Internet identifier” includes, but is not limited
  136  to, all website uniform resource locators (URLs) and application
  137  software, whether mobile or nonmobile, used for Internet
  138  communication, including anonymous communication, through means
  139  all electronic mail, chat, instant messages messenger, social
  140  networking, social gaming, or other similar programs and all
  141  corresponding usernames, logins, screen names, and screen
  142  identifiers associated with each URL or application software.
  143  Internet identifier application software, or similar names used
  144  for Internet communication, but does not include a date of
  145  birth, Social Security number, or personal identification number
  146  (PIN), URL, or application software used for utility, banking,
  147  retail, or medical purposes. Voluntary disclosure by a sexual
  148  predator or sexual offender of his or her date of birth, Social
  149  Security number, or PIN as an Internet identifier waives the
  150  disclosure exemption in this paragraph for such personal
  151  information.
  152         (j) “Institution of higher education” means a career
  153  center, community college, college, state university, or
  154  independent postsecondary institution.
  155         (k) “Permanent residence” means a place where the person
  156  abides, lodges, or resides for 5 or more consecutive days.
  157         (l) “Professional license” means the document of
  158  authorization or certification issued by an agency of this state
  159  for a regulatory purpose, or by any similar agency in another
  160  jurisdiction for a regulatory purpose, to a person to engage in
  161  an occupation or to carry out a trade or business.
  162         (m)(l) “Temporary residence” means a place where the person
  163  abides, lodges, or resides, including, but not limited to,
  164  vacation, business, or personal travel destinations in or out of
  165  this state, for a period of 5 or more days in the aggregate
  166  during any calendar year and which is not the person’s permanent
  167  address or, for a person whose permanent residence is not in
  168  this state, a place where the person is employed, practices a
  169  vocation, or is enrolled as a student for any period of time in
  170  this state.
  171         (n)(m) “Transient residence” means a county where a person
  172  lives, remains, or is located for a period of 5 or more days in
  173  the aggregate during a calendar year and which is not the
  174  person’s permanent or temporary address. The term includes, but
  175  is not limited to, a place where the person sleeps or seeks
  176  shelter and a location that has no specific street address.
  177         (o)(n) “Vehicles owned” means any motor vehicle as defined
  178  in s. 320.01, which is registered, coregistered, leased, titled,
  179  or rented by a sexual predator or sexual offender; a rented
  180  vehicle that a sexual predator or sexual offender is authorized
  181  to drive; or a vehicle for which a sexual predator or sexual
  182  offender is insured as a driver. The term also includes any
  183  motor vehicle as defined in s. 320.01, which is registered,
  184  coregistered, leased, titled, or rented by a person or persons
  185  residing at a sexual predator’s or sexual offender’s permanent
  186  residence for 5 or more consecutive days.
  187         (4) SEXUAL PREDATOR CRITERIA.—
  188         (a) For a current offense committed on or after October 1,
  189  1993, upon conviction, an offender shall be designated as a
  190  “sexual predator” under subsection (5), and subject to
  191  registration under subsection (6) and community and public
  192  notification under subsection (7) if:
  193         1. The felony is:
  194         a. A capital, life, or first degree felony violation, or
  195  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  196  is a minor and the defendant is not the victim’s parent or
  197  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
  198  violation of a similar law of another jurisdiction; or
  199         b. Any felony violation, or any attempt thereof, of s.
  200  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  201  787.025(2)(c), where the victim is a minor and the defendant is
  202  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  203  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
  204  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  205  800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0135,
  206  excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2); or s.
  207  985.701(1); or a violation of a similar law of another
  208  jurisdiction, and the offender has previously been convicted of
  209  or found to have committed, or has pled nolo contendere or
  210  guilty to, regardless of adjudication, any violation of s.
  211  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  212  787.025(2)(c), where the victim is a minor and the defendant is
  213  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  214  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
  215  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  216  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  217  excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2); or s.
  218  985.701(1); or a violation of a similar law of another
  219  jurisdiction;
  220         2. The offender has not received a pardon for any felony or
  221  similar law of another jurisdiction that is necessary for the
  222  operation of this paragraph; and
  223         3. A conviction of a felony or similar law of another
  224  jurisdiction necessary to the operation of this paragraph has
  225  not been set aside in any postconviction proceeding.
  226         (c) If an offender has been registered as a sexual predator
  227  by the Department of Corrections, the department, or any other
  228  law enforcement agency and if:
  229         1. The court did not, for whatever reason, make a written
  230  finding at the time of sentencing that the offender was a sexual
  231  predator; or
  232         2. The offender was administratively registered as a sexual
  233  predator because the Department of Corrections, the department,
  234  or any other law enforcement agency obtained information that
  235  indicated that the offender met the criteria for designation as
  236  a sexual predator based on a violation of a similar law in
  237  another jurisdiction,
  238  
  239  the department shall remove that offender from the department’s
  240  list of sexual predators and, for an offender described under
  241  subparagraph 1., shall notify the state attorney who prosecuted
  242  the offense that met the criteria for administrative designation
  243  as a sexual predator, and, for an offender described under this
  244  paragraph, shall notify the state attorney of the county where
  245  the offender establishes or maintains a permanent, temporary, or
  246  transient residence. The state attorney shall bring the matter
  247  to the court’s attention in order to establish that the offender
  248  meets the criteria for designation as a sexual predator. If the
  249  court makes a written finding that the offender is a sexual
  250  predator, the offender must be designated as a sexual predator,
  251  must register or be registered as a sexual predator with the
  252  department as provided in subsection (6), and is subject to the
  253  community and public notification as provided in subsection (7).
  254  If the court does not make a written finding that the offender
  255  is a sexual predator, the offender may not be designated as a
  256  sexual predator with respect to that offense and is not required
  257  to register or be registered as a sexual predator with the
  258  department.
  259         (d) An offender who has been determined to be a sexually
  260  violent predator pursuant to a civil commitment proceeding under
  261  chapter 394 shall be designated as a “sexual predator” under
  262  subsection (5) and subject to registration under subsection (6)
  263  and community and public notification under subsection (7).
  264         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
  265  as a sexual predator as follows:
  266         (a)1. An offender who meets the sexual predator criteria
  267  described in paragraph (4)(d) is a sexual predator, and the
  268  court shall make a written finding at the time such offender is
  269  determined to be a sexually violent predator under chapter 394
  270  that such person meets the criteria for designation as a sexual
  271  predator for purposes of this section. The clerk shall transmit
  272  a copy of the order containing the written finding to the
  273  department within 48 hours after the entry of the order;
  274         2. An offender who meets the sexual predator criteria
  275  described in paragraph (4)(a) who is before the court for
  276  sentencing for a current offense committed on or after October
  277  1, 1993, is a sexual predator, and the sentencing court must
  278  make a written finding at the time of sentencing that the
  279  offender is a sexual predator, and the clerk of the court shall
  280  transmit a copy of the order containing the written finding to
  281  the department within 48 hours after the entry of the order; or
  282         3. If the Department of Corrections, the department, or any
  283  other law enforcement agency obtains information which indicates
  284  that an offender who establishes or maintains a permanent,
  285  temporary, or transient residence in this state meets the sexual
  286  predator criteria described in paragraph (4)(a) or paragraph
  287  (4)(d) because the offender was civilly committed or committed a
  288  similar violation in another jurisdiction on or after October 1,
  289  1993, the Department of Corrections, the department, or the law
  290  enforcement agency shall notify the state attorney of the county
  291  where the offender establishes or maintains a permanent,
  292  temporary, or transient residence of the offender’s presence in
  293  the community. The state attorney shall file a petition with the
  294  criminal division of the circuit court for the purpose of
  295  holding a hearing to determine if the offender’s criminal record
  296  or record of civil commitment from another jurisdiction meets
  297  the sexual predator criteria. If the court finds that the
  298  offender meets the sexual predator criteria because the offender
  299  has violated a similar law or similar laws in another
  300  jurisdiction, the court shall make a written finding that the
  301  offender is a sexual predator.
  302  
  303  When the court makes a written finding that an offender is a
  304  sexual predator, the court shall inform the sexual predator of
  305  the registration and community and public notification
  306  requirements described in this section. Within 48 hours after
  307  the court designating an offender as a sexual predator, the
  308  clerk of the circuit court shall transmit a copy of the court’s
  309  written sexual predator finding to the department. If the
  310  offender is sentenced to a term of imprisonment or supervision,
  311  a copy of the court’s written sexual predator finding must be
  312  submitted to the Department of Corrections.
  313         (b) If a sexual predator is not sentenced to a term of
  314  imprisonment, the clerk of the court shall ensure that the
  315  sexual predator’s fingerprints are taken and forwarded to the
  316  department within 48 hours after the court renders its written
  317  sexual predator finding. The fingerprints shall be clearly
  318  marked, “Sexual Predator Registration.” The clerk of the court
  319  that convicts and sentences the sexual predator for the offense
  320  or offenses described in subsection (4) shall forward to the
  321  department and to the Department of Corrections a certified copy
  322  of any order entered by the court imposing any special condition
  323  or restriction on the sexual predator that restricts or
  324  prohibits access to the victim, if the victim is a minor, or to
  325  other minors.
  326         (6) REGISTRATION.—
  327         (a) A sexual predator shall register with the department
  328  through the sheriff’s office by providing the following
  329  information to the department:
  330         1. Name; social security number; age; race; sex; date of
  331  birth; height; weight; tattoos or other identifying marks; hair
  332  and eye color; photograph; address of legal residence and
  333  address of any current temporary residence, within the state or
  334  out of state, including a rural route address and a post office
  335  box; if no permanent or temporary address, any transient
  336  residence within the state; address, location or description,
  337  and dates of any current or known future temporary residence
  338  within the state or out of state; all electronic mail addresses
  339  and all Internet identifiers required to be provided pursuant to
  340  subparagraph (g)5.; all home telephone numbers and cellular
  341  telephone numbers required to be provided pursuant to
  342  subparagraph (g)5.; date and place of any employment information
  343  required to be provided pursuant to subparagraph (g)5.; the
  344  make, model, color, vehicle identification number (VIN), and
  345  license tag number of all vehicles owned; date and place of each
  346  conviction; fingerprints; palm prints; and a brief description
  347  of the crime or crimes committed by the offender. A post office
  348  box may not be provided in lieu of a physical residential
  349  address. The sexual predator shall produce his or her passport,
  350  if he or she has a passport, and, if he or she is an alien,
  351  shall produce or provide information about documents
  352  establishing his or her immigration status. The sexual predator
  353  shall also provide information about any professional licenses
  354  he or she has.
  355         a. If the sexual predator’s place of residence is a motor
  356  vehicle, trailer, mobile home, or manufactured home, as defined
  357  in chapter 320, the sexual predator shall also provide to the
  358  department written notice of the vehicle identification number;
  359  the license tag number; the registration number; and a
  360  description, including color scheme, of the motor vehicle,
  361  trailer, mobile home, or manufactured home. If a sexual
  362  predator’s place of residence is a vessel, live-aboard vessel,
  363  or houseboat, as defined in chapter 327, the sexual predator
  364  shall also provide to the department written notice of the hull
  365  identification number; the manufacturer’s serial number; the
  366  name of the vessel, live-aboard vessel, or houseboat; the
  367  registration number; and a description, including color scheme,
  368  of the vessel, live-aboard vessel, or houseboat.
  369         b. If the sexual predator is enrolled or, employed, whether
  370  for compensation or as a volunteer volunteering, or carrying on
  371  a vocation at an institution of higher education in this state,
  372  the sexual predator shall also provide to the department
  373  pursuant to subparagraph (g)5. the name, address, and county of
  374  each institution, including each campus attended, and the sexual
  375  predator’s enrollment, volunteer, or employment status. Each
  376  change in enrollment, volunteer, or employment status must be
  377  reported in person at the sheriff’s office, or the Department of
  378  Corrections if the sexual predator is in the custody or control
  379  of or under the supervision of the Department of Corrections,
  380  within 48 hours after any change in status. The sheriff, or the
  381  Department of Corrections, or the Department of Juvenile Justice
  382  shall promptly notify each institution of higher education of
  383  the sexual predator’s presence and any change in the sexual
  384  predator’s enrollment, volunteer, or employment status.
  385         c. A sexual predator shall report in person to the
  386  sheriff’s office within 48 hours after any change in vehicles
  387  owned to report those vehicle information changes.
  388         2. Any other information determined necessary by the
  389  department, including criminal and corrections records;
  390  nonprivileged personnel and treatment records; and evidentiary
  391  genetic markers when available.
  392         (e)1. If the sexual predator is not in the custody or
  393  control of, or under the supervision of, the Department of
  394  Corrections or is not in the custody of a private correctional
  395  facility, the sexual predator shall register in person:
  396         a. At the sheriff’s office in the county where he or she
  397  establishes or maintains a residence within 48 hours after
  398  establishing or maintaining a residence in this state; and
  399         b. At the sheriff’s office in the county where he or she
  400  was designated a sexual predator by the court within 48 hours
  401  after such finding is made.
  402         2. Any change in the sexual predator’s permanent, or
  403  temporary, or transient residence;, name;, vehicles owned;,
  404  electronic mail addresses;, or Internet identifiers; home
  405  telephone numbers and cellular telephone numbers; and employment
  406  information and any change in status at an institution of higher
  407  education, required to be provided pursuant to subparagraph
  408  (g)5., after the sexual predator registers in person at the
  409  sheriff’s office as provided in subparagraph 1., must be
  410  accomplished in the manner provided in paragraphs (g), (i), and
  411  (j). When a sexual predator registers with the sheriff’s office,
  412  the sheriff shall take a photograph, a set of fingerprints, and
  413  palm prints of the predator and forward the photographs, palm
  414  prints, and fingerprints to the department, along with the
  415  information that the predator is required to provide pursuant to
  416  this section.
  417         (f) Within 48 hours after the registration required under
  418  paragraph (a) or paragraph (e), a sexual predator who is not
  419  incarcerated and who resides in the community, including a
  420  sexual predator under the supervision of the Department of
  421  Corrections, shall register in person at a driver license office
  422  of the Department of Highway Safety and Motor Vehicles and shall
  423  present proof of registration unless a driver license or an
  424  identification card that complies with the requirements of s.
  425  322.141(3) was previously secured or updated under s. 944.607.
