Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. CS for SB 954
Ì228972FÎ228972
LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/11/2016 .
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Appropriations Subcommittee on Criminal and Civil Justice
(Bradley) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraphs (g) through (n) of subsection
6 (2) of section 775.21, Florida Statutes, are redesignated as
7 paragraphs (h) through (o), respectively, a new paragraph (g) is
8 added to that subsection, and paragraphs (a), (e), (g), (i), and
9 (j) of subsection (6) and paragraph (a) of subsection (8) of
10 that section are amended, to read:
11 775.21 The Florida Sexual Predators Act.—
12 (2) DEFINITIONS.—As used in this section, the term:
13 (g) “Electronic reporting device” means a device through
14 which a person securely reports and communicates by audio and
15 visual means with a law enforcement agency and which:
16 1. Is administered through an agency or through a third
17 party monitoring system;
18 2. Uses global positioning satellites to verify the
19 location of the person reporting;
20 3. Provides facial recognition;
21 4. Records communications in high-definition audio and
22 video;
23 5. Is tamperproof; and
24 6. Reports tampering attempts to the administering entity.
25 (6) REGISTRATION.—
26 (a) A sexual predator shall register with the department
27 through the sheriff’s office by providing the following
28 information to the department:
29 1. Name; social security number; age; race; sex; date of
30 birth; height; weight; tattoos or other identifying marks; hair
31 and eye color; photograph; address of legal residence and
32 address of any current temporary residence, within the state or
33 out of state, including a rural route address and a post office
34 box; if no permanent or temporary address, any transient
35 residence within the state; address, location or description,
36 and dates of any current or known future temporary residence
37 within the state or out of state; all electronic mail addresses
38 and all Internet identifiers required to be provided pursuant to
39 subparagraph (g)5.; all home telephone numbers and cellular
40 telephone numbers; date and place of any employment; the make,
41 model, color, vehicle identification number (VIN), and license
42 tag number of all vehicles owned; date and place of each
43 conviction; fingerprints; palm prints; and a brief description
44 of the crime or crimes committed by the offender. A post office
45 box may not be provided in lieu of a physical residential
46 address. The sexual predator shall produce his or her passport,
47 if he or she has a passport, and, if he or she is an alien,
48 shall produce or provide information about documents
49 establishing his or her immigration status. The sexual predator
50 shall also provide information about any professional licenses
51 he or she has.
52 a. If the sexual predator’s place of residence is a motor
53 vehicle, trailer, mobile home, or manufactured home, as defined
54 in chapter 320, the sexual predator shall also provide to the
55 department written notice of the vehicle identification number;
56 the license tag number; the registration number; and a
57 description, including color scheme, of the motor vehicle,
58 trailer, mobile home, or manufactured home. If a sexual
59 predator’s place of residence is a vessel, live-aboard vessel,
60 or houseboat, as defined in chapter 327, the sexual predator
61 shall also provide to the department written notice of the hull
62 identification number; the manufacturer’s serial number; the
63 name of the vessel, live-aboard vessel, or houseboat; the
64 registration number; and a description, including color scheme,
65 of the vessel, live-aboard vessel, or houseboat.
66 b. If the sexual predator is enrolled, employed,
67 volunteering, or carrying on a vocation at an institution of
68 higher education in this state, the sexual predator shall also
69 provide to the department the name, address, and county of each
70 institution, including each campus attended, and the sexual
71 predator’s enrollment, volunteer, or employment status. Each
72 change in enrollment, volunteer, or employment status must be
73 reported through an electronic reporting device, in person at
74 the sheriff’s office, or to the Department of Corrections if the
75 sexual predator is in the custody or control of or under the
76 supervision of the Department of Corrections, within 48 hours
77 after any change in status. The sheriff or the Department of
78 Corrections shall promptly notify each institution of the sexual
79 predator’s presence and any change in the sexual predator’s
80 enrollment, volunteer, or employment status.
81 c. A sexual predator shall report through an electronic
82 reporting device or in person to the sheriff’s office within 48
83 hours after any change in vehicles owned to report those vehicle
84 information changes.
85 2. Any other information determined necessary by the
86 department, including criminal and corrections records;
87 nonprivileged personnel and treatment records; and evidentiary
88 genetic markers when available.
89 (e)1. If the sexual predator is not in the custody or
90 control of, or under the supervision of, the Department of
91 Corrections or is not in the custody of a private correctional
92 facility, the sexual predator shall register through an
93 electronic reporting device or in person:
94 a. At the sheriff’s office in the county where he or she
95 establishes or maintains a residence within 48 hours after
96 establishing or maintaining a residence in this state; and
97 b. At the sheriff’s office in the county where he or she
98 was designated a sexual predator by the court within 48 hours
99 after such finding is made.
