Florida Senate - 2017 SB 684
By Senator Baxley
12-00437-17 2017684__
1 A bill to be entitled
2 An act relating to Internet identifiers; amending s.
3 775.21, F.S.; revising the definition of the term
4 “Internet identifier”; defining the term “social
5 Internet communication”; requiring a sexual predator
6 to register each Internet identifier’s corresponding
7 website homepage or application software name with the
8 Department of Law Enforcement through the sheriff’s
9 office; requiring a sexual predator to report any
10 change to certain information after initial in-person
11 registration in a specified manner; making technical
12 changes; amending s. 943.0435, F.S.; requiring a
13 sexual offender, upon initial registration, to report
14 in person at the sheriff’s office; requiring the
15 sexual offender to report any change to each Internet
16 identifier’s corresponding website homepage or
17 application software name in person at the sheriff’s
18 office in a specified manner; requiring a sexual
19 offender to report any change to certain information
20 after initial in-person registration in a specified
21 manner; making technical changes; reenacting ss.
22 943.0437(2), 944.606(1)(c), 944.607(1)(e),
23 985.481(1)(c), and 985.4815(1)(e), F.S., relating to
24 the definition of the term “Internet identifier,” to
25 incorporate the amendment made to s. 775.21, F.S., in
26 references thereto; reenacting ss. 944.606(3)(a),
27 944.607(4)(a), (9), and (13)(c), 985.481(3)(a), and
28 985.4815(4)(a), (9), and (13)(b), F.S., relating to
29 sexual offenders, notification to the Department of
30 Law Enforcement of information on sexual offenders,
31 notification to the department upon release of sexual
32 offenders adjudicated delinquent, and notification to
33 the department of information on juvenile sexual
34 offenders, respectively, to incorporate the amendment
35 made to s. 943.0435, F.S., in references thereto;
36 reenacting ss. 794.056(1), 921.0022(3)(g), and
37 938.085, F.S., relating to the Rape Crisis Program
38 Trust Fund, the Criminal Punishment Code offense
39 severity ranking chart, and additional costs to fund
40 rape crisis centers, respectively, to incorporate the
41 amendments made to ss. 775.21 and 943.0435, F.S., in
42 references thereto; providing an effective date.
43
44 Be It Enacted by the Legislature of the State of Florida:
45
46 Section 1. Paragraph (j) of subsection (2) of section
47 775.21, Florida Statutes, is amended, present paragraphs (m),
48 (n), and (o) of that subsection are redesignated as paragraphs
49 (n), (o), and (p), respectively, and a new paragraph (m) is
50 added to that subsection, paragraphs (a) and (d) of subsection
51 (4) of that section are republished, paragraph (d) of subsection
52 (5) of that section is republished, paragraphs (a), (e), and (g)
53 of subsection (6) of that section are amended and paragraph (i)
54 of that subsection is republished, paragraph (a) of subsection
55 (8) of that section is amended, and paragraph (a) of subsection
56 (10) of that section is amended and paragraph (e) of that
57 subsection is republished, to read:
58 775.21 The Florida Sexual Predators Act.—
59 (2) DEFINITIONS.—As used in this section, the term:
60 (j) “Internet identifier” means any designation, moniker,
61 screen name, username, or other name used for self
62 identification to send or receive social Internet communication
63 includes, but is not limited to, all website uniform resource
64 locators (URLs) and application software, whether mobile or
65 nonmobile, used for Internet communication, including anonymous
66 communication, through electronic mail, chat, instant messages,
67 social networking, social gaming, or other similar programs and
68 all corresponding usernames, logins, screen names, and screen
69 identifiers associated with each URL or application software.
70 Internet identifier does not include a date of birth, social
71 security Social Security number, personal identification number
72 (PIN), or password. A sexual offender’s or sexual predator’s use
73 of an Internet identifier that discloses his or her date of
74 birth, social security number, PIN, password, or other
75 information that would reveal the identity of the sexual
76 offender or sexual predator URL, or application software used
77 for utility, banking, retail, or medical purposes. Voluntary
78 disclosure by a sexual predator or sexual offender of his or her
79 date of birth, Social Security number, or PIN as an Internet
80 identifier waives the disclosure exemption in this paragraph and
81 in s. 119.071(5)(l) for such personal information.
82 (m) “Social Internet communication” means any written,
83 spoken, or visual communication between two or more persons via
84 chat, social media, instant messenger, social networking, social
85 gaming, voice-over-Internet-protocol programs, or online file
86 sharing services. The term does not include passive browsing,
87 reading, or viewing of the Internet; communication used for
88 public utility, banking, retail, or medical purposes; or
89 exclusively commercial transactions.
90 (4) SEXUAL PREDATOR CRITERIA.—
91 (a) For a current offense committed on or after October 1,
92 1993, upon conviction, an offender shall be designated as a
93 “sexual predator” under subsection (5), and subject to
94 registration under subsection (6) and community and public
95 notification under subsection (7) if:
96 1. The felony is:
97 a. A capital, life, or first degree felony violation, or
98 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
99 is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
100 violation of a similar law of another jurisdiction; or
101 b. Any felony violation, or any attempt thereof, of s.
