CS for SB 1662                                   First Engrossed
       
       
       
       
       
       
       
       
       20161662e1
       
    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         making technical changes; amending s. 943.0435, F.S.;
   18         revising definitions; revising the reporting and
   19         registering requirements imposed upon a sexual
   20         offender to conform provisions to changes made by the
   21         act; deleting provisions of applicability; amending s.
   22         943.04354, F.S.; modifying the list of offenses for
   23         which a sexual offender or sexual predator must be
   24         considered by the department for removal from
   25         registration requirements; deleting from the list a
   26         conviction or adjudication of delinquency for sexual
   27         battery; specifying the appropriate venue for a
   28         defendant to move the circuit court to remove the
   29         requirement to register as a sexual offender or sexual
   30         predator; amending s. 944.606, F.S.; revising
   31         definitions; revising the information that the
   32         Department of Law Enforcement is required to provide
   33         about a sexual offender upon his or her release from
   34         incarceration; conforming provisions to changes made
   35         by the act; amending s. 944.607, F.S.; revising
   36         definitions; conforming provisions to changes made by
   37         the act; amending s. 985.481, F.S.; revising
   38         definitions; conforming provisions to changes made by
   39         the act; amending s. 985.4815, F.S.; revising
   40         definitions; revising the reporting and registering
   41         requirements imposed upon a sexual offender to conform
   42         provisions to changes made by the act; amending ss.
   43         92.55, 775.0862, 943.0515, 947.1405, 948.30, 948.31,
   44         1012.315, and 1012.467, F.S.; conforming cross
   45         references; reenacting s. 938.085, F.S., relating to
   46         additional costs to fund rape crisis centers, to
   47         incorporate the amendment made to s. 775.21, F.S., in
   48         a reference thereto; reenacting s. 794.056(1), F.S.,
   49         relating to the Rape Crisis Program Trust Fund, to
   50         incorporate the amendments made to ss. 775.21 and
   51         943.0435, F.S., in references thereto; reenacting s.
   52         921.0022(3)(g), F.S., relating to level 7 of the
   53         offense severity ranking chart of the Criminal
   54         Punishment Code, to incorporate the amendments made to
   55         ss. 775.21, 943.0435, 944.607, and 985.4815, F.S., in
   56         references thereto; reenacting s. 985.04(6)(b), F.S.,
   57         relating to confidential information, to incorporate
   58         the amendments made to ss. 775.21, 943.0435, 944.606,
   59         944.607, 985.481, and 985.4815, F.S., in references
   60         thereto; reenacting ss. 322.141(3) and (4), 948.06(4),
   61         and 948.063, F.S., relating to color or markings of
   62         certain licenses or identification cards, probation or
   63         community control, and violations of probation or
   64         community control by designated sexual offenders and
   65         sexual predators, respectively, to incorporate the
   66         amendments made to ss. 775.21, 943.0435, and 944.607,
   67         F.S., in references thereto; reenacting s.
   68         944.607(10)(c), F.S., relating to notification to the
   69         Department of Law Enforcement of information on sexual
   70         offenders, to incorporate the amendment made to s.
   71         943.0435, F.S., in a reference thereto; reenacting ss.
   72         397.4872(2) and 435.07(4)(b), F.S., relating to
   73         exemptions from disqualification, to incorporate the
   74         amendment made to s. 943.04354, F.S., in references
   75         thereto; reenacting s. 775.25, F.S., relating to
   76         prosecutions for acts or omissions, to incorporate the
   77         amendments made to ss. 944.606 and 944.607, F.S., in
   78         references thereto; reenacting ss. 775.24(2) and
   79         944.608(7), F.S., relating to duty of the court to
   80         uphold laws governing sexual predators and sexual
   81         offenders and notification to the Department of Law
   82         Enforcement of information on career offenders,
   83         respectively, to incorporate the amendment made to s.
   84         944.607, F.S., in references thereto; providing an
   85         effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. Subsection (2), paragraph (a) of subsection (4),
   90  paragraphs (a), (e), (f), (g), and (i) of subsection (6),
   91  paragraph (a) of subsection (8), and paragraphs (a) and (b) of
   92  subsection (10) of section 775.21, Florida Statutes, are
   93  amended, and paragraphs (c) and (d) of subsection (4),
   94  paragraphs (a) and (b) of subsection (5), and paragraphs (c) and
   95  (e) of subsection (10) of that section are republished, to read:
   96         775.21 The Florida Sexual Predators Act.—
   97         (2) DEFINITIONS.—As used in this section, the term:
   98         (a) “Change in enrollment or employment status at an
   99  institution of higher education” means the commencement or
  100  termination of enrollment, including, but not limited to,
  101  traditional classroom settings or online courses, or employment,
  102  whether for compensation or as a volunteer, at an institution of
  103  higher education or a change in location of enrollment or
  104  employment, whether for compensation or as a volunteer, at an
  105  institution of higher education.
  106         (b) “Chief of police” means the chief law enforcement
  107  officer of a municipality.
  108         (c) “Child care facility” has the same meaning as provided
  109  in s. 402.302.
  110         (d) “Community” means any county where the sexual predator
  111  lives or otherwise establishes or maintains a permanent,
  112  temporary, or transient permanent residence.
  113         (e) “Conviction” means a determination of guilt which is
  114  the result of a trial or the entry of a plea of guilty or nolo
  115  contendere, regardless of whether adjudication is withheld. A
  116  conviction for a similar offense includes, but is not limited
  117  to, a conviction by a federal or military tribunal, including
  118  courts-martial conducted by the Armed Forces of the United
  119  States, and includes a conviction or entry of a plea of guilty
  120  or nolo contendere resulting in a sanction in any state of the
  121  United States or other jurisdiction. A sanction includes, but is
  122  not limited to, a fine, probation, community control, parole,
  123  conditional release, control release, or incarceration in a
  124  state prison, federal prison, private correctional facility, or
  125  local detention facility.
  126         (f) “Department” means the Department of Law Enforcement.
  127         (g) “Electronic mail address” has the same meaning as
  128  provided in s. 668.602.
  129         (h) “Entering the county” includes being discharged from a
  130  correctional facility or jail or secure treatment facility
  131  within the county or being under supervision within the county
  132  for the commission of a violation enumerated in subsection (4).
  133         (i) “Institution of higher education” means a career
  134  center, a community college, a college, a state university, or
  135  an independent postsecondary institution.
  136         (j)(i) “Internet identifier” includes, but is not limited
  137  to, all website uniform resource locators (URLs) and application
  138  software, whether mobile or nonmobile, used for Internet
  139  communication, including anonymous communication, through means
  140  all electronic mail, chat, instant messages messenger, social
  141  networking, social gaming, or other similar programs and all
  142  corresponding usernames, logins, screen names, and screen
  143  identifiers associated with each URL or application software.
  144  Internet identifier application software, or similar names used
  145  for Internet communication, but does not include a date of
  146  birth, Social Security number, or personal identification number
  147  (PIN), URL, or application software used for utility, banking,
  148  retail, or medical purposes. Voluntary disclosure by a sexual
  149  predator or sexual offender of his or her date of birth, Social
  150  Security number, or PIN as an Internet identifier waives the
  151  disclosure exemption in this paragraph for such personal
  152  information.
  153         (j) “Institution of higher education” means a career
  154  center, community college, college, state university, or
  155  independent postsecondary institution.
  156         (k) “Permanent residence” means a place where the person
  157  abides, lodges, or resides for 5 or more consecutive days.
  158         (l) “Professional license” means the document of
  159  authorization or certification issued by an agency of this state
  160  for a regulatory purpose, or by any similar agency in another
  161  jurisdiction for a regulatory purpose, to a person to engage in
  162  an occupation or to carry out a trade or business.
  163         (m)(l) “Temporary residence” means a place where the person
  164  abides, lodges, or resides, including, but not limited to,
  165  vacation, business, or personal travel destinations in or out of
  166  this state, for a period of 5 or more days in the aggregate
  167  during any calendar year and which is not the person’s permanent
  168  address or, for a person whose permanent residence is not in
  169  this state, a place where the person is employed, practices a
  170  vocation, or is enrolled as a student for any period of time in
  171  this state.
  172         (n)(m) “Transient residence” means a county where a person
  173  lives, remains, or is located for a period of 5 or more days in
  174  the aggregate during a calendar year and which is not the
  175  person’s permanent or temporary address. The term includes, but
  176  is not limited to, a place where the person sleeps or seeks
  177  shelter and a location that has no specific street address.
  178         (o)(n) “Vehicles owned” means any motor vehicle as defined
  179  in s. 320.01, which is registered, coregistered, leased, titled,
  180  or rented by a sexual predator or sexual offender; a rented
  181  vehicle that a sexual predator or sexual offender is authorized
  182  to drive; or a vehicle for which a sexual predator or sexual
  183  offender is insured as a driver. The term also includes any
  184  motor vehicle as defined in s. 320.01, which is registered,
  185  coregistered, leased, titled, or rented by a person or persons
  186  residing at a sexual predator’s or sexual offender’s permanent
  187  residence for 5 or more consecutive days.
  188         (4) SEXUAL PREDATOR CRITERIA.—
  189         (a) For a current offense committed on or after October 1,
  190  1993, upon conviction, an offender shall be designated as a
  191  “sexual predator” under subsection (5), and subject to
  192  registration under subsection (6) and community and public
  193  notification under subsection (7) if:
  194         1. The felony is:
  195         a. A capital, life, or first degree felony violation, or
  196  any attempt thereof, of s. 787.01 or s. 787.02, where the victim
  197  is a minor and the defendant is not the victim’s parent or
  198  guardian, or s. 794.011, s. 800.04, or s. 847.0145, or a
  199  violation of a similar law of another jurisdiction; or
  200         b. Any felony violation, or any attempt thereof, of s.
  201  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  202  787.025(2)(c), where the victim is a minor and the defendant is
  203  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  204  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
  205  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  206  800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s. 847.0135,
  207  excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2); or s.
  208  985.701(1); or a violation of a similar law of another
  209  jurisdiction, and the offender has previously been convicted of
  210  or found to have committed, or has pled nolo contendere or
  211  guilty to, regardless of adjudication, any violation of s.
  212  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  213  787.025(2)(c), where the victim is a minor and the defendant is
  214  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  215  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
  216  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  217  800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  218  excluding s. 847.0135(6); s. 847.0145; s. 916.1075(2); or s.
  219  985.701(1); or a violation of a similar law of another
  220  jurisdiction;
  221         2. The offender has not received a pardon for any felony or
  222  similar law of another jurisdiction that is necessary for the
  223  operation of this paragraph; and
  224         3. A conviction of a felony or similar law of another
  225  jurisdiction necessary to the operation of this paragraph has
  226  not been set aside in any postconviction proceeding.
  227         (c) If an offender has been registered as a sexual predator
  228  by the Department of Corrections, the department, or any other
  229  law enforcement agency and if:
  230         1. The court did not, for whatever reason, make a written
  231  finding at the time of sentencing that the offender was a sexual
  232  predator; or
  233         2. The offender was administratively registered as a sexual
  234  predator because the Department of Corrections, the department,
  235  or any other law enforcement agency obtained information that
  236  indicated that the offender met the criteria for designation as
  237  a sexual predator based on a violation of a similar law in
  238  another jurisdiction,
  239  
  240  the department shall remove that offender from the department’s
  241  list of sexual predators and, for an offender described under
  242  subparagraph 1., shall notify the state attorney who prosecuted
  243  the offense that met the criteria for administrative designation
  244  as a sexual predator, and, for an offender described under this
  245  paragraph, shall notify the state attorney of the county where
  246  the offender establishes or maintains a permanent, temporary, or
  247  transient residence. The state attorney shall bring the matter
  248  to the court’s attention in order to establish that the offender
  249  meets the criteria for designation as a sexual predator. If the
  250  court makes a written finding that the offender is a sexual
  251  predator, the offender must be designated as a sexual predator,
  252  must register or be registered as a sexual predator with the
  253  department as provided in subsection (6), and is subject to the
  254  community and public notification as provided in subsection (7).
  255  If the court does not make a written finding that the offender
  256  is a sexual predator, the offender may not be designated as a
  257  sexual predator with respect to that offense and is not required
  258  to register or be registered as a sexual predator with the
  259  department.
  260         (d) An offender who has been determined to be a sexually
  261  violent predator pursuant to a civil commitment proceeding under
  262  chapter 394 shall be designated as a “sexual predator” under
  263  subsection (5) and subject to registration under subsection (6)
  264  and community and public notification under subsection (7).
  265         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
  266  as a sexual predator as follows:
  267         (a)1. An offender who meets the sexual predator criteria
  268  described in paragraph (4)(d) is a sexual predator, and the
  269  court shall make a written finding at the time such offender is
  270  determined to be a sexually violent predator under chapter 394
  271  that such person meets the criteria for designation as a sexual
  272  predator for purposes of this section. The clerk shall transmit
  273  a copy of the order containing the written finding to the
  274  department within 48 hours after the entry of the order;
  275         2. An offender who meets the sexual predator criteria
  276  described in paragraph (4)(a) who is before the court for
  277  sentencing for a current offense committed on or after October
  278  1, 1993, is a sexual predator, and the sentencing court must
  279  make a written finding at the time of sentencing that the
  280  offender is a sexual predator, and the clerk of the court shall
  281  transmit a copy of the order containing the written finding to
  282  the department within 48 hours after the entry of the order; or
  283         3. If the Department of Corrections, the department, or any
  284  other law enforcement agency obtains information which indicates
  285  that an offender who establishes or maintains a permanent,
  286  temporary, or transient residence in this state meets the sexual
  287  predator criteria described in paragraph (4)(a) or paragraph
  288  (4)(d) because the offender was civilly committed or committed a
  289  similar violation in another jurisdiction on or after October 1,
  290  1993, the Department of Corrections, the department, or the law
  291  enforcement agency shall notify the state attorney of the county
  292  where the offender establishes or maintains a permanent,
  293  temporary, or transient residence of the offender’s presence in
  294  the community. The state attorney shall file a petition with the
  295  criminal division of the circuit court for the purpose of
  296  holding a hearing to determine if the offender’s criminal record
  297  or record of civil commitment from another jurisdiction meets
  298  the sexual predator criteria. If the court finds that the
  299  offender meets the sexual predator criteria because the offender
  300  has violated a similar law or similar laws in another
  301  jurisdiction, the court shall make a written finding that the
  302  offender is a sexual predator.
  303  
  304  When the court makes a written finding that an offender is a
  305  sexual predator, the court shall inform the sexual predator of
  306  the registration and community and public notification
  307  requirements described in this section. Within 48 hours after
  308  the court designating an offender as a sexual predator, the
  309  clerk of the circuit court shall transmit a copy of the court’s
  310  written sexual predator finding to the department. If the
  311  offender is sentenced to a term of imprisonment or supervision,
  312  a copy of the court’s written sexual predator finding must be
  313  submitted to the Department of Corrections.
  314         (b) If a sexual predator is not sentenced to a term of
  315  imprisonment, the clerk of the court shall ensure that the
  316  sexual predator’s fingerprints are taken and forwarded to the
  317  department within 48 hours after the court renders its written
  318  sexual predator finding. The fingerprints shall be clearly
  319  marked, “Sexual Predator Registration.” The clerk of the court
  320  that convicts and sentences the sexual predator for the offense
  321  or offenses described in subsection (4) shall forward to the
  322  department and to the Department of Corrections a certified copy
  323  of any order entered by the court imposing any special condition
  324  or restriction on the sexual predator that restricts or
  325  prohibits access to the victim, if the victim is a minor, or to
  326  other minors.