100 2. Any change in the sexual predator’s permanent or
101 temporary residence, name, vehicles owned, electronic mail
102 addresses, or Internet identifiers required to be provided
103 pursuant to subparagraph (g)5., after the sexual predator
104 registers through an electronic reporting device or in person at
105 the sheriff’s office as provided in subparagraph 1., must be
106 accomplished in the manner provided in paragraphs (g), (i), and
107 (j). When a sexual predator registers with the sheriff’s office,
108 the sheriff shall take a photograph, a set of fingerprints, and
109 palm prints of the predator and forward the photographs, palm
110 prints, and fingerprints to the department, along with the
111 information that the predator is required to provide pursuant to
112 this section.
113 (g)1. Each time a sexual predator’s driver license or
114 identification card is subject to renewal, and, without regard
115 to the status of the predator’s driver license or identification
116 card, within 48 hours after any change of the predator’s
117 residence or change in the predator’s name by reason of marriage
118 or other legal process, the predator shall report in person to a
119 driver license office and is subject to the requirements
120 specified in paragraph (f). The Department of Highway Safety and
121 Motor Vehicles shall forward to the department and to the
122 Department of Corrections all photographs and information
123 provided by sexual predators. Notwithstanding the restrictions
124 set forth in s. 322.142, the Department of Highway Safety and
125 Motor Vehicles may release a reproduction of a color-photograph
126 or digital-image license to the Department of Law Enforcement
127 for purposes of public notification of sexual predators as
128 provided in this section. A sexual predator who is unable to
129 secure or update a driver license or identification card with
130 the Department of Highway Safety and Motor Vehicles as provided
131 in paragraph (f) and this paragraph shall also report any change
132 of the predator’s residence or change in the predator’s name by
133 reason of marriage or other legal process within 48 hours after
134 the change to the sheriff’s office in the county where the
135 predator resides or is located and provide confirmation that he
136 or she reported such information to the Department of Highway
137 Safety and Motor Vehicles.
138 2.a. A sexual predator who vacates a permanent, temporary,
139 or transient residence and fails to establish or maintain
140 another permanent, temporary, or transient residence shall,
141 within 48 hours after vacating the permanent, temporary, or
142 transient residence, report through an electronic reporting
143 device or in person to the sheriff’s office of the county in
144 which he or she is located. The sexual predator shall specify
145 the date upon which he or she intends to or did vacate such
146 residence. The sexual predator shall provide or update all of
147 the registration information required under paragraph (a). The
148 sexual predator shall provide an address for the residence or
149 other place that he or she is or will be located during the time
150 in which he or she fails to establish or maintain a permanent or
151 temporary residence.
152 b. A sexual predator shall report through an electronic
153 reporting device or in person at the sheriff’s office in the
154 county in which he or she is located within 48 hours after
155 establishing a transient residence and thereafter must report
156 through an electronic reporting device or in person every 30
157 days to the sheriff’s office in the county in which he or she is
158 located while maintaining a transient residence. The sexual
159 predator must provide the addresses and locations where he or
160 she maintains a transient residence. Each sheriff’s office shall
161 establish procedures for reporting transient residence
162 information and provide notice to transient registrants to
163 report transient residence information as required in this sub
164 subparagraph. Reporting to the sheriff’s office as required by
165 this sub-subparagraph does not exempt registrants from any
166 reregistration requirement. The sheriff may coordinate and enter
167 into agreements with police departments and other governmental
168 entities to facilitate additional reporting sites for transient
169 residence registration required in this sub-subparagraph. The
170 sheriff’s office shall, within 2 business days, electronically
171 submit and update all information provided by the sexual
172 predator to the department.
173 3. A sexual predator who remains at a permanent, temporary,
174 or transient residence after reporting his or her intent to
175 vacate such residence shall, within 48 hours after the date upon
176 which the predator indicated he or she would or did vacate such
177 residence, report through an electronic reporting device or in
178 person to the sheriff’s office to which he or she reported
179 pursuant to subparagraph 2. for the purpose of reporting his or
180 her address at such residence. When the sheriff receives the
181 report, the sheriff shall promptly convey the information to the
182 department. An offender who makes a report as required under
183 subparagraph 2. but fails to make a report as required under
184 this subparagraph commits a felony of the second degree,
185 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
186 4. The failure of a sexual predator who maintains a
187 transient residence to report through an electronic reporting
188 device or in person to the sheriff’s office every 30 days as
189 required by sub-subparagraph 2.b. is punishable as provided in
190 subsection (10).