102 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
103 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
104 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
105 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
106 s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
107 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
108 the court makes a written finding that the racketeering activity
109 involved at least one sexual offense listed in this sub
110 subparagraph or at least one offense listed in this sub
111 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
112 985.701(1); or a violation of a similar law of another
113 jurisdiction, and the offender has previously been convicted of
114 or found to have committed, or has pled nolo contendere or
115 guilty to, regardless of adjudication, any violation of s.
116 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
117 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
118 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
119 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
120 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
121 excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
122 makes a written finding that the racketeering activity involved
123 at least one sexual offense listed in this sub-subparagraph or
124 at least one offense listed in this sub-subparagraph with sexual
125 intent or motive; s. 916.1075(2); or s. 985.701(1); or a
126 violation of a similar law of another jurisdiction;
127 2. The offender has not received a pardon for any felony or
128 similar law of another jurisdiction that is necessary for the
129 operation of this paragraph; and
130 3. A conviction of a felony or similar law of another
131 jurisdiction necessary to the operation of this paragraph has
132 not been set aside in any postconviction proceeding.
133 (d) An offender who has been determined to be a sexually
134 violent predator pursuant to a civil commitment proceeding under
135 chapter 394 shall be designated as a “sexual predator” under
136 subsection (5) and subject to registration under subsection (6)
137 and community and public notification under subsection (7).
138 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
139 as a sexual predator as follows:
140 (d) A person who establishes or maintains a residence in
141 this state and who has not been designated as a sexual predator
142 by a court of this state but who has been designated as a sexual
143 predator, as a sexually violent predator, or by another sexual
144 offender designation in another state or jurisdiction and was,
145 as a result of such designation, subjected to registration or
146 community or public notification, or both, or would be if the
147 person was a resident of that state or jurisdiction, without
148 regard to whether the person otherwise meets the criteria for
149 registration as a sexual offender, shall register in the manner
150 provided in s. 943.0435 or s. 944.607 and shall be subject to
151 community and public notification as provided in s. 943.0435 or
152 s. 944.607. A person who meets the criteria of this section is
153 subject to the requirements and penalty provisions of s.
154 943.0435 or s. 944.607 until the person provides the department
155 with an order issued by the court that designated the person as
156 a sexual predator, as a sexually violent predator, or by another
157 sexual offender designation in the state or jurisdiction in
158 which the order was issued which states that such designation
159 has been removed or demonstrates to the department that such
160 designation, if not imposed by a court, has been removed by
161 operation of law or court order in the state or jurisdiction in
162 which the designation was made, and provided such person no
163 longer meets the criteria for registration as a sexual offender
164 under the laws of this state.
165 (6) REGISTRATION.—
166 (a) A sexual predator shall register with the department
167 through the sheriff’s office by providing the following
168 information to the department:
169 1. Name; social security number; age; race; sex; date of
170 birth; height; weight; tattoos or other identifying marks; hair
171 and eye color; photograph; address of legal residence and
172 address of any current temporary residence, within the state or
173 out of state, including a rural route address and a post office
174 box; if no permanent or temporary address, any transient
175 residence within the state; address, location or description,
176 and dates of any current or known future temporary residence
177 within the state or out of state; all electronic mail addresses;
178 and all Internet identifiers and each Internet identifier’s
179 corresponding website homepage or application software name
180 required to be provided pursuant to subparagraph (g)5.; all home
181 telephone numbers and cellular telephone numbers required to be
182 provided pursuant to subparagraph (g)5.; employment information
183 required to be provided pursuant to subparagraph (g)5.; the
184 make, model, color, vehicle identification number (VIN), and
185 license tag number of all vehicles owned; date and place of each
186 conviction; fingerprints; palm prints; and a brief description
187 of the crime or crimes committed by the offender. A post office
188 box may not be provided in lieu of a physical residential
189 address. The sexual predator shall produce his or her passport,
190 if he or she has a passport, and, if he or she is an alien,
191 shall produce or provide information about documents
192 establishing his or her immigration status. The sexual predator
193 shall also provide information about any professional licenses
194 he or she has.
195 a. Any change that occurs after the sexual predator
196 registers in person at the sheriff’s office as provided in this
197 subparagraph in any of the following information related to the
198 sexual predator must be reported as provided in paragraphs (g),
199 (i), and (j): permanent, temporary, or transient residence;
200 name; electronic mail addresses; Internet identifiers and each
201 Internet identifier’s corresponding website homepage or
202 application software name; home and cellular telephone numbers;
203 and employment information; and status at an institution of
204 higher education.
205 b.a. If the sexual predator’s place of residence is a motor
206 vehicle, trailer, mobile home, or manufactured home, as defined
207 in chapter 320, the sexual predator shall also provide to the
208 department written notice of the vehicle identification number;
209 the license tag number; the registration number; and a
210 description, including color scheme, of the motor vehicle,
211 trailer, mobile home, or manufactured home. If a sexual
212 predator’s place of residence is a vessel, live-aboard vessel,
213 or houseboat, as defined in chapter 327, the sexual predator
214 shall also provide to the department written notice of the hull
215 identification number; the manufacturer’s serial number; the
216 name of the vessel, live-aboard vessel, or houseboat; the
217 registration number; and a description, including color scheme,
218 of the vessel, live-aboard vessel, or houseboat.