  426  At the driver license office the sexual predator shall:
  427         1. If otherwise qualified, secure a Florida driver license,
  428  renew a Florida driver license, or secure an identification
  429  card. The sexual predator shall identify himself or herself as a
  430  sexual predator who is required to comply with this section,
  431  provide his or her place of permanent, temporary, or transient
  432  residence, including a rural route address and a post office
  433  box, and submit to the taking of a photograph for use in issuing
  434  a driver license, a renewed license, or an identification card,
  435  and for use by the department in maintaining current records of
  436  sexual predators. A post office box may not be provided in lieu
  437  of a physical residential address. If the sexual predator’s
  438  place of residence is a motor vehicle, trailer, mobile home, or
  439  manufactured home, as defined in chapter 320, the sexual
  440  predator shall also provide to the Department of Highway Safety
  441  and Motor Vehicles the vehicle identification number; the
  442  license tag number; the registration number; and a description,
  443  including color scheme, of the motor vehicle, trailer, mobile
  444  home, or manufactured home. If a sexual predator’s place of
  445  residence is a vessel, live-aboard vessel, or houseboat, as
  446  defined in chapter 327, the sexual predator shall also provide
  447  to the Department of Highway Safety and Motor Vehicles the hull
  448  identification number; the manufacturer’s serial number; the
  449  name of the vessel, live-aboard vessel, or houseboat; the
  450  registration number; and a description, including color scheme,
  451  of the vessel, live-aboard vessel, or houseboat.
  452         2. Pay the costs assessed by the Department of Highway
  453  Safety and Motor Vehicles for issuing or renewing a driver
  454  license or an identification card as required by this section.
  455  The driver license or identification card issued to the sexual
  456  predator must comply with s. 322.141(3).
  457         3. Provide, upon request, any additional information
  458  necessary to confirm the identity of the sexual predator,
  459  including a set of fingerprints.
  460         (g)1. Each time a sexual predator’s driver license or
  461  identification card is subject to renewal, and, without regard
  462  to the status of the predator’s driver license or identification
  463  card, within 48 hours after any change of the predator’s
  464  residence or change in the predator’s name by reason of marriage
  465  or other legal process, the predator shall report in person to a
  466  driver license office and is subject to the requirements
  467  specified in paragraph (f). The Department of Highway Safety and
  468  Motor Vehicles shall forward to the department and to the
  469  Department of Corrections all photographs and information
  470  provided by sexual predators. Notwithstanding the restrictions
  471  set forth in s. 322.142, the Department of Highway Safety and
  472  Motor Vehicles may release a reproduction of a color-photograph
  473  or digital-image license to the Department of Law Enforcement
  474  for purposes of public notification of sexual predators as
  475  provided in this section. A sexual predator who is unable to
  476  secure or update a driver license or an identification card with
  477  the Department of Highway Safety and Motor Vehicles as provided
  478  in paragraph (f) and this paragraph shall also report any change
  479  of the predator’s residence or change in the predator’s name by
  480  reason of marriage or other legal process within 48 hours after
  481  the change to the sheriff’s office in the county where the
  482  predator resides or is located and provide confirmation that he
  483  or she reported such information to the Department of Highway
  484  Safety and Motor Vehicles. The reporting requirements under this
  485  subparagraph do not negate the requirement for a sexual predator
  486  to obtain a Florida driver license or identification card as
  487  required by this section.
  488         2.a. A sexual predator who vacates a permanent, temporary,
  489  or transient residence and fails to establish or maintain
  490  another permanent, temporary, or transient residence shall,
  491  within 48 hours after vacating the permanent, temporary, or
  492  transient residence, report in person to the sheriff’s office of
  493  the county in which he or she is located. The sexual predator
  494  shall specify the date upon which he or she intends to or did
  495  vacate such residence. The sexual predator shall provide or
  496  update all of the registration information required under
  497  paragraph (a). The sexual predator shall provide an address for
  498  the residence or other place that he or she is or will be
  499  located during the time in which he or she fails to establish or
  500  maintain a permanent or temporary residence.
  501         b. A sexual predator shall report in person at the
  502  sheriff’s office in the county in which he or she is located
  503  within 48 hours after establishing a transient residence and
  504  thereafter must report in person every 30 days to the sheriff’s
  505  office in the county in which he or she is located while
  506  maintaining a transient residence. The sexual predator must
  507  provide the addresses and locations where he or she maintains a
  508  transient residence. Each sheriff’s office shall establish
  509  procedures for reporting transient residence information and
  510  provide notice to transient registrants to report transient
  511  residence information as required in this sub-subparagraph.
  512  Reporting to the sheriff’s office as required by this sub
  513  subparagraph does not exempt registrants from any reregistration
  514  requirement. The sheriff may coordinate and enter into
  515  agreements with police departments and other governmental
  516  entities to facilitate additional reporting sites for transient
  517  residence registration required in this sub-subparagraph. The
  518  sheriff’s office shall, within 2 business days, electronically
  519  submit and update all information provided by the sexual
  520  predator to the department.
  521         3. A sexual predator who remains at a permanent, temporary,
  522  or transient residence after reporting his or her intent to
  523  vacate such residence shall, within 48 hours after the date upon
  524  which the predator indicated he or she would or did vacate such
  525  residence, report in person to the sheriff’s office to which he
  526  or she reported pursuant to subparagraph 2. for the purpose of
  527  reporting his or her address at such residence. When the sheriff
  528  receives the report, the sheriff shall promptly convey the
  529  information to the department. An offender who makes a report as
  530  required under subparagraph 2. but fails to make a report as
  531  required under this subparagraph commits a felony of the second
  532  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  533  775.084.
  534         4. The failure of a sexual predator who maintains a
  535  transient residence to report in person to the sheriff’s office
  536  every 30 days as required by sub-subparagraph 2.b. is punishable
  537  as provided in subsection (10).
  538         5.a. A sexual predator shall register all electronic mail
  539  addresses and Internet identifiers with the department through
  540  the department’s online system or in person at the sheriff’s
  541  office before using such electronic mail addresses and Internet
  542  identifiers. If the sexual predator is in the custody or
  543  control, or under the supervision, of the Department of
  544  Corrections, he or she must report all electronic mail addresses
  545  and Internet identifiers to the Department of Corrections before
  546  using such electronic mail addresses or Internet identifiers. If
  547  the sexual predator is in the custody or control, or under the
  548  supervision, of the Department of Juvenile Justice, he or she
  549  must report all electronic mail addresses and Internet
  550  identifiers to the Department of Juvenile Justice before using
  551  such electronic mail addresses or Internet identifiers.
  552         b. A sexual predator shall register all changes to home
  553  telephone numbers and cellular telephone numbers, including
  554  added and deleted numbers, all changes to employment
  555  information, and all changes in status related to enrollment,
  556  volunteering, or employment at institutions of higher education,
  557  through the department’s online system; in person at the
  558  sheriff’s office; in person at the Department of Corrections if
  559  the sexual predator is in the custody or control, or under the
  560  supervision, of the Department of Corrections; or in person at
  561  the Department of Juvenile Justice if the sexual predator is in
  562  the custody or control, or under the supervision, of the
  563  Department of Juvenile Justice. All changes required to be
  564  reported in this subparagraph shall be reported within 48 hours
  565  after the change.
  566         c. The department shall establish an online system through
  567  which sexual predators may securely access, submit, and update
  568  all electronic mail address and Internet identifier information,
  569  home telephone numbers and cellular telephone numbers,
  570  employment information, and institution of higher education
  571  information.
  572         (i) A sexual predator who intends to establish a permanent,
  573  temporary, or transient residence in another state or
  574  jurisdiction other than the State of Florida shall report in
  575  person to the sheriff of the county of current residence within
  576  48 hours before the date he or she intends to leave this state
  577  to establish residence in another state or jurisdiction or at
  578  least within 21 days before the date he or she intends to travel
  579  before his or her planned departure date if the intended
  580  residence of 5 days or more is outside of the United States. Any
  581  travel that is not known by the sexual predator 21 days before
  582  the departure date must be reported to the sheriff’s office as
  583  soon as possible before departure. The sexual predator shall
  584  provide to the sheriff the address, municipality, county, state,
  585  and country of intended residence. For international travel, the
  586  sexual predator shall also provide travel information,
  587  including, but not limited to, expected departure and return
  588  dates, flight number, airport of departure, cruise port of
  589  departure, or any other means of intended travel. The sheriff
  590  shall promptly provide to the department the information
  591  received from the sexual predator. The department shall notify
  592  the statewide law enforcement agency, or a comparable agency, in
  593  the intended state, jurisdiction, or country of residence of the
  594  sexual predator’s intended residence. The failure of a sexual
  595  predator to provide his or her intended place of residence is
  596  punishable as provided in subsection (10).
  597         (8) VERIFICATION.—The department and the Department of
  598  Corrections shall implement a system for verifying the addresses
  599  of sexual predators. The system must be consistent with the
  600  provisions of the federal Adam Walsh Child Protection and Safety
  601  Act of 2006 and any other federal standards applicable to such
  602  verification or required to be met as a condition for the
  603  receipt of federal funds by the state. The Department of
  604  Corrections shall verify the addresses of sexual predators who
  605  are not incarcerated but who reside in the community under the
  606  supervision of the Department of Corrections and shall report to
  607  the department any failure by a sexual predator to comply with
  608  registration requirements. County and local law enforcement
  609  agencies, in conjunction with the department, shall verify the
  610  addresses of sexual predators who are not under the care,
  611  custody, control, or supervision of the Department of
  612  Corrections, and may verify the addresses of sexual predators
  613  who are under the care, custody, control, or supervision of the
  614  Department of Corrections. Local law enforcement agencies shall
  615  report to the department any failure by a sexual predator to
  616  comply with registration requirements.
  617         (a) A sexual predator shall report in person each year
  618  during the month of the sexual predator’s birthday and during
  619  every third month thereafter to the sheriff’s office in the
  620  county in which he or she resides or is otherwise located to
  621  reregister. The sheriff’s office may determine the appropriate
  622  times and days for reporting by the sexual predator, which must
  623  be consistent with the reporting requirements of this paragraph.
  624  Reregistration must include any changes to the following
  625  information:
  626         1. Name; social security number; age; race; sex; date of
  627  birth; height; weight; tattoos or other identifying marks; hair
  628  and eye color; address of any permanent residence and address of
  629  any current temporary residence, within the state or out of
  630  state, including a rural route address and a post office box; if
  631  no permanent or temporary address, any transient residence
  632  within the state; address, location or description, and dates of
  633  any current or known future temporary residence within the state
  634  or out of state; all electronic mail addresses or Internet
  635  identifiers required to be provided pursuant to subparagraph
  636  (6)(g)5.; all home telephone numbers and cellular telephone
  637  numbers required to be provided pursuant to subparagraph
  638  (6)(g)5.; date and place of any employment required to be
  639  provided pursuant to subparagraph (6)(g)5.; the make, model,
  640  color, vehicle identification number (VIN), and license tag
  641  number of all vehicles owned; fingerprints; palm prints; and
  642  photograph. A post office box may not be provided in lieu of a
  643  physical residential address. The sexual predator shall also
  644  produce his or her passport, if he or she has a passport, and,
  645  if he or she is an alien, shall produce or provide information
  646  about documents establishing his or her immigration status. The
  647  sexual predator shall also provide information about any
  648  professional licenses he or she has.
  649         2. If the sexual predator is enrolled or, employed, whether
  650  for compensation or as a volunteer volunteering, or carrying on
  651  a vocation at an institution of higher education in this state,
  652  the sexual predator shall also provide to the department the
  653  name, address, and county of each institution, including each
  654  campus attended, and the sexual predator’s enrollment,
  655  volunteer, or employment status.
  656         3. If the sexual predator’s place of residence is a motor
  657  vehicle, trailer, mobile home, or manufactured home, as defined
  658  in chapter 320, the sexual predator shall also provide the
  659  vehicle identification number; the license tag number; the
  660  registration number; and a description, including color scheme,
  661  of the motor vehicle, trailer, mobile home, or manufactured
  662  home. If the sexual predator’s place of residence is a vessel,
  663  live-aboard vessel, or houseboat, as defined in chapter 327, the
  664  sexual predator shall also provide the hull identification
  665  number; the manufacturer’s serial number; the name of the
  666  vessel, live-aboard vessel, or houseboat; the registration
  667  number; and a description, including color scheme, of the
  668  vessel, live-aboard vessel, or houseboat.
  669         (10) PENALTIES.—
  670         (a) Except as otherwise specifically provided, a sexual
  671  predator who fails to register; who fails, after registration,
  672  to maintain, acquire, or renew a driver license or an
  673  identification card; who fails to provide required location
  674  information, electronic mail address information before use,
  675  Internet identifier information before use, all home telephone
  676  numbers and cellular telephone numbers, employment information,
  677  change in status at an institution of higher education, or
  678  change-of-name information; who fails to make a required report
  679  in connection with vacating a permanent residence; who fails to
  680  reregister as required; who fails to respond to any address
  681  verification correspondence from the department within 3 weeks
  682  of the date of the correspondence; who knowingly provides false
  683  registration information by act or omission; or who otherwise
  684  fails, by act or omission, to comply with the requirements of
  685  this section commits a felony of the third degree, punishable as
  686  provided in s. 775.082, s. 775.083, or s. 775.084.
  687         (b) A sexual predator who has been convicted of or found to
  688  have committed, or has pled nolo contendere or guilty to,
  689  regardless of adjudication, any violation, or attempted
  690  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  691  the victim is a minor and the defendant is not the victim’s
  692  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  693  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  694  827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s.
  695  985.701(1); or a violation of a similar law of another
  696  jurisdiction when the victim of the offense was a minor, and who
  697  works, whether for compensation or as a volunteer, at any
  698  business, school, child care facility, park, playground, or
  699  other place where children regularly congregate, commits a
  700  felony of the third degree, punishable as provided in s.
  701  775.082, s. 775.083, or s. 775.084.
  702         (c) Any person who misuses public records information
  703  relating to a sexual predator, as defined in this section, or a
  704  sexual offender, as defined in s. 943.0435 or s. 944.607, to
  705  secure a payment from such a predator or offender; who knowingly
  706  distributes or publishes false information relating to such a
  707  predator or offender which the person misrepresents as being
  708  public records information; or who materially alters public
  709  records information with the intent to misrepresent the
  710  information, including documents, summaries of public records
  711  information provided by law enforcement agencies, or public
  712  records information displayed by law enforcement agencies on
  713  websites or provided through other means of communication,
  714  commits a misdemeanor of the first degree, punishable as
  715  provided in s. 775.082 or s. 775.083.
  716         (e) An arrest on charges of failure to register, the
  717  service of an information or a complaint for a violation of this
  718  section, or an arraignment on charges for a violation of this
  719  section constitutes actual notice of the duty to register when
  720  the predator has been provided and advised of his or her
  721  statutory obligation to register under subsection (6). A sexual
  722  predator’s failure to immediately register as required by this
  723  section following such arrest, service, or arraignment
  724  constitutes grounds for a subsequent charge of failure to
  725  register. A sexual predator charged with the crime of failure to
  726  register who asserts, or intends to assert, a lack of notice of
  727  the duty to register as a defense to a charge of failure to
  728  register shall immediately register as required by this section.