191 5. A sexual predator shall register all electronic mail
192 addresses and Internet identifiers with the department before
193 using such electronic mail addresses and Internet identifiers.
194 The department shall establish an online system through which
195 sexual predators may securely access and update all electronic
196 mail address and Internet identifier information.
197 (i) A sexual predator who intends to establish a permanent,
198 temporary, or transient residence in another state or
199 jurisdiction other than the State of Florida shall report
200 through an electronic reporting device or in person to the
201 sheriff of the county of current residence within 48 hours
202 before the date he or she intends to leave this state to
203 establish residence in another state or jurisdiction or within
204 21 days before his or her planned departure date if the intended
205 residence of 5 days or more is outside of the United States. The
206 sexual predator shall provide to the sheriff the address,
207 municipality, county, state, and country of intended residence.
208 The sheriff shall promptly provide to the department the
209 information received from the sexual predator. The department
210 shall notify the statewide law enforcement agency, or a
211 comparable agency, in the intended state, jurisdiction, or
212 country of residence of the sexual predator’s intended
213 residence. The failure of a sexual predator to provide his or
214 her intended place of residence is punishable as provided in
215 subsection (10).
216 (j) A sexual predator who indicates his or her intent to
217 establish a permanent, temporary, or transient residence in
218 another state, a jurisdiction other than the State of Florida,
219 or another country and later decides to remain in this state
220 shall, within 48 hours after the date upon which the sexual
221 predator indicated he or she would leave this state, report
222 through an electronic reporting device or in person to the
223 sheriff to which the sexual predator reported the intended
224 change of residence, and report his or her intent to remain in
225 this state. If the sheriff is notified by the sexual predator
226 that he or she intends to remain in this state, the sheriff
227 shall promptly report this information to the department. A
228 sexual predator who reports his or her intent to establish a
229 permanent, temporary, or transient residence in another state, a
230 jurisdiction other than the State of Florida, or another
231 country, but who remains in this state without reporting to the
232 sheriff in the manner required by this paragraph, commits a
233 felony of the second degree, punishable as provided in s.
234 775.082, s. 775.083, or s. 775.084.
235 (8) VERIFICATION.—The department and the Department of
236 Corrections shall implement a system for verifying the addresses
237 of sexual predators. The system must be consistent with the
238 provisions of the federal Adam Walsh Child Protection and Safety
239 Act of 2006 and any other federal standards applicable to such
240 verification or required to be met as a condition for the
241 receipt of federal funds by the state. The Department of
242 Corrections shall verify the addresses of sexual predators who
243 are not incarcerated but who reside in the community under the
244 supervision of the Department of Corrections and shall report to
245 the department any failure by a sexual predator to comply with
246 registration requirements. County and local law enforcement
247 agencies, in conjunction with the department, shall verify the
248 addresses of sexual predators who are not under the care,
249 custody, control, or supervision of the Department of
250 Corrections, and may verify the addresses of sexual predators
251 who are under the care, custody, control, or supervision of the
252 Department of Corrections. Local law enforcement agencies shall
253 report to the department any failure by a sexual predator to
254 comply with registration requirements.
255 (a) A sexual predator shall report through an electronic
256 reporting device or in person each year during the month of the
257 sexual predator’s birthday and during every third month
258 thereafter to the sheriff’s office in the county in which he or
259 she resides or is otherwise located to reregister. The sheriff’s
260 office may determine the appropriate times and days for
261 reporting by the sexual predator, which must be consistent with
262 the reporting requirements of this paragraph. Reregistration
263 must include any changes to the following information:
264 1. Name; social security number; age; race; sex; date of
265 birth; height; weight; tattoos or other identifying marks; hair
266 and eye color; address of any permanent residence and address of
267 any current temporary residence, within the state or out of
268 state, including a rural route address and a post office box; if
269 no permanent or temporary address, any transient residence
270 within the state; address, location or description, and dates of
271 any current or known future temporary residence within the state
272 or out of state; all electronic mail addresses or Internet
273 identifiers required to be provided pursuant to subparagraph
274 (6)(g)5.; all home telephone numbers and cellular telephone
275 numbers; date and place of any employment; the make, model,
276 color, vehicle identification number (VIN), and license tag
277 number of all vehicles owned; fingerprints; palm prints; and
278 photograph. A post office box may not be provided in lieu of a
279 physical residential address. The sexual predator shall also
280 produce his or her passport, if he or she has a passport, and,
281 if he or she is an alien, shall produce or provide information
282 about documents establishing his or her immigration status. The
283 sexual predator shall also provide information about any
284 professional licenses he or she has.