  327         (6) REGISTRATION.—
  328         (a) A sexual predator shall register with the department
  329  through the sheriff’s office by providing the following
  330  information to the department:
  331         1. Name; social security number; age; race; sex; date of
  332  birth; height; weight; tattoos or other identifying marks; hair
  333  and eye color; photograph; address of legal residence and
  334  address of any current temporary residence, within the state or
  335  out of state, including a rural route address and a post office
  336  box; if no permanent or temporary address, any transient
  337  residence within the state; address, location or description,
  338  and dates of any current or known future temporary residence
  339  within the state or out of state; all electronic mail addresses
  340  and all Internet identifiers required to be provided pursuant to
  341  subparagraph (g)5.; all home telephone numbers and cellular
  342  telephone numbers required to be provided pursuant to
  343  subparagraph (g)5.; date and place of any employment information
  344  required to be provided pursuant to subparagraph (g)5.; the
  345  make, model, color, vehicle identification number (VIN), and
  346  license tag number of all vehicles owned; date and place of each
  347  conviction; fingerprints; palm prints; and a brief description
  348  of the crime or crimes committed by the offender. A post office
  349  box may not be provided in lieu of a physical residential
  350  address. The sexual predator shall produce his or her passport,
  351  if he or she has a passport, and, if he or she is an alien,
  352  shall produce or provide information about documents
  353  establishing his or her immigration status. The sexual predator
  354  shall also provide information about any professional licenses
  355  he or she has.
  356         a. If the sexual predator’s place of residence is a motor
  357  vehicle, trailer, mobile home, or manufactured home, as defined
  358  in chapter 320, the sexual predator shall also provide to the
  359  department written notice of the vehicle identification number;
  360  the license tag number; the registration number; and a
  361  description, including color scheme, of the motor vehicle,
  362  trailer, mobile home, or manufactured home. If a sexual
  363  predator’s place of residence is a vessel, live-aboard vessel,
  364  or houseboat, as defined in chapter 327, the sexual predator
  365  shall also provide to the department written notice of the hull
  366  identification number; the manufacturer’s serial number; the
  367  name of the vessel, live-aboard vessel, or houseboat; the
  368  registration number; and a description, including color scheme,
  369  of the vessel, live-aboard vessel, or houseboat.
  370         b. If the sexual predator is enrolled or, employed, whether
  371  for compensation or as a volunteer volunteering, or carrying on
  372  a vocation at an institution of higher education in this state,
  373  the sexual predator shall also provide to the department
  374  pursuant to subparagraph (g)5. the name, address, and county of
  375  each institution, including each campus attended, and the sexual
  376  predator’s enrollment, volunteer, or employment status. Each
  377  change in enrollment, volunteer, or employment status must be
  378  reported in person at the sheriff’s office, or the Department of
  379  Corrections if the sexual predator is in the custody or control
  380  of or under the supervision of the Department of Corrections,
  381  within 48 hours after any change in status. The sheriff, or the
  382  Department of Corrections, or the Department of Juvenile Justice
  383  shall promptly notify each institution of higher education of
  384  the sexual predator’s presence and any change in the sexual
  385  predator’s enrollment, volunteer, or employment status.
  386         c. A sexual predator shall report in person to the
  387  sheriff’s office within 48 hours after any change in vehicles
  388  owned to report those vehicle information changes.
  389         2. Any other information determined necessary by the
  390  department, including criminal and corrections records;
  391  nonprivileged personnel and treatment records; and evidentiary
  392  genetic markers when available.
  393         (e)1. If the sexual predator is not in the custody or
  394  control of, or under the supervision of, the Department of
  395  Corrections or is not in the custody of a private correctional
  396  facility, the sexual predator shall register in person:
  397         a. At the sheriff’s office in the county where he or she
  398  establishes or maintains a residence within 48 hours after
  399  establishing or maintaining a residence in this state; and
  400         b. At the sheriff’s office in the county where he or she
  401  was designated a sexual predator by the court within 48 hours
  402  after such finding is made.
  403         2. Any change in the sexual predator’s permanent, or
  404  temporary, or transient residence;, name;, vehicles owned;,
  405  electronic mail addresses;, or Internet identifiers; home
  406  telephone numbers and cellular telephone numbers; and employment
  407  information and any change in status at an institution of higher
  408  education, required to be provided pursuant to subparagraph
  409  (g)5., after the sexual predator registers in person at the
  410  sheriff’s office as provided in subparagraph 1., must be
  411  accomplished in the manner provided in paragraphs (g), (i), and
  412  (j). When a sexual predator registers with the sheriff’s office,
  413  the sheriff shall take a photograph, a set of fingerprints, and
  414  palm prints of the predator and forward the photographs, palm
  415  prints, and fingerprints to the department, along with the
  416  information that the predator is required to provide pursuant to
  417  this section.
  418         (f) Within 48 hours after the registration required under
  419  paragraph (a) or paragraph (e), a sexual predator who is not
  420  incarcerated and who resides in the community, including a
  421  sexual predator under the supervision of the Department of
  422  Corrections, shall register in person at a driver license office
  423  of the Department of Highway Safety and Motor Vehicles and shall
  424  present proof of registration unless a driver license or an
  425  identification card that complies with the requirements of s.
  426  322.141(3) was previously secured or updated under s. 944.607.
  427  At the driver license office the sexual predator shall:
  428         1. If otherwise qualified, secure a Florida driver license,
  429  renew a Florida driver license, or secure an identification
  430  card. The sexual predator shall identify himself or herself as a
  431  sexual predator who is required to comply with this section,
  432  provide his or her place of permanent, temporary, or transient
  433  residence, including a rural route address and a post office
  434  box, and submit to the taking of a photograph for use in issuing
  435  a driver license, a renewed license, or an identification card,
  436  and for use by the department in maintaining current records of
  437  sexual predators. A post office box may not be provided in lieu
  438  of a physical residential address. If the sexual predator’s
  439  place of residence is a motor vehicle, trailer, mobile home, or
  440  manufactured home, as defined in chapter 320, the sexual
  441  predator shall also provide to the Department of Highway Safety
  442  and Motor Vehicles the vehicle identification number; the
  443  license tag number; the registration number; and a description,
  444  including color scheme, of the motor vehicle, trailer, mobile
  445  home, or manufactured home. If a sexual predator’s place of
  446  residence is a vessel, live-aboard vessel, or houseboat, as
  447  defined in chapter 327, the sexual predator shall also provide
  448  to the Department of Highway Safety and Motor Vehicles the hull
  449  identification number; the manufacturer’s serial number; the
  450  name of the vessel, live-aboard vessel, or houseboat; the
  451  registration number; and a description, including color scheme,
  452  of the vessel, live-aboard vessel, or houseboat.
  453         2. Pay the costs assessed by the Department of Highway
  454  Safety and Motor Vehicles for issuing or renewing a driver
  455  license or an identification card as required by this section.
  456  The driver license or identification card issued to the sexual
  457  predator must comply with s. 322.141(3).
  458         3. Provide, upon request, any additional information
  459  necessary to confirm the identity of the sexual predator,
  460  including a set of fingerprints.
  461         (g)1. Each time a sexual predator’s driver license or
  462  identification card is subject to renewal, and, without regard
  463  to the status of the predator’s driver license or identification
  464  card, within 48 hours after any change of the predator’s
  465  residence or change in the predator’s name by reason of marriage
  466  or other legal process, the predator shall report in person to a
  467  driver license office and is subject to the requirements
  468  specified in paragraph (f). The Department of Highway Safety and
  469  Motor Vehicles shall forward to the department and to the
  470  Department of Corrections all photographs and information
  471  provided by sexual predators. Notwithstanding the restrictions
  472  set forth in s. 322.142, the Department of Highway Safety and
  473  Motor Vehicles may release a reproduction of a color-photograph
  474  or digital-image license to the Department of Law Enforcement
  475  for purposes of public notification of sexual predators as
  476  provided in this section. A sexual predator who is unable to
  477  secure or update a driver license or an identification card with
  478  the Department of Highway Safety and Motor Vehicles as provided
  479  in paragraph (f) and this paragraph shall also report any change
  480  of the predator’s residence or change in the predator’s name by
  481  reason of marriage or other legal process within 48 hours after
  482  the change to the sheriff’s office in the county where the
  483  predator resides or is located and provide confirmation that he
  484  or she reported such information to the Department of Highway
  485  Safety and Motor Vehicles. The reporting requirements under this
  486  subparagraph do not negate the requirement for a sexual predator
  487  to obtain a Florida driver license or identification card as
  488  required by this section.
  489         2.a. A sexual predator who vacates a permanent, temporary,
  490  or transient residence and fails to establish or maintain
  491  another permanent, temporary, or transient residence shall,
  492  within 48 hours after vacating the permanent, temporary, or
  493  transient residence, report in person to the sheriff’s office of
  494  the county in which he or she is located. The sexual predator
  495  shall specify the date upon which he or she intends to or did
  496  vacate such residence. The sexual predator shall provide or
  497  update all of the registration information required under
  498  paragraph (a). The sexual predator shall provide an address for
  499  the residence or other place that he or she is or will be
  500  located during the time in which he or she fails to establish or
  501  maintain a permanent or temporary residence.
  502         b. A sexual predator shall report in person at the
  503  sheriff’s office in the county in which he or she is located
  504  within 48 hours after establishing a transient residence and
  505  thereafter must report in person every 30 days to the sheriff’s
  506  office in the county in which he or she is located while
  507  maintaining a transient residence. The sexual predator must
  508  provide the addresses and locations where he or she maintains a
  509  transient residence. Each sheriff’s office shall establish
  510  procedures for reporting transient residence information and
  511  provide notice to transient registrants to report transient
  512  residence information as required in this sub-subparagraph.
  513  Reporting to the sheriff’s office as required by this sub
  514  subparagraph does not exempt registrants from any reregistration
  515  requirement. The sheriff may coordinate and enter into
  516  agreements with police departments and other governmental
  517  entities to facilitate additional reporting sites for transient
  518  residence registration required in this sub-subparagraph. The
  519  sheriff’s office shall, within 2 business days, electronically
  520  submit and update all information provided by the sexual
  521  predator to the department.
  522         3. A sexual predator who remains at a permanent, temporary,
  523  or transient residence after reporting his or her intent to
  524  vacate such residence shall, within 48 hours after the date upon
  525  which the predator indicated he or she would or did vacate such
  526  residence, report in person to the sheriff’s office to which he
  527  or she reported pursuant to subparagraph 2. for the purpose of
  528  reporting his or her address at such residence. When the sheriff
  529  receives the report, the sheriff shall promptly convey the
  530  information to the department. An offender who makes a report as
  531  required under subparagraph 2. but fails to make a report as
  532  required under this subparagraph commits a felony of the second
  533  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  534  775.084.
  535         4. The failure of a sexual predator who maintains a
  536  transient residence to report in person to the sheriff’s office
  537  every 30 days as required by sub-subparagraph 2.b. is punishable
  538  as provided in subsection (10).
  539         5.a. A sexual predator shall register all electronic mail
  540  addresses and Internet identifiers with the department through
  541  the department’s online system or in person at the sheriff’s
  542  office before using such electronic mail addresses and Internet
  543  identifiers. If the sexual predator is in the custody or
  544  control, or under the supervision, of the Department of
  545  Corrections, he or she must report all electronic mail addresses
  546  and Internet identifiers to the Department of Corrections before
  547  using such electronic mail addresses or Internet identifiers. If
  548  the sexual predator is in the custody or control, or under the
  549  supervision, of the Department of Juvenile Justice, he or she
  550  must report all electronic mail addresses and Internet
  551  identifiers to the Department of Juvenile Justice before using
  552  such electronic mail addresses or Internet identifiers.
  553         b. A sexual predator shall register all changes to home
  554  telephone numbers and cellular telephone numbers, including
  555  added and deleted numbers, all changes to employment
  556  information, and all changes in status related to enrollment,
  557  volunteering, or employment at institutions of higher education,
  558  through the department’s online system; in person at the
  559  sheriff’s office; in person at the Department of Corrections if
  560  the sexual predator is in the custody or control, or under the
  561  supervision, of the Department of Corrections; or in person at
  562  the Department of Juvenile Justice if the sexual predator is in
  563  the custody or control, or under the supervision, of the
  564  Department of Juvenile Justice. All changes required to be
  565  reported in this sub-subparagraph shall be reported within 48
  566  hours after the change.
  567         c. The department shall establish an online system through
  568  which sexual predators may securely access, submit, and update
  569  all electronic mail address and Internet identifier information,
  570  home telephone numbers and cellular telephone numbers,
  571  employment information, and institution of higher education
  572  information.
  573         (i) A sexual predator who intends to establish a permanent,
  574  temporary, or transient residence in another state or
  575  jurisdiction other than the State of Florida shall report in
  576  person to the sheriff of the county of current residence within
  577  48 hours before the date he or she intends to leave this state
  578  to establish residence in another state or jurisdiction or at
  579  least within 21 days before the date he or she intends to travel
  580  before his or her planned departure date if the intended
  581  residence of 5 days or more is outside of the United States. Any
  582  travel that is not known by the sexual predator 21 days before
  583  the departure date must be reported to the sheriff’s office as
  584  soon as possible before departure. The sexual predator shall
  585  provide to the sheriff the address, municipality, county, state,
  586  and country of intended residence. For international travel, the
  587  sexual predator shall also provide travel information,
  588  including, but not limited to, expected departure and return
  589  dates, flight number, airport of departure, cruise port of
  590  departure, or any other means of intended travel. The sheriff
  591  shall promptly provide to the department the information
  592  received from the sexual predator. The department shall notify
  593  the statewide law enforcement agency, or a comparable agency, in
  594  the intended state, jurisdiction, or country of residence of the
  595  sexual predator’s intended residence. The failure of a sexual
  596  predator to provide his or her intended place of residence is
  597  punishable as provided in subsection (10).
  598         (8) VERIFICATION.—The department and the Department of
  599  Corrections shall implement a system for verifying the addresses
  600  of sexual predators. The system must be consistent with the
  601  provisions of the federal Adam Walsh Child Protection and Safety
  602  Act of 2006 and any other federal standards applicable to such
  603  verification or required to be met as a condition for the
  604  receipt of federal funds by the state. The Department of
  605  Corrections shall verify the addresses of sexual predators who
  606  are not incarcerated but who reside in the community under the
  607  supervision of the Department of Corrections and shall report to
  608  the department any failure by a sexual predator to comply with
  609  registration requirements. County and local law enforcement
  610  agencies, in conjunction with the department, shall verify the
  611  addresses of sexual predators who are not under the care,
  612  custody, control, or supervision of the Department of
  613  Corrections, and may verify the addresses of sexual predators
  614  who are under the care, custody, control, or supervision of the
  615  Department of Corrections. Local law enforcement agencies shall
  616  report to the department any failure by a sexual predator to
  617  comply with registration requirements.
  618         (a) A sexual predator shall report in person each year
  619  during the month of the sexual predator’s birthday and during
  620  every third month thereafter to the sheriff’s office in the
  621  county in which he or she resides or is otherwise located to
  622  reregister. The sheriff’s office may determine the appropriate
  623  times and days for reporting by the sexual predator, which must
  624  be consistent with the reporting requirements of this paragraph.
  625  Reregistration must include any changes to the following
  626  information:
  627         1. Name; social security number; age; race; sex; date of
  628  birth; height; weight; tattoos or other identifying marks; hair
  629  and eye color; address of any permanent residence and address of
  630  any current temporary residence, within the state or out of
  631  state, including a rural route address and a post office box; if
  632  no permanent or temporary address, any transient residence
  633  within the state; address, location or description, and dates of
  634  any current or known future temporary residence within the state
  635  or out of state; all electronic mail addresses or Internet
  636  identifiers required to be provided pursuant to subparagraph
  637  (6)(g)5.; all home telephone numbers and cellular telephone
  638  numbers required to be provided pursuant to subparagraph
  639  (6)(g)5.; date and place of any employment required to be
  640  provided pursuant to subparagraph (6)(g)5.; the make, model,
  641  color, vehicle identification number (VIN), and license tag
  642  number of all vehicles owned; fingerprints; palm prints; and
  643  photograph. A post office box may not be provided in lieu of a
  644  physical residential address. The sexual predator shall also
  645  produce his or her passport, if he or she has a passport, and,
  646  if he or she is an alien, shall produce or provide information
  647  about documents establishing his or her immigration status. The
  648  sexual predator shall also provide information about any
  649  professional licenses he or she has.