219 c.b. If the sexual predator is enrolled or employed,
220 whether for compensation or as a volunteer, at an institution of
221 higher education in this state, the sexual predator shall also
222 provide to the department pursuant to subparagraph (g)5. the
223 name, address, and county of each institution, including each
224 campus attended, and the sexual predator’s enrollment,
225 volunteer, or employment status. The sheriff, the Department of
226 Corrections, or the Department of Juvenile Justice shall
227 promptly notify each institution of higher education of the
228 sexual predator’s presence and any change in the sexual
229 predator’s enrollment, volunteer, or employment status.
230 d.c. A sexual predator shall report in person to the
231 sheriff’s office within 48 hours after any change in vehicles
232 owned to report those vehicle information changes.
233 2. Any other information determined necessary by the
234 department, including criminal and corrections records;
235 nonprivileged personnel and treatment records; and evidentiary
236 genetic markers when available.
237 (e)1. If the sexual predator is not in the custody or
238 control of, or under the supervision of, the Department of
239 Corrections or is not in the custody of a private correctional
240 facility, the sexual predator shall register in person:
241 a. At the sheriff’s office in the county where he or she
242 establishes or maintains a residence within 48 hours after
243 establishing or maintaining a residence in this state; and
244 b. At the sheriff’s office in the county where he or she
245 was designated a sexual predator by the court within 48 hours
246 after such finding is made.
247 2. Any change that occurs after the sexual predator
248 registers in person at the sheriff’s office as provided in
249 subparagraph 1. in any of the following information related to
250 in the sexual predator must be reported as provided in
251 paragraphs (g), (i), and (j): predator’s permanent, temporary,
252 or transient residence; name; vehicles owned; electronic mail
253 addresses; Internet identifiers and each Internet identifier’s
254 corresponding website homepage or application software name;
255 home telephone numbers and cellular telephone numbers; and
256 employment information; and any change in status at an
257 institution of higher education, required to be provided
258 pursuant to subparagraph (g)5., after the sexual predator
259 registers in person at the sheriff’s office as provided in
260 subparagraph 1. must be accomplished in the manner provided in
261 paragraphs (g), (i), and (j). When a sexual predator registers
262 with the sheriff’s office, the sheriff shall take a photograph,
263 a set of fingerprints, and palm prints of the predator and
264 forward the photographs, palm prints, and fingerprints to the
265 department, along with the information that the predator is
266 required to provide pursuant to this section.
267 (g)1. Each time a sexual predator’s driver license or
268 identification card is subject to renewal, and, without regard
269 to the status of the predator’s driver license or identification
270 card, within 48 hours after any change of the predator’s
271 residence or change in the predator’s name by reason of marriage
272 or other legal process, the predator shall report in person to a
273 driver license office and is subject to the requirements
274 specified in paragraph (f). The Department of Highway Safety and
275 Motor Vehicles shall forward to the department and to the
276 Department of Corrections all photographs and information
277 provided by sexual predators. Notwithstanding the restrictions
278 set forth in s. 322.142, the Department of Highway Safety and
279 Motor Vehicles may release a reproduction of a color-photograph
280 or digital-image license to the Department of Law Enforcement
281 for purposes of public notification of sexual predators as
282 provided in this section. A sexual predator who is unable to
283 secure or update a driver license or an identification card with
284 the Department of Highway Safety and Motor Vehicles as provided
285 in paragraph (f) and this paragraph shall also report any change
286 of the predator’s residence or change in the predator’s name by
287 reason of marriage or other legal process within 48 hours after
288 the change to the sheriff’s office in the county where the
289 predator resides or is located and provide confirmation that he
290 or she reported such information to the Department of Highway
291 Safety and Motor Vehicles. The reporting requirements under this
292 subparagraph do not negate the requirement for a sexual predator
293 to obtain a Florida driver license or identification card as
294 required by this section.
295 2.a. A sexual predator who vacates a permanent, temporary,
296 or transient residence and fails to establish or maintain
297 another permanent, temporary, or transient residence shall,
298 within 48 hours after vacating the permanent, temporary, or
299 transient residence, report in person to the sheriff’s office of
300 the county in which he or she is located. The sexual predator
301 shall specify the date upon which he or she intends to or did
302 vacate such residence. The sexual predator shall provide or
303 update all of the registration information required under
304 paragraph (a). The sexual predator shall provide an address for
305 the residence or other place that he or she is or will be
306 located during the time in which he or she fails to establish or
307 maintain a permanent or temporary residence.
308 b. A sexual predator shall report in person at the
309 sheriff’s office in the county in which he or she is located
310 within 48 hours after establishing a transient residence and
311 thereafter must report in person every 30 days to the sheriff’s
312 office in the county in which he or she is located while
313 maintaining a transient residence. The sexual predator must
314 provide the addresses and locations where he or she maintains a
315 transient residence. Each sheriff’s office shall establish
316 procedures for reporting transient residence information and
317 provide notice to transient registrants to report transient
318 residence information as required in this sub-subparagraph.