285 2. If the sexual predator is enrolled, employed,
286 volunteering, or carrying on a vocation at an institution of
287 higher education in this state, the sexual predator shall also
288 provide to the department the name, address, and county of each
289 institution, including each campus attended, and the sexual
290 predator’s enrollment, volunteer, or employment status.
291 3. If the sexual predator’s place of residence is a motor
292 vehicle, trailer, mobile home, or manufactured home, as defined
293 in chapter 320, the sexual predator shall also provide the
294 vehicle identification number; the license tag number; the
295 registration number; and a description, including color scheme,
296 of the motor vehicle, trailer, mobile home, or manufactured
297 home. If the sexual predator’s place of residence is a vessel,
298 live-aboard vessel, or houseboat, as defined in chapter 327, the
299 sexual predator shall also provide the hull identification
300 number; the manufacturer’s serial number; the name of the
301 vessel, live-aboard vessel, or houseboat; the registration
302 number; and a description, including color scheme, of the
303 vessel, live-aboard vessel, or houseboat.
304 Section 2. Paragraph (i) is added to subsection (1) of
305 section 943.0435, Florida Statutes, and paragraphs (a) and (b)
306 of subsection (2), subsections (7) and (8), and paragraphs (a)
307 and (c) of subsection (14) of that section are amended, to read:
308 943.0435 Sexual offenders required to register with the
309 department; penalty.—
310 (1) As used in this section, the term:
311 (i) “Electronic reporting device” has the same meaning as
312 provided in s. 775.21.
313 (2) A sexual offender shall:
314 (a) Report through an electronic reporting device or in
315 person at the sheriff’s office:
316 1. In the county in which the offender establishes or
317 maintains a permanent, temporary, or transient residence within
318 48 hours after:
319 a. Establishing permanent, temporary, or transient
320 residence in this state; or
321 b. Being released from the custody, control, or supervision
322 of the Department of Corrections or from the custody of a
323 private correctional facility; or
324 2. In the county where he or she was convicted within 48
325 hours after being convicted for a qualifying offense for
326 registration under this section if the offender is not in the
327 custody or control of, or under the supervision of, the
328 Department of Corrections, or is not in the custody of a private
329 correctional facility.
330
331 Any change in the information required to be provided pursuant
332 to paragraph (b), including, but not limited to, any change in
333 the sexual offender’s permanent, temporary, or transient
334 residence, name, electronic mail addresses, or Internet
335 identifiers required to be provided pursuant to paragraph
336 (4)(e), after the sexual offender reports through an electronic
337 reporting device or in person at the sheriff’s office, must be
338 accomplished in the manner provided in subsections (4), (7), and
339 (8).
340 (b) Provide his or her name; date of birth; social security
341 number; race; sex; height; weight; hair and eye color; tattoos
342 or other identifying marks; fingerprints; palm prints;
343 photograph; occupation and place of employment; address of
344 permanent or legal residence or address of any current temporary
345 residence, within the state or out of state, including a rural
346 route address and a post office box; if no permanent or
347 temporary address, any transient residence within the state,
348 address, location or description, and dates of any current or
349 known future temporary residence within the state or out of
350 state; the make, model, color, vehicle identification number
351 (VIN), and license tag number of all vehicles owned; all home
352 telephone numbers and cellular telephone numbers; all electronic
353 mail addresses and all Internet identifiers required to be
354 provided pursuant to paragraph (4)(e); date and place of each
355 conviction; and a brief description of the crime or crimes
356 committed by the offender. A post office box may not be provided
357 in lieu of a physical residential address. The sexual offender
358 shall also produce his or her passport, if he or she has a
359 passport, and, if he or she is an alien, shall produce or
360 provide information about documents establishing his or her
361 immigration status. The sexual offender shall also provide
362 information about any professional licenses he or she has.
363 1. If the sexual offender’s place of residence is a motor
364 vehicle, trailer, mobile home, or manufactured home, as defined
365 in chapter 320, the sexual offender shall also provide to the
366 department through the sheriff’s office written notice of the
367 vehicle identification number; the license tag number; the
368 registration number; and a description, including color scheme,
369 of the motor vehicle, trailer, mobile home, or manufactured
370 home. If the sexual offender’s place of residence is a vessel,
371 live-aboard vessel, or houseboat, as defined in chapter 327, the
372 sexual offender shall also provide to the department written
373 notice of the hull identification number; the manufacturer’s
374 serial number; the name of the vessel, live-aboard vessel, or
375 houseboat; the registration number; and a description, including
376 color scheme, of the vessel, live-aboard vessel, or houseboat.