  729  A sexual predator who is charged with a subsequent failure to
  730  register may not assert the defense of a lack of notice of the
  731  duty to register.
  732         Section 2. Subsection (1) of section 856.022, Florida
  733  Statutes, is amended, and subsections (2), (3), and (4) of that
  734  section are republished, to read:
  735         856.022 Loitering or prowling by certain offenders in close
  736  proximity to children; penalty.—
  737         (1) Except as provided in subsection (2), this section
  738  applies to a person convicted of committing, or attempting,
  739  soliciting, or conspiring to commit, any of the criminal
  740  offenses proscribed in the following statutes in this state or
  741  similar offenses in another jurisdiction against a victim who
  742  was under 18 years of age at the time of the offense: s. 787.01,
  743  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  744  the offender was not the victim’s parent or guardian; s.
  745  787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05;
  746  former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
  747  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  748  847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any
  749  similar offense committed in this state which has been
  750  redesignated from a former statute number to one of those listed
  751  in this subsection, if the person has not received a pardon for
  752  any felony or similar law of another jurisdiction necessary for
  753  the operation of this subsection and a conviction of a felony or
  754  similar law of another jurisdiction necessary for the operation
  755  of this subsection has not been set aside in any postconviction
  756  proceeding.
  757         (2) This section does not apply to a person who has been
  758  removed from the requirement to register as a sexual offender or
  759  sexual predator pursuant to s. 943.04354.
  760         (3) A person described in subsection (1) commits loitering
  761  and prowling by a person convicted of a sexual offense against a
  762  minor if, in committing loitering and prowling, he or she was
  763  within 300 feet of a place where children were congregating.
  764         (4) It is unlawful for a person described in subsection (1)
  765  to:
  766         (a) Knowingly approach, contact, or communicate with a
  767  child under 18 years of age in any public park building or on
  768  real property comprising any public park or playground with the
  769  intent to engage in conduct of a sexual nature or to make a
  770  communication of any type with any content of a sexual nature.
  771  This paragraph applies only to a person described in subsection
  772  (1) whose offense was committed on or after May 26, 2010.
  773         (b)1. Knowingly be present in any child care facility or
  774  school containing any students in prekindergarten through grade
  775  12 or on real property comprising any child care facility or
  776  school containing any students in prekindergarten through grade
  777  12 when the child care facility or school is in operation unless
  778  the person had previously provided written notification of his
  779  or her intent to be present to the school board, superintendent,
  780  principal, or child care facility owner;
  781         2. Fail to notify the child care facility owner or the
  782  school principal’s office when he or she arrives and departs the
  783  child care facility or school; or
  784         3. Fail to remain under direct supervision of a school
  785  official or designated chaperone when present in the vicinity of
  786  children. As used in this paragraph, the term “school official”
  787  means a principal, a school resource officer, a teacher or any
  788  other employee of the school, the superintendent of schools, a
  789  member of the school board, a child care facility owner, or a
  790  child care provider.
  791         (c) A person is not in violation of paragraph (b) if:
  792         1. The child care facility or school is a voting location
  793  and the person is present for the purpose of voting during the
  794  hours designated for voting; or
  795         2. The person is only dropping off or picking up his or her
  796  own children or grandchildren at the child care facility or
  797  school.
  798         Section 3. Subsection (1) of section 943.0435, Florida
  799  Statutes, is reordered and amended, and subsection (2),
  800  paragraphs (a) and (e) of subsection (4), subsection (7),
  801  subsection (11), and paragraphs (b) and (c) of subsection (14)
  802  of that section are amended, to read:
  803         943.0435 Sexual offenders required to register with the
  804  department; penalty.—
  805         (1) As used in this section, the term:
  806         (h)(a)1. “Sexual offender” means a person who meets the
  807  criteria in sub-subparagraph a., sub-subparagraph b., sub
  808  subparagraph c., or sub-subparagraph d., as follows:
  809         a.(I) Has been convicted of committing, or attempting,
  810  soliciting, or conspiring to commit, any of the criminal
  811  offenses proscribed in the following statutes in this state or
  812  similar offenses in another jurisdiction: s. 393.135(2); s.
  813  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  814  the victim is a minor and the defendant is not the victim’s
  815  parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
  816  787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05;
  817  former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
  818  s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  819  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  820  916.1075(2); or s. 985.701(1); or any similar offense committed
  821  in this state which has been redesignated from a former statute
  822  number to one of those listed in this sub-sub-subparagraph; and
  823         (II) Has been released on or after October 1, 1997, from
  824  the sanction imposed for any conviction of an offense described
  825  in sub-sub-subparagraph (I). For purposes of sub-sub
  826  subparagraph (I), a sanction imposed in this state or in any
  827  other jurisdiction includes, but is not limited to, a fine,
  828  probation, community control, parole, conditional release,
  829  control release, or incarceration in a state prison, federal
  830  prison, private correctional facility, or local detention
  831  facility;
  832         b. Establishes or maintains a residence in this state and
  833  who has not been designated as a sexual predator by a court of
  834  this state but who has been designated as a sexual predator, as
  835  a sexually violent predator, or by another sexual offender
  836  designation in another state or jurisdiction and was, as a
  837  result of such designation, subjected to registration or
  838  community or public notification, or both, or would be if the
  839  person were a resident of that state or jurisdiction, without
  840  regard to whether the person otherwise meets the criteria for
  841  registration as a sexual offender;
  842         c. Establishes or maintains a residence in this state who
  843  is in the custody or control of, or under the supervision of,
  844  any other state or jurisdiction as a result of a conviction for
  845  committing, or attempting, soliciting, or conspiring to commit,
  846  any of the criminal offenses proscribed in the following
  847  statutes or similar offense in another jurisdiction: s.
  848  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  849  787.025(2)(c), where the victim is a minor and the defendant is
  850  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  851  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
  852  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  853  800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
  854  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
  855  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
  856  offense committed in this state which has been redesignated from
  857  a former statute number to one of those listed in this sub
  858  subparagraph; or
  859         d. On or after July 1, 2007, has been adjudicated
  860  delinquent for committing, or attempting, soliciting, or
  861  conspiring to commit, any of the criminal offenses proscribed in
  862  the following statutes in this state or similar offenses in
  863  another jurisdiction when the juvenile was 14 years of age or
  864  older at the time of the offense:
  865         (I) Section 794.011, excluding s. 794.011(10);
  866         (II) Section 800.04(4)(a)2. where the victim is under 12
  867  years of age or where the court finds sexual activity by the use
  868  of force or coercion;
  869         (III) Section 800.04(5)(c)1. where the court finds
  870  molestation involving unclothed genitals; or
  871         (IV) Section 800.04(5)(d) where the court finds the use of
  872  force or coercion and unclothed genitals.
  873         (V) Any similar offense committed in this state which has
  874  been redesignated from a former statute number to one of those
  875  listed in this sub-subparagraph.
  876         2. For all qualifying offenses listed in sub-subparagraph
  877  1.d. (1)(a)1.d., the court shall make a written finding of the
  878  age of the offender at the time of the offense.
  879  
  880  For each violation of a qualifying offense listed in this
  881  subsection, except for a violation of s. 794.011, the court
  882  shall make a written finding of the age of the victim at the
  883  time of the offense. For a violation of s. 800.04(4), the court
  884  shall also make a written finding indicating whether the offense
  885  involved sexual activity and indicating whether the offense
  886  involved force or coercion. For a violation of s. 800.04(5), the
  887  court shall also make a written finding that the offense did or
  888  did not involve unclothed genitals or genital area and that the
  889  offense did or did not involve the use of force or coercion.
  890         (b) “Convicted” means that there has been a determination
  891  of guilt as a result of a trial or the entry of a plea of guilty
  892  or nolo contendere, regardless of whether adjudication is
  893  withheld, and includes an adjudication of delinquency of a
  894  juvenile as specified in this section. Conviction of a similar
  895  offense includes, but is not limited to, a conviction by a
  896  federal or military tribunal, including courts-martial conducted
  897  by the Armed Forces of the United States, and includes a
  898  conviction or entry of a plea of guilty or nolo contendere
  899  resulting in a sanction in any state of the United States or
  900  other jurisdiction. A sanction includes, but is not limited to,
  901  a fine, probation, community control, parole, conditional
  902  release, control release, or incarceration in a state prison,
  903  federal prison, private correctional facility, or local
  904  detention facility.
  905         (f)(c) “Permanent residence,” “temporary residence,” and
  906  “transient residence” have the same meaning as provided ascribed
  907  in s. 775.21.
  908         (d) “Institution of higher education” has the same meaning
  909  as provided in s. 775.21 means a career center, community
  910  college, college, state university, or independent postsecondary
  911  institution.
  912         (a)(e) “Change in enrollment or employment status at an
  913  institution of higher educationhas the same meaning as
  914  provided in s. 775.21 means the commencement or termination of
  915  enrollment or employment or a change in location of enrollment
  916  or employment.
  917         (c)(f) “Electronic mail address” has the same meaning as
  918  provided in s. 668.602.
  919         (e)(g) “Internet identifier” has the same meaning as
  920  provided in s. 775.21.
  921         (i)(h) “Vehicles owned” has the same meaning as provided in
  922  s. 775.21.
  923         (g) “Professional license” has the same meaning as provided
  924  in s. 775.21.
  925         (2) A sexual offender shall:
  926         (a) Report in person at the sheriff’s office:
  927         1. In the county in which the offender establishes or
  928  maintains a permanent, temporary, or transient residence within
  929  48 hours after:
  930         a. Establishing permanent, temporary, or transient
  931  residence in this state; or
  932         b. Being released from the custody, control, or supervision
  933  of the Department of Corrections or from the custody of a
  934  private correctional facility; or
  935         2. In the county where he or she was convicted within 48
  936  hours after being convicted for a qualifying offense for
  937  registration under this section if the offender is not in the
  938  custody or control of, or under the supervision of, the
  939  Department of Corrections, or is not in the custody of a private
  940  correctional facility.
  941  
  942  Any change in the information required to be provided pursuant
  943  to paragraph (b), including, but not limited to, any change in
  944  the sexual offender’s permanent, temporary, or transient
  945  residence;, name;, electronic mail addresses;, or Internet
  946  identifiers; home telephone numbers and cellular telephone
  947  numbers; and employment information and any change in status at
  948  an institution of higher education, required to be provided
  949  pursuant to paragraph (4)(e), after the sexual offender reports
  950  in person at the sheriff’s office, must be accomplished in the
  951  manner provided in subsections (4), (7), and (8).
  952         (b) Provide his or her name; date of birth; social security
  953  number; race; sex; height; weight; hair and eye color; tattoos
  954  or other identifying marks; fingerprints; palm prints;
  955  photograph; occupation and place of employment information
  956  required to be provided pursuant to paragraph (4)(e); address of
  957  permanent or legal residence or address of any current temporary
  958  residence, within the state or out of state, including a rural
  959  route address and a post office box; if no permanent or
  960  temporary address, any transient residence within the state,
  961  address, location or description, and dates of any current or
  962  known future temporary residence within the state or out of
  963  state; the make, model, color, vehicle identification number
  964  (VIN), and license tag number of all vehicles owned; all home
  965  telephone numbers and cellular telephone numbers required to be
  966  provided pursuant to paragraph (4)(e); all electronic mail
  967  addresses and all Internet identifiers required to be provided
  968  pursuant to paragraph (4)(e); date and place of each conviction;
  969  and a brief description of the crime or crimes committed by the
  970  offender. A post office box may not be provided in lieu of a
  971  physical residential address. The sexual offender shall also
  972  produce his or her passport, if he or she has a passport, and,
  973  if he or she is an alien, shall produce or provide information
  974  about documents establishing his or her immigration status. The
  975  sexual offender shall also provide information about any
  976  professional licenses he or she has.
  977         1. If the sexual offender’s place of residence is a motor
  978  vehicle, trailer, mobile home, or manufactured home, as defined
  979  in chapter 320, the sexual offender shall also provide to the
  980  department through the sheriff’s office written notice of the
  981  vehicle identification number; the license tag number; the
  982  registration number; and a description, including color scheme,
  983  of the motor vehicle, trailer, mobile home, or manufactured
  984  home. If the sexual offender’s place of residence is a vessel,
  985  live-aboard vessel, or houseboat, as defined in chapter 327, the
  986  sexual offender shall also provide to the department written
  987  notice of the hull identification number; the manufacturer’s
  988  serial number; the name of the vessel, live-aboard vessel, or
  989  houseboat; the registration number; and a description, including
  990  color scheme, of the vessel, live-aboard vessel, or houseboat.
  991         2. If the sexual offender is enrolled or, employed, whether
  992  for compensation or as a volunteer volunteering, or carrying on
  993  a vocation at an institution of higher education in this state,
  994  the sexual offender shall also provide to the department
  995  pursuant to paragraph (4)(e) through the sheriff’s office the
  996  name, address, and county of each institution, including each
  997  campus attended, and the sexual offender’s enrollment,
  998  volunteer, or employment status. Each change in enrollment,
  999  volunteer, or employment status must be reported in person at
 1000  the sheriff’s office, within 48 hours after any change in
 1001  status. The sheriff, the Department of Corrections, or the
 1002  Department of Juvenile Justice shall promptly notify each
 1003  institution of higher education of the sexual offender’s
 1004  presence and any change in the sexual offender’s enrollment,
 1005  volunteer, or employment status.
 1006         3. A sexual offender shall report in person to the
 1007  sheriff’s office within 48 hours after any change in vehicles
 1008  owned to report those vehicle information changes.
 1009         (c) Provide any other information determined necessary by
 1010  the department, including criminal and corrections records;
 1011  nonprivileged personnel and treatment records; and evidentiary
 1012  genetic markers, when available.
 1013  
 1014  When a sexual offender reports at the sheriff’s office, the
 1015  sheriff shall take a photograph, a set of fingerprints, and palm
 1016  prints of the offender and forward the photographs, palm prints,
 1017  and fingerprints to the department, along with the information
 1018  provided by the sexual offender. The sheriff shall promptly
 1019  provide to the department the information received from the
 1020  sexual offender.
 1021         (4)(a) Each time a sexual offender’s driver license or
 1022  identification card is subject to renewal, and, without regard
 1023  to the status of the offender’s driver license or identification
 1024  card, within 48 hours after any change in the offender’s
 1025  permanent, temporary, or transient residence or change in the
 1026  offender’s name by reason of marriage or other legal process,
 1027  the offender shall report in person to a driver license office,
 1028  and is subject to the requirements specified in subsection (3).