  650         2. If the sexual predator is enrolled or, employed, whether
  651  for compensation or as a volunteer volunteering, or carrying on
  652  a vocation at an institution of higher education in this state,
  653  the sexual predator shall also provide to the department the
  654  name, address, and county of each institution, including each
  655  campus attended, and the sexual predator’s enrollment,
  656  volunteer, or employment status.
  657         3. If the sexual predator’s place of residence is a motor
  658  vehicle, trailer, mobile home, or manufactured home, as defined
  659  in chapter 320, the sexual predator shall also provide the
  660  vehicle identification number; the license tag number; the
  661  registration number; and a description, including color scheme,
  662  of the motor vehicle, trailer, mobile home, or manufactured
  663  home. If the sexual predator’s place of residence is a vessel,
  664  live-aboard vessel, or houseboat, as defined in chapter 327, the
  665  sexual predator shall also provide the hull identification
  666  number; the manufacturer’s serial number; the name of the
  667  vessel, live-aboard vessel, or houseboat; the registration
  668  number; and a description, including color scheme, of the
  669  vessel, live-aboard vessel, or houseboat.
  670         (10) PENALTIES.—
  671         (a) Except as otherwise specifically provided, a sexual
  672  predator who fails to register; who fails, after registration,
  673  to maintain, acquire, or renew a driver license or an
  674  identification card; who fails to provide required location
  675  information, electronic mail address information before use,
  676  Internet identifier information before use, all home telephone
  677  numbers and cellular telephone numbers, employment information,
  678  change in status at an institution of higher education, or
  679  change-of-name information; who fails to make a required report
  680  in connection with vacating a permanent residence; who fails to
  681  reregister as required; who fails to respond to any address
  682  verification correspondence from the department within 3 weeks
  683  of the date of the correspondence; who knowingly provides false
  684  registration information by act or omission; or who otherwise
  685  fails, by act or omission, to comply with the requirements of
  686  this section commits a felony of the third degree, punishable as
  687  provided in s. 775.082, s. 775.083, or s. 775.084.
  688         (b) A sexual predator who has been convicted of or found to
  689  have committed, or has pled nolo contendere or guilty to,
  690  regardless of adjudication, any violation, or attempted
  691  violation, of s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  692  the victim is a minor and the defendant is not the victim’s
  693  parent or guardian; s. 794.011, excluding s. 794.011(10); s.
  694  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  695  827.071; s. 847.0133; s. 847.0135(5); s. 847.0145; or s.
  696  985.701(1); or a violation of a similar law of another
  697  jurisdiction when the victim of the offense was a minor, and who
  698  works, whether for compensation or as a volunteer, at any
  699  business, school, child care facility, park, playground, or
  700  other place where children regularly congregate, commits a
  701  felony of the third degree, punishable as provided in s.
  702  775.082, s. 775.083, or s. 775.084.
  703         (c) Any person who misuses public records information
  704  relating to a sexual predator, as defined in this section, or a
  705  sexual offender, as defined in s. 943.0435 or s. 944.607, to
  706  secure a payment from such a predator or offender; who knowingly
  707  distributes or publishes false information relating to such a
  708  predator or offender which the person misrepresents as being
  709  public records information; or who materially alters public
  710  records information with the intent to misrepresent the
  711  information, including documents, summaries of public records
  712  information provided by law enforcement agencies, or public
  713  records information displayed by law enforcement agencies on
  714  websites or provided through other means of communication,
  715  commits a misdemeanor of the first degree, punishable as
  716  provided in s. 775.082 or s. 775.083.
  717         (e) An arrest on charges of failure to register, the
  718  service of an information or a complaint for a violation of this
  719  section, or an arraignment on charges for a violation of this
  720  section constitutes actual notice of the duty to register when
  721  the predator has been provided and advised of his or her
  722  statutory obligation to register under subsection (6). A sexual
  723  predator’s failure to immediately register as required by this
  724  section following such arrest, service, or arraignment
  725  constitutes grounds for a subsequent charge of failure to
  726  register. A sexual predator charged with the crime of failure to
  727  register who asserts, or intends to assert, a lack of notice of
  728  the duty to register as a defense to a charge of failure to
  729  register shall immediately register as required by this section.
  730  A sexual predator who is charged with a subsequent failure to
  731  register may not assert the defense of a lack of notice of the
  732  duty to register.
  733         Section 2. Subsections (1) and (4) of section 856.022,
  734  Florida Statutes, are amended, and subsections (2) and (3) of
  735  that section are republished, to read:
  736         856.022 Loitering or prowling by certain offenders in close
  737  proximity to children; penalty.—
  738         (1) Except as provided in subsection (2), this section
  739  applies to a person convicted of committing, or attempting,
  740  soliciting, or conspiring to commit, any of the criminal
  741  offenses proscribed in the following statutes in this state or
  742  similar offenses in another jurisdiction against a victim who
  743  was under 18 years of age at the time of the offense: s. 787.01,
  744  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
  745  the offender was not the victim’s parent or guardian; s.
  746  787.06(3)(g); s. 794.011, excluding s. 794.011(10); s. 794.05;
  747  former s. 796.03; former s. 796.035; s. 800.04; s. 825.1025; s.
  748  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
  749  847.0137; s. 847.0138; s. 847.0145; s. 985.701(1); or any
  750  similar offense committed in this state which has been
  751  redesignated from a former statute number to one of those listed
  752  in this subsection, if the person has not received a pardon for
  753  any felony or similar law of another jurisdiction necessary for
  754  the operation of this subsection and a conviction of a felony or
  755  similar law of another jurisdiction necessary for the operation
  756  of this subsection has not been set aside in any postconviction
  757  proceeding.
  758         (2) This section does not apply to a person who has been
  759  removed from the requirement to register as a sexual offender or
  760  sexual predator pursuant to s. 943.04354.
  761         (3) A person described in subsection (1) commits loitering
  762  and prowling by a person convicted of a sexual offense against a
  763  minor if, in committing loitering and prowling, he or she was
  764  within 300 feet of a place where children were congregating.
  765         (4)(a) It is unlawful for a person described in subsection
  766  (1) to:
  767         (a) knowingly approach, contact, or communicate with a
  768  child under 18 years of age in any public park building or on
  769  real property comprising any public park or playground with the
  770  intent to engage in conduct of a sexual nature or to make a
  771  communication of any type with any content of a sexual nature.
  772  This paragraph applies only to a person described in subsection
  773  (1) whose offense was committed on or after May 26, 2010.
  774         (b)1. It is unlawful for a person described in subsection
  775  (1) to knowingly be present in any child care facility or school
  776  containing any students in prekindergarten through grade 12 or
  777  on real property comprising any child care facility or school
  778  containing any students in prekindergarten through grade 12 when
  779  the child care facility or school is in operation if such person
  780  fails to:
  781         1. Provide unless the person had previously provided
  782  written notification of his or her intent to be present to the
  783  school board, superintendent, principal, or child care facility
  784  owner;
  785         2. Fail to Notify the child care facility owner or the
  786  school principal’s office when he or she arrives and departs the
  787  child care facility or school; or
  788         3. Fail to Remain under direct supervision of a school
  789  official or designated chaperone when present in the vicinity of
  790  children. As used in this paragraph, the term “school official”
  791  means a principal, a school resource officer, a teacher or any
  792  other employee of the school, the superintendent of schools, a
  793  member of the school board, a child care facility owner, or a
  794  child care provider.
  795         (c) A person is not in violation of paragraph (b) if:
  796         1. The child care facility or school is a voting location
  797  and the person is present for the purpose of voting during the
  798  hours designated for voting; or
  799         2. The person is only dropping off or picking up his or her
  800  own children or grandchildren at the child care facility or
  801  school.
  802         Section 3. Subsection (1) of section 943.0435, Florida
  803  Statutes, is reordered and amended, and subsection (2),
  804  paragraphs (a) and (e) of subsection (4), subsection (7),
  805  subsection (11), and paragraphs (b) and (c) of subsection (14)
  806  of that section are amended, to read:
  807         943.0435 Sexual offenders required to register with the
  808  department; penalty.—
  809         (1) As used in this section, the term:
  810         (h)(a)1. “Sexual offender” means a person who meets the
  811  criteria in sub-subparagraph a., sub-subparagraph b., sub
  812  subparagraph c., or sub-subparagraph d., as follows:
  813         a.(I) Has been convicted of committing, or attempting,
  814  soliciting, or conspiring to commit, any of the criminal
  815  offenses proscribed in the following statutes in this state or
  816  similar offenses in another jurisdiction: s. 393.135(2); s.
  817  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  818  the victim is a minor and the defendant is not the victim’s
  819  parent or guardian; s. 787.06(3)(b), (d), (f), or (g); former s.
  820  787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 794.05;
  821  former s. 796.03; former s. 796.035; s. 800.04; s. 810.145(8);
  822  s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s.
  823  847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; s.
  824  916.1075(2); or s. 985.701(1); or any similar offense committed
  825  in this state which has been redesignated from a former statute
  826  number to one of those listed in this sub-sub-subparagraph; and
  827         (II) Has been released on or after October 1, 1997, from
  828  the sanction imposed for any conviction of an offense described
  829  in sub-sub-subparagraph (I). For purposes of sub-sub
  830  subparagraph (I), a sanction imposed in this state or in any
  831  other jurisdiction includes, but is not limited to, a fine,
  832  probation, community control, parole, conditional release,
  833  control release, or incarceration in a state prison, federal
  834  prison, private correctional facility, or local detention
  835  facility;
  836         b. Establishes or maintains a residence in this state and
  837  who has not been designated as a sexual predator by a court of
  838  this state but who has been designated as a sexual predator, as
  839  a sexually violent predator, or by another sexual offender
  840  designation in another state or jurisdiction and was, as a
  841  result of such designation, subjected to registration or
  842  community or public notification, or both, or would be if the
  843  person were a resident of that state or jurisdiction, without
  844  regard to whether the person otherwise meets the criteria for
  845  registration as a sexual offender;
  846         c. Establishes or maintains a residence in this state who
  847  is in the custody or control of, or under the supervision of,
  848  any other state or jurisdiction as a result of a conviction for
  849  committing, or attempting, soliciting, or conspiring to commit,
  850  any of the criminal offenses proscribed in the following
  851  statutes or similar offense in another jurisdiction: s.
  852  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  853  787.025(2)(c), where the victim is a minor and the defendant is
  854  not the victim’s parent or guardian; s. 787.06(3)(b), (d), (f),
  855  or (g); former s. 787.06(3)(h); s. 794.011, excluding s.
  856  794.011(10); s. 794.05; former s. 796.03; former s. 796.035; s.
  857  800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s.
  858  847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s.
  859  847.0145; s. 916.1075(2); or s. 985.701(1); or any similar
  860  offense committed in this state which has been redesignated from
  861  a former statute number to one of those listed in this sub
  862  subparagraph; or
  863         d. On or after July 1, 2007, has been adjudicated
  864  delinquent for committing, or attempting, soliciting, or
  865  conspiring to commit, any of the criminal offenses proscribed in
  866  the following statutes in this state or similar offenses in
  867  another jurisdiction when the juvenile was 14 years of age or
  868  older at the time of the offense:
  869         (I) Section 794.011, excluding s. 794.011(10);
  870         (II) Section 800.04(4)(a)2. where the victim is under 12
  871  years of age or where the court finds sexual activity by the use
  872  of force or coercion;
  873         (III) Section 800.04(5)(c)1. where the court finds
  874  molestation involving unclothed genitals; or
  875         (IV) Section 800.04(5)(d) where the court finds the use of
  876  force or coercion and unclothed genitals.
  877         (V) Any similar offense committed in this state which has
  878  been redesignated from a former statute number to one of those
  879  listed in this sub-subparagraph.
  880         2. For all qualifying offenses listed in sub-subparagraph
  881  1.d. (1)(a)1.d., the court shall make a written finding of the
  882  age of the offender at the time of the offense.
  883  
  884  For each violation of a qualifying offense listed in this
  885  subsection, except for a violation of s. 794.011, the court
  886  shall make a written finding of the age of the victim at the
  887  time of the offense. For a violation of s. 800.04(4), the court
  888  shall also make a written finding indicating whether the offense
  889  involved sexual activity and indicating whether the offense
  890  involved force or coercion. For a violation of s. 800.04(5), the
  891  court shall also make a written finding that the offense did or
  892  did not involve unclothed genitals or genital area and that the
  893  offense did or did not involve the use of force or coercion.
  894         (b) “Convicted” means that there has been a determination
  895  of guilt as a result of a trial or the entry of a plea of guilty
  896  or nolo contendere, regardless of whether adjudication is
  897  withheld, and includes an adjudication of delinquency of a
  898  juvenile as specified in this section. Conviction of a similar
  899  offense includes, but is not limited to, a conviction by a
  900  federal or military tribunal, including courts-martial conducted
  901  by the Armed Forces of the United States, and includes a
  902  conviction or entry of a plea of guilty or nolo contendere
  903  resulting in a sanction in any state of the United States or
  904  other jurisdiction. A sanction includes, but is not limited to,
  905  a fine, probation, community control, parole, conditional
  906  release, control release, or incarceration in a state prison,
  907  federal prison, private correctional facility, or local
  908  detention facility.
  909         (f)(c) “Permanent residence,” “temporary residence,” and
  910  “transient residence” have the same meaning as provided ascribed
  911  in s. 775.21.
  912         (d) “Institution of higher education” has the same meaning
  913  as provided in s. 775.21 means a career center, community
  914  college, college, state university, or independent postsecondary
  915  institution.
  916         (a)(e) “Change in enrollment or employment status at an
  917  institution of higher education” has the same meaning as
  918  provided in s. 775.21 means the commencement or termination of
  919  enrollment or employment or a change in location of enrollment
  920  or employment.
  921         (c)(f) “Electronic mail address” has the same meaning as
  922  provided in s. 668.602.
  923         (e)(g) “Internet identifier” has the same meaning as
  924  provided in s. 775.21.
  925         (i)(h) “Vehicles owned” has the same meaning as provided in
  926  s. 775.21.
  927         (g) “Professional license” has the same meaning as provided
  928  in s. 775.21.
  929         (2) A sexual offender shall:
  930         (a) Report in person at the sheriff’s office:
  931         1. In the county in which the offender establishes or
  932  maintains a permanent, temporary, or transient residence within
  933  48 hours after:
  934         a. Establishing permanent, temporary, or transient
  935  residence in this state; or
  936         b. Being released from the custody, control, or supervision
  937  of the Department of Corrections or from the custody of a
  938  private correctional facility; or
  939         2. In the county where he or she was convicted within 48
  940  hours after being convicted for a qualifying offense for
  941  registration under this section if the offender is not in the
  942  custody or control of, or under the supervision of, the
  943  Department of Corrections, or is not in the custody of a private
  944  correctional facility.
  945  
  946  Any change in the information required to be provided pursuant
  947  to paragraph (b), including, but not limited to, any change in
  948  the sexual offender’s permanent, temporary, or transient
  949  residence;, name;, electronic mail addresses;, or Internet
  950  identifiers; home telephone numbers and cellular telephone
  951  numbers; and employment information and any change in status at
  952  an institution of higher education, required to be provided
  953  pursuant to paragraph (4)(e), after the sexual offender reports
  954  in person at the sheriff’s office, must be accomplished in the
  955  manner provided in subsections (4), (7), and (8).