377 2. If the sexual offender is enrolled, employed,
378 volunteering, or carrying on a vocation at an institution of
379 higher education in this state, the sexual offender shall also
380 provide to the department through the sheriff’s office the name,
381 address, and county of each institution, including each campus
382 attended, and the sexual offender’s enrollment, volunteer, or
383 employment status. Each change in enrollment, volunteer, or
384 employment status must be reported through an electronic
385 reporting device or in person at the sheriff’s office, within 48
386 hours after any change in status. The sheriff shall promptly
387 notify each institution of the sexual offender’s presence and
388 any change in the sexual offender’s enrollment, volunteer, or
389 employment status.
390 3. A sexual offender shall report through an electronic
391 reporting device or in person to the sheriff’s office within 48
392 hours after any change in vehicles owned to report those vehicle
393 information changes.
394
395 When a sexual offender reports at the sheriff’s office, the
396 sheriff shall take a photograph, a set of fingerprints, and palm
397 prints of the offender and forward the photographs, palm prints,
398 and fingerprints to the department, along with the information
399 provided by the sexual offender. The sheriff shall promptly
400 provide to the department the information received from the
401 sexual offender.
402 (7) A sexual offender who intends to establish a permanent,
403 temporary, or transient residence in another state or
404 jurisdiction other than the State of Florida shall report
405 through an electronic reporting device or in person to the
406 sheriff of the county of current residence within 48 hours
407 before the date he or she intends to leave this state to
408 establish residence in another state or jurisdiction or within
409 21 days before his or her planned departure date if the intended
410 residence of 5 days or more is outside of the United States. The
411 notification must include the address, municipality, county,
412 state, and country of intended residence. The sheriff shall
413 promptly provide to the department the information received from
414 the sexual offender. The department shall notify the statewide
415 law enforcement agency, or a comparable agency, in the intended
416 state, jurisdiction, or country of residence of the sexual
417 offender’s intended residence. The failure of a sexual offender
418 to provide his or her intended place of residence is punishable
419 as provided in subsection (9).
420 (8) A sexual offender who indicates his or her intent to
421 establish a permanent, temporary, or transient residence in
422 another state, a jurisdiction other than the State of Florida,
423 or another country and later decides to remain in this state
424 shall, within 48 hours after the date upon which the sexual
425 offender indicated he or she would leave this state, report
426 through an electronic reporting device or in person to the
427 sheriff to which the sexual offender reported the intended
428 change of permanent, temporary, or transient residence, and
429 report his or her intent to remain in this state. The sheriff
430 shall promptly report this information to the department. A
431 sexual offender who reports his or her intent to establish a
432 permanent, temporary, or transient residence in another state, a
433 jurisdiction other than the State of Florida, or another country
434 but who remains in this state without reporting to the sheriff
435 in the manner required by this subsection commits a felony of
436 the second degree, punishable as provided in s. 775.082, s.
437 775.083, or s. 775.084.
438 (14)(a) A sexual offender must report through an electronic
439 reporting device or in person each year during the month of the
440 sexual offender’s birthday and during the sixth month following
441 the sexual offender’s birth month to the sheriff’s office in the
442 county in which he or she resides or is otherwise located to
443 reregister.
444 (c) The sheriff’s office may determine the appropriate
445 times and days for reporting by the sexual offender, which must
446 be consistent with the reporting requirements of this
447 subsection. Reregistration must include any changes to the
448 following information:
449 1. Name; social security number; age; race; sex; date of
450 birth; height; weight; tattoos or other identifying marks; hair
451 and eye color; address of any permanent residence and address of
452 any current temporary residence, within the state or out of
453 state, including a rural route address and a post office box; if
454 no permanent or temporary address, any transient residence
455 within the state; address, location or description, and dates of
456 any current or known future temporary residence within the state
457 or out of state; all electronic mail addresses or Internet
458 identifiers required to be provided pursuant to paragraph
459 (4)(e); all home telephone numbers and cellular telephone
460 numbers; date and place of any employment; the make, model,
461 color, vehicle identification number (VIN), and license tag
462 number of all vehicles owned; fingerprints; palm prints; and
463 photograph. A post office box may not be provided in lieu of a
464 physical residential address. The sexual offender shall also
465 produce his or her passport, if he or she has a passport, and,
466 if he or she is an alien, shall produce or provide information
467 about documents establishing his or her immigration status. The
468 sexual offender shall also provide information about any
469 professional licenses he or she has.
470 2. If the sexual offender is enrolled, volunteering,
471 employed, or carrying on a vocation at an institution of higher
472 education in this state, the sexual offender shall also provide
473 to the department the name, address, and county of each
474 institution, including each campus attended, and the sexual
475 offender’s enrollment, volunteer, or employment status.