319 Reporting to the sheriff’s office as required by this sub
320 subparagraph does not exempt registrants from any reregistration
321 requirement. The sheriff may coordinate and enter into
322 agreements with police departments and other governmental
323 entities to facilitate additional reporting sites for transient
324 residence registration required in this sub-subparagraph. The
325 sheriff’s office shall, within 2 business days, electronically
326 submit and update all information provided by the sexual
327 predator to the department.
328 3. A sexual predator who remains at a permanent, temporary,
329 or transient residence after reporting his or her intent to
330 vacate such residence shall, within 48 hours after the date upon
331 which the predator indicated he or she would or did vacate such
332 residence, report in person to the sheriff’s office to which he
333 or she reported pursuant to subparagraph 2. for the purpose of
334 reporting his or her address at such residence. When the sheriff
335 receives the report, the sheriff shall promptly convey the
336 information to the department. An offender who makes a report as
337 required under subparagraph 2. but fails to make a report as
338 required under this subparagraph commits a felony of the second
339 degree, punishable as provided in s. 775.082, s. 775.083, or s.
340 775.084.
341 4. The failure of a sexual predator who maintains a
342 transient residence to report in person to the sheriff’s office
343 every 30 days as required by sub-subparagraph 2.b. is punishable
344 as provided in subsection (10).
345 5.a. A sexual predator shall register all electronic mail
346 addresses and Internet identifiers, and each Internet
347 identifier’s corresponding website homepage or application
348 software name, with the department through the department’s
349 online system or in person at the sheriff’s office within 48
350 hours after before using such electronic mail addresses and
351 Internet identifiers. If the sexual predator is in the custody
352 or control, or under the supervision, of the Department of
353 Corrections, he or she must report all electronic mail addresses
354 and Internet identifiers, and each Internet identifier’s
355 corresponding website homepage or application software name, to
356 the Department of Corrections before using such electronic mail
357 addresses or Internet identifiers. If the sexual predator is in
358 the custody or control, or under the supervision, of the
359 Department of Juvenile Justice, he or she must report all
360 electronic mail addresses and Internet identifiers, and each
361 Internet identifier’s corresponding website homepage or
362 application software name, to the Department of Juvenile Justice
363 before using such electronic mail addresses or Internet
364 identifiers.
365 b. A sexual predator shall register all changes to home
366 telephone numbers and cellular telephone numbers, including
367 added and deleted numbers, all changes to employment
368 information, and all changes in status related to enrollment,
369 volunteering, or employment at institutions of higher education,
370 through the department’s online system; in person at the
371 sheriff’s office; in person at the Department of Corrections if
372 the sexual predator is in the custody or control, or under the
373 supervision, of the Department of Corrections; or in person at
374 the Department of Juvenile Justice if the sexual predator is in
375 the custody or control, or under the supervision, of the
376 Department of Juvenile Justice. All changes required to be
377 reported in this sub-subparagraph shall be reported within 48
378 hours after the change.
379 c. The department shall establish an online system through
380 which sexual predators may securely access, submit, and update
381 all electronic mail addresses; address and Internet identifiers
382 and each Internet identifier’s corresponding website homepage or
383 application software name; identifier information, home
384 telephone numbers and cellular telephone numbers;, employment
385 information;, and institution of higher education information.
386 (i) A sexual predator who intends to establish a permanent,
387 temporary, or transient residence in another state or
388 jurisdiction other than the State of Florida shall report in
389 person to the sheriff of the county of current residence within
390 48 hours before the date he or she intends to leave this state
391 to establish residence in another state or jurisdiction or at
392 least 21 days before the date he or she intends to travel if the
393 intended residence of 5 days or more is outside of the United
394 States. Any travel that is not known by the sexual predator 21
395 days before the departure date must be reported to the sheriff’s
396 office as soon as possible before departure. The sexual predator
397 shall provide to the sheriff the address, municipality, county,
398 state, and country of intended residence. For international
399 travel, the sexual predator shall also provide travel
400 information, including, but not limited to, expected departure
401 and return dates, flight number, airport of departure, cruise
402 port of departure, or any other means of intended travel. The
403 sheriff shall promptly provide to the department the information
404 received from the sexual predator. The department shall notify
405 the statewide law enforcement agency, or a comparable agency, in
406 the intended state, jurisdiction, or country of residence of the
407 sexual predator’s intended residence. The failure of a sexual
408 predator to provide his or her intended place of residence is
409 punishable as provided in subsection (10).
410 (8) VERIFICATION.—The department and the Department of
411 Corrections shall implement a system for verifying the addresses
412 of sexual predators. The system must be consistent with the
413 federal Adam Walsh Child Protection and Safety Act of 2006 and
414 any other federal standards applicable to such verification or
415 required to be met as a condition for the receipt of federal
416 funds by the state. The Department of Corrections shall verify
417 the addresses of sexual predators who are not incarcerated but
418 who reside in the community under the supervision of the
419 Department of Corrections and shall report to the department any
420 failure by a sexual predator to comply with registration
421 requirements. County and local law enforcement agencies, in
422 conjunction with the department, shall verify the addresses of
423 sexual predators who are not under the care, custody, control,
424 or supervision of the Department of Corrections, and may verify
425 the addresses of sexual predators who are under the care,
426 custody, control, or supervision of the Department of
427 Corrections. Local law enforcement agencies shall report to the
428 department any failure by a sexual predator to comply with
429 registration requirements.