  956         (b) Provide his or her name; date of birth; social security
  957  number; race; sex; height; weight; hair and eye color; tattoos
  958  or other identifying marks; fingerprints; palm prints;
  959  photograph; occupation and place of employment information
  960  required to be provided pursuant to paragraph (4)(e); address of
  961  permanent or legal residence or address of any current temporary
  962  residence, within the state or out of state, including a rural
  963  route address and a post office box; if no permanent or
  964  temporary address, any transient residence within the state,
  965  address, location or description, and dates of any current or
  966  known future temporary residence within the state or out of
  967  state; the make, model, color, vehicle identification number
  968  (VIN), and license tag number of all vehicles owned; all home
  969  telephone numbers and cellular telephone numbers required to be
  970  provided pursuant to paragraph (4)(e); all electronic mail
  971  addresses and all Internet identifiers required to be provided
  972  pursuant to paragraph (4)(e); date and place of each conviction;
  973  and a brief description of the crime or crimes committed by the
  974  offender. A post office box may not be provided in lieu of a
  975  physical residential address. The sexual offender shall also
  976  produce his or her passport, if he or she has a passport, and,
  977  if he or she is an alien, shall produce or provide information
  978  about documents establishing his or her immigration status. The
  979  sexual offender shall also provide information about any
  980  professional licenses he or she has.
  981         1. If the sexual offender’s place of residence is a motor
  982  vehicle, trailer, mobile home, or manufactured home, as defined
  983  in chapter 320, the sexual offender shall also provide to the
  984  department through the sheriff’s office written notice of the
  985  vehicle identification number; the license tag number; the
  986  registration number; and a description, including color scheme,
  987  of the motor vehicle, trailer, mobile home, or manufactured
  988  home. If the sexual offender’s place of residence is a vessel,
  989  live-aboard vessel, or houseboat, as defined in chapter 327, the
  990  sexual offender shall also provide to the department written
  991  notice of the hull identification number; the manufacturer’s
  992  serial number; the name of the vessel, live-aboard vessel, or
  993  houseboat; the registration number; and a description, including
  994  color scheme, of the vessel, live-aboard vessel, or houseboat.
  995         2. If the sexual offender is enrolled or, employed, whether
  996  for compensation or as a volunteer volunteering, or carrying on
  997  a vocation at an institution of higher education in this state,
  998  the sexual offender shall also provide to the department
  999  pursuant to paragraph (4)(e) through the sheriff’s office the
 1000  name, address, and county of each institution, including each
 1001  campus attended, and the sexual offender’s enrollment,
 1002  volunteer, or employment status. Each change in enrollment,
 1003  volunteer, or employment status must be reported in person at
 1004  the sheriff’s office, within 48 hours after any change in
 1005  status. The sheriff, the Department of Corrections, or the
 1006  Department of Juvenile Justice shall promptly notify each
 1007  institution of higher education of the sexual offender’s
 1008  presence and any change in the sexual offender’s enrollment,
 1009  volunteer, or employment status.
 1010         3. A sexual offender shall report in person to the
 1011  sheriff’s office within 48 hours after any change in vehicles
 1012  owned to report those vehicle information changes.
 1013         (c) Provide any other information determined necessary by
 1014  the department, including criminal and corrections records;
 1015  nonprivileged personnel and treatment records; and evidentiary
 1016  genetic markers, when available.
 1017  
 1018  When a sexual offender reports at the sheriff’s office, the
 1019  sheriff shall take a photograph, a set of fingerprints, and palm
 1020  prints of the offender and forward the photographs, palm prints,
 1021  and fingerprints to the department, along with the information
 1022  provided by the sexual offender. The sheriff shall promptly
 1023  provide to the department the information received from the
 1024  sexual offender.
 1025         (4)(a) Each time a sexual offender’s driver license or
 1026  identification card is subject to renewal, and, without regard
 1027  to the status of the offender’s driver license or identification
 1028  card, within 48 hours after any change in the offender’s
 1029  permanent, temporary, or transient residence or change in the
 1030  offender’s name by reason of marriage or other legal process,
 1031  the offender shall report in person to a driver license office,
 1032  and is subject to the requirements specified in subsection (3).
 1033  The Department of Highway Safety and Motor Vehicles shall
 1034  forward to the department all photographs and information
 1035  provided by sexual offenders. Notwithstanding the restrictions
 1036  set forth in s. 322.142, the Department of Highway Safety and
 1037  Motor Vehicles may release a reproduction of a color-photograph
 1038  or digital-image license to the Department of Law Enforcement
 1039  for purposes of public notification of sexual offenders as
 1040  provided in this section and ss. 943.043 and 944.606. A sexual
 1041  offender who is unable to secure or update a driver license or
 1042  an identification card with the Department of Highway Safety and
 1043  Motor Vehicles as provided in subsection (3) and this subsection
 1044  shall also report any change in the sexual offender’s permanent,
 1045  temporary, or transient residence or change in the offender’s
 1046  name by reason of marriage or other legal process within 48
 1047  hours after the change to the sheriff’s office in the county
 1048  where the offender resides or is located and provide
 1049  confirmation that he or she reported such information to the
 1050  Department of Highway Safety and Motor Vehicles. The reporting
 1051  requirements under this paragraph do not negate the requirement
 1052  for a sexual offender to obtain a Florida driver license or an
 1053  identification card as required in this section.
 1054         (e)1. A sexual offender shall register all electronic mail
 1055  addresses and Internet identifiers with the department through
 1056  the department’s online system or in person at the sheriff’s
 1057  office before using such electronic mail addresses and Internet
 1058  identifiers. If the sexual offender is in the custody or
 1059  control, or under the supervision, of the Department of
 1060  Corrections, he or she must report all electronic mail addresses
 1061  and Internet identifiers to the Department of Corrections before
 1062  using such electronic mail addresses or Internet identifiers. If
 1063  the sexual offender is in the custody or control, or under the
 1064  supervision, of the Department of Juvenile Justice, he or she
 1065  must report all electronic mail addresses and Internet
 1066  identifiers to the Department of Juvenile Justice before using
 1067  such electronic mail addresses or Internet identifiers.
 1068         2. A sexual offender shall register all changes to home
 1069  telephone numbers and cellular telephone numbers, including
 1070  added and deleted numbers, all changes to employment
 1071  information, and all changes in status related to enrollment,
 1072  volunteering, or employment at institutions of higher education,
 1073  through the department’s online system; in person at the
 1074  sheriff’s office; in person at the Department of Corrections if
 1075  the sexual offender is in the custody or control, or under the
 1076  supervision, of the Department of Corrections; or in person at
 1077  the Department of Juvenile Justice if the sexual offender is in
 1078  the custody or control, or under the supervision, of the
 1079  Department of Juvenile Justice. All changes required to be
 1080  reported under this subparagraph must be reported within 48
 1081  hours after the change.
 1082         3. The department shall establish an online system through
 1083  which sexual offenders may securely access, submit, and update
 1084  all changes in status to electronic mail address and Internet
 1085  identifier information, home telephone numbers and cellular
 1086  telephone numbers, employment information, and institution of
 1087  higher education information.
 1088         (7) A sexual offender who intends to establish a permanent,
 1089  temporary, or transient residence in another state or
 1090  jurisdiction other than the State of Florida shall report in
 1091  person to the sheriff of the county of current residence within
 1092  48 hours before the date he or she intends to leave this state
 1093  to establish residence in another state or jurisdiction or at
 1094  least within 21 days before the date he or she intends to travel
 1095  before his or her planned departure date if the intended
 1096  residence of 5 days or more is outside of the United States. Any
 1097  travel that is not known by the sexual offender 21 days before
 1098  the departure date must be reported in person to the sheriff’s
 1099  office as soon as possible before departure. The sexual offender
 1100  shall provide to the sheriff The notification must include the
 1101  address, municipality, county, state, and country of intended
 1102  residence. For international travel, the sexual offender shall
 1103  also provide travel information, including, but not limited to,
 1104  expected departure and return dates, flight number, airport of
 1105  departure, cruise port of departure, or any other means of
 1106  intended travel. The sheriff shall promptly provide to the
 1107  department the information received from the sexual offender.
 1108  The department shall notify the statewide law enforcement
 1109  agency, or a comparable agency, in the intended state,
 1110  jurisdiction, or country of residence of the sexual offender’s
 1111  intended residence. The failure of a sexual offender to provide
 1112  his or her intended place of residence is punishable as provided
 1113  in subsection (9).
 1114         (11) Except as provided in s. 943.04354, a sexual offender
 1115  shall maintain registration with the department for the duration
 1116  of his or her life unless the sexual offender has received a
 1117  full pardon or has had a conviction set aside in a
 1118  postconviction proceeding for any offense that meets the
 1119  criteria for classifying the person as a sexual offender for
 1120  purposes of registration. However, a sexual offender shall be
 1121  considered for removal of the requirement to register as a
 1122  sexual offender only if the person:
 1123         (a)1. Who Has been lawfully released from confinement,
 1124  supervision, or sanction, whichever is later, for at least 25
 1125  years and has not been arrested for any felony or misdemeanor
 1126  offense since release, provided that the sexual offender’s
 1127  requirement to register was not based upon an adult conviction:
 1128         a. For a violation of s. 787.01 or s. 787.02;
 1129         b. For a violation of s. 794.011, excluding s. 794.011(10);
 1130         c. For a violation of s. 800.04(4)(a)2. where the court
 1131  finds the offense involved a victim under 12 years of age or
 1132  sexual activity by the use of force or coercion;
 1133         d. For a violation of s. 800.04(5)(b);
 1134         e. For a violation of s. 800.04(5)(c)2. where the court
 1135  finds the offense involved the use of force or coercion and
 1136  unclothed genitals or genital area;
 1137         f. For a violation of s. 825.1025(2)(a);
 1138         g.f. For any attempt or conspiracy to commit any such
 1139  offense;
 1140         h.g. For a violation of similar law of another
 1141  jurisdiction; or
 1142         i.h. For a violation of a similar offense committed in this
 1143  state which has been redesignated from a former statute number
 1144  to one of those listed in this subparagraph.,
 1145         2. If the sexual offender meets the criteria in
 1146  subparagraph 1., the sexual offender may, for the purpose of
 1147  removing the requirement for registration as a sexual offender,
 1148  petition the criminal division of the circuit court of the
 1149  circuit:
 1150         a. Where the conviction or adjudication occurred, for a
 1151  conviction in this state;
 1152         b. Where the sexual offender resides, for a conviction of a
 1153  violation of similar law of another jurisdiction; or
 1154         c. Where the sexual offender last resided, for a sexual
 1155  offender with a conviction of a violation of similar law of
 1156  another jurisdiction who no longer resides in this state for the
 1157  purpose of removing the requirement for registration as a sexual
 1158  offender.
 1159         3.2. The court may grant or deny relief if the offender
 1160  demonstrates to the court that he or she has not been arrested
 1161  for any crime since release; the requested relief complies with
 1162  the provisions of the federal Adam Walsh Child Protection and
 1163  Safety Act of 2006 and any other federal standards applicable to
 1164  the removal of registration requirements for a sexual offender
 1165  or required to be met as a condition for the receipt of federal
 1166  funds by the state; and the court is otherwise satisfied that
 1167  the offender is not a current or potential threat to public
 1168  safety. The state attorney in the circuit in which the petition
 1169  is filed must be given notice of the petition at least 3 weeks
 1170  before the hearing on the matter. The state attorney may present
 1171  evidence in opposition to the requested relief or may otherwise
 1172  demonstrate the reasons why the petition should be denied. If
 1173  the court denies the petition, the court may set a future date
 1174  at which the sexual offender may again petition the court for
 1175  relief, subject to the standards for relief provided in this
 1176  subsection.
 1177         4.3. The department shall remove an offender from
 1178  classification as a sexual offender for purposes of registration
 1179  if the offender provides to the department a certified copy of
 1180  the court’s written findings or order that indicates that the
 1181  offender is no longer required to comply with the requirements
 1182  for registration as a sexual offender.
 1183         4. For purposes of this paragraph:
 1184         a. The registration period of a sexual offender sentenced
 1185  to a term of incarceration or committed to a residential program
 1186  begins upon the offender’s release from incarceration or
 1187  commitment for the most recent conviction that required the
 1188  offender to register.
 1189         b. A sexual offender’s registration period is tolled during
 1190  any period in which the offender is incarcerated, civilly
 1191  committed, detained pursuant to chapter 985, or committed to a
 1192  residential program.
 1193         c. Except as provided in sub-subparagraph e., if the sexual
 1194  offender is only sentenced to a term of supervision for the most
 1195  recent conviction that required the offender to register as a
 1196  sexual offender or is only subject to a period of supervision
 1197  for that conviction, the registration period begins when the
 1198  term or period of supervision for that conviction begins.
 1199         d. Except as provided in sub-subparagraph e., if the sexual
 1200  offender is sentenced to a term of supervision that follows a
 1201  term of incarceration for the most recent conviction that
 1202  required the offender to register as a sexual offender or is
 1203  subject to a period of supervision that follows commitment to a
 1204  residential program for that conviction, the registration period
 1205  begins when the term or period of supervision for that
 1206  conviction begins.
 1207         e. If a sexual offender is sentenced to a term of more than
 1208  25 years’ supervision for the most recent conviction that
 1209  required the offender to register as a sexual offender, the
 1210  sexual offender may not petition for removal of the requirement
 1211  for registration as a sexual offender until the term of
 1212  supervision for that conviction is completed.
 1213         (b) As defined in sub-subparagraph (1)(h)1.b. (1)(a)1.b.
 1214  must maintain registration with the department for the duration
 1215  of his or her life until the person provides the department with
 1216  an order issued by the court that designated the person as a
 1217  sexual predator, as a sexually violent predator, or by another
 1218  sexual offender designation in the state or jurisdiction in
 1219  which the order was issued which states that such designation
 1220  has been removed or demonstrates to the department that such
 1221  designation, if not imposed by a court, has been removed by
 1222  operation of law or court order in the state or jurisdiction in
 1223  which the designation was made, and provided such person no
 1224  longer meets the criteria for registration as a sexual offender
 1225  under the laws of this state.
 1226         (14)
 1227         (b) However, a sexual offender who is required to register
 1228  as a result of a conviction for:
 1229         1. Section 787.01 or s. 787.02 where the victim is a minor
 1230  and the offender is not the victim’s parent or guardian;
 1231         2. Section 794.011, excluding s. 794.011(10);
 1232         3. Section 800.04(4)(a)2. where the court finds the offense
 1233  involved a victim under 12 years of age or sexual activity by
 1234  the use of force or coercion;
 1235         4. Section 800.04(5)(b);
 1236         5. Section 800.04(5)(c)1. where the court finds molestation
 1237  involving unclothed genitals or genital area;
 1238         6. Section 800.04(5)(c)2. where the court finds molestation
 1239  involving the use of force or coercion and unclothed genitals or
 1240  genital area;
 1241         7. Section 800.04(5)(d) where the court finds the use of
 1242  force or coercion and unclothed genitals or genital area;
 1243         8. Section 825.1025(2)(a);
 1244         9.8. Any attempt or conspiracy to commit such offense;
 1245         10.9. A violation of a similar law of another jurisdiction;
 1246  or
 1247         11.10. A violation of a similar offense committed in this
 1248  state which has been redesignated from a former statute number
 1249  to one of those listed in this paragraph,
 1250  
 1251  must reregister each year during the month of the sexual
 1252  offender’s birthday and every third month thereafter.