476 3. If the sexual offender’s place of residence is a motor
477 vehicle, trailer, mobile home, or manufactured home, as defined
478 in chapter 320, the sexual offender shall also provide the
479 vehicle identification number; the license tag number; the
480 registration number; and a description, including color scheme,
481 of the motor vehicle, trailer, mobile home, or manufactured
482 home. If the sexual offender’s place of residence is a vessel,
483 live-aboard vessel, or houseboat, as defined in chapter 327, the
484 sexual offender shall also provide the hull identification
485 number; the manufacturer’s serial number; the name of the
486 vessel, live-aboard vessel, or houseboat; the registration
487 number; and a description, including color scheme, of the
488 vessel, live-aboard vessel or houseboat.
489 4. Any sexual offender who fails to report through an
490 electronic reporting device or in person as required at the
491 sheriff’s office, who fails to respond to any address
492 verification correspondence from the department within 3 weeks
493 of the date of the correspondence, who fails to report all
494 electronic mail addresses and all Internet identifiers prior to
495 use, or who knowingly provides false registration information by
496 act or omission commits a felony of the third degree, punishable
497 as provided in s. 775.082, s. 775.083, or s. 775.084.
498 Section 3. Paragraph (h) is added to subsection (1) of
499 section 944.607, Florida Statutes, and paragraph (c) of
500 subsection (4) and paragraphs (a) and (c) of subsection (13) of
501 that section are amended, to read:
502 944.607 Notification to Department of Law Enforcement of
503 information on sexual offenders.—
504 (1) As used in this section, the term:
505 (h) “Electronic reporting device” has the same meaning as
506 provided in s. 775.21.
507 (4) A sexual offender, as described in this section, who is
508 under the supervision of the Department of Corrections but is
509 not incarcerated shall register with the Department of
510 Corrections within 3 business days after sentencing for a
511 registrable offense and otherwise provide information as
512 required by this subsection.
513 (c) A sexual offender shall report through an electronic
514 reporting device or in person to the sheriff’s office within 48
515 hours after any change in vehicles owned to report those vehicle
516 information changes.
517 (13)(a) A sexual offender must report through an electronic
518 reporting device or in person each year during the month of the
519 sexual offender’s birthday and during the sixth month following
520 the sexual offender’s birth month to the sheriff’s office in the
521 county in which he or she resides or is otherwise located to
522 reregister.
523 (c) The sheriff’s office may determine the appropriate
524 times and days for reporting by the sexual offender, which must
525 be consistent with the reporting requirements of this
526 subsection. Reregistration must include any changes to the
527 following information:
528 1. Name; social security number; age; race; sex; date of
529 birth; height; weight; tattoos or other identifying marks; hair
530 and eye color; address of any permanent residence and address of
531 any current temporary residence, within the state or out of
532 state, including a rural route address and a post office box; if
533 no permanent or temporary address, any transient residence;
534 address, location or description, and dates of any current or
535 known future temporary residence within the state or out of
536 state; all electronic mail addresses and Internet identifiers
537 required to be provided pursuant to s. 943.0435(4)(e); all home
538 telephone numbers and cellular telephone numbers; date and place
539 of any employment; the make, model, color, vehicle
540 identification number (VIN), and license tag number of all
541 vehicles owned; fingerprints; palm prints; and photograph. A
542 post office box may not be provided in lieu of a physical
543 residential address. The sexual offender shall also produce his
544 or her passport, if he or she has a passport, and, if he or she
545 is an alien, shall produce or provide information about
546 documents establishing his or her immigration status. The sexual
547 offender shall also provide information about any professional
548 licenses he or she has.
549 2. If the sexual offender is enrolled, employed,
550 volunteering, or carrying on a vocation at an institution of
551 higher education in this state, the sexual offender shall also
552 provide to the department the name, address, and county of each
553 institution, including each campus attended, and the sexual
554 offender’s enrollment, volunteer, or employment status.
555 3. If the sexual offender’s place of residence is a motor
556 vehicle, trailer, mobile home, or manufactured home, as defined
557 in chapter 320, the sexual offender shall also provide the
558 vehicle identification number; the license tag number; the
559 registration number; and a description, including color scheme,
560 of the motor vehicle, trailer, mobile home, or manufactured
561 home. If the sexual offender’s place of residence is a vessel,
562 live-aboard vessel, or houseboat, as defined in chapter 327, the
563 sexual offender shall also provide the hull identification
564 number; the manufacturer’s serial number; the name of the
565 vessel, live-aboard vessel, or houseboat; the registration
566 number; and a description, including color scheme, of the
567 vessel, live-aboard vessel or houseboat.