430 (a) A sexual predator shall report in person each year
431 during the month of the sexual predator’s birthday and during
432 every third month thereafter to the sheriff’s office in the
433 county in which he or she resides or is otherwise located to
434 reregister. The sheriff’s office may determine the appropriate
435 times and days for reporting by the sexual predator, which must
436 be consistent with the reporting requirements of this paragraph.
437 Reregistration must include any changes to the following
438 information:
439 1. Name; social security number; age; race; sex; date of
440 birth; height; weight; tattoos or other identifying marks; hair
441 and eye color; address of any permanent residence and address of
442 any current temporary residence, within the state or out of
443 state, including a rural route address and a post office box; if
444 no permanent or temporary address, any transient residence
445 within the state including the; address, location or description
446 of the transient residences, and dates of any current or known
447 future temporary residence within the state or out of state; all
448 electronic mail addresses or Internet identifiers and each
449 Internet identifier’s corresponding website homepage or
450 application software name required to be provided pursuant to
451 subparagraph (6)(g)5.; all home telephone numbers and cellular
452 telephone numbers required to be provided pursuant to
453 subparagraph (6)(g)5.; date and place of any employment required
454 to be provided pursuant to subparagraph (6)(g)5.; the make,
455 model, color, vehicle identification number (VIN), and license
456 tag number of all vehicles owned; fingerprints; palm prints; and
457 photograph. A post office box may not be provided in lieu of a
458 physical residential address. The sexual predator shall also
459 produce his or her passport, if he or she has a passport, and,
460 if he or she is an alien, shall produce or provide information
461 about documents establishing his or her immigration status. The
462 sexual predator shall also provide information about any
463 professional licenses he or she has.
464 2. If the sexual predator is enrolled or employed, whether
465 for compensation or as a volunteer, at an institution of higher
466 education in this state, the sexual predator shall also provide
467 to the department the name, address, and county of each
468 institution, including each campus attended, and the sexual
469 predator’s enrollment, volunteer, or employment status.
470 3. If the sexual predator’s place of residence is a motor
471 vehicle, trailer, mobile home, or manufactured home, as defined
472 in chapter 320, the sexual predator shall also provide the
473 vehicle identification number; the license tag number; the
474 registration number; and a description, including color scheme,
475 of the motor vehicle, trailer, mobile home, or manufactured
476 home. If the sexual predator’s place of residence is a vessel,
477 live-aboard vessel, or houseboat, as defined in chapter 327, the
478 sexual predator shall also provide the hull identification
479 number; the manufacturer’s serial number; the name of the
480 vessel, live-aboard vessel, or houseboat; the registration
481 number; and a description, including color scheme, of the
482 vessel, live-aboard vessel, or houseboat.
483 (10) PENALTIES.—
484 (a) Except as otherwise specifically provided, a sexual
485 predator who fails to register; who fails, after registration,
486 to maintain, acquire, or renew a driver license or an
487 identification card; who fails to provide required location
488 information; who fails to provide, electronic mail addresses
489 address information before use, Internet identifiers, and each
490 Internet identifier’s corresponding website homepage or
491 application software name; who fails to provide identifier
492 information before use, all home telephone numbers and cellular
493 telephone numbers, employment information, change in status at
494 an institution of higher education, or change-of-name
495 information; who fails to make a required report in connection
496 with vacating a permanent residence; who fails to reregister as
497 required; who fails to respond to any address verification
498 correspondence from the department within 3 weeks of the date of
499 the correspondence; who knowingly provides false registration
500 information by act or omission; or who otherwise fails, by act
501 or omission, to comply with the requirements of this section
502 commits a felony of the third degree, punishable as provided in
503 s. 775.082, s. 775.083, or s. 775.084.
504 (e) An arrest on charges of failure to register, the
505 service of an information or a complaint for a violation of this
506 section, or an arraignment on charges for a violation of this
507 section constitutes actual notice of the duty to register when
508 the predator has been provided and advised of his or her
509 statutory obligation to register under subsection (6). A sexual
510 predator’s failure to immediately register as required by this
511 section following such arrest, service, or arraignment
512 constitutes grounds for a subsequent charge of failure to
513 register. A sexual predator charged with the crime of failure to
514 register who asserts, or intends to assert, a lack of notice of
515 the duty to register as a defense to a charge of failure to
516 register shall immediately register as required by this section.
517 A sexual predator who is charged with a subsequent failure to
518 register may not assert the defense of a lack of notice of the
519 duty to register.
520 Section 2. Paragraph (e) of subsection (1) of section
521 943.0435, Florida Statutes, is republished, and subsection (2),
522 paragraph (e) of subsection (4), and paragraph (c) of subsection
523 (14) of that section are amended, to read:
524 943.0435 Sexual offenders required to register with the
525 department; penalty.—
526 (1) As used in this section, the term:
527 (e) “Internet identifier” has the same meaning as provided
528 in s. 775.21.