 1253         (c) The sheriff’s office may determine the appropriate
 1254  times and days for reporting by the sexual offender, which must
 1255  be consistent with the reporting requirements of this
 1256  subsection. Reregistration must include any changes to the
 1257  following information:
 1258         1. Name; social security number; age; race; sex; date of
 1259  birth; height; weight; tattoos or other identifying marks; hair
 1260  and eye color; address of any permanent residence and address of
 1261  any current temporary residence, within the state or out of
 1262  state, including a rural route address and a post office box; if
 1263  no permanent or temporary address, any transient residence
 1264  within the state; address, location or description, and dates of
 1265  any current or known future temporary residence within the state
 1266  or out of state; all electronic mail addresses or Internet
 1267  identifiers required to be provided pursuant to paragraph
 1268  (4)(e); all home telephone numbers and cellular telephone
 1269  numbers required to be provided pursuant to paragraph (4)(e);
 1270  date and place of any employment information required to be
 1271  provided pursuant to paragraph (4)(e); the make, model, color,
 1272  vehicle identification number (VIN), and license tag number of
 1273  all vehicles owned; fingerprints; palm prints; and photograph. A
 1274  post office box may not be provided in lieu of a physical
 1275  residential address. The sexual offender shall also produce his
 1276  or her passport, if he or she has a passport, and, if he or she
 1277  is an alien, shall produce or provide information about
 1278  documents establishing his or her immigration status. The sexual
 1279  offender shall also provide information about any professional
 1280  licenses he or she has.
 1281         2. If the sexual offender is enrolled or, volunteering,
 1282  employed, whether for compensation or as a volunteer, or
 1283  carrying on a vocation at an institution of higher education in
 1284  this state, the sexual offender shall also provide to the
 1285  department the name, address, and county of each institution,
 1286  including each campus attended, and the sexual offender’s
 1287  enrollment, volunteer, or employment status.
 1288         3. If the sexual offender’s place of residence is a motor
 1289  vehicle, trailer, mobile home, or manufactured home, as defined
 1290  in chapter 320, the sexual offender shall also provide the
 1291  vehicle identification number; the license tag number; the
 1292  registration number; and a description, including color scheme,
 1293  of the motor vehicle, trailer, mobile home, or manufactured
 1294  home. If the sexual offender’s place of residence is a vessel,
 1295  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1296  sexual offender shall also provide the hull identification
 1297  number; the manufacturer’s serial number; the name of the
 1298  vessel, live-aboard vessel, or houseboat; the registration
 1299  number; and a description, including color scheme, of the
 1300  vessel, live-aboard vessel or houseboat.
 1301         4. Any sexual offender who fails to report in person as
 1302  required at the sheriff’s office, who fails to respond to any
 1303  address verification correspondence from the department within 3
 1304  weeks of the date of the correspondence, who fails to report all
 1305  electronic mail addresses and all Internet identifiers before
 1306  prior to use, or who knowingly provides false registration
 1307  information by act or omission commits a felony of the third
 1308  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 1309  775.084.
 1310         Section 4. Subsections (1) and (2) of section 943.04354,
 1311  Florida Statutes, are amended to read:
 1312         943.04354 Removal of the requirement to register as a
 1313  sexual offender or sexual predator in special circumstances.—
 1314         (1) For purposes of this section, a person shall be
 1315  considered for removal of the requirement to register as a
 1316  sexual offender or sexual predator only if the person:
 1317         (a) Was convicted, regardless of adjudication, or
 1318  adjudicated delinquent of a violation of s. 794.011, s. 800.04,
 1319  s. 827.071, or s. 847.0135(5) or of a similar offense in another
 1320  jurisdiction and if the person does not have any other
 1321  conviction, regardless of adjudication, or adjudication of
 1322  delinquency for a violation of s. 794.011, s. 800.04, s.
 1323  827.071, or s. 847.0135(5) or for a similar offense in another
 1324  jurisdiction;
 1325         (b)1. Was convicted, regardless of adjudication, or
 1326  adjudicated delinquent of an offense listed in paragraph (a) and
 1327  is required to register as a sexual offender or sexual predator
 1328  solely on the basis of this conviction or adjudication; or
 1329         2. Was convicted, regardless of adjudication, or
 1330  adjudicated delinquent of an offense in another jurisdiction
 1331  which is similar to an offense listed in paragraph (a) and no
 1332  longer meets the criteria for registration as a sexual offender
 1333  or sexual predator under the laws of the jurisdiction in which
 1334  the similar offense occurred; and
 1335         (c) Is not more than 4 years older than the victim of this
 1336  violation who was 13 years of age or older but younger than 18
 1337  years of age at the time the person committed this violation.
 1338         (2)(a) If a person meets the criteria in subsection (1),
 1339  the person may, for the purpose of removing the requirement that
 1340  he or she register as a sexual offender or sexual predator, move
 1341  the criminal division of the circuit court of the circuit:
 1342         1. the person may move the criminal division of the circuit
 1343  court of the circuit Where the conviction or adjudication for
 1344  the qualifying offense occurred for a conviction in this state;
 1345         2. Where the sexual offender or sexual predator resides for
 1346  a conviction for a violation of similar law of another
 1347  jurisdiction; or
 1348         3. Where the sexual offender or sexual predator last
 1349  resided for a sexual offender or sexual predator with a
 1350  conviction of a violation of a similar law of another
 1351  jurisdiction who no longer resides in this state to remove the
 1352  requirement that the person register as a sexual offender or
 1353  sexual predator.
 1354         (b) The person must allege in the motion that he or she
 1355  meets the criteria in subsection (1) and that removal of the
 1356  registration requirement will not conflict with federal law that
 1357  requires that the sexual act be consensual, notwithstanding the
 1358  age of the victim. A person convicted or adjudicated delinquent
 1359  of an offense in another jurisdiction which is similar to an
 1360  offense listed in paragraph (1)(a) must provide the court
 1361  written confirmation that he or she is not required to register
 1362  in the jurisdiction in which the conviction or adjudication
 1363  occurred. The state attorney and the department must be given
 1364  notice of the motion at least 21 days before the date of
 1365  sentencing, disposition of the violation, or hearing on the
 1366  motion and may present evidence in opposition to the requested
 1367  relief or may otherwise demonstrate why the motion should be
 1368  denied. At sentencing, disposition of the violation, or hearing
 1369  on the motion, the court shall rule on the motion, and, if the
 1370  court determines the person meets the criteria in subsection (1)
 1371  and the removal of the registration requirement will not
 1372  conflict with federal law that requires that the sexual act be
 1373  consensual, notwithstanding the age of the victim, it may grant
 1374  the motion and order the removal of the registration
 1375  requirement. The court shall instruct the person to provide the
 1376  department a certified copy of the order granting relief. If the
 1377  court denies the motion, the person is not authorized under this
 1378  section to file another motion for removal of the registration
 1379  requirement.
 1380         Section 5. Subsection (1) of section 944.606, Florida
 1381  Statutes, is reordered and amended, and paragraph (a) of
 1382  subsection (3) of that section is amended, to read:
 1383         944.606 Sexual offenders; notification upon release.—
 1384         (1) As used in this section, the term:
 1385         (a) “Convicted” means there has been a determination of
 1386  guilt as a result of a trial or the entry of a plea of guilty or
 1387  nolo contendere, regardless of whether adjudication is withheld.
 1388  A conviction for a similar offense includes, but is not limited
 1389  to, a conviction by a federal or military tribunal, including
 1390  courts-martial conducted by the Armed Forces of the United
 1391  States, and includes a conviction or entry of a plea of guilty
 1392  or nolo contendere resulting in a sanction in any state of the
 1393  United States or other jurisdiction. A sanction includes, but is
 1394  not limited to, a fine; probation; community control; parole;
 1395  conditional release; control release; or incarceration in a
 1396  state prison, federal prison, private correctional facility, or
 1397  local detention facility.
 1398         (f)(b) “Sexual offender” means a person who has been
 1399  convicted of committing, or attempting, soliciting, or
 1400  conspiring to commit, any of the criminal offenses proscribed in
 1401  the following statutes in this state or similar offenses in
 1402  another jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01,
 1403  s. 787.02, or s. 787.025(2)(c), where the victim is a minor and
 1404  the defendant is not the victim’s parent or guardian; s.
 1405  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 1406  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 1407  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 1408  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1409  847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
 1410  985.701(1); or any similar offense committed in this state which
 1411  has been redesignated from a former statute number to one of
 1412  those listed in this subsection, when the department has
 1413  received verified information regarding such conviction; an
 1414  offender’s computerized criminal history record is not, in and
 1415  of itself, verified information.
 1416         (b)(c) “Electronic mail address” has the same meaning as
 1417  provided in s. 668.602.
 1418         (c)(d) “Internet identifier” has the same meaning as
 1419  provided in s. 775.21.
 1420         (d) “Permanent residence,” “temporary residence,” and
 1421  “transient residence” have the same meaning as provided in s.
 1422  775.21.
 1423         (e) “Professional license” has the same meaning as provided
 1424  in s. 775.21.
 1425         (3)(a) The department shall provide information regarding
 1426  any sexual offender who is being released after serving a period
 1427  of incarceration for any offense, as follows:
 1428         1. The department shall provide: the sexual offender’s
 1429  name, any change in the offender’s name by reason of marriage or
 1430  other legal process, and any alias, if known; the correctional
 1431  facility from which the sexual offender is released; the sexual
 1432  offender’s social security number, race, sex, date of birth,
 1433  height, weight, and hair and eye color; tattoos or other
 1434  identifying marks; address of any planned permanent residence or
 1435  temporary residence, within the state or out of state, including
 1436  a rural route address and a post office box; if no permanent or
 1437  temporary address, any transient residence within the state;
 1438  address, location or description, and dates of any known future
 1439  temporary residence within the state or out of state; date and
 1440  county of sentence and each crime for which the offender was
 1441  sentenced; a copy of the offender’s fingerprints, palm prints,
 1442  and a digitized photograph taken within 60 days before release;
 1443  the date of release of the sexual offender; all electronic mail
 1444  addresses and all Internet identifiers required to be provided
 1445  pursuant to s. 943.0435(4)(e); employment information, if known,
 1446  provided pursuant to s. 943.0435(4)(e); all home telephone
 1447  numbers and cellular telephone numbers required to be provided
 1448  pursuant to s. 943.0435(4)(e); information about any
 1449  professional licenses the offender has, if known; and passport
 1450  information, if he or she has a passport, and, if he or she is
 1451  an alien, information about documents establishing his or her
 1452  immigration status. The department shall notify the Department
 1453  of Law Enforcement if the sexual offender escapes, absconds, or
 1454  dies. If the sexual offender is in the custody of a private
 1455  correctional facility, the facility shall take the digitized
 1456  photograph of the sexual offender within 60 days before the
 1457  sexual offender’s release and provide this photograph to the
 1458  Department of Corrections and also place it in the sexual
 1459  offender’s file. If the sexual offender is in the custody of a
 1460  local jail, the custodian of the local jail shall register the
 1461  offender within 3 business days after intake of the offender for
 1462  any reason and upon release, and shall notify the Department of
 1463  Law Enforcement of the sexual offender’s release and provide to
 1464  the Department of Law Enforcement the information specified in
 1465  this paragraph and any information specified in subparagraph 2.
 1466  that the Department of Law Enforcement requests.
 1467         2. The department may provide any other information deemed
 1468  necessary, including criminal and corrections records,
 1469  nonprivileged personnel and treatment records, when available.
 1470         Section 6. Subsection (1) of section 944.607, Florida
 1471  Statutes, is reordered and amended, and subsections (4) and (13)
 1472  of that section are amended, to read:
 1473         944.607 Notification to Department of Law Enforcement of
 1474  information on sexual offenders.—
 1475         (1) As used in this section, the term:
 1476         (f)(a) “Sexual offender” means a person who is in the
 1477  custody or control of, or under the supervision of, the
 1478  department or is in the custody of a private correctional
 1479  facility:
 1480         1. On or after October 1, 1997, as a result of a conviction
 1481  for committing, or attempting, soliciting, or conspiring to
 1482  commit, any of the criminal offenses proscribed in the following
 1483  statutes in this state or similar offenses in another
 1484  jurisdiction: s. 393.135(2); s. 394.4593(2); s. 787.01, s.
 1485  787.02, or s. 787.025(2)(c), where the victim is a minor and the
 1486  defendant is not the victim’s parent or guardian; s.
 1487  787.06(3)(b), (d), (f), or (g); former s. 787.06(3)(h); s.
 1488  794.011, excluding s. 794.011(10); s. 794.05; former s. 796.03;
 1489  former s. 796.035; s. 800.04; s. 810.145(8); s. 825.1025; s.
 1490  827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(6); s.
 1491  847.0137; s. 847.0138; s. 847.0145; s. 916.1075(2); or s.
 1492  985.701(1); or any similar offense committed in this state which
 1493  has been redesignated from a former statute number to one of
 1494  those listed in this paragraph; or
 1495         2. Who establishes or maintains a residence in this state
 1496  and who has not been designated as a sexual predator by a court
 1497  of this state but who has been designated as a sexual predator,
 1498  as a sexually violent predator, or by another sexual offender
 1499  designation in another state or jurisdiction and was, as a
 1500  result of such designation, subjected to registration or
 1501  community or public notification, or both, or would be if the
 1502  person were a resident of that state or jurisdiction, without
 1503  regard as to whether the person otherwise meets the criteria for
 1504  registration as a sexual offender.
 1505         (g)(b) “Vehicles owned” has the same meaning as provided in
 1506  s. 775.21.
 1507         (b)(c) “Conviction” means a determination of guilt which is
 1508  the result of a trial or the entry of a plea of guilty or nolo
 1509  contendere, regardless of whether adjudication is withheld.
 1510  Conviction of a similar offense includes, but is not limited to,
 1511  a conviction by a federal or military tribunal, including
 1512  courts-martial conducted by the Armed Forces of the United
 1513  States, and includes a conviction or entry of a plea of guilty
 1514  or nolo contendere resulting in a sanction in any state of the
 1515  United States or other jurisdiction. A sanction includes, but is
 1516  not limited to, a fine; probation; community control; parole;
 1517  conditional release; control release; or incarceration in a
 1518  state prison, federal prison, private correctional facility, or
 1519  local detention facility.
 1520         (d) “Institution of higher education” has the same meaning
 1521  as provided in s. 775.21 means a career center, community
 1522  college, college, state university, or independent postsecondary
 1523  institution.
 1524         (a)(e) “Change in enrollment or employment status at an
 1525  institution of higher education” has the same meaning as
 1526  provided in s. 775.21 means the commencement or termination of
 1527  enrollment or employment or a change in location of enrollment
 1528  or employment.
 1529         (c)(f) “Electronic mail address” has the same meaning as
 1530  provided in s. 668.602.
 1531         (e)(g) “Internet identifier” has the same meaning as
 1532  provided in s. 775.21.
 1533         (4) A sexual offender, as described in this section, who is
 1534  under the supervision of the Department of Corrections but is
 1535  not incarcerated shall register with the Department of
 1536  Corrections within 3 business days after sentencing for a
 1537  registrable offense and otherwise provide information as
 1538  required by this subsection.
 1539         (a) The sexual offender shall provide his or her name; date
 1540  of birth; social security number; race; sex; height; weight;
 1541  hair and eye color; tattoos or other identifying marks; all
 1542  electronic mail addresses and Internet identifiers required to
 1543  be provided pursuant to s. 943.0435(4)(e); employment
 1544  information required to be provided pursuant to s.
 1545  943.0435(4)(e); all home telephone numbers and cellular
 1546  telephone numbers required to be provided pursuant to s.
 1547  943.0435(4)(e); the make, model, color, vehicle identification
 1548  number (VIN), and license tag number of all vehicles owned;
 1549  permanent or legal residence and address of temporary residence
 1550  within the state or out of state while the sexual offender is
 1551  under supervision in this state, including any rural route
 1552  address or post office box; if no permanent or temporary
 1553  address, any transient residence within the state; and address,
 1554  location or description, and dates of any current or known
 1555  future temporary residence within the state or out of state. The
 1556  sexual offender shall also produce his or her passport, if he or
 1557  she has a passport, and, if he or she is an alien, shall produce
 1558  or provide information about documents establishing his or her
 1559  immigration status. The sexual offender shall also provide
 1560  information about any professional licenses he or she has. The
 1561  Department of Corrections shall verify the address of each
 1562  sexual offender in the manner described in ss. 775.21 and
 1563  943.0435. The department shall report to the Department of Law
 1564  Enforcement any failure by a sexual predator or sexual offender
 1565  to comply with registration requirements.