568 4. Any sexual offender who fails to report through an
569 electronic reporting device or in person as required at the
570 sheriff’s office, who fails to respond to any address
571 verification correspondence from the department within 3 weeks
572 of the date of the correspondence, who fails to report all
573 electronic mail addresses or Internet identifiers prior to use,
574 or who knowingly provides false registration information by act
575 or omission commits a felony of the third degree, punishable as
576 provided in s. 775.082, s. 775.083, or s. 775.084.
577 Section 4. Present paragraphs (c), (d), and (e) of
578 subsection (1) of section 985.4815, Florida Statutes, are
579 redesignated as paragraphs (d), (e), and (f), respectively, a
580 new paragraph (c) is added to that subsection, and paragraph (c)
581 of subsection (4) and paragraphs (a) and (b) of subsection (13)
582 are amended, to read:
583 985.4815 Notification to Department of Law Enforcement of
584 information on juvenile sexual offenders.—
585 (1) As used in this section, the term:
586 (c) “Electronic reporting device” has the same meaning as
587 provided in s. 775.21.
588 (4) A sexual offender, as described in this section, who is
589 under the supervision of the department but who is not committed
590 shall register with the department within 3 business days after
591 adjudication and disposition for a registrable offense and
592 otherwise provide information as required by this subsection.
593 (c) A sexual offender shall report through an electronic
594 reporting device or in person to the sheriff’s office within 48
595 hours after any change in vehicles owned to report those vehicle
596 information changes.
597 (13)(a) A sexual offender must report through an electronic
598 reporting device or in person each year during the month of the
599 sexual offender’s birthday and during every third month
600 thereafter to the sheriff’s office in the county in which he or
601 she resides or is otherwise located to reregister.
602 (b) The sheriff’s office may determine the appropriate
603 times and days for reporting by the sexual offender, which must
604 be consistent with the reporting requirements of this
605 subsection. Reregistration must include any changes to the
606 following information:
607 1. Name; social security number; age; race; sex; date of
608 birth; height; weight; hair and eye color; tattoos or other
609 identifying marks; fingerprints; palm prints; address of any
610 permanent residence and address of any current temporary
611 residence, within the state or out of state, including a rural
612 route address and a post office box; if no permanent or
613 temporary address, any transient residence; address, location or
614 description, and dates of any current or known future temporary
615 residence within the state or out of state; passport
616 information, if he or she has a passport, and, if he or she is
617 an alien, information about documents establishing his or her
618 immigration status; all home telephone numbers and cellular
619 telephone numbers; all Internet identifiers; name and address of
620 each school attended; date and place of any employment; the
621 make, model, color, vehicle identification number (VIN), and
622 license tag number of all vehicles owned; and photograph. A post
623 office box may not be provided in lieu of a physical residential
624 address. The offender shall also provide information about any
625 professional licenses he or she has.
626 2. If the sexual offender is enrolled, employed,
627 volunteering, or carrying on a vocation at an institution of
628 higher education in this state, the sexual offender shall also
629 provide to the department the name, address, and county of each
630 institution, including each campus attended, and the sexual
631 offender’s enrollment, volunteer, or employment status.
632 3. If the sexual offender’s place of residence is a motor
633 vehicle, trailer, mobile home, or manufactured home, as defined
634 in chapter 320, the sexual offender shall also provide the
635 vehicle identification number; the license tag number; the
636 registration number; and a description, including color scheme,
637 of the motor vehicle, trailer, mobile home, or manufactured
638 home. If the sexual offender’s place of residence is a vessel,
639 live-aboard vessel, or houseboat, as defined in chapter 327, the
640 sexual offender shall also provide the hull identification
641 number; the manufacturer’s serial number; the name of the
642 vessel, live-aboard vessel, or houseboat; the registration
643 number; and a description, including color scheme, of the
644 vessel, live-aboard vessel, or houseboat.
645 4. Any sexual offender who fails to report through an
646 electronic reporting device or in person as required at the
647 sheriff’s office, who fails to respond to any address
648 verification correspondence from the department within 3 weeks
649 after the date of the correspondence, or who knowingly provides
650 false registration information by act or omission commits a
651 felony of the third degree, punishable as provided in ss.
652 775.082, 775.083, and 775.084.
653 Section 5. Section 843.23, Florida Statutes, is created to
654 read:
655 843.23 Tampering with an electronic monitoring device.—
656 (1) As used in this section, the term “electronic
657 monitoring device” includes any device that is used to track the
658 location of a person.