 1029  The Department of Highway Safety and Motor Vehicles shall
 1030  forward to the department all photographs and information
 1031  provided by sexual offenders. Notwithstanding the restrictions
 1032  set forth in s. 322.142, the Department of Highway Safety and
 1033  Motor Vehicles may release a reproduction of a color-photograph
 1034  or digital-image license to the Department of Law Enforcement
 1035  for purposes of public notification of sexual offenders as
 1036  provided in this section and ss. 943.043 and 944.606. A sexual
 1037  offender who is unable to secure or update a driver license or
 1038  an identification card with the Department of Highway Safety and
 1039  Motor Vehicles as provided in subsection (3) and this subsection
 1040  shall also report any change in the sexual offender’s permanent,
 1041  temporary, or transient residence or change in the offender’s
 1042  name by reason of marriage or other legal process within 48
 1043  hours after the change to the sheriff’s office in the county
 1044  where the offender resides or is located and provide
 1045  confirmation that he or she reported such information to the
 1046  Department of Highway Safety and Motor Vehicles. The reporting
 1047  requirements under this paragraph do not negate the requirement
 1048  for a sexual offender to obtain a Florida driver license or an
 1049  identification card as required in this section.
 1050         (e)1. A sexual offender shall register all electronic mail
 1051  addresses and Internet identifiers with the department through
 1052  the department’s online system or in person at the sheriff’s
 1053  office before using such electronic mail addresses and Internet
 1054  identifiers. If the sexual offender is in the custody or
 1055  control, or under the supervision, of the Department of
 1056  Corrections, he or she must report all electronic mail addresses
 1057  and Internet identifiers to the Department of Corrections before
 1058  using such electronic mail addresses or Internet identifiers. If
 1059  the sexual offender is in the custody or control, or under the
 1060  supervision, of the Department of Juvenile Justice, he or she
 1061  must report all electronic mail addresses and Internet
 1062  identifiers to the Department of Juvenile Justice before using
 1063  such electronic mail addresses or Internet identifiers.
 1064         2. A sexual offender shall register all changes to home
 1065  telephone numbers and cellular telephone numbers, including
 1066  added and deleted numbers, all changes to employment
 1067  information, and all changes in status related to enrollment,
 1068  volunteering, or employment at institutions of higher education,
 1069  through the department’s online system; in person at the
 1070  sheriff’s office; in person at the Department of Corrections if
 1071  the sexual offender is in the custody or control, or under the
 1072  supervision, of the Department of Corrections; or in person at
 1073  the Department of Juvenile Justice if the sexual offender is in
 1074  the custody or control, or under the supervision, of the
 1075  Department of Juvenile Justice. All changes required to be
 1076  reported under this subparagraph must be reported within 48
 1077  hours after the change.
 1078         3. The department shall establish an online system through
 1079  which sexual offenders may securely access, submit, and update
 1080  all changes in status to electronic mail address and Internet
 1081  identifier information, home telephone numbers and cellular
 1082  telephone numbers, employment information, and institution of
 1083  higher education information.
 1084         (7) A sexual offender who intends to establish a permanent,
 1085  temporary, or transient residence in another state or
 1086  jurisdiction other than the State of Florida shall report in
 1087  person to the sheriff of the county of current residence within
 1088  48 hours before the date he or she intends to leave this state
 1089  to establish residence in another state or jurisdiction or at
 1090  least within 21 days before the date he or she intends to travel
 1091  before his or her planned departure date if the intended
 1092  residence of 5 days or more is outside of the United States. Any
 1093  travel that is not known by the sexual offender 21 days before
 1094  the departure date must be reported in person to the sheriff’s
 1095  office as soon as possible before departure. The sexual offender
 1096  shall provide to the sheriff The notification must include the
 1097  address, municipality, county, state, and country of intended
 1098  residence. For international travel, the sexual offender shall
 1099  also provide travel information, including, but not limited to,
 1100  expected departure and return dates, flight number, airport of
 1101  departure, cruise port of departure, or any other means of
 1102  intended travel. The sheriff shall promptly provide to the
 1103  department the information received from the sexual offender.
 1104  The department shall notify the statewide law enforcement
 1105  agency, or a comparable agency, in the intended state,
 1106  jurisdiction, or country of residence of the sexual offender’s
 1107  intended residence. The failure of a sexual offender to provide
 1108  his or her intended place of residence is punishable as provided
 1109  in subsection (9).
 1110         (11) Except as provided in s. 943.04354, a sexual offender
 1111  shall maintain registration with the department for the duration
 1112  of his or her life unless the sexual offender has received a
 1113  full pardon or has had a conviction set aside in a
 1114  postconviction proceeding for any offense that meets the
 1115  criteria for classifying the person as a sexual offender for
 1116  purposes of registration. However, a sexual offender shall be
 1117  considered for removal of the requirement to register as a
 1118  sexual offender only if the person:
 1119         (a)1. Who Has been lawfully released from confinement,
 1120  supervision, or sanction, whichever is later, for at least 25
 1121  years and has not been arrested for any felony or misdemeanor
 1122  offense since release, provided that the sexual offender’s
 1123  requirement to register was not based upon an adult conviction:
 1124         a. For a violation of s. 787.01 or s. 787.02;
 1125         b. For a violation of s. 794.011, excluding s. 794.011(10);
 1126         c. For a violation of s. 800.04(4)(a)2. where the court
 1127  finds the offense involved a victim under 12 years of age or
 1128  sexual activity by the use of force or coercion;
 1129         d. For a violation of s. 800.04(5)(b);
 1130         e. For a violation of s. 800.04(5)(c)2. where the court
 1131  finds the offense involved the use of force or coercion and
 1132  unclothed genitals or genital area;
 1133         f. For a violation of s. 825.1025(2)(a);
 1134         g.f. For any attempt or conspiracy to commit any such
 1135  offense;
 1136         h.g. For a violation of similar law of another
 1137  jurisdiction; or
 1138         i.h. For a violation of a similar offense committed in this
 1139  state which has been redesignated from a former statute number
 1140  to one of those listed in this subparagraph.,
 1141         2. If the sexual offender meets the criteria in
 1142  subparagraph 1., the sexual offender may, for the purpose of
 1143  removing the requirement for registration as a sexual offender,
 1144  petition the criminal division of the circuit court of the
 1145  circuit:
 1146         a. Where the conviction or adjudication occurred, for a
 1147  conviction in this state;
 1148         b. Where the sexual offender resides, for a conviction of a
 1149  violation of similar law of another jurisdiction; or
 1150         c. Where the sexual offender last resided, for a sexual
 1151  offender with a conviction of a violation of similar law of
 1152  another jurisdiction who no longer resides in this state for the
 1153  purpose of removing the requirement for registration as a sexual
 1154  offender.
 1155         3.2. The court may grant or deny relief if the offender
 1156  demonstrates to the court that he or she has not been arrested
 1157  for any crime since release; the requested relief complies with
 1158  the provisions of the federal Adam Walsh Child Protection and
 1159  Safety Act of 2006 and any other federal standards applicable to
 1160  the removal of registration requirements for a sexual offender
 1161  or required to be met as a condition for the receipt of federal
 1162  funds by the state; and the court is otherwise satisfied that
 1163  the offender is not a current or potential threat to public
 1164  safety. The state attorney in the circuit in which the petition
 1165  is filed must be given notice of the petition at least 3 weeks
 1166  before the hearing on the matter. The state attorney may present
 1167  evidence in opposition to the requested relief or may otherwise
 1168  demonstrate the reasons why the petition should be denied. If
 1169  the court denies the petition, the court may set a future date
 1170  at which the sexual offender may again petition the court for
 1171  relief, subject to the standards for relief provided in this
 1172  subsection.
 1173         4.3. The department shall remove an offender from
 1174  classification as a sexual offender for purposes of registration
 1175  if the offender provides to the department a certified copy of
 1176  the court’s written findings or order that indicates that the
 1177  offender is no longer required to comply with the requirements
 1178  for registration as a sexual offender.
 1179         4. For purposes of this paragraph:
 1180         a. The registration period of a sexual offender sentenced
 1181  to a term of incarceration or committed to a residential program
 1182  begins upon the offender’s release from incarceration or
 1183  commitment for the most recent conviction that required the
 1184  offender to register.
 1185         b. A sexual offender’s registration period is tolled during
 1186  any period in which the offender is incarcerated, civilly
 1187  committed, detained pursuant to chapter 985, or committed to a
 1188  residential program.
 1189         c. Except as provided in sub-subparagraph e., if the sexual
 1190  offender is only sentenced to a term of supervision for the most
 1191  recent conviction that required the offender to register as a
 1192  sexual offender or is only subject to a period of supervision
 1193  for that conviction, the registration period begins when the
 1194  term or period of supervision for that conviction begins.
 1195         d. Except as provided in sub-subparagraph e., if the sexual
 1196  offender is sentenced to a term of supervision that follows a
 1197  term of incarceration for the most recent conviction that
 1198  required the offender to register as a sexual offender or is
 1199  subject to a period of supervision that follows commitment to a
 1200  residential program for that conviction, the registration period
 1201  begins when the term or period of supervision for that
 1202  conviction begins.
 1203         e. If a sexual offender is sentenced to a term of more than
 1204  25 years’ supervision for the most recent conviction that
 1205  required the offender to register as a sexual offender, the
 1206  sexual offender may not petition for removal of the requirement
 1207  for registration as a sexual offender until the term of
 1208  supervision for that conviction is completed.
 1209         (b) As defined in sub-subparagraph (1)(h)1.b. (1)(a)1.b.
 1210  must maintain registration with the department for the duration
 1211  of his or her life until the person provides the department with
 1212  an order issued by the court that designated the person as a
 1213  sexual predator, as a sexually violent predator, or by another
 1214  sexual offender designation in the state or jurisdiction in
 1215  which the order was issued which states that such designation
 1216  has been removed or demonstrates to the department that such
 1217  designation, if not imposed by a court, has been removed by
 1218  operation of law or court order in the state or jurisdiction in
 1219  which the designation was made, and provided such person no
 1220  longer meets the criteria for registration as a sexual offender
 1221  under the laws of this state.
 1222         (14)
 1223         (b) However, a sexual offender who is required to register
 1224  as a result of a conviction for:
 1225         1. Section 787.01 or s. 787.02 where the victim is a minor
 1226  and the offender is not the victim’s parent or guardian;
 1227         2. Section 794.011, excluding s. 794.011(10);
 1228         3. Section 800.04(4)(a)2. where the court finds the offense
 1229  involved a victim under 12 years of age or sexual activity by
 1230  the use of force or coercion;
 1231         4. Section 800.04(5)(b);
 1232         5. Section 800.04(5)(c)1. where the court finds molestation
 1233  involving unclothed genitals or genital area;
 1234         6. Section 800.04(5)(c)2. where the court finds molestation
 1235  involving the use of force or coercion and unclothed genitals or
 1236  genital area;
 1237         7. Section 800.04(5)(d) where the court finds the use of
 1238  force or coercion and unclothed genitals or genital area;
 1239         8. Section 825.1025(2)(a);
 1240         9.8. Any attempt or conspiracy to commit such offense;
 1241         10.9. A violation of a similar law of another jurisdiction;
 1242  or
 1243         11.10. A violation of a similar offense committed in this
 1244  state which has been redesignated from a former statute number
 1245  to one of those listed in this paragraph,
 1246  
 1247  must reregister each year during the month of the sexual
 1248  offender’s birthday and every third month thereafter.
 1249         (c) The sheriff’s office may determine the appropriate
 1250  times and days for reporting by the sexual offender, which must
 1251  be consistent with the reporting requirements of this
 1252  subsection. Reregistration must include any changes to the
 1253  following information:
 1254         1. Name; social security number; age; race; sex; date of
 1255  birth; height; weight; tattoos or other identifying marks; hair
 1256  and eye color; address of any permanent residence and address of
 1257  any current temporary residence, within the state or out of
 1258  state, including a rural route address and a post office box; if
 1259  no permanent or temporary address, any transient residence
 1260  within the state; address, location or description, and dates of
 1261  any current or known future temporary residence within the state
 1262  or out of state; all electronic mail addresses or Internet
 1263  identifiers required to be provided pursuant to paragraph
 1264  (4)(e); all home telephone numbers and cellular telephone
 1265  numbers required to be provided pursuant to paragraph (4)(e);
 1266  date and place of any employment information required to be
 1267  provided pursuant to paragraph (4)(e); the make, model, color,
 1268  vehicle identification number (VIN), and license tag number of
 1269  all vehicles owned; fingerprints; palm prints; and photograph. A
 1270  post office box may not be provided in lieu of a physical
 1271  residential address. The sexual offender shall also produce his
 1272  or her passport, if he or she has a passport, and, if he or she
 1273  is an alien, shall produce or provide information about
 1274  documents establishing his or her immigration status. The sexual
 1275  offender shall also provide information about any professional
 1276  licenses he or she has.
 1277         2. If the sexual offender is enrolled or, volunteering,
 1278  employed, whether for compensation or as a volunteer, or
 1279  carrying on a vocation at an institution of higher education in
 1280  this state, the sexual offender shall also provide to the
 1281  department the name, address, and county of each institution,
 1282  including each campus attended, and the sexual offender’s
 1283  enrollment, volunteer, or employment status.
 1284         3. If the sexual offender’s place of residence is a motor
 1285  vehicle, trailer, mobile home, or manufactured home, as defined
 1286  in chapter 320, the sexual offender shall also provide the
 1287  vehicle identification number; the license tag number; the
 1288  registration number; and a description, including color scheme,
 1289  of the motor vehicle, trailer, mobile home, or manufactured
 1290  home. If the sexual offender’s place of residence is a vessel,
 1291  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1292  sexual offender shall also provide the hull identification
 1293  number; the manufacturer’s serial number; the name of the
 1294  vessel, live-aboard vessel, or houseboat; the registration
 1295  number; and a description, including color scheme, of the
 1296  vessel, live-aboard vessel or houseboat.
 1297         4. Any sexual offender who fails to report in person as
 1298  required at the sheriff’s office, who fails to respond to any
 1299  address verification correspondence from the department within 3
 1300  weeks of the date of the correspondence, who fails to report all
 1301  electronic mail addresses and all Internet identifiers before
 1302  prior to use, or who knowingly provides false registration
 1303  information by act or omission commits a felony of the third
 1304  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1305  775.084.
 1306         Section 4. Subsections (1) and (2) of section 943.04354,
 1307  Florida Statutes, are amended to read:
 1308         943.04354 Removal of the requirement to register as a
 1309  sexual offender or sexual predator in special circumstances.—
 1310         (1) For purposes of this section, a person shall be
 1311  considered for removal of the requirement to register as a
 1312  sexual offender or sexual predator only if the person:
 1313         (a) Was convicted, regardless of adjudication, or
 1314  adjudicated delinquent of a violation of s. 794.011, s. 800.04,
 1315  s. 827.071, or s. 847.0135(5) or of a similar offense in another
 1316  jurisdiction and if the person does not have any other
 1317  conviction, regardless of adjudication, or adjudication of
 1318  delinquency for a violation of s. 794.011, s. 800.04, s.