 1566         (b) If the sexual offender is enrolled or, employed,
 1567  whether for compensation or as a volunteer volunteering, or
 1568  carrying on a vocation at an institution of higher education in
 1569  this state, the sexual offender shall provide the name, address,
 1570  and county of each institution, including each campus attended,
 1571  and the sexual offender’s enrollment, volunteer, or employment
 1572  status required to be provided pursuant to s. 943.0435(4)(e).
 1573  Each change in enrollment, volunteer, or employment status at an
 1574  institution of higher education must be reported to the
 1575  department within 48 hours after the change in status at an
 1576  institution of higher education as provided pursuant to s.
 1577  943.0435(4)(e). The Department of Corrections shall promptly
 1578  notify each institution of the sexual offender’s presence and
 1579  any change in the sexual offender’s enrollment, volunteer, or
 1580  employment status.
 1581         (c) A sexual offender shall report in person to the
 1582  sheriff’s office within 48 hours after any change in vehicles
 1583  owned to report those vehicle information changes.
 1584         (13)(a) A sexual offender must report in person each year
 1585  during the month of the sexual offender’s birthday and during
 1586  the sixth month following the sexual offender’s birth month to
 1587  the sheriff’s office in the county in which he or she resides or
 1588  is otherwise located to reregister.
 1589         (b) However, a sexual offender who is required to register
 1590  as a result of a conviction for:
 1591         1. Section 787.01 or s. 787.02 where the victim is a minor
 1592  and the offender is not the victim’s parent or guardian;
 1593         2. Section 794.011, excluding s. 794.011(10);
 1594         3. Section 800.04(4)(a)2. where the victim is under 12
 1595  years of age or where the court finds sexual activity by the use
 1596  of force or coercion;
 1597         4. Section 800.04(5)(b);
 1598         5. Section 800.04(5)(c)1. where the court finds molestation
 1599  involving unclothed genitals or genital area;
 1600         6. Section 800.04(5)(c)2. where the court finds molestation
 1601  involving use of force or coercion and unclothed genitals or
 1602  genital area;
 1603         7. Section 800.04(5)(d) where the court finds the use of
 1604  force or coercion and unclothed genitals or genital area;
 1605         8. Section 825.1025(2)(a);
 1606         9.8. Any attempt or conspiracy to commit such offense;
 1607         10.9. A violation of a similar law of another jurisdiction;
 1608  or
 1609         11.10. A violation of a similar offense committed in this
 1610  state which has been redesignated from a former statute number
 1611  to one of those listed in this paragraph,
 1612  
 1613  must reregister each year during the month of the sexual
 1614  offender’s birthday and every third month thereafter.
 1615         (c) The sheriff’s office may determine the appropriate
 1616  times and days for reporting by the sexual offender, which must
 1617  be consistent with the reporting requirements of this
 1618  subsection. Reregistration must include any changes to the
 1619  following information:
 1620         1. Name; social security number; age; race; sex; date of
 1621  birth; height; weight; tattoos or other identifying marks; hair
 1622  and eye color; address of any permanent residence and address of
 1623  any current temporary residence, within the state or out of
 1624  state, including a rural route address and a post office box; if
 1625  no permanent or temporary address, any transient residence;
 1626  address, location or description, and dates of any current or
 1627  known future temporary residence within the state or out of
 1628  state; all electronic mail addresses and Internet identifiers
 1629  required to be provided pursuant to s. 943.0435(4)(e); all home
 1630  telephone numbers and cellular telephone numbers required to be
 1631  provided pursuant to s. 943.0435(4)(e); date and place of any
 1632  employment information required to be provided pursuant to s.
 1633  943.0435(4)(e); the make, model, color, vehicle identification
 1634  number (VIN), and license tag number of all vehicles owned;
 1635  fingerprints; palm prints; and photograph. A post office box may
 1636  not be provided in lieu of a physical residential address. The
 1637  sexual offender shall also produce his or her passport, if he or
 1638  she has a passport, and, if he or she is an alien, shall produce
 1639  or provide information about documents establishing his or her
 1640  immigration status. The sexual offender shall also provide
 1641  information about any professional licenses he or she has.
 1642         2. If the sexual offender is enrolled or, employed, whether
 1643  for compensation or as a volunteer volunteering, or carrying on
 1644  a vocation at an institution of higher education in this state,
 1645  the sexual offender shall also provide to the department the
 1646  name, address, and county of each institution, including each
 1647  campus attended, and the sexual offender’s enrollment,
 1648  volunteer, or employment status.
 1649         3. If the sexual offender’s place of residence is a motor
 1650  vehicle, trailer, mobile home, or manufactured home, as defined
 1651  in chapter 320, the sexual offender shall also provide the
 1652  vehicle identification number; the license tag number; the
 1653  registration number; and a description, including color scheme,
 1654  of the motor vehicle, trailer, mobile home, or manufactured
 1655  home. If the sexual offender’s place of residence is a vessel,
 1656  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1657  sexual offender shall also provide the hull identification
 1658  number; the manufacturer’s serial number; the name of the
 1659  vessel, live-aboard vessel, or houseboat; the registration
 1660  number; and a description, including color scheme, of the
 1661  vessel, live-aboard vessel or houseboat.
 1662         4. Any sexual offender who fails to report in person as
 1663  required at the sheriff’s office, who fails to respond to any
 1664  address verification correspondence from the department within 3
 1665  weeks of the date of the correspondence, who fails to report all
 1666  electronic mail addresses or Internet identifiers before prior
 1667  to use, or who knowingly provides false registration information
 1668  by act or omission commits a felony of the third degree,
 1669  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1670         (d) The sheriff’s office shall, within 2 working days,
 1671  electronically submit and update all information provided by the
 1672  sexual offender to the Department of Law Enforcement in a manner
 1673  prescribed by that department.
 1674         Section 7. Subsection (1) and paragraph (a) of subsection
 1675  (3) of section 985.481, Florida Statutes, are amended to read:
 1676         985.481 Sexual offenders adjudicated delinquent;
 1677  notification upon release.—
 1678         (1) As used in this section:
 1679         (a) “Convicted” has the same meaning as provided in s.
 1680  943.0435.
 1681         (b) “Electronic mail address” has the same meaning as
 1682  provided in s. 668.602.
 1683         (c)(b) “Internet identifier” has the same meaning as
 1684  provided in s. 775.21.
 1685         (d) “Permanent residence,” “temporary residence,” and
 1686  “transient residence” have the same meaning as provided in s.
 1687  775.21.
 1688         (e) “Professional license” has the same meaning as provided
 1689  in s. 775.21.
 1690         (f)(c) “Sexual offender” means a person who has been
 1691  adjudicated delinquent as provided in s. 943.0435(1)(h)1.d. s.
 1692  943.0435(1)(a)1.d.
 1693         (g)(d) “Vehicles owned” has the same meaning as provided in
 1694  s. 775.21.
 1695         (3)(a) The department shall provide information regarding
 1696  any sexual offender who is being released after serving a period
 1697  of residential commitment under the department for any offense,
 1698  as follows:
 1699         1. The department shall provide the sexual offender’s name,
 1700  any change in the offender’s name by reason of marriage or other
 1701  legal process, and any alias, if known; the correctional
 1702  facility from which the sexual offender is released; the sexual
 1703  offender’s social security number, race, sex, date of birth,
 1704  height, weight, and hair and eye color; tattoos or other
 1705  identifying marks; the make, model, color, vehicle
 1706  identification number (VIN), and license tag number of all
 1707  vehicles owned; address of any planned permanent residence or
 1708  temporary residence, within the state or out of state, including
 1709  a rural route address and a post office box; if no permanent or
 1710  temporary address, any transient residence within the state;
 1711  address, location or description, and dates of any known future
 1712  temporary residence within the state or out of state; date and
 1713  county of disposition and each crime for which there was a
 1714  disposition; a copy of the offender’s fingerprints, palm prints,
 1715  and a digitized photograph taken within 60 days before release;
 1716  the date of release of the sexual offender; all home telephone
 1717  numbers and cellular telephone numbers required to be provided
 1718  pursuant to s. 943.0435(4)(e); all electronic mail addresses and
 1719  Internet identifiers required to be provided pursuant to s.
 1720  943.0435(4)(e); information about any professional licenses the
 1721  offender has, if known; and passport information, if he or she
 1722  has a passport, and, if he or she is an alien, information about
 1723  documents establishing his or her immigration status. The
 1724  department shall notify the Department of Law Enforcement if the
 1725  sexual offender escapes, absconds, or dies. If the sexual
 1726  offender is in the custody of a private correctional facility,
 1727  the facility shall take the digitized photograph of the sexual
 1728  offender within 60 days before the sexual offender’s release and
 1729  also place it in the sexual offender’s file. If the sexual
 1730  offender is in the custody of a local jail, the custodian of the
 1731  local jail shall register the offender within 3 business days
 1732  after intake of the offender for any reason and upon release,
 1733  and shall notify the Department of Law Enforcement of the sexual
 1734  offender’s release and provide to the Department of Law
 1735  Enforcement the information specified in this subparagraph and
 1736  any information specified in subparagraph 2. which the
 1737  Department of Law Enforcement requests.
 1738         2. The department may provide any other information
 1739  considered necessary, including criminal and delinquency
 1740  records, when available.
 1741         Section 8. Subsections (1), (4), and (13) of section
 1742  985.4815, Florida Statutes, are amended, and paragraph (c) of
 1743  subsection (10) is republished, to read:
 1744         985.4815 Notification to Department of Law Enforcement of
 1745  information on juvenile sexual offenders.—
 1746         (1) As used in this section, the term:
 1747         (a) “Change in enrollment or employment status at an
 1748  institution of higher education” has the same meaning as
 1749  provided in s. 775.21 means the commencement or termination of
 1750  enrollment or employment or a change in location of enrollment
 1751  or employment.
 1752         (b) “Conviction” has the same meaning as provided in s.
 1753  943.0435.
 1754         (c) “Electronic mail address” has the same meaning as
 1755  provided in s. 668.602.
 1756         (d)(c) “Institution of higher education” has the same
 1757  meaning as provided in s. 775.21 means a career center,
 1758  community college, college, state university, or independent
 1759  postsecondary institution.
 1760         (e)(d) “Internet identifier” has the same meaning as
 1761  provided in s. 775.21.
 1762         (f) “Permanent residence,” “temporary residence,” and
 1763  “transient residence” have the same meaning as provided in s.
 1764  775.21.
 1765         (g) “Professional license” has the same meaning as provided
 1766  in s. 775.21.
 1767         (h)(e) “Sexual offender” means a person who is in the care
 1768  or custody or under the jurisdiction or supervision of the
 1769  department or is in the custody of a private correctional
 1770  facility and who:
 1771         1. Has been adjudicated delinquent as provided in s.
 1772  943.0435(1)(h)1.d. s. 943.0435(1)(a)1.d.; or
 1773         2. Establishes or maintains a residence in this state and
 1774  has not been designated as a sexual predator by a court of this
 1775  state but has been designated as a sexual predator, as a
 1776  sexually violent predator, or by another sexual offender
 1777  designation in another state or jurisdiction and was, as a
 1778  result of such designation, subjected to registration or
 1779  community or public notification, or both, or would be if the
 1780  person were a resident of that state or jurisdiction, without
 1781  regard to whether the person otherwise meets the criteria for
 1782  registration as a sexual offender.
 1783         (i)(f) “Vehicles owned” has the same meaning as provided in
 1784  s. 775.21.
 1785         (4) A sexual offender, as described in this section, who is
 1786  under the supervision of the department but who is not committed
 1787  shall register with the department within 3 business days after
 1788  adjudication and disposition for a registrable offense and
 1789  otherwise provide information as required by this subsection.
 1790         (a) The sexual offender shall provide his or her name; date
 1791  of birth; social security number; race; sex; height; weight;
 1792  hair and eye color; tattoos or other identifying marks; the
 1793  make, model, color, vehicle identification number (VIN), and
 1794  license tag number of all vehicles owned; permanent or legal
 1795  residence and address of temporary residence within the state or
 1796  out of state while the sexual offender is in the care or custody
 1797  or under the jurisdiction or supervision of the department in
 1798  this state, including any rural route address or post office
 1799  box; if no permanent or temporary address, any transient
 1800  residence; address, location or description, and dates of any
 1801  current or known future temporary residence within the state or
 1802  out of state; all home telephone numbers and cellular telephone
 1803  numbers required to be provided pursuant to s. 943.0435(4)(e);
 1804  all electronic mail addresses and Internet identifiers required
 1805  to be provided pursuant to s. 943.0435(4)(e); and the name and
 1806  address of each school attended. The sexual offender shall also
 1807  produce his or her passport, if he or she has a passport, and,
 1808  if he or she is an alien, shall produce or provide information
 1809  about documents establishing his or her immigration status. The
 1810  offender shall also provide information about any professional
 1811  licenses he or she has. The department shall verify the address
 1812  of each sexual offender and shall report to the Department of
 1813  Law Enforcement any failure by a sexual offender to comply with
 1814  registration requirements.
 1815         (b) If the sexual offender is enrolled or, employed,
 1816  whether for compensation or as a volunteer volunteering, or
 1817  carrying on a vocation at an institution of higher education in
 1818  this state, the sexual offender shall provide the name, address,
 1819  and county of each institution, including each campus attended,
 1820  and the sexual offender’s enrollment, volunteer, or employment
 1821  status. Each change in enrollment, volunteer, or employment
 1822  status at an institution of higher education must be reported to
 1823  the department within 48 hours after the change in status at an
 1824  institution of higher education. The department shall promptly
 1825  notify each institution of the sexual offender’s presence and
 1826  any change in the sexual offender’s enrollment, volunteer, or
 1827  employment status.
 1828         (c) A sexual offender shall report in person to the
 1829  sheriff’s office within 48 hours after any change in vehicles
 1830  owned to report those vehicle information changes.
 1831         (10)
 1832         (c) An arrest on charges of failure to register when the
 1833  offender has been provided and advised of his or her statutory
 1834  obligations to register under s. 943.0435(2), the service of an
 1835  information or a complaint for a violation of this section, or
 1836  an arraignment on charges for a violation of this section
 1837  constitutes actual notice of the duty to register. A sexual
 1838  offender’s failure to immediately register as required by this
 1839  section following such arrest, service, or arraignment
 1840  constitutes grounds for a subsequent charge of failure to
 1841  register. A sexual offender charged with the crime of failure to
 1842  register who asserts, or intends to assert, a lack of notice of
 1843  the duty to register as a defense to a charge of failure to
 1844  register shall immediately register as required by this section.
 1845  A sexual offender who is charged with a subsequent failure to
 1846  register may not assert the defense of a lack of notice of the
 1847  duty to register.
 1848         (13)(a) A sexual offender must report in person each year
 1849  during the month of the sexual offender’s birthday and during
 1850  every third month thereafter to the sheriff’s office in the
 1851  county in which he or she resides or is otherwise located to
 1852  reregister.