529 (2) Upon initial registration, a sexual offender shall:
530 (a) Report in person at the sheriff’s office:
531 1. In the county in which the offender establishes or
532 maintains a permanent, temporary, or transient residence within
533 48 hours after:
534 a. Establishing permanent, temporary, or transient
535 residence in this state; or
536 b. Being released from the custody, control, or supervision
537 of the Department of Corrections or from the custody of a
538 private correctional facility; or
539 2. In the county where he or she was convicted within 48
540 hours after being convicted for a qualifying offense for
541 registration under this section if the offender is not in the
542 custody or control of, or under the supervision of, the
543 Department of Corrections, or is not in the custody of a private
544 correctional facility.
545
546 Any change in the information required to be provided pursuant
547 to paragraph (b), including, but not limited to, any change in
548 the sexual offender’s permanent, temporary, or transient
549 residence; name; electronic mail addresses; Internet identifiers
550 and each Internet identifier’s corresponding website homepage or
551 application software name; home telephone numbers and cellular
552 telephone numbers; and employment information; and any change in
553 status at an institution of higher education, required to be
554 provided pursuant to paragraph (4)(e), after the sexual offender
555 reports in person at the sheriff’s office must be reported
556 accomplished in the manner provided in subsections (4), (7), and
557 (8).
558 (b) Provide his or her name; date of birth; social security
559 number; race; sex; height; weight; hair and eye color; tattoos
560 or other identifying marks; fingerprints; palm prints;
561 photograph; employment information required to be provided
562 pursuant to paragraph (4)(e); address of permanent or legal
563 residence or address of any current temporary residence, within
564 the state or out of state, including a rural route address and a
565 post office box; if no permanent or temporary address, any
566 transient residence within the state, address, location or
567 description, and dates of any current or known future temporary
568 residence within the state or out of state; the make, model,
569 color, vehicle identification number (VIN), and license tag
570 number of all vehicles owned; all home telephone numbers and
571 cellular telephone numbers required to be provided pursuant to
572 paragraph (4)(e); all electronic mail addresses; and all
573 Internet identifiers and each Internet identifier’s
574 corresponding website homepage or application software name
575 required to be provided pursuant to paragraph (4)(e); date and
576 place of each conviction; and a brief description of the crime
577 or crimes committed by the offender. A post office box may not
578 be provided in lieu of a physical residential address. The
579 sexual offender shall also produce his or her passport, if he or
580 she has a passport, and, if he or she is an alien, shall produce
581 or provide information about documents establishing his or her
582 immigration status. The sexual offender shall also provide
583 information about any professional licenses he or she has.
584 1. If the sexual offender’s place of residence is a motor
585 vehicle, trailer, mobile home, or manufactured home, as defined
586 in chapter 320, the sexual offender shall also provide to the
587 department through the sheriff’s office written notice of the
588 vehicle identification number; the license tag number; the
589 registration number; and a description, including color scheme,
590 of the motor vehicle, trailer, mobile home, or manufactured
591 home. If the sexual offender’s place of residence is a vessel,
592 live-aboard vessel, or houseboat, as defined in chapter 327, the
593 sexual offender shall also provide to the department written
594 notice of the hull identification number; the manufacturer’s
595 serial number; the name of the vessel, live-aboard vessel, or
596 houseboat; the registration number; and a description, including
597 color scheme, of the vessel, live-aboard vessel, or houseboat.
598 2. If the sexual offender is enrolled or employed, whether
599 for compensation or as a volunteer, at an institution of higher
600 education in this state, the sexual offender shall also provide
601 to the department pursuant to paragraph (4)(e) the name,
602 address, and county of each institution, including each campus
603 attended, and the sexual offender’s enrollment, volunteer, or
604 employment status. The sheriff, the Department of Corrections,
605 or the Department of Juvenile Justice shall promptly notify each
606 institution of higher education of the sexual offender’s
607 presence and any change in the sexual offender’s enrollment,
608 volunteer, or employment status.
609 3. A sexual offender shall report in person to the
610 sheriff’s office within 48 hours after any change in vehicles
611 owned to report those vehicle information changes.
612 (c) Provide any other information determined necessary by
613 the department, including criminal and corrections records;
614 nonprivileged personnel and treatment records; and evidentiary
615 genetic markers, when available.
616
617 When a sexual offender reports at the sheriff’s office, the
618 sheriff shall take a photograph, a set of fingerprints, and palm
619 prints of the offender and forward the photographs, palm prints,
620 and fingerprints to the department, along with the information
621 provided by the sexual offender. The sheriff shall promptly
622 provide to the department the information received from the
623 sexual offender.
624 (4)
625 (e)1. A sexual offender shall register all electronic mail
626 addresses and Internet identifiers, and each Internet
627 identifier’s corresponding website homepage or application
628 software name, with the department through the department’s
629 online system or in person at the sheriff’s office within 48
630 hours after before using such electronic mail addresses and
631 Internet identifiers. If the sexual offender is in the custody
632 or control, or under the supervision, of the Department of
633 Corrections, he or she must report all electronic mail addresses
634 and Internet identifiers, and each Internet identifier’s
635 corresponding website homepage or application software name, to
636 the Department of Corrections before using such electronic mail
637 addresses or Internet identifiers. If the sexual offender is in
638 the custody or control, or under the supervision, of the
639 Department of Juvenile Justice, he or she must report all
640 electronic mail addresses and Internet identifiers, and each
641 Internet identifier’s corresponding website homepage or
642 application software name, to the Department of Juvenile Justice
643 before using such electronic mail addresses or Internet
644 identifiers.