 1319  827.071, or s. 847.0135(5) or for a similar offense in another
 1320  jurisdiction;
 1321         (b)1. Was convicted, regardless of adjudication, or
 1322  adjudicated delinquent of an offense listed in paragraph (a) and
 1323  is required to register as a sexual offender or sexual predator
 1324  solely on the basis of this conviction or adjudication; or
 1325         2. Was convicted, regardless of adjudication, or
 1326  adjudicated delinquent of an offense in another jurisdiction
 1327  which is similar to an offense listed in paragraph (a) and no
 1328  longer meets the criteria for registration as a sexual offender
 1329  or sexual predator under the laws of the jurisdiction in which
 1330  the similar offense occurred; and
 1331         (c) Is not more than 4 years older than the victim of this
 1332  violation who was 13 years of age or older but younger than 18
 1333  years of age at the time the person committed this violation.
 1334         (2)(a) If a person meets the criteria in subsection (1),
 1335  the person may, for the purpose of removing the requirement that
 1336  he or she register as a sexual offender or sexual predator, move
 1337  the criminal division of the circuit court of the circuit:
 1338         1.the person may move the criminal division of the circuit
 1339  court of the circuit Where the conviction or adjudication for
 1340  the qualifying offense occurred for a conviction in this state;
 1341         2. Where the sexual offender or sexual predator resides for
 1342  a conviction for a violation of similar law of another
 1343  jurisdiction; or
 1344         3. Where the sexual offender or sexual predator last
 1345  resided for a sexual offender or sexual predator with a
 1346  conviction of a violation of a similar law of another
 1347  jurisdiction who no longer resides in this state to remove the
 1348  requirement that the person register as a sexual offender or
 1349  sexual predator.
 1350         (b) The person must allege in the motion that he or she
 1351  meets the criteria in subsection (1) and that removal of the
 1352  registration requirement will not conflict with federal law that
 1353  requires that the sexual act be consensual, notwithstanding the
 1354  age of the victim. A person convicted or adjudicated delinquent
 1355  of an offense in another jurisdiction which is similar to an
 1356  offense listed in paragraph (1)(a) must provide the court
 1357  written confirmation that he or she is not required to register
 1358  in the jurisdiction in which the conviction or adjudication
 1359  occurred. The state attorney and the department must be given
 1360  notice of the motion at least 21 days before the date of
 1361  sentencing, disposition of the violation, or hearing on the
 1362  motion and may present evidence in opposition to the requested
 1363  relief or may otherwise demonstrate why the motion should be
 1364  denied. At sentencing, disposition of the violation, or hearing
 1365  on the motion, the court shall rule on the motion, and, if the
 1366  court determines the person meets the criteria in subsection (1)
 1367  and the removal of the registration requirement will not
 1368  conflict with federal law that requires that the sexual act be
 1369  consensual, notwithstanding the age of the victim, it may grant
 1370  the motion and order the removal of the registration
 1371  requirement. The court shall instruct the person to provide the
 1372  department a certified copy of the order granting relief. If the
 1373  court denies the motion, the person is not authorized under this
 1374  section to file another motion for removal of the registration
 1375  requirement.
 1376         Section 5. Subsection (1) of section 944.606, Florida
 1377  Statutes, is reordered and amended, and paragraph (a) of
 1378  subsection (3) of that section is amended, to read:
 1379         944.606 Sexual offenders; notification upon release.—
 1380         (1) As used in this section, the term:
 1381         (a) “Convicted” means there has been a determination of
 1382  guilt as a result of a trial or the entry of a plea of guilty or
 1383  nolo contendere, regardless of whether adjudication is withheld.
 1384  A conviction for a similar offense includes, but is not limited
 1385  to, a conviction by a federal or military tribunal, including
 1386  courts-martial conducted by the Armed Forces of the United
 1387  States, and includes a conviction or entry of a plea of guilty
 1388  or nolo contendere resulting in a sanction in any state of the
 1389  United States or other jurisdiction. A sanction includes, but is
 1390  not limited to, a fine; probation; community control; parole;
 1391  conditional release; control release; or incarceration in a
 1392  state prison, federal prison, private correctional facility, or
 1393  local detention facility.
 1394         (f)(b) “Sexual offender” means a person who has been
 1395  convicted of committing, or attempting, soliciting, or
 1396  conspiring to commit, any of the criminal offenses proscribed in
 1397  the following statutes in this state or similar offenses in
 1398  another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01,
 1399  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
 1400  the defendant is not the victim’s parent or guardian; s.
 1401  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 1402  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 1403  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 1404  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1405  847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
 1406  985.701(1); or any similar offense committed in this state which
 1407  has been redesignated from a former statute number to one of
 1408  those listed in this subsection, when the department has
 1409  received verified information regarding such conviction; an
 1410  offender’s computerized criminal history record is not, in and
 1411  of itself, verified information.
 1412         (b)(c) “Electronic mail address” has the same meaning as
 1413  provided in s. 668.602.
 1414         (c)(d) “Internet identifier” has the same meaning as
 1415  provided in s. 775.21.
 1416         (d) “Permanent residence,” “temporary residence,” and
 1417  “transient residence” have the same meaning as provided in s.
 1418  775.21.
 1419         (e) “Professional license” has the same meaning as provided
 1420  in s. 775.21.
 1421         (3)(a) The department shall provide information regarding
 1422  any sexual offender who is being released after serving a period
 1423  of incarceration for any offense, as follows:
 1424         1. The department shall provide: the sexual offender’s
 1425  name, any change in the offender’s name by reason of marriage or
 1426  other legal process, and any alias, if known; the correctional
 1427  facility from which the sexual offender is released; the sexual
 1428  offender’s social security number, race, sex, date of birth,
 1429  height, weight, and hair and eye color; tattoos or other
 1430  identifying marks; address of any planned permanent residence or
 1431  temporary residence, within the state or out of state, including
 1432  a rural route address and a post office box; if no permanent or
 1433  temporary address, any transient residence within the state;
 1434  address, location or description, and dates of any known future
 1435  temporary residence within the state or out of state; date and
 1436  county of sentence and each crime for which the offender was
 1437  sentenced; a copy of the offender’s fingerprints, palm prints,
 1438  and a digitized photograph taken within 60 days before release;
 1439  the date of release of the sexual offender; all electronic mail
 1440  addresses and all Internet identifiers required to be provided
 1441  pursuant to s. 943.0435(4)(e); employment information, if known,
 1442  provided pursuant to s. 943.0435(4)(e); all home telephone
 1443  numbers and cellular telephone numbers required to be provided
 1444  pursuant to s. 943.0435(4)(e); information about any
 1445  professional licenses the offender has, if known; and passport
 1446  information, if he or she has a passport, and, if he or she is
 1447  an alien, information about documents establishing his or her
 1448  immigration status. The department shall notify the Department
 1449  of Law Enforcement if the sexual offender escapes, absconds, or
 1450  dies. If the sexual offender is in the custody of a private
 1451  correctional facility, the facility shall take the digitized
 1452  photograph of the sexual offender within 60 days before the
 1453  sexual offender’s release and provide this photograph to the
 1454  Department of Corrections and also place it in the sexual
 1455  offender’s file. If the sexual offender is in the custody of a
 1456  local jail, the custodian of the local jail shall register the
 1457  offender within 3 business days after intake of the offender for
 1458  any reason and upon release, and shall notify the Department of
 1459  Law Enforcement of the sexual offender’s release and provide to
 1460  the Department of Law Enforcement the information specified in
 1461  this paragraph and any information specified in subparagraph 2.
 1462  that the Department of Law Enforcement requests.
 1463         2. The department may provide any other information deemed
 1464  necessary, including criminal and corrections records,
 1465  nonprivileged personnel and treatment records, when available.
 1466         Section 6. Subsection (1) of section 944.607, Florida
 1467  Statutes, is reordered and amended, and subsections (4) and (13)
 1468  of that section are amended, to read:
 1469         944.607 Notification to Department of Law Enforcement of
 1470  information on sexual offenders.—
 1471         (1) As used in this section, the term:
 1472         (f)(a) “Sexual offender” means a person who is in the
 1473  custody or control of, or under the supervision of, the
 1474  department or is in the custody of a private correctional
 1475  facility:
 1476         1. On or after October 1, 1997, as a result of a conviction
 1477  for committing, or attempting, soliciting, or conspiring to
 1478  commit, any of the criminal offenses proscribed in the following
 1479  statutes in this state or similar offenses in another
 1480  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1481  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1482  defendant is not the victim’s parent or guardian; s.
 1483  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 1484  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 1485  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 1486  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1487  847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
 1488  985.701(1); or any similar offense committed in this state which
 1489  has been redesignated from a former statute number to one of
 1490  those listed in this paragraph; or
 1491         2. Who establishes or maintains a residence in this state
 1492  and who has not been designated as a sexual predator by a court
 1493  of this state but who has been designated as a sexual predator,
 1494  as a sexually violent predator, or by another sexual offender
 1495  designation in another state or jurisdiction and was, as a
 1496  result of such designation, subjected to registration or
 1497  community or public notification, or both, or would be if the
 1498  person were a resident of that state or jurisdiction, without
 1499  regard as to whether the person otherwise meets the criteria for
 1500  registration as a sexual offender.
 1501         (g)(b) “Vehicles owned” has the same meaning as provided in
 1502  s. 775.21.
 1503         (b)(c) “Conviction” means a determination of guilt which is
 1504  the result of a trial or the entry of a plea of guilty or nolo
 1505  contendere, regardless of whether adjudication is withheld.
 1506  Conviction of a similar offense includes, but is not limited to,
 1507  a conviction by a federal or military tribunal, including
 1508  courts-martial conducted by the Armed Forces of the United
 1509  States, and includes a conviction or entry of a plea of guilty
 1510  or nolo contendere resulting in a sanction in any state of the
 1511  United States or other jurisdiction. A sanction includes, but is
 1512  not limited to, a fine; probation; community control; parole;
 1513  conditional release; control release; or incarceration in a
 1514  state prison, federal prison, private correctional facility, or
 1515  local detention facility.
 1516         (d) “Institution of higher education” has the same meaning
 1517  as provided in s. 775.21 means a career center, community
 1518  college, college, state university, or independent postsecondary
 1519  institution.
 1520         (a)(e) “Change in enrollment or employment status at an
 1521  institution of higher educationhas the same meaning as
 1522  provided in s. 775.21 means the commencement or termination of
 1523  enrollment or employment or a change in location of enrollment
 1524  or employment.
 1525         (c)(f) “Electronic mail address” has the same meaning as
 1526  provided in s. 668.602.
 1527         (e)(g) “Internet identifier” has the same meaning as
 1528  provided in s. 775.21.
 1529         (4) A sexual offender, as described in this section, who is
 1530  under the supervision of the Department of Corrections but is
 1531  not incarcerated shall register with the Department of
 1532  Corrections within 3 business days after sentencing for a
 1533  registrable offense and otherwise provide information as
 1534  required by this subsection.
 1535         (a) The sexual offender shall provide his or her name; date
 1536  of birth; social security number; race; sex; height; weight;
 1537  hair and eye color; tattoos or other identifying marks; all
 1538  electronic mail addresses and Internet identifiers required to
 1539  be provided pursuant to s. 943.0435(4)(e); employment
 1540  information required to be provided pursuant to s.
 1541  943.0435(4)(e); all home telephone numbers and cellular
 1542  telephone numbers required to be provided pursuant to s.
 1543  943.0435(4)(e); the make, model, color, vehicle identification
 1544  number (VIN), and license tag number of all vehicles owned;
 1545  permanent or legal residence and address of temporary residence
 1546  within the state or out of state while the sexual offender is
 1547  under supervision in this state, including any rural route
 1548  address or post office box; if no permanent or temporary
 1549  address, any transient residence within the state; and address,
 1550  location or description, and dates of any current or known
 1551  future temporary residence within the state or out of state. The
 1552  sexual offender shall also produce his or her passport, if he or
 1553  she has a passport, and, if he or she is an alien, shall produce
 1554  or provide information about documents establishing his or her
 1555  immigration status. The sexual offender shall also provide
 1556  information about any professional licenses he or she has. The
 1557  Department of Corrections shall verify the address of each
 1558  sexual offender in the manner described in ss. 775.21 and
 1559  943.0435. The department shall report to the Department of Law
 1560  Enforcement any failure by a sexual predator or sexual offender
 1561  to comply with registration requirements.
 1562         (b) If the sexual offender is enrolled or, employed,
 1563  whether for compensation or as a volunteer volunteering, or
 1564  carrying on a vocation at an institution of higher education in
 1565  this state, the sexual offender shall provide the name, address,
 1566  and county of each institution, including each campus attended,
 1567  and the sexual offender’s enrollment, volunteer, or employment
 1568  status required to be provided pursuant to s. 943.0435(4)(e).
 1569  Each change in enrollment, volunteer, or employment status at an
 1570  institution of higher education must be reported to the
 1571  department within 48 hours after the change in status at an
 1572  institution of higher education as provided pursuant to s.
 1573  943.0435(4)(e). The Department of Corrections shall promptly
 1574  notify each institution of the sexual offender’s presence and
 1575  any change in the sexual offender’s enrollment, volunteer, or
 1576  employment status.
 1577         (c) A sexual offender shall report in person to the
 1578  sheriff’s office within 48 hours after any change in vehicles
 1579  owned to report those vehicle information changes.
 1580         (13)(a) A sexual offender must report in person each year
 1581  during the month of the sexual offender’s birthday and during
 1582  the sixth month following the sexual offender’s birth month to
 1583  the sheriff’s office in the county in which he or she resides or
 1584  is otherwise located to reregister.
 1585         (b) However, a sexual offender who is required to register
 1586  as a result of a conviction for:
 1587         1. Section 787.01 or s. 787.02 where the victim is a minor
 1588  and the offender is not the victim’s parent or guardian;
 1589         2. Section 794.011, excluding s. 794.011(10);
 1590         3. Section 800.04(4)(a)2. where the victim is under 12
 1591  years of age or where the court finds sexual activity by the use
 1592  of force or coercion;
 1593         4. Section 800.04(5)(b);
 1594         5. Section 800.04(5)(c)1. where the court finds molestation
 1595  involving unclothed genitals or genital area;
 1596         6. Section 800.04(5)(c)2. where the court finds molestation
 1597  involving use of force or coercion and unclothed genitals or
 1598  genital area;
 1599         7. Section 800.04(5)(d) where the court finds the use of
 1600  force or coercion and unclothed genitals or genital area;
 1601         8. Section 825.1025(2)(a);
 1602         9.8. Any attempt or conspiracy to commit such offense;
 1603         10.9. A violation of a similar law of another jurisdiction;
 1604  or
 1605         11.10. A violation of a similar offense committed in this
 1606  state which has been redesignated from a former statute number
 1607  to one of those listed in this paragraph,
 1608  
 1609  must reregister each year during the month of the sexual
 1610  offender’s birthday and every third month thereafter.