 1853         (b) The sheriff’s office may determine the appropriate
 1854  times and days for reporting by the sexual offender, which must
 1855  be consistent with the reporting requirements of this
 1856  subsection. Reregistration must include any changes to the
 1857  following information:
 1858         1. Name; social security number; age; race; sex; date of
 1859  birth; height; weight; hair and eye color; tattoos or other
 1860  identifying marks; fingerprints; palm prints; address of any
 1861  permanent residence and address of any current temporary
 1862  residence, within the state or out of state, including a rural
 1863  route address and a post office box; if no permanent or
 1864  temporary address, any transient residence; address, location or
 1865  description, and dates of any current or known future temporary
 1866  residence within the state or out of state; passport
 1867  information, if he or she has a passport, and, if he or she is
 1868  an alien, information about documents establishing his or her
 1869  immigration status; all home telephone numbers and cellular
 1870  telephone numbers required to be provided pursuant to s.
 1871  943.0435(4)(e); all electronic mail addresses and Internet
 1872  identifiers required to be provided pursuant to s.
 1873  943.0435(4)(e); name and address of each school attended; date
 1874  and place of any employment information required to be provided
 1875  pursuant to s. 943.0435(4)(e); the make, model, color, vehicle
 1876  identification number (VIN), and license tag number of all
 1877  vehicles owned; and photograph. A post office box may not be
 1878  provided in lieu of a physical residential address. The offender
 1879  shall also provide information about any professional licenses
 1880  he or she has.
 1881         2. If the sexual offender is enrolled or, employed, whether
 1882  for compensation or as a volunteer volunteering, or carrying on
 1883  a vocation at an institution of higher education in this state,
 1884  the sexual offender shall also provide to the department the
 1885  name, address, and county of each institution, including each
 1886  campus attended, and the sexual offender’s enrollment,
 1887  volunteer, or employment status.
 1888         3. If the sexual offender’s place of residence is a motor
 1889  vehicle, trailer, mobile home, or manufactured home, as defined
 1890  in chapter 320, the sexual offender shall also provide the
 1891  vehicle identification number; the license tag number; the
 1892  registration number; and a description, including color scheme,
 1893  of the motor vehicle, trailer, mobile home, or manufactured
 1894  home. If the sexual offender’s place of residence is a vessel,
 1895  live-aboard vessel, or houseboat, as defined in chapter 327, the
 1896  sexual offender shall also provide the hull identification
 1897  number; the manufacturer’s serial number; the name of the
 1898  vessel, live-aboard vessel, or houseboat; the registration
 1899  number; and a description, including color scheme, of the
 1900  vessel, live-aboard vessel, or houseboat.
 1901         4. Any sexual offender who fails to report in person as
 1902  required at the sheriff’s office, who fails to respond to any
 1903  address verification correspondence from the department within 3
 1904  weeks after the date of the correspondence, or who knowingly
 1905  provides false registration information by act or omission
 1906  commits a felony of the third degree, punishable as provided in
 1907  ss. 775.082, 775.083, and 775.084.
 1908         (c) The sheriff’s office shall, within 2 working days,
 1909  electronically submit and update all information provided by the
 1910  sexual offender to the Department of Law Enforcement in a manner
 1911  prescribed by that department.
 1912         Section 9. Paragraph (b) of subsection (1) of section
 1913  92.55, Florida Statutes, is amended to read:
 1914         92.55 Judicial or other proceedings involving victim or
 1915  witness under the age of 16, a person who has an intellectual
 1916  disability, or a sexual offense victim or witness; special
 1917  protections; use of registered service or therapy animals.—
 1918         (1) For purposes of this section, the term:
 1919         (b) “Sexual offense” means any offense specified in s.
 1920  775.21(4)(a)1. or s. 943.0435(1)(h)1.a.(I) s.
 1921  943.0435(1)(a)1.a.(I).
 1922         Section 10. Subsection (2) of section 775.0862, Florida
 1923  Statutes, is amended to read:
 1924         775.0862 Sexual offenses against students by authority
 1925  figures; reclassification.—
 1926         (2) The felony degree of a violation of an offense listed
 1927  in s. 943.0435(1)(h)1.a. s. 943.0435(1)(a)1.a., unless the
 1928  offense is a violation of s. 794.011(4)(e)7. or s.
 1929  810.145(8)(a)2., shall be reclassified as provided in this
 1930  section if the offense is committed by an authority figure of a
 1931  school against a student of the school.
 1932         Section 11. Subsection (3) of section 943.0515, Florida
 1933  Statutes, is amended to read:
 1934         943.0515 Retention of criminal history records of minors.—
 1935         (3) Notwithstanding any other provision of this section,
 1936  the Criminal Justice Information Program shall retain the
 1937  criminal history record of a minor adjudicated delinquent for a
 1938  violation committed on or after July 1, 2007, as provided in s.
 1939  943.0435(1)(h)1.d. s. 943.0435(1)(a)1.d. Such records may not be
 1940  destroyed and must be merged with the person’s adult criminal
 1941  history record and retained as a part of the person’s adult
 1942  record.
 1943         Section 12. Subsection (12) of section 947.1405, Florida
 1944  Statutes, is amended to read:
 1945         947.1405 Conditional release program.—
 1946         (12) In addition to all other conditions imposed, for a
 1947  releasee who is subject to conditional release for a crime that
 1948  was committed on or after May 26, 2010, and who has been
 1949  convicted at any time of committing, or attempting, soliciting,
 1950  or conspiring to commit, any of the criminal offenses listed in
 1951  s. 943.0435(1)(h)1.a.(I) s. 943.0435(1)(a)1.a.(I), or a similar
 1952  offense in another jurisdiction against a victim who was under
 1953  18 years of age at the time of the offense, if the releasee has
 1954  not received a pardon for any felony or similar law of another
 1955  jurisdiction necessary for the operation of this subsection, if
 1956  a conviction of a felony or similar law of another jurisdiction
 1957  necessary for the operation of this subsection has not been set
 1958  aside in any postconviction proceeding, or if the releasee has
 1959  not been removed from the requirement to register as a sexual
 1960  offender or sexual predator pursuant to s. 943.04354, the
 1961  commission must impose the following conditions:
 1962         (a) A prohibition on visiting schools, child care
 1963  facilities, parks, and playgrounds without prior approval from
 1964  the releasee’s supervising officer. The commission may also
 1965  designate additional prohibited locations to protect a victim.
 1966  The prohibition ordered under this paragraph does not prohibit
 1967  the releasee from visiting a school, child care facility, park,
 1968  or playground for the sole purpose of attending a religious
 1969  service as defined in s. 775.0861 or picking up or dropping off
 1970  the releasee’s child or grandchild at a child care facility or
 1971  school.
 1972         (b) A prohibition on distributing candy or other items to
 1973  children on Halloween; wearing a Santa Claus costume, or other
 1974  costume to appeal to children, on or preceding Christmas;
 1975  wearing an Easter Bunny costume, or other costume to appeal to
 1976  children, on or preceding Easter; entertaining at children’s
 1977  parties; or wearing a clown costume without prior approval from
 1978  the commission.
 1979         Section 13. Subsection (4) of section 948.30, Florida
 1980  Statutes, is amended to read:
 1981         948.30 Additional terms and conditions of probation or
 1982  community control for certain sex offenses.—Conditions imposed
 1983  pursuant to this section do not require oral pronouncement at
 1984  the time of sentencing and shall be considered standard
 1985  conditions of probation or community control for offenders
 1986  specified in this section.
 1987         (4) In addition to all other conditions imposed, for a
 1988  probationer or community controllee who is subject to
 1989  supervision for a crime that was committed on or after May 26,
 1990  2010, and who has been convicted at any time of committing, or
 1991  attempting, soliciting, or conspiring to commit, any of the
 1992  criminal offenses listed in s. 943.0435(1)(h)1.a.(I) s.
 1993  943.0435(1)(a)1.a.(I), or a similar offense in another
 1994  jurisdiction, against a victim who was under the age of 18 at
 1995  the time of the offense; if the offender has not received a
 1996  pardon for any felony or similar law of another jurisdiction
 1997  necessary for the operation of this subsection, if a conviction
 1998  of a felony or similar law of another jurisdiction necessary for
 1999  the operation of this subsection has not been set aside in any
 2000  postconviction proceeding, or if the offender has not been
 2001  removed from the requirement to register as a sexual offender or
 2002  sexual predator pursuant to s. 943.04354, the court must impose
 2003  the following conditions:
 2004         (a) A prohibition on visiting schools, child care
 2005  facilities, parks, and playgrounds, without prior approval from
 2006  the offender’s supervising officer. The court may also designate
 2007  additional locations to protect a victim. The prohibition
 2008  ordered under this paragraph does not prohibit the offender from
 2009  visiting a school, child care facility, park, or playground for
 2010  the sole purpose of attending a religious service as defined in
 2011  s. 775.0861 or picking up or dropping off the offender’s
 2012  children or grandchildren at a child care facility or school.
 2013         (b) A prohibition on distributing candy or other items to
 2014  children on Halloween; wearing a Santa Claus costume, or other
 2015  costume to appeal to children, on or preceding Christmas;
 2016  wearing an Easter Bunny costume, or other costume to appeal to
 2017  children, on or preceding Easter; entertaining at children’s
 2018  parties; or wearing a clown costume; without prior approval from
 2019  the court.
 2020         Section 14. Section 948.31, Florida Statutes, is amended to
 2021  read:
 2022         948.31 Evaluation and treatment of sexual predators and
 2023  offenders on probation or community control.—The court may
 2024  require any probationer or community controllee who is required
 2025  to register as a sexual predator under s. 775.21 or sexual
 2026  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 2027  an evaluation, at the probationer or community controllee’s
 2028  expense, by a qualified practitioner to determine whether such
 2029  probationer or community controllee needs sexual offender
 2030  treatment. If the qualified practitioner determines that sexual
 2031  offender treatment is needed and recommends treatment, the
 2032  probationer or community controllee must successfully complete
 2033  and pay for the treatment. Such treatment must be obtained from
 2034  a qualified practitioner as defined in s. 948.001. Treatment may
 2035  not be administered by a qualified practitioner who has been
 2036  convicted or adjudicated delinquent of committing, or
 2037  attempting, soliciting, or conspiring to commit, any offense
 2038  that is listed in s. 943.0435(1)(h)1.a.(I) s.
 2039  943.0435(1)(a)1.a.(I).
 2040         Section 15. Subsection (4) of section 1012.315, Florida
 2041  Statutes, is amended to read:
 2042         1012.315 Disqualification from employment.—A person is
 2043  ineligible for educator certification, and instructional
 2044  personnel and school administrators, as defined in s. 1012.01,
 2045  are ineligible for employment in any position that requires
 2046  direct contact with students in a district school system,
 2047  charter school, or private school that accepts scholarship
 2048  students under s. 1002.39 or s. 1002.395, if the person,
 2049  instructional personnel, or school administrator has been
 2050  convicted of:
 2051         (4) Any delinquent act committed in this state or any
 2052  delinquent or criminal act committed in another state or under
 2053  federal law which, if committed in this state, qualifies an
 2054  individual for inclusion on the Registered Juvenile Sex Offender
 2055  List under s. 943.0435(1)(h)1.d. s. 943.0435(1)(a)1.d.
 2056         Section 16. Paragraph (g) of subsection (2) of section
 2057  1012.467, Florida Statutes, is amended to read:
 2058         1012.467 Noninstructional contractors who are permitted
 2059  access to school grounds when students are present; background
 2060  screening requirements.—
 2061         (2)
 2062         (g) A noninstructional contractor for whom a criminal
 2063  history check is required under this section may not have been
 2064  convicted of any of the following offenses designated in the
 2065  Florida Statutes, any similar offense in another jurisdiction,
 2066  or any similar offense committed in this state which has been
 2067  redesignated from a former provision of the Florida Statutes to
 2068  one of the following offenses:
 2069         1. Any offense listed in s. 943.0435(1)(h)1. s.
 2070  943.0435(1)(a)1., relating to the registration of an individual
 2071  as a sexual offender.
 2072         2. Section 393.135, relating to sexual misconduct with
 2073  certain developmentally disabled clients and the reporting of
 2074  such sexual misconduct.
 2075         3. Section 394.4593, relating to sexual misconduct with
 2076  certain mental health patients and the reporting of such sexual
 2077  misconduct.
 2078         4. Section 775.30, relating to terrorism.
 2079         5. Section 782.04, relating to murder.
 2080         6. Section 787.01, relating to kidnapping.
 2081         7. Any offense under chapter 800, relating to lewdness and
 2082  indecent exposure.
 2083         8. Section 826.04, relating to incest.
 2084         9. Section 827.03, relating to child abuse, aggravated
 2085  child abuse, or neglect of a child.
 2086         Section 17. For the purpose of incorporating the amendment
 2087  made by this act to section 775.21, Florida Statutes, in a
 2088  reference thereto, section 938.085, Florida Statutes, is
 2089  reenacted to read:
 2090         938.085 Additional cost to fund rape crisis centers.—In
 2091  addition to any sanction imposed when a person pleads guilty or
 2092  nolo contendere to, or is found guilty of, regardless of
 2093  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 2094  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 2095  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 2096  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 2097  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 2098  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 2099  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 2100  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 2101  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 2102  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 2103  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 2104  $151. Payment of the surcharge shall be a condition of
 2105  probation, community control, or any other court-ordered
 2106  supervision. The sum of $150 of the surcharge shall be deposited
 2107  into the Rape Crisis Program Trust Fund established within the
 2108  Department of Health by chapter 2003-140, Laws of Florida. The
 2109  clerk of the court shall retain $1 of each surcharge that the
 2110  clerk of the court collects as a service charge of the clerk’s
 2111  office.
 2112         Section 18. For the purpose of incorporating the amendments
 2113  made by this act to sections 775.21 and 943.0435, Florida
 2114  Statutes, in references thereto, subsection (1) of section
 2115  794.056, Florida Statutes, is reenacted to read:
 2116         794.056 Rape Crisis Program Trust Fund.—
 2117         (1) The Rape Crisis Program Trust Fund is created within
 2118  the Department of Health for the purpose of providing funds for
 2119  rape crisis centers in this state. Trust fund moneys shall be
 2120  used exclusively for the purpose of providing services for
 2121  victims of sexual assault. Funds credited to the trust fund
 2122  consist of those funds collected as an additional court
 2123  assessment in each case in which a defendant pleads guilty or
 2124  nolo contendere to, or is found guilty of, regardless of
 2125  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 2126  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 2127  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 2128  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 2129  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 2130  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 2131  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 2132  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 2133  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 2134  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 2135  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 2136  fund also shall include revenues provided by law, moneys
 2137  appropriated by the Legislature, and grants from public or
 2138  private entities.
 2139         Section 19. For the purpose of incorporating the amendments
 2140  made by this act to sections 775.21, 943.0435, 944.607, and
 2141  985.4815, Florida Statutes, in references thereto, paragraph (g)
 2142  of subsection (3) of section 921.0022, Florida Statutes, is
 2143  reenacted to read:
 2144         921.0022 Criminal Punishment Code; offense severity ranking
 2145  chart.—
 2146         (3) OFFENSE SEVERITY RANKING CHART
 2147         (g) LEVEL 7
 2148  
 2149  FloridaStatute           FelonyDegree         Description         
 2150  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 2151  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 2152  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.
 2153  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 2154  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 2155  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 2156  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 2157  456.065(2)                    3rd     Practicing a health care profession without a license.
 2158  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 2159  458.327(1)                    3rd     Practicing medicine without a license.
 2160  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 2161  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 2162  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 2163  462.17                        3rd     Practicing naturopathy without a license.
 2164  463.015(1)                    3rd     Practicing optometry without a license.
 2165  464.016(1)                    3rd     Practicing nursing without a license.
 2166  465.015(2)                    3rd     Practicing pharmacy without a license.
 2167  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 2168  467.201                       3rd     Practicing midwifery without a license.
 2169  468.366                       3rd     Delivering respiratory care services without a license.
 2170  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 2171  483.901(9)                    3rd     Practicing medical physics without a license.
 2172  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 2173  484.053                       3rd     Dispensing hearing aids without a license.
 2174  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.
 2175  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.