659 (2) It is unlawful for a person to intentionally and
660 without authority:
661 (a) Remove, destroy, alter, tamper with, damage, or
662 circumvent the operation of an electronic monitoring device that
663 must be worn or used by that person or another person pursuant
664 to a court order or pursuant to an order by the Florida
665 Commission on Offender Review; or
666 (b) Request, authorize, or solicit a person to remove,
667 destroy, alter, tamper with, damage, or circumvent the operation
668 of an electronic monitoring device required to be worn or used
669 pursuant to a court order or pursuant to an order by the Florida
670 Commission on Offender Review.
671 (3) A person who violates this section commits a felony of
672 the third degree, punishable as provided in s. 775.082, s.
673 775.083, or s. 775.084.
674 Section 6. Subsections (1) and (7) of section 948.11,
675 Florida Statutes, are amended to read:
676 948.11 Electronic monitoring devices.—
677 (1) The Department of Corrections may, at its discretion,
678 electronically monitor an offender sentenced to community
679 control when the court has imposed electronic monitoring as a
680 condition of community control.
681 (7) A person who intentionally alters, tampers with,
682 damages, or destroys any electronic monitoring equipment
683 pursuant to court or commission order, unless such person is the
684 owner of the equipment, or an agent of the owner, performing
685 ordinary maintenance and repairs, commits a felony of the third
686 degree, punishable as provided in s. 775.082, s. 775.083, or s.
687 775.084.
688 Section 7. For the purpose of incorporating the amendments
689 made by this act to sections 775.21 and 943.0435, Florida
690 Statutes, in references thereto, paragraph (a) of subsection (4)
691 of section 944.607, Florida Statutes, is reenacted to read:
692 944.607 Notification to Department of Law Enforcement of
693 information on sexual offenders.—
694 (4) A sexual offender, as described in this section, who is
695 under the supervision of the Department of Corrections but is
696 not incarcerated shall register with the Department of
697 Corrections within 3 business days after sentencing for a
698 registrable offense and otherwise provide information as
699 required by this subsection.
700 (a) The sexual offender shall provide his or her name; date
701 of birth; social security number; race; sex; height; weight;
702 hair and eye color; tattoos or other identifying marks; all
703 electronic mail addresses and Internet identifiers required to
704 be provided pursuant to s. 943.0435(4)(e); all home telephone
705 numbers and cellular telephone numbers; the make, model, color,
706 vehicle identification number (VIN), and license tag number of
707 all vehicles owned; permanent or legal residence and address of
708 temporary residence within the state or out of state while the
709 sexual offender is under supervision in this state, including
710 any rural route address or post office box; if no permanent or
711 temporary address, any transient residence within the state; and
712 address, location or description, and dates of any current or
713 known future temporary residence within the state or out of
714 state. The sexual offender shall also produce his or her
715 passport, if he or she has a passport, and, if he or she is an
716 alien, shall produce or provide information about documents
717 establishing his or her immigration status. The sexual offender
718 shall also provide information about any professional licenses
719 he or she has. The Department of Corrections shall verify the
720 address of each sexual offender in the manner described in ss.
721 775.21 and 943.0435. The department shall report to the
722 Department of Law Enforcement any failure by a sexual predator
723 or sexual offender to comply with registration requirements.
724 Section 8. This act shall take effect October 1, 2016.
725
726 ================= T I T L E A M E N D M E N T ================
727 And the title is amended as follows:
728 Delete everything before the enacting clause
729 and insert:
730 A bill to be entitled
731 An act relating to electronic monitoring; amending ss.
732 775.21, 943.0435, 944.607, and 985.4815, F.S.;
733 defining the term “electronic reporting device”;
734 authorizing sexual offenders and sexual predators to
735 comply with specified mandatory reporting requirements
736 through an electronic reporting device; creating s.
737 843.23, F.S.; defining the term “electronic monitoring
738 device”; prohibiting a person from removing,
739 destroying, altering, tampering with, damaging, or
740 circumventing the operation of an electronic
741 monitoring device being worn or used pursuant to any
742 court order or an order by the Florida Commission on
743 Offender Review; prohibiting the request,
744 authorization, or solicitation of a person to perform
745 such an act; providing criminal penalties; amending s.
746 948.11, F.S.; specifying that the Department of
747 Corrections may electronically monitor an offender
748 sentenced to community control when the court has
749 imposed electronic monitoring as a condition of
750 community control; deleting a provision imposing
751 criminal penalties on persons who intentionally alter,
752 tamper with, damage, or destroy electronic monitoring
753 equipment; reenacting s. 944.607(4)(a), F.S., relating
754 to notification to the Department of Law Enforcement
755 of information on sexual offenders, to incorporate the
756 amendments made to ss. 775.21 and 943.0435, F.S., in
757 references thereto; providing an effective date.