 1611         (c) The sheriff’s office may determine the appropriate
 1612  times and days for reporting by the sexual offender, which must
 1613  be consistent with the reporting requirements of this
 1614  subsection. Reregistration must include any changes to the
 1615  following information:
 1616         1. Name; social security number; age; race; sex; date of
 1617  birth; height; weight; tattoos or other identifying marks; hair
 1618  and eye color; address of any permanent residence and address of
 1619  any current temporary residence, within the state or out of
 1620  state, including a rural route address and a post office box; if
 1621  no permanent or temporary address, any transient residence;
 1622  address, location or description, and dates of any current or
 1623  known future temporary residence within the state or out of
 1624  state; all electronic mail addresses and Internet identifiers
 1625  required to be provided pursuant to s. 943.0435(4)(e); all home
 1626  telephone numbers and cellular telephone numbers required to be
 1627  provided pursuant to s. 943.0435(4)(e); date and place of any
 1628  employment information required to be provided pursuant to s.
 1629  943.0435(4)(e); the make, model, color, vehicle identification
 1630  number (VIN), and license tag number of all vehicles owned;
 1631  fingerprints; palm prints; and photograph. A post office box may
 1632  not be provided in lieu of a physical residential address. The
 1633  sexual offender shall also produce his or her passport, if he or
 1634  she has a passport, and, if he or she is an alien, shall produce
 1635  or provide information about documents establishing his or her
 1636  immigration status. The sexual offender shall also provide
 1637  information about any professional licenses he or she has.
 1638         2. If the sexual offender is enrolled or, employed, whether
 1639  for compensation or as a volunteer volunteering, or carrying on
 1640  a vocation at an institution of higher education in this state,
 1641  the sexual offender shall also provide to the department the
 1642  name, address, and county of each institution, including each
 1643  campus attended, and the sexual offender’s enrollment,
 1644  volunteer, or employment status.
 1645         3. If the sexual offender’s place of residence is a motor
 1646  vehicle, trailer, mobile home, or manufactured home, as defined
 1647  in chapter 320, the sexual offender shall also provide the
 1648  vehicle identification number; the license tag number; the
 1649  registration number; and a description, including color scheme,
 1650  of the motor vehicle, trailer, mobile home, or manufactured
 1651  home. If the sexual offender’s place of residence is a vessel,
 1652  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1653  sexual offender shall also provide the hull identification
 1654  number; the manufacturer’s serial number; the name of the
 1655  vessel, live-aboard vessel, or houseboat; the registration
 1656  number; and a description, including color scheme, of the
 1657  vessel, live-aboard vessel or houseboat.
 1658         4. Any sexual offender who fails to report in person as
 1659  required at the sheriff’s office, who fails to respond to any
 1660  address verification correspondence from the department within 3
 1661  weeks of the date of the correspondence, who fails to report all
 1662  electronic mail addresses or Internet identifiers before prior
 1663  to use, or who knowingly provides false registration information
 1664  by act or omission commits a felony of the third degree,
 1665  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1666         (d) The sheriff’s office shall, within 2 working days,
 1667  electronically submit and update all information provided by the
 1668  sexual offender to the Department of Law Enforcement in a manner
 1669  prescribed by that department.
 1670         Section 7. Subsection (1) and paragraph (a) of subsection
 1671  (3) of section 985.481, Florida Statutes, are amended to read:
 1672         985.481 Sexual offenders adjudicated delinquent;
 1673  notification upon release.—
 1674         (1) As used in this section:
 1675         (a) “Convicted” has the same meaning as provided in s.
 1676  943.0435.
 1677         (b) “Electronic mail address” has the same meaning as
 1678  provided in s. 668.602.
 1679         (c)(b) “Internet identifier” has the same meaning as
 1680  provided in s. 775.21.
 1681         (d) “Permanent residence,” “temporary residence,” and
 1682  “transient residence” have the same meaning as provided in s.
 1683  775.21.
 1684         (e) “Professional license” has the same meaning as provided
 1685  in s. 775.21.
 1686         (f)(c) “Sexual offender” means a person who has been
 1687  adjudicated delinquent as provided in s. 943.0435(1)(h)1.d. s.
 1688  943.0435(1)(a)1.d.
 1689         (g)(d) “Vehicles owned” has the same meaning as provided in
 1690  s. 775.21.
 1691         (3)(a) The department shall provide information regarding
 1692  any sexual offender who is being released after serving a period
 1693  of residential commitment under the department for any offense,
 1694  as follows:
 1695         1. The department shall provide the sexual offender’s name,
 1696  any change in the offender’s name by reason of marriage or other
 1697  legal process, and any alias, if known; the correctional
 1698  facility from which the sexual offender is released; the sexual
 1699  offender’s social security number, race, sex, date of birth,
 1700  height, weight, and hair and eye color; tattoos or other
 1701  identifying marks; the make, model, color, vehicle
 1702  identification number (VIN), and license tag number of all
 1703  vehicles owned; address of any planned permanent residence or
 1704  temporary residence, within the state or out of state, including
 1705  a rural route address and a post office box; if no permanent or
 1706  temporary address, any transient residence within the state;
 1707  address, location or description, and dates of any known future
 1708  temporary residence within the state or out of state; date and
 1709  county of disposition and each crime for which there was a
 1710  disposition; a copy of the offender’s fingerprints, palm prints,
 1711  and a digitized photograph taken within 60 days before release;
 1712  the date of release of the sexual offender; all home telephone
 1713  numbers and cellular telephone numbers required to be provided
 1714  pursuant to s. 943.0435(4)(e); all electronic mail addresses and
 1715  Internet identifiers required to be provided pursuant to s.
 1716  943.0435(4)(e); information about any professional licenses the
 1717  offender has, if known; and passport information, if he or she
 1718  has a passport, and, if he or she is an alien, information about
 1719  documents establishing his or her immigration status. The
 1720  department shall notify the Department of Law Enforcement if the
 1721  sexual offender escapes, absconds, or dies. If the sexual
 1722  offender is in the custody of a private correctional facility,
 1723  the facility shall take the digitized photograph of the sexual
 1724  offender within 60 days before the sexual offender’s release and
 1725  also place it in the sexual offender’s file. If the sexual
 1726  offender is in the custody of a local jail, the custodian of the
 1727  local jail shall register the offender within 3 business days
 1728  after intake of the offender for any reason and upon release,
 1729  and shall notify the Department of Law Enforcement of the sexual
 1730  offender’s release and provide to the Department of Law
 1731  Enforcement the information specified in this subparagraph and
 1732  any information specified in subparagraph 2. which the
 1733  Department of Law Enforcement requests.
 1734         2. The department may provide any other information
 1735  considered necessary, including criminal and delinquency
 1736  records, when available.
 1737         Section 8. Subsections (1), (4), and (13) of section
 1738  985.4815, Florida Statutes, are amended, and paragraph (c) of
 1739  subsection (10) is republished, to read:
 1740         985.4815 Notification to Department of Law Enforcement of
 1741  information on juvenile sexual offenders.—
 1742         (1) As used in this section, the term:
 1743         (a) “Change in enrollment or employment status at an
 1744  institution of higher educationhas the same meaning as
 1745  provided in s. 775.21 means the commencement or termination of
 1746  enrollment or employment or a change in location of enrollment
 1747  or employment.
 1748         (b) “Conviction” has the same meaning as provided in s.
 1749  943.0435.
 1750         (c) “Electronic mail address” has the same meaning as
 1751  provided in s. 668.602.
 1752         (d)(c) “Institution of higher education” has the same
 1753  meaning as provided in s. 775.21 means a career center,
 1754  community college, college, state university, or independent
 1755  postsecondary institution.
 1756         (e)(d) “Internet identifier” has the same meaning as
 1757  provided in s. 775.21.
 1758         (f) “Permanent residence,” “temporary residence,” and
 1759  “transient residence” have the same meaning as provided in s.
 1760  775.21.
 1761         (g) “Professional license” has the same meaning as provided
 1762  in s. 775.21.
 1763         (h)(e) “Sexual offender” means a person who is in the care
 1764  or custody or under the jurisdiction or supervision of the
 1765  department or is in the custody of a private correctional
 1766  facility and who:
 1767         1. Has been adjudicated delinquent as provided in s.
 1768  943.0435(1)(h)1.d. s. 943.0435(1)(a)1.d.; or
 1769         2. Establishes or maintains a residence in this state and
 1770  has not been designated as a sexual predator by a court of this
 1771  state but has been designated as a sexual predator, as a
 1772  sexually violent predator, or by another sexual offender
 1773  designation in another state or jurisdiction and was, as a
 1774  result of such designation, subjected to registration or
 1775  community or public notification, or both, or would be if the
 1776  person were a resident of that state or jurisdiction, without
 1777  regard to whether the person otherwise meets the criteria for
 1778  registration as a sexual offender.
 1779         (i)(f) “Vehicles owned” has the same meaning as provided in
 1780  s. 775.21.
 1781         (4) A sexual offender, as described in this section, who is
 1782  under the supervision of the department but who is not committed
 1783  shall register with the department within 3 business days after
 1784  adjudication and disposition for a registrable offense and
 1785  otherwise provide information as required by this subsection.
 1786         (a) The sexual offender shall provide his or her name; date
 1787  of birth; social security number; race; sex; height; weight;
 1788  hair and eye color; tattoos or other identifying marks; the
 1789  make, model, color, vehicle identification number (VIN), and
 1790  license tag number of all vehicles owned; permanent or legal
 1791  residence and address of temporary residence within the state or
 1792  out of state while the sexual offender is in the care or custody
 1793  or under the jurisdiction or supervision of the department in
 1794  this state, including any rural route address or post office
 1795  box; if no permanent or temporary address, any transient
 1796  residence; address, location or description, and dates of any
 1797  current or known future temporary residence within the state or
 1798  out of state; all home telephone numbers and cellular telephone
 1799  numbers required to be provided pursuant to s. 943.0435(4)(e);
 1800  all electronic mail addresses and Internet identifiers required
 1801  to be provided pursuant to s. 943.0435(4)(e); and the name and
 1802  address of each school attended. The sexual offender shall also
 1803  produce his or her passport, if he or she has a passport, and,
 1804  if he or she is an alien, shall produce or provide information
 1805  about documents establishing his or her immigration status. The
 1806  offender shall also provide information about any professional
 1807  licenses he or she has. The department shall verify the address
 1808  of each sexual offender and shall report to the Department of
 1809  Law Enforcement any failure by a sexual offender to comply with
 1810  registration requirements.
 1811         (b) If the sexual offender is enrolled or, employed,
 1812  whether for compensation or as a volunteer volunteering, or
 1813  carrying on a vocation at an institution of higher education in
 1814  this state, the sexual offender shall provide the name, address,
 1815  and county of each institution, including each campus attended,
 1816  and the sexual offender’s enrollment, volunteer, or employment
 1817  status. Each change in enrollment, volunteer, or employment
 1818  status at an institution of higher education must be reported to
 1819  the department within 48 hours after the change in status at an
 1820  institution of higher education. The department shall promptly
 1821  notify each institution of the sexual offender’s presence and
 1822  any change in the sexual offender’s enrollment, volunteer, or
 1823  employment status.
 1824         (c) A sexual offender shall report in person to the
 1825  sheriff’s office within 48 hours after any change in vehicles
 1826  owned to report those vehicle information changes.
 1827         (10)
 1828         (c) An arrest on charges of failure to register when the
 1829  offender has been provided and advised of his or her statutory
 1830  obligations to register under s. 943.0435(2), the service of an
 1831  information or a complaint for a violation of this section, or
 1832  an arraignment on charges for a violation of this section
 1833  constitutes actual notice of the duty to register. A sexual
 1834  offender’s failure to immediately register as required by this
 1835  section following such arrest, service, or arraignment
 1836  constitutes grounds for a subsequent charge of failure to
 1837  register. A sexual offender charged with the crime of failure to
 1838  register who asserts, or intends to assert, a lack of notice of
 1839  the duty to register as a defense to a charge of failure to
 1840  register shall immediately register as required by this section.
 1841  A sexual offender who is charged with a subsequent failure to
 1842  register may not assert the defense of a lack of notice of the
 1843  duty to register.
 1844         (13)(a) A sexual offender must report in person each year
 1845  during the month of the sexual offender’s birthday and during
 1846  every third month thereafter to the sheriff’s office in the
 1847  county in which he or she resides or is otherwise located to
 1848  reregister.
 1849         (b) The sheriff’s office may determine the appropriate
 1850  times and days for reporting by the sexual offender, which must
 1851  be consistent with the reporting requirements of this
 1852  subsection. Reregistration must include any changes to the
 1853  following information:
 1854         1. Name; social security number; age; race; sex; date of
 1855  birth; height; weight; hair and eye color; tattoos or other
 1856  identifying marks; fingerprints; palm prints; address of any
 1857  permanent residence and address of any current temporary
 1858  residence, within the state or out of state, including a rural
 1859  route address and a post office box; if no permanent or
 1860  temporary address, any transient residence; address, location or
 1861  description, and dates of any current or known future temporary
 1862  residence within the state or out of state; passport
 1863  information, if he or she has a passport, and, if he or she is
 1864  an alien, information about documents establishing his or her
 1865  immigration status; all home telephone numbers and cellular
 1866  telephone numbers required to be provided pursuant to s.
 1867  943.0435(4)(e); all electronic mail addresses and Internet
 1868  identifiers required to be provided pursuant to s.
 1869  943.0435(4)(e); name and address of each school attended; date
 1870  and place of any employment information required to be provided
 1871  pursuant to s. 943.0435(4)(e); the make, model, color, vehicle
 1872  identification number (VIN), and license tag number of all
 1873  vehicles owned; and photograph. A post office box may not be
 1874  provided in lieu of a physical residential address. The offender
 1875  shall also provide information about any professional licenses
 1876  he or she has.
 1877         2. If the sexual offender is enrolled or, employed, whether
 1878  for compensation or as a volunteer volunteering, or carrying on
 1879  a vocation at an institution of higher education in this state,
 1880  the sexual offender shall also provide to the department the
 1881  name, address, and county of each institution, including each
 1882  campus attended, and the sexual offender’s enrollment,
 1883  volunteer, or employment status.