 2176  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 2177  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 2178  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 2179  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 2180  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 2181  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 2182  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 2183  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 2184  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 2185  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 2186  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 2187  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 2188  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 2189  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 2190  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 2191  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 2192  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 2193  784.081(1)                    1st     Aggravated battery on specified official or employee.
 2194  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 2195  784.083(1)                    1st     Aggravated battery on code inspector.
 2196  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 2197  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.
 2198  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 2199  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 2200  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 2201  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 2202  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 2203  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 2204  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 2205  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.
 2206  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 2207  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 2208  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 2209  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.
 2210  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.
 2211  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 2212  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 2213  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 2214  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 2215  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 2216  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.
 2217  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 2218  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 2219  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 2220  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 2221  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 2222  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 2223  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 2224  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 2225  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 2226  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 2227  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 2228  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.
 2229  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 2230  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 2231  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.
 2232  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 2233  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 2234  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 2235  838.015                       2nd     Bribery.                    
 2236  838.016                       2nd     Unlawful compensation or reward for official behavior.
 2237  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 2238  838.22                        2nd     Bid tampering.              
 2239  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 2240  843.0855(3)                   3rd     Unlawful simulation of legal process.
 2241  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 2242  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 2243  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 2244  872.06                        2nd     Abuse of a dead human body. 
 2245  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 2246  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 2247  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.
 2248  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.
 2249  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).
 2250  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 2251  893.135 (1)(b)1.a.            1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 2252  893.135 (1)(c)1.a.            1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 2253  893.135 (1)(c)2.a.            1st     Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
 2254  893.135 (1)(c)2.b.            1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 2255  893.135 (1)(c)3.a.            1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 2256  893.135 (1)(c)3.b.            1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 2257  893.135(1)(d)1.               1st     Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
 2258  893.135(1)(e)1.           1st  Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
 2259  893.135(1)(f)1.               1st     Trafficking in amphetamine, more than 14 grams, less than 28 grams.
 2260  893.135 (1)(g)1.a.            1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 2261  893.135 (1)(h)1.a.            1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 2262  893.135 (1)(j)1.a.            1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 2263  893.135 (1)(k)2.a.            1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 2264  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 2265  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 2266  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 2267  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 2268  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 2269  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 2270  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2271  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2272  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 2273  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2274  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2275  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2276  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 2277  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 2278  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 2279         Section 20. For the purpose of incorporating the amendments
 2280  made by this act to sections 775.21, 943.0435, 944.606, 944.607,
 2281  985.481, and 985.4815, Florida Statutes, in references thereto,
 2282  paragraph (b) of subsection (6) of section 985.04, Florida
 2283  Statutes, is reenacted to read:
 2284         985.04 Oaths; records; confidential information.—
 2285         (6)
 2286         (b) Sexual offender and predator registration information
 2287  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 2288  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 2289  otherwise provided by law.
 2290         Section 21. For the purpose of incorporating the amendments
 2291  made by this act to sections 775.21, 943.0435, and 944.607,
 2292  Florida Statutes, in references thereto, subsections (3) and (4)
 2293  of section 322.141, Florida Statutes, are reenacted to read:
 2294         322.141 Color or markings of certain licenses or
 2295  identification cards.—
 2296         (3) All licenses for the operation of motor vehicles or
 2297  identification cards originally issued or reissued by the
 2298  department to persons who are designated as sexual predators
 2299  under s. 775.21 or subject to registration as sexual offenders
 2300  under s. 943.0435 or s. 944.607, or who have a similar
 2301  designation or are subject to a similar registration under the
 2302  laws of another jurisdiction, shall have on the front of the
 2303  license or identification card the following:
 2304         (a) For a person designated as a sexual predator under s.
 2305  775.21 or who has a similar designation under the laws of
 2306  another jurisdiction, the marking “SEXUAL PREDATOR.”
 2307         (b) For a person subject to registration as a sexual
 2308  offender under s. 943.0435 or s. 944.607, or subject to a
 2309  similar registration under the laws of another jurisdiction, the
 2310  marking “943.0435, F.S.”
 2311         (4) Unless previously secured or updated, each sexual
 2312  offender and sexual predator shall report to the department
 2313  during the month of his or her reregistration as required under
 2314  s. 775.21(8), s. 943.0435(14), or s. 944.607(13) in order to
 2315  obtain an updated or renewed driver license or identification
 2316  card as required by subsection (3).
 2317         Section 22. For the purpose of incorporating the amendments
 2318  made by this act to sections 775.21, 943.0435, and 944.607,
 2319  Florida Statutes, in references thereto, subsection (4) of
 2320  section 948.06, Florida Statutes, is reenacted to read:
 2321         948.06 Violation of probation or community control;
 2322  revocation; modification; continuance; failure to pay
 2323  restitution or cost of supervision.—
 2324         (4) Notwithstanding any other provision of this section, a
 2325  felony probationer or an offender in community control who is
 2326  arrested for violating his or her probation or community control
 2327  in a material respect may be taken before the court in the
 2328  county or circuit in which the probationer or offender was
 2329  arrested. That court shall advise him or her of the charge of a
 2330  violation and, if such charge is admitted, shall cause him or
 2331  her to be brought before the court that granted the probation or
 2332  community control. If the violation is not admitted by the
 2333  probationer or offender, the court may commit him or her or
 2334  release him or her with or without bail to await further
 2335  hearing. However, if the probationer or offender is under
 2336  supervision for any criminal offense proscribed in chapter 794,
 2337  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
 2338  registered sexual predator or a registered sexual offender, or
 2339  is under supervision for a criminal offense for which he or she
 2340  would meet the registration criteria in s. 775.21, s. 943.0435,
 2341  or s. 944.607 but for the effective date of those sections, the
 2342  court must make a finding that the probationer or offender is
 2343  not a danger to the public prior to release with or without
 2344  bail. In determining the danger posed by the offender’s or
 2345  probationer’s release, the court may consider the nature and
 2346  circumstances of the violation and any new offenses charged; the
 2347  offender’s or probationer’s past and present conduct, including
 2348  convictions of crimes; any record of arrests without conviction
 2349  for crimes involving violence or sexual crimes; any other
 2350  evidence of allegations of unlawful sexual conduct or the use of
 2351  violence by the offender or probationer; the offender’s or
 2352  probationer’s family ties, length of residence in the community,
 2353  employment history, and mental condition; his or her history and
 2354  conduct during the probation or community control supervision
 2355  from which the violation arises and any other previous
 2356  supervisions, including disciplinary records of previous
 2357  incarcerations; the likelihood that the offender or probationer
 2358  will engage again in a criminal course of conduct; the weight of
 2359  the evidence against the offender or probationer; and any other
 2360  facts the court considers relevant. The court, as soon as is
 2361  practicable, shall give the probationer or offender an
 2362  opportunity to be fully heard on his or her behalf in person or
 2363  by counsel. After the hearing, the court shall make findings of
 2364  fact and forward the findings to the court that granted the
 2365  probation or community control and to the probationer or
 2366  offender or his or her attorney. The findings of fact by the
 2367  hearing court are binding on the court that granted the
 2368  probation or community control. Upon the probationer or offender
 2369  being brought before it, the court that granted the probation or
 2370  community control may revoke, modify, or continue the probation
 2371  or community control or may place the probationer into community
 2372  control as provided in this section. However, the probationer or
 2373  offender shall not be released and shall not be admitted to
 2374  bail, but shall be brought before the court that granted the
 2375  probation or community control if any violation of felony
 2376  probation or community control other than a failure to pay costs
 2377  or fines or make restitution payments is alleged to have been
 2378  committed by:
 2379         (a) A violent felony offender of special concern, as
 2380  defined in this section;
 2381         (b) A person who is on felony probation or community
 2382  control for any offense committed on or after the effective date
 2383  of this act and who is arrested for a qualifying offense as
 2384  defined in this section; or
 2385         (c) A person who is on felony probation or community
 2386  control and has previously been found by a court to be a
 2387  habitual violent felony offender as defined in s. 775.084(1)(b),
 2388  a three-time violent felony offender as defined in s.
 2389  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 2390  arrested for committing a qualifying offense as defined in this
 2391  section on or after the effective date of this act.
 2392         Section 23. For the purpose of incorporating the amendments
 2393  made by this act to sections 775.21, 943.0435, and 944.607,
 2394  Florida Statutes, in references thereto, section 948.063,
 2395  Florida Statutes, is reenacted to read:
 2396         948.063 Violations of probation or community control by
 2397  designated sexual offenders and sexual predators.—
 2398         (1) If probation or community control for any felony
 2399  offense is revoked by the court pursuant to s. 948.06(2)(e) and
 2400  the offender is designated as a sexual offender pursuant to s.
 2401  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
 2402  775.21 for unlawful sexual activity involving a victim 15 years
 2403  of age or younger and the offender is 18 years of age or older,
 2404  and if the court imposes a subsequent term of supervision
 2405  following the revocation of probation or community control, the
 2406  court must order electronic monitoring as a condition of the
 2407  subsequent term of probation or community control.
 2408         (2) If the probationer or offender is required to register
 2409  as a sexual predator under s. 775.21 or as a sexual offender
 2410  under s. 943.0435 or s. 944.607 for unlawful sexual activity
 2411  involving a victim 15 years of age or younger and the
 2412  probationer or offender is 18 years of age or older and has
 2413  violated the conditions of his or her probation or community
 2414  control, but the court does not revoke the probation or
 2415  community control, the court shall nevertheless modify the
 2416  probation or community control to include electronic monitoring
 2417  for any probationer or offender not then subject to electronic
 2418  monitoring.
 2419         Section 24. For the purpose of incorporating the amendment
 2420  made by this act to section 943.0435, Florida Statutes, in a
 2421  reference thereto, paragraph (c) of subsection (10) of section
 2422  944.607, Florida Statutes, is reenacted to read:
 2423         944.607 Notification to Department of Law Enforcement of
 2424  information on sexual offenders.—
 2425         (10)
 2426         (c) An arrest on charges of failure to register when the
 2427  offender has been provided and advised of his or her statutory
 2428  obligations to register under s. 943.0435(2), the service of an
 2429  information or a complaint for a violation of this section, or
 2430  an arraignment on charges for a violation of this section
 2431  constitutes actual notice of the duty to register. A sexual
 2432  offender’s failure to immediately register as required by this
 2433  section following such arrest, service, or arraignment
 2434  constitutes grounds for a subsequent charge of failure to
 2435  register. A sexual offender charged with the crime of failure to
 2436  register who asserts, or intends to assert, a lack of notice of
 2437  the duty to register as a defense to a charge of failure to
 2438  register shall immediately register as required by this section.
 2439  A sexual offender who is charged with a subsequent failure to
 2440  register may not assert the defense of a lack of notice of the
 2441  duty to register.
 2442         Section 25. For the purpose of incorporating the amendment
 2443  made by this act to section 943.04354, Florida Statutes, in a
 2444  reference thereto, subsection (2) of section 397.4872, Florida
 2445  Statutes, is reenacted to read:
 2446         397.4872 Exemption from disqualification; publication.—
 2447         (2) The department may exempt a person from ss. 397.487(6)
 2448  and 397.4871(5) if it has been at least 3 years since the person
 2449  has completed or been lawfully released from confinement,
 2450  supervision, or sanction for the disqualifying offense. An
 2451  exemption from the disqualifying offenses may not be given under
 2452  any circumstances for any person who is a:
 2453         (a) Sexual predator pursuant to s. 775.21;
 2454         (b) Career offender pursuant to s. 775.261; or
 2455         (c) Sexual offender pursuant to s. 943.0435, unless the
 2456  requirement to register as a sexual offender has been removed
 2457  pursuant to s. 943.04354.
 2458         Section 26. For the purpose of incorporating the amendment
 2459  made by this act to section 943.04354, Florida Statutes, in a
 2460  reference thereto, paragraph (b) of subsection (4) of section
 2461  435.07, Florida Statutes, is reenacted to read:
 2462         435.07 Exemptions from disqualification.—Unless otherwise
 2463  provided by law, the provisions of this section apply to
 2464  exemptions from disqualification for disqualifying offenses
 2465  revealed pursuant to background screenings required under this
 2466  chapter, regardless of whether those disqualifying offenses are
 2467  listed in this chapter or other laws.
 2468         (4)
 2469         (b) Disqualification from employment under this chapter may
 2470  not be removed from, nor may an exemption be granted to, any
 2471  person who is a:
 2472         1. Sexual predator as designated pursuant to s. 775.21;
 2473         2. Career offender pursuant to s. 775.261; or
 2474         3. Sexual offender pursuant to s. 943.0435, unless the
 2475  requirement to register as a sexual offender has been removed
 2476  pursuant to s. 943.04354.
 2477         Section 27. For the purpose of incorporating the amendments
 2478  made by this act to sections 944.606 and 944.607, Florida
 2479  Statutes, in references thereto, section 775.25, Florida
 2480  Statutes, is reenacted to read:
 2481         775.25 Prosecutions for acts or omissions.—A sexual
 2482  predator or sexual offender who commits any act or omission in
 2483  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 2484  944.607, or former s. 947.177 may be prosecuted for the act or
 2485  omission in the county in which the act or omission was
 2486  committed, in the county of the last registered address of the
 2487  sexual predator or sexual offender, in the county in which the
 2488  conviction occurred for the offense or offenses that meet the
 2489  criteria for designating a person as a sexual predator or sexual
 2490  offender, in the county where the sexual predator or sexual
 2491  offender was released from incarceration, or in the county of
 2492  the intended address of the sexual predator or sexual offender
 2493  as reported by the predator or offender prior to his or her
 2494  release from incarceration. In addition, a sexual predator may
 2495  be prosecuted for any such act or omission in the county in
 2496  which he or she was designated a sexual predator.
 2497         Section 28. For the purpose of incorporating the amendment
 2498  made by this act to section 944.607, Florida Statutes, in a
 2499  reference thereto, subsection (2) of section 775.24, Florida
 2500  Statutes, is reenacted to read:
 2501         775.24 Duty of the court to uphold laws governing sexual
 2502  predators and sexual offenders.—
 2503         (2) If a person meets the criteria in this chapter for
 2504  designation as a sexual predator or meets the criteria in s.
 2505  943.0435, s. 944.606, s. 944.607, or any other law for
 2506  classification as a sexual offender, the court may not enter an
 2507  order, for the purpose of approving a plea agreement or for any
 2508  other reason, which:
 2509         (a) Exempts a person who meets the criteria for designation
 2510  as a sexual predator or classification as a sexual offender from
 2511  such designation or classification, or exempts such person from
 2512  the requirements for registration or community and public
 2513  notification imposed upon sexual predators and sexual offenders;
 2514         (b) Restricts the compiling, reporting, or release of
 2515  public records information that relates to sexual predators or
 2516  sexual offenders; or
 2517         (c) Prevents any person or entity from performing its
 2518  duties or operating within its statutorily conferred authority
 2519  as such duty or authority relates to sexual predators or sexual
 2520  offenders.
 2521         Section 29. For the purpose of incorporating the amendment
 2522  made by this act to section 944.607, Florida Statutes, in a
 2523  reference thereto, subsection (7) of section 944.608, Florida
 2524  Statutes, is reenacted to read:
 2525         944.608 Notification to Department of Law Enforcement of
 2526  information on career offenders.—
 2527         (7) A career offender who is under the supervision of the
 2528  department but who is not incarcerated shall, in addition to the
 2529  registration requirements provided in subsection (3), register
 2530  in the manner provided in s. 775.261(4)(c), unless the career
 2531  offender is a sexual predator, in which case he or she shall
 2532  register as required under s. 775.21, or is a sexual offender,
 2533  in which case he or she shall register as required in s.
 2534  944.607. A career offender who fails to comply with the
 2535  requirements of s. 775.261(4) is subject to the penalties
 2536  provided in s. 775.261(8).
 2537         Section 30. This act shall take effect October 1, 2016.