645 2. A sexual offender shall register all changes to home
646 telephone numbers and cellular telephone numbers, including
647 added and deleted numbers, all changes to employment
648 information, and all changes in status related to enrollment,
649 volunteering, or employment at institutions of higher education,
650 through the department’s online system; in person at the
651 sheriff’s office; in person at the Department of Corrections if
652 the sexual offender is in the custody or control, or under the
653 supervision, of the Department of Corrections; or in person at
654 the Department of Juvenile Justice if the sexual offender is in
655 the custody or control, or under the supervision, of the
656 Department of Juvenile Justice. All changes required to be
657 reported under this subparagraph must be reported within 48
658 hours after the change.
659 3. The department shall establish an online system through
660 which sexual offenders may securely access, submit, and update
661 all changes in status to electronic mail addresses; address and
662 Internet identifiers and each Internet identifier’s
663 corresponding website homepage or application software name;
664 identifier information, home telephone numbers and cellular
665 telephone numbers;, employment information;, and institution of
666 higher education information.
667 (14)
668 (c) The sheriff’s office may determine the appropriate
669 times and days for reporting by the sexual offender, which must
670 be consistent with the reporting requirements of this
671 subsection. Reregistration must include any changes to the
672 following information:
673 1. Name; social security number; age; race; sex; date of
674 birth; height; weight; tattoos or other identifying marks; hair
675 and eye color; address of any permanent residence and address of
676 any current temporary residence, within the state or out of
677 state, including a rural route address and a post office box; if
678 no permanent or temporary address, any transient residence
679 within the state; address, location or description, and dates of
680 any current or known future temporary residence within the state
681 or out of state; all electronic mail addresses or Internet
682 identifiers and each Internet identifier’s corresponding website
683 homepage or application software name required to be provided
684 pursuant to paragraph (4)(e); all home telephone numbers and
685 cellular telephone numbers required to be provided pursuant to
686 paragraph (4)(e); employment information required to be provided
687 pursuant to paragraph (4)(e); the make, model, color, vehicle
688 identification number (VIN), and license tag number of all
689 vehicles owned; fingerprints; palm prints; and photograph. A
690 post office box may not be provided in lieu of a physical
691 residential address. The sexual offender shall also produce his
692 or her passport, if he or she has a passport, and, if he or she
693 is an alien, shall produce or provide information about
694 documents establishing his or her immigration status. The sexual
695 offender shall also provide information about any professional
696 licenses he or she has.
697 2. If the sexual offender is enrolled or employed, whether
698 for compensation or as a volunteer, at an institution of higher
699 education in this state, the sexual offender shall also provide
700 to the department the name, address, and county of each
701 institution, including each campus attended, and the sexual
702 offender’s enrollment, volunteer, or employment status.
703 3. If the sexual offender’s place of residence is a motor
704 vehicle, trailer, mobile home, or manufactured home, as defined
705 in chapter 320, the sexual offender shall also provide the
706 vehicle identification number; the license tag number; the
707 registration number; and a description, including color scheme,
708 of the motor vehicle, trailer, mobile home, or manufactured
709 home. If the sexual offender’s place of residence is a vessel,
710 live-aboard vessel, or houseboat, as defined in chapter 327, the
711 sexual offender shall also provide the hull identification
712 number; the manufacturer’s serial number; the name of the
713 vessel, live-aboard vessel, or houseboat; the registration
714 number; and a description, including color scheme, of the
715 vessel, live-aboard vessel, or houseboat.
716 4. Any sexual offender who fails to report in person as
717 required at the sheriff’s office, who fails to respond to any
718 address verification correspondence from the department within 3
719 weeks of the date of the correspondence, who fails to report all
720 electronic mail addresses and all Internet identifiers, and each
721 Internet identifier’s corresponding website homepage or
722 application software name before use, or who knowingly provides
723 false registration information by act or omission commits a
724 felony of the third degree, punishable as provided in s.
725 775.082, s. 775.083, or s. 775.084.
726 Section 3. For the purpose of incorporating the amendments
727 made by this act to section 775.21, Florida Statutes, in a
728 reference thereto, subsection (2) of section 943.0437, Florida
729 Statutes, is reenacted to read:
730 943.0437 Commercial social networking websites.—
731 (2) The department may provide information relating to
732 electronic mail addresses and Internet identifiers, as defined
733 in s. 775.21, maintained as part of the sexual offender registry
734 to commercial social networking websites or third parties
735 designated by commercial social networking websites. The
736 commercial social networking website may use this information
737 for the purpose of comparing registered users and screening
738 potential users of the commercial social networking website
739 against the list of electronic mail addresses and Internet
740 identifiers provided by the department.
741 Section 4. For the purpose of incorporating the amendment
742 made by this act to section 775.21, Florida Statutes, in a
743 reference thereto, paragraph (c) of subsection (1) of section
744 944.606, Florida Statutes, is reenacted to read:
745 944.606 Sexual offenders; notification upon release.—
746 (1) As used in this section, the term:
747 (c) “Internet identifier” has the same meaning as provided
748 in s. 775.21.