 1884         3. If the sexual offender’s place of residence is a motor
 1885  vehicle, trailer, mobile home, or manufactured home, as defined
 1886  in chapter 320, the sexual offender shall also provide the
 1887  vehicle identification number; the license tag number; the
 1888  registration number; and a description, including color scheme,
 1889  of the motor vehicle, trailer, mobile home, or manufactured
 1890  home. If the sexual offender’s place of residence is a vessel,
 1891  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1892  sexual offender shall also provide the hull identification
 1893  number; the manufacturer’s serial number; the name of the
 1894  vessel, live-aboard vessel, or houseboat; the registration
 1895  number; and a description, including color scheme, of the
 1896  vessel, live-aboard vessel, or houseboat.
 1897         4. Any sexual offender who fails to report in person as
 1898  required at the sheriff’s office, who fails to respond to any
 1899  address verification correspondence from the department within 3
 1900  weeks after the date of the correspondence, or who knowingly
 1901  provides false registration information by act or omission
 1902  commits a felony of the third degree, punishable as provided in
 1903  ss. 775.082, 775.083, and 775.084.
 1904         (c) The sheriff’s office shall, within 2 working days,
 1905  electronically submit and update all information provided by the
 1906  sexual offender to the Department of Law Enforcement in a manner
 1907  prescribed by that department.
 1908         Section 9. Paragraph (b) of subsection (1) of section
 1909  92.55, Florida Statutes, is amended to read:
 1910         92.55 Judicial or other proceedings involving victim or
 1911  witness under the age of 16, a person who has an intellectual
 1912  disability, or a sexual offense victim or witness; special
 1913  protections; use of registered service or therapy animals.—
 1914         (1) For purposes of this section, the term:
 1915         (b) “Sexual offense” means any offense specified in s.
 1916  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I) s.
 1917  943.0435(1)(a)1.a.(I).
 1918         Section 10. Subsection (2) of section 775.0862, Florida
 1919  Statutes, is amended to read:
 1920         775.0862 Sexual offenses against students by authority
 1921  figures; reclassification.—
 1922         (2) The felony degree of a violation of an offense listed
 1923  in s. 943.0435(1)(h)1.a. s. 943.0435(1)(a)1.a., unless the
 1924  offense is a violation of s. 794.011(4)(e)7. or s.
 1925  810.145(8)(a)2., shall be reclassified as provided in this
 1926  section if the offense is committed by an authority figure of a
 1927  school against a student of the school.
 1928         Section 11. Subsection (3) of section 943.0515, Florida
 1929  Statutes, is amended to read:
 1930         943.0515 Retention of criminal history records of minors.—
 1931         (3) Notwithstanding any other provision of this section,
 1932  the Criminal Justice Information Program shall retain the
 1933  criminal history record of a minor adjudicated delinquent for a
 1934  violation committed on or after July 1, 2007, as provided in s.
 1935  943.0435(1)(h)1.d. s. 943.0435(1)(a)1.d. Such records may not be
 1936  destroyed and must be merged with the person’s adult criminal
 1937  history record and retained as a part of the person’s adult
 1938  record.
 1939         Section 12. Subsection (12) of section 947.1405, Florida
 1940  Statutes, is amended to read:
 1941         947.1405 Conditional release program.—
 1942         (12) In addition to all other conditions imposed, for a
 1943  releasee who is subject to conditional release for a crime that
 1944  was committed on or after May 26, 2010, and who has been
 1945  convicted at any time of committing, or attempting, soliciting,
 1946  or conspiring to commit, any of the criminal offenses listed in
 1947  s. 943.0435(1)(h)1.a.(I) s. 943.0435(1)(a)1.a.(I), or a similar
 1948  offense in another jurisdiction against a victim who was under
 1949  18 years of age at the time of the offense, if the releasee has
 1950  not received a pardon for any felony or similar law of another
 1951  jurisdiction necessary for the operation of this subsection, if
 1952  a conviction of a felony or similar law of another jurisdiction
 1953  necessary for the operation of this subsection has not been set
 1954  aside in any postconviction proceeding, or if the releasee has
 1955  not been removed from the requirement to register as a sexual
 1956  offender or sexual predator pursuant to s. 943.04354, the
 1957  commission must impose the following conditions:
 1958         (a) A prohibition on visiting schools, child care
 1959  facilities, parks, and playgrounds without prior approval from
 1960  the releasee’s supervising officer. The commission may also
 1961  designate additional prohibited locations to protect a victim.
 1962  The prohibition ordered under this paragraph does not prohibit
 1963  the releasee from visiting a school, child care facility, park,
 1964  or playground for the sole purpose of attending a religious
 1965  service as defined in s. 775.0861 or picking up or dropping off
 1966  the releasee’s child or grandchild at a child care facility or
 1967  school.
 1968         (b) A prohibition on distributing candy or other items to
 1969  children on Halloween; wearing a Santa Claus costume, or other
 1970  costume to appeal to children, on or preceding Christmas;
 1971  wearing an Easter Bunny costume, or other costume to appeal to
 1972  children, on or preceding Easter; entertaining at children’s
 1973  parties; or wearing a clown costume without prior approval from
 1974  the commission.
 1975         Section 13. Subsection (4) of section 948.30, Florida
 1976  Statutes, is amended to read:
 1977         948.30 Additional terms and conditions of probation or
 1978  community control for certain sex offenses.—Conditions imposed
 1979  pursuant to this section do not require oral pronouncement at
 1980  the time of sentencing and shall be considered standard
 1981  conditions of probation or community control for offenders
 1982  specified in this section.
 1983         (4) In addition to all other conditions imposed, for a
 1984  probationer or community controllee who is subject to
 1985  supervision for a crime that was committed on or after May 26,
 1986  2010, and who has been convicted at any time of committing, or
 1987  attempting, soliciting, or conspiring to commit, any of the
 1988  criminal offenses listed in s. 943.0435(1)(h)1.a.(I) s.
 1989  943.0435(1)(a)1.a.(I), or a similar offense in another
 1990  jurisdiction, against a victim who was under the age of 18 at
 1991  the time of the offense; if the offender has not received a
 1992  pardon for any felony or similar law of another jurisdiction
 1993  necessary for the operation of this subsection, if a conviction
 1994  of a felony or similar law of another jurisdiction necessary for
 1995  the operation of this subsection has not been set aside in any
 1996  postconviction proceeding, or if the offender has not been
 1997  removed from the requirement to register as a sexual offender or
 1998  sexual predator pursuant to s. 943.04354, the court must impose
 1999  the following conditions:
 2000         (a) A prohibition on visiting schools, child care
 2001  facilities, parks, and playgrounds, without prior approval from
 2002  the offender’s supervising officer. The court may also designate
 2003  additional locations to protect a victim. The prohibition
 2004  ordered under this paragraph does not prohibit the offender from
 2005  visiting a school, child care facility, park, or playground for
 2006  the sole purpose of attending a religious service as defined in
 2007  s. 775.0861 or picking up or dropping off the offender’s
 2008  children or grandchildren at a child care facility or school.
 2009         (b) A prohibition on distributing candy or other items to
 2010  children on Halloween; wearing a Santa Claus costume, or other
 2011  costume to appeal to children, on or preceding Christmas;
 2012  wearing an Easter Bunny costume, or other costume to appeal to
 2013  children, on or preceding Easter; entertaining at children’s
 2014  parties; or wearing a clown costume; without prior approval from
 2015  the court.
 2016         Section 14. Section 948.31, Florida Statutes, is amended to
 2017  read:
 2018         948.31 Evaluation and treatment of sexual predators and
 2019  offenders on probation or community control.—The court may
 2020  require any probationer or community controllee who is required
 2021  to register as a sexual predator under s. 775.21 or sexual
 2022  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 2023  an evaluation, at the probationer or community controllee’s
 2024  expense, by a qualified practitioner to determine whether such
 2025  probationer or community controllee needs sexual offender
 2026  treatment. If the qualified practitioner determines that sexual
 2027  offender treatment is needed and recommends treatment, the
 2028  probationer or community controllee must successfully complete
 2029  and pay for the treatment. Such treatment must be obtained from
 2030  a qualified practitioner as defined in s. 948.001. Treatment may
 2031  not be administered by a qualified practitioner who has been
 2032  convicted or adjudicated delinquent of committing, or
 2033  attempting, soliciting, or conspiring to commit, any offense
 2034  that is listed in s. 943.0435(1)(h)1.a.(I) s.
 2035  943.0435(1)(a)1.a.(I).
 2036         Section 15. Subsection (4) of section 1012.315, Florida
 2037  Statutes, is amended to read:
 2038         1012.315 Disqualification from employment.—A person is
 2039  ineligible for educator certification, and instructional
 2040  personnel and school administrators, as defined in s. 1012.01,
 2041  are ineligible for employment in any position that requires
 2042  direct contact with students in a district school system,
 2043  charter school, or private school that accepts scholarship
 2044  students under s. 1002.39 or s. 1002.395, if the person,
 2045  instructional personnel, or school administrator has been
 2046  convicted of:
 2047         (4) Any delinquent act committed in this state or any
 2048  delinquent or criminal act committed in another state or under
 2049  federal law which, if committed in this state, qualifies an
 2050  individual for inclusion on the Registered Juvenile Sex Offender
 2051  List under s. 943.0435(1)(h)1.d. s. 943.0435(1)(a)1.d.
 2052         Section 16. Paragraph (g) of subsection (2) of section
 2053  1012.467, Florida Statutes, is amended to read:
 2054         1012.467 Noninstructional contractors who are permitted
 2055  access to school grounds when students are present; background
 2056  screening requirements.—
 2057         (2)
 2058         (g) A noninstructional contractor for whom a criminal
 2059  history check is required under this section may not have been
 2060  convicted of any of the following offenses designated in the
 2061  Florida Statutes, any similar offense in another jurisdiction,
 2062  or any similar offense committed in this state which has been
 2063  redesignated from a former provision of the Florida Statutes to
 2064  one of the following offenses:
 2065         1. Any offense listed in s. 943.0435(1)(h)1. s.
 2066  943.0435(1)(a)1., relating to the registration of an individual
 2067  as a sexual offender.
 2068         2. Section 393.135, relating to sexual misconduct with
 2069  certain developmentally disabled clients and the reporting of
 2070  such sexual misconduct.
 2071         3. Section 394.4593, relating to sexual misconduct with
 2072  certain mental health patients and the reporting of such sexual
 2073  misconduct.
 2074         4. Section 775.30, relating to terrorism.
 2075         5. Section 782.04, relating to murder.
 2076         6. Section 787.01, relating to kidnapping.
 2077         7. Any offense under chapter 800, relating to lewdness and
 2078  indecent exposure.
 2079         8. Section 826.04, relating to incest.
 2080         9. Section 827.03, relating to child abuse, aggravated
 2081  child abuse, or neglect of a child.
 2082         Section 17. For the purpose of incorporating the amendment
 2083  made by this act to section 775.21, Florida Statutes, in a
 2084  reference thereto, section 938.085, Florida Statutes, is
 2085  reenacted to read:
 2086         938.085 Additional cost to fund rape crisis centers.—In
 2087  addition to any sanction imposed when a person pleads guilty or
 2088  nolo contendere to, or is found guilty of, regardless of
 2089  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 2090  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 2091  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 2092  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 2093  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 2094  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 2095  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 2096  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 2097  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 2098  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 2099  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 2100  $151. Payment of the surcharge shall be a condition of
 2101  probation, community control, or any other court-ordered
 2102  supervision. The sum of $150 of the surcharge shall be deposited
 2103  into the Rape Crisis Program Trust Fund established within the
 2104  Department of Health by chapter 2003-140, Laws of Florida. The
 2105  clerk of the court shall retain $1 of each surcharge that the
 2106  clerk of the court collects as a service charge of the clerk’s
 2107  office.
 2108         Section 18. For the purpose of incorporating the amendments
 2109  made by this act to sections 775.21 and 943.0435, Florida
 2110  Statutes, in references thereto, subsection (1) of section
 2111  794.056, Florida Statutes, is reenacted to read:
 2112         794.056 Rape Crisis Program Trust Fund.—
 2113         (1) The Rape Crisis Program Trust Fund is created within
 2114  the Department of Health for the purpose of providing funds for
 2115  rape crisis centers in this state. Trust fund moneys shall be
 2116  used exclusively for the purpose of providing services for
 2117  victims of sexual assault. Funds credited to the trust fund
 2118  consist of those funds collected as an additional court
 2119  assessment in each case in which a defendant pleads guilty or
 2120  nolo contendere to, or is found guilty of, regardless of
 2121  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 2122  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 2123  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 2124  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 2125  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 2126  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 2127  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 2128  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 2129  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 2130  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 2131  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 2132  fund also shall include revenues provided by law, moneys
 2133  appropriated by the Legislature, and grants from public or
 2134  private entities.
 2135         Section 19. For the purpose of incorporating the amendments
 2136  made by this act to sections 775.21, 943.0435, 944.607, and
 2137  985.4815, Florida Statutes, in references thereto, paragraph (g)
 2138  of subsection (3) of section 921.0022, Florida Statutes, is
 2139  reenacted to read:
 2140         921.0022 Criminal Punishment Code; offense severity ranking
 2141  chart.—
 2142         (3) OFFENSE SEVERITY RANKING CHART
 2143         (g) LEVEL 7
 2144  
 2145  FloridaStatute           FelonyDegree         Description         
 2146  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 2147  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 2148  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.
 2149  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 2150  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2151  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 2152  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 2153  456.065(2)                    3rd     Practicing a health care profession without a license.
 2154  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 2155  458.327(1)                    3rd     Practicing medicine without a license.
 2156  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 2157  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 2158  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 2159  462.17                        3rd     Practicing naturopathy without a license.
 2160  463.015(1)                    3rd     Practicing optometry without a license.
 2161  464.016(1)                    3rd     Practicing nursing without a license.
 2162  465.015(2)                    3rd     Practicing pharmacy without a license.
 2163  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 2164  467.201                       3rd     Practicing midwifery without a license.
 2165  468.366                       3rd     Delivering respiratory care services without a license.
 2166  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 2167  483.901(9)                    3rd     Practicing medical physics without a license.
 2168  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 2169  484.053                       3rd     Dispensing hearing aids without a license.
 2170  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 2171  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.
 2172  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2173  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2174  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 2175  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 2176  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2177  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2178  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2179  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2180  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2181  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2182  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 2183  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 2184  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 2185  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 2186  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 2187  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 2188  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 2189  784.081(1)                    1st     Aggravated battery on specified official or employee.
 2190  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 2191  784.083(1)                    1st     Aggravated battery on code inspector.
 2192  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 2193  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 2194  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2195  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 2196  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 2197  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2198  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2199  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2200  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2201  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.
 2202  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 2203  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 2204  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 2205  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 2206  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 2207  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 2208  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 2209  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2210  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 2211  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 2212  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.
 2213  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2214  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 2215  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 2216  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 2217  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2218  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 2219  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 2220  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 2221  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 2222  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 2223  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 2224  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.
 2225  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 2226  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2227  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 2228  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 2229  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 2230  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 2231  838.015                       2nd     Bribery.                    
 2232  838.016                       2nd     Unlawful compensation or reward for official behavior.
 2233  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 2234  838.22                        2nd     Bid tampering.              
 2235  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 2236  843.0855(3)                   3rd     Unlawful simulation of legal process.
 2237  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 2238  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2239  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 2240  872.06                        2nd     Abuse of a dead human body. 
 2241  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 2242  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2243  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.
 2244  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.
 2245  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).
 2246  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 2247  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2248  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 2249  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 2250  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 2251  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 2252  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 2253  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 2254  893.135(1)(e)1.           1st  Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 2255  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 2256  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2257  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2258  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2259  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2260  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 2261  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 2262  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2263  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2264  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2265  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 2266  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2267  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2268  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 2269  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2270  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2271  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2272  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2273  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2274  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2275         Section 20. For the purpose of incorporating the amendments
 2276  made by this act to sections 775.21, 943.0435, 944.606, 944.607,
 2277  985.481, and 985.4815, Florida Statutes, in references thereto,
 2278  paragraph (b) of subsection (6) of section 985.04, Florida
 2279  Statutes, is reenacted to read:
 2280         985.04 Oaths; records; confidential information.—
 2281         (6)
 2282         (b) Sexual offender and predator registration information
 2283  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 2284  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 2285  otherwise provided by law.
 2286         Section 21. For the purpose of incorporating the amendments
 2287  made by this act to sections 775.21, 943.0435, and 944.607,
 2288  Florida Statutes, in references thereto, subsections (3) and (4)
 2289  of section 322.141, Florida Statutes, are reenacted to read:
 2290         322.141 Color or markings of certain licenses or
 2291  identification cards.—
 2292         (3) All licenses for the operation of motor vehicles or
 2293  identification cards originally issued or reissued by the
 2294  department to persons who are designated as sexual predators
 2295  under s. 775.21 or subject to registration as sexual offenders
 2296  under s. 943.0435 or s. 944.607, or who have a similar
 2297  designation or are subject to a similar registration under the
 2298  laws of another jurisdiction, shall have on the front of the
 2299  license or identification card the following:
 2300         (a) For a person designated as a sexual predator under s.
 2301  775.21 or who has a similar designation under the laws of
 2302  another jurisdiction, the marking “SEXUAL PREDATOR.”
 2303         (b) For a person subject to registration as a sexual
 2304  offender under s. 943.0435 or s. 944.607, or subject to a
 2305  similar registration under the laws of another jurisdiction, the
 2306  marking “943.0435, F.S.”
 2307         (4) Unless previously secured or updated, each sexual
 2308  offender and sexual predator shall report to the department
 2309  during the month of his or her reregistration as required under
 2310  s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in order to
 2311  obtain an updated or renewed driver license or identification
 2312  card as required by subsection (3).
 2313         Section 22. For the purpose of incorporating the amendments
 2314  made by this act to sections 775.21, 943.0435, and 944.607,
 2315  Florida Statutes, in references thereto, subsection (4) of
 2316  section 948.06, Florida Statutes, is reenacted to read:
 2317         948.06 Violation of probation or community control;
 2318  revocation; modification; continuance; failure to pay
 2319  restitution or cost of supervision.—
 2320         (4) Notwithstanding any other provision of this section, a
 2321  felony probationer or an offender in community control who is
 2322  arrested for violating his or her probation or community control
 2323  in a material respect may be taken before the court in the
 2324  county or circuit in which the probationer or offender was
 2325  arrested. That court shall advise him or her of the charge of a
 2326  violation and, if such charge is admitted, shall cause him or
 2327  her to be brought before the court that granted the probation or
 2328  community control. If the violation is not admitted by the
 2329  probationer or offender, the court may commit him or her or
 2330  release him or her with or without bail to await further
 2331  hearing. However, if the probationer or offender is under
 2332  supervision for any criminal offense proscribed in chapter 794,
 2333  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
 2334  registered sexual predator or a registered sexual offender, or
 2335  is under supervision for a criminal offense for which he or she
 2336  would meet the registration criteria in s. 775.21, s. 943.0435,
 2337  or s. 944.607 but for the effective date of those sections, the
 2338  court must make a finding that the probationer or offender is
 2339  not a danger to the public prior to release with or without
 2340  bail. In determining the danger posed by the offender’s or
 2341  probationer’s release, the court may consider the nature and
 2342  circumstances of the violation and any new offenses charged; the
 2343  offender’s or probationer’s past and present conduct, including
 2344  convictions of crimes; any record of arrests without conviction
 2345  for crimes involving violence or sexual crimes; any other
 2346  evidence of allegations of unlawful sexual conduct or the use of
 2347  violence by the offender or probationer; the offender’s or
 2348  probationer’s family ties, length of residence in the community,
 2349  employment history, and mental condition; his or her history and
 2350  conduct during the probation or community control supervision
 2351  from which the violation arises and any other previous
 2352  supervisions, including disciplinary records of previous
 2353  incarcerations; the likelihood that the offender or probationer
 2354  will engage again in a criminal course of conduct; the weight of
 2355  the evidence against the offender or probationer; and any other
 2356  facts the court considers relevant. The court, as soon as is
 2357  practicable, shall give the probationer or offender an
 2358  opportunity to be fully heard on his or her behalf in person or
 2359  by counsel. After the hearing, the court shall make findings of
 2360  fact and forward the findings to the court that granted the
 2361  probation or community control and to the probationer or
 2362  offender or his or her attorney. The findings of fact by the
 2363  hearing court are binding on the court that granted the
 2364  probation or community control. Upon the probationer or offender
 2365  being brought before it, the court that granted the probation or
 2366  community control may revoke, modify, or continue the probation
 2367  or community control or may place the probationer into community
 2368  control as provided in this section. However, the probationer or
 2369  offender shall not be released and shall not be admitted to
 2370  bail, but shall be brought before the court that granted the
 2371  probation or community control if any violation of felony
 2372  probation or community control other than a failure to pay costs
 2373  or fines or make restitution payments is alleged to have been
 2374  committed by:
 2375         (a) A violent felony offender of special concern, as
 2376  defined in this section;
 2377         (b) A person who is on felony probation or community
 2378  control for any offense committed on or after the effective date
 2379  of this act and who is arrested for a qualifying offense as
 2380  defined in this section; or
 2381         (c) A person who is on felony probation or community
 2382  control and has previously been found by a court to be a
 2383  habitual violent felony offender as defined in s. 775.084(1)(b),
 2384  a three-time violent felony offender as defined in s.
 2385  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 2386  arrested for committing a qualifying offense as defined in this
 2387  section on or after the effective date of this act.
 2388         Section 23. For the purpose of incorporating the amendments
 2389  made by this act to sections 775.21, 943.0435, and 944.607,
 2390  Florida Statutes, in references thereto, section 948.063,
 2391  Florida Statutes, is reenacted to read:
 2392         948.063 Violations of probation or community control by
 2393  designated sexual offenders and sexual predators.—
 2394         (1) If probation or community control for any felony
 2395  offense is revoked by the court pursuant to s. 948.06(2)(e) and
 2396  the offender is designated as a sexual offender pursuant to s.
 2397  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
 2398  775.21 for unlawful sexual activity involving a victim 15 years
 2399  of age or younger and the offender is 18 years of age or older,
 2400  and if the court imposes a subsequent term of supervision
 2401  following the revocation of probation or community control, the
 2402  court must order electronic monitoring as a condition of the
 2403  subsequent term of probation or community control.
 2404         (2) If the probationer or offender is required to register
 2405  as a sexual predator under s. 775.21 or as a sexual offender
 2406  under s. 943.0435 or s. 944.607 for unlawful sexual activity
 2407  involving a victim 15 years of age or younger and the
 2408  probationer or offender is 18 years of age or older and has
 2409  violated the conditions of his or her probation or community
 2410  control, but the court does not revoke the probation or
 2411  community control, the court shall nevertheless modify the
 2412  probation or community control to include electronic monitoring
 2413  for any probationer or offender not then subject to electronic
 2414  monitoring.
 2415         Section 24. For the purpose of incorporating the amendment
 2416  made by this act to section 943.0435, Florida Statutes, in a
 2417  reference thereto, paragraph (c) of subsection (10) of section
 2418  944.607, Florida Statutes, is reenacted to read:
 2419         944.607 Notification to Department of Law Enforcement of
 2420  information on sexual offenders.—
 2421         (10)
 2422         (c) An arrest on charges of failure to register when the
 2423  offender has been provided and advised of his or her statutory
 2424  obligations to register under s. 943.0435(2), the service of an
 2425  information or a complaint for a violation of this section, or
 2426  an arraignment on charges for a violation of this section
 2427  constitutes actual notice of the duty to register. A sexual
 2428  offender’s failure to immediately register as required by this
 2429  section following such arrest, service, or arraignment
 2430  constitutes grounds for a subsequent charge of failure to
 2431  register. A sexual offender charged with the crime of failure to
 2432  register who asserts, or intends to assert, a lack of notice of
 2433  the duty to register as a defense to a charge of failure to
 2434  register shall immediately register as required by this section.
 2435  A sexual offender who is charged with a subsequent failure to
 2436  register may not assert the defense of a lack of notice of the
 2437  duty to register.
 2438         Section 25. For the purpose of incorporating the amendment
 2439  made by this act to section 943.04354, Florida Statutes, in a
 2440  reference thereto, subsection (2) of section 397.4872, Florida
 2441  Statutes, is reenacted to read:
 2442         397.4872 Exemption from disqualification; publication.—
 2443         (2) The department may exempt a person from ss. 397.487(6)
 2444  and 397.4871(5) if it has been at least 3 years since the person
 2445  has completed or been lawfully released from confinement,
 2446  supervision, or sanction for the disqualifying offense. An
 2447  exemption from the disqualifying offenses may not be given under
 2448  any circumstances for any person who is a:
 2449         (a) Sexual predator pursuant to s. 775.21;
 2450         (b) Career offender pursuant to s. 775.261; or
 2451         (c) Sexual offender pursuant to s. 943.0435, unless the
 2452  requirement to register as a sexual offender has been removed
 2453  pursuant to s. 943.04354.
 2454         Section 26. For the purpose of incorporating the amendment
 2455  made by this act to section 943.04354, Florida Statutes, in a
 2456  reference thereto, paragraph (b) of subsection (4) of section
 2457  435.07, Florida Statutes, is reenacted to read:
 2458         435.07 Exemptions from disqualification.—Unless otherwise
 2459  provided by law, the provisions of this section apply to
 2460  exemptions from disqualification for disqualifying offenses
 2461  revealed pursuant to background screenings required under this
 2462  chapter, regardless of whether those disqualifying offenses are
 2463  listed in this chapter or other laws.
 2464         (4)
 2465         (b) Disqualification from employment under this chapter may
 2466  not be removed from, nor may an exemption be granted to, any
 2467  person who is a:
 2468         1. Sexual predator as designated pursuant to s. 775.21;
 2469         2. Career offender pursuant to s. 775.261; or
 2470         3. Sexual offender pursuant to s. 943.0435, unless the
 2471  requirement to register as a sexual offender has been removed
 2472  pursuant to s. 943.04354.
 2473         Section 27. For the purpose of incorporating the amendments
 2474  made by this act to sections 944.606 and 944.607, Florida
 2475  Statutes, in references thereto, section 775.25, Florida
 2476  Statutes, is reenacted to read:
 2477         775.25 Prosecutions for acts or omissions.—A sexual
 2478  predator or sexual offender who commits any act or omission in
 2479  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 2480  944.607, or former s. 947.177 may be prosecuted for the act or
 2481  omission in the county in which the act or omission was
 2482  committed, in the county of the last registered address of the
 2483  sexual predator or sexual offender, in the county in which the
 2484  conviction occurred for the offense or offenses that meet the
 2485  criteria for designating a person as a sexual predator or sexual
 2486  offender, in the county where the sexual predator or sexual
 2487  offender was released from incarceration, or in the county of
 2488  the intended address of the sexual predator or sexual offender
 2489  as reported by the predator or offender prior to his or her
 2490  release from incarceration. In addition, a sexual predator may
 2491  be prosecuted for any such act or omission in the county in
 2492  which he or she was designated a sexual predator.
 2493         Section 28. For the purpose of incorporating the amendment
 2494  made by this act to section 944.607, Florida Statutes, in a
 2495  reference thereto, subsection (2) of section 775.24, Florida
 2496  Statutes, is reenacted to read:
 2497         775.24 Duty of the court to uphold laws governing sexual
 2498  predators and sexual offenders.—
 2499         (2) If a person meets the criteria in this chapter for
 2500  designation as a sexual predator or meets the criteria in s.
 2501  943.0435, s. 944.606, s. 944.607, or any other law for
 2502  classification as a sexual offender, the court may not enter an
 2503  order, for the purpose of approving a plea agreement or for any
 2504  other reason, which:
 2505         (a) Exempts a person who meets the criteria for designation
 2506  as a sexual predator or classification as a sexual offender from
 2507  such designation or classification, or exempts such person from
 2508  the requirements for registration or community and public
 2509  notification imposed upon sexual predators and sexual offenders;
 2510         (b) Restricts the compiling, reporting, or release of
 2511  public records information that relates to sexual predators or
 2512  sexual offenders; or
 2513         (c) Prevents any person or entity from performing its
 2514  duties or operating within its statutorily conferred authority
 2515  as such duty or authority relates to sexual predators or sexual
 2516  offenders.
 2517         Section 29. For the purpose of incorporating the amendment
 2518  made by this act to section 944.607, Florida Statutes, in a
 2519  reference thereto, subsection (7) of section 944.608, Florida
 2520  Statutes, is reenacted to read:
 2521         944.608 Notification to Department of Law Enforcement of
 2522  information on career offenders.—
 2523         (7) A career offender who is under the supervision of the
 2524  department but who is not incarcerated shall, in addition to the
 2525  registration requirements provided in subsection (3), register
 2526  in the manner provided in s. 775.261(4)(c), unless the career
 2527  offender is a sexual predator, in which case he or she shall
 2528  register as required under s. 775.21, or is a sexual offender,
 2529  in which case he or she shall register as required in s.
 2530  944.607. A career offender who fails to comply with the
 2531  requirements of s. 775.261(4) is subject to the penalties
 2532  provided in s. 775.261(8).
 2533         Section 30. This act shall take effect October 1, 2016.