749 Section 5. For the purpose of incorporating the amendment
750 made by this act to section 775.21, Florida Statutes, in a
751 reference thereto, paragraph (e) of subsection (1) of section
752 944.607, Florida Statutes, is reenacted to read:
753 944.607 Notification to Department of Law Enforcement of
754 information on sexual offenders.—
755 (1) As used in this section, the term:
756 (e) “Internet identifier” has the same meaning as provided
757 in s. 775.21.
758 Section 6. For the purpose of incorporating the amendment
759 made by this act to section 775.21, Florida Statutes, in a
760 reference thereto, paragraph (c) of subsection (1) of section
761 985.481, Florida Statutes, is reenacted to read:
762 985.481 Sexual offenders adjudicated delinquent;
763 notification upon release.—
764 (1) As used in this section:
765 (c) “Internet identifier” has the same meaning as provided
766 in s. 775.21.
767 Section 7. For the purpose of incorporating the amendment
768 made by this act to section 775.21, Florida Statutes, in a
769 reference thereto, paragraph (e) of subsection (1) of section
770 985.4815, Florida Statutes, is reenacted to read:
771 985.4815 Notification to Department of Law Enforcement of
772 information on juvenile sexual offenders.—
773 (1) As used in this section, the term:
774 (e) “Internet identifier” has the same meaning as provided
775 in s. 775.21.
776 Section 8. For the purpose of incorporating the amendment
777 made by this act to section 943.0435, Florida Statutes, in a
778 reference thereto, paragraph (a) of subsection (3) of section
779 944.606, Florida Statutes, is reenacted to read:
780 944.606 Sexual offenders; notification upon release.—
781 (3)(a) The department shall provide information regarding
782 any sexual offender who is being released after serving a period
783 of incarceration for any offense, as follows:
784 1. The department shall provide: the sexual offender’s
785 name, any change in the offender’s name by reason of marriage or
786 other legal process, and any alias, if known; the correctional
787 facility from which the sexual offender is released; the sexual
788 offender’s social security number, race, sex, date of birth,
789 height, weight, and hair and eye color; tattoos or other
790 identifying marks; address of any planned permanent residence or
791 temporary residence, within the state or out of state, including
792 a rural route address and a post office box; if no permanent or
793 temporary address, any transient residence within the state;
794 address, location or description, and dates of any known future
795 temporary residence within the state or out of state; date and
796 county of sentence and each crime for which the offender was
797 sentenced; a copy of the offender’s fingerprints, palm prints,
798 and a digitized photograph taken within 60 days before release;
799 the date of release of the sexual offender; all electronic mail
800 addresses and all Internet identifiers required to be provided
801 pursuant to s. 943.0435(4)(e); employment information, if known,
802 provided pursuant to s. 943.0435(4)(e); all home telephone
803 numbers and cellular telephone numbers required to be provided
804 pursuant to s. 943.0435(4)(e); information about any
805 professional licenses the offender has, if known; and passport
806 information, if he or she has a passport, and, if he or she is
807 an alien, information about documents establishing his or her
808 immigration status. The department shall notify the Department
809 of Law Enforcement if the sexual offender escapes, absconds, or
810 dies. If the sexual offender is in the custody of a private
811 correctional facility, the facility shall take the digitized
812 photograph of the sexual offender within 60 days before the
813 sexual offender’s release and provide this photograph to the
814 Department of Corrections and also place it in the sexual
815 offender’s file. If the sexual offender is in the custody of a
816 local jail, the custodian of the local jail shall register the
817 offender within 3 business days after intake of the offender for
818 any reason and upon release, and shall notify the Department of
819 Law Enforcement of the sexual offender’s release and provide to
820 the Department of Law Enforcement the information specified in
821 this paragraph and any information specified in subparagraph 2.
822 that the Department of Law Enforcement requests.
823 2. The department may provide any other information deemed
824 necessary, including criminal and corrections records,
825 nonprivileged personnel and treatment records, when available.
826 Section 9. For the purpose of incorporating the amendment
827 made by this act to section 943.0435, Florida Statutes, in
828 references thereto, paragraph (a) of subsection (4), subsection
829 (9), and paragraph (c) of subsection (13) of section 944.607,
830 Florida Statutes, are reenacted to read:
831 944.607 Notification to Department of Law Enforcement of
832 information on sexual offenders.—
833 (4) A sexual offender, as described in this section, who is
834 under the supervision of the Department of Corrections but is
835 not incarcerated shall register with the Department of
836 Corrections within 3 business days after sentencing for a
837 registrable offense and otherwise provide information as
838 required by this subsection.
839 (a) The sexual offender shall provide his or her name; date
840 of birth; social security number; race; sex; height; weight;
841 hair and eye color; tattoos or other identifying marks; all
842 electronic mail addresses and Internet identifiers required to
843 be provided pursuant to s. 943.0435(4)(e); employment
844 information required to be provided pursuant to s.
845 943.0435(4)(e); all home telephone numbers and cellular
846 telephone numbers required to be provided pursuant to s.
847 943.0435(4)(e); the make, model, color, vehicle identification
848 number (VIN), and license tag number of all vehicles owned;
849 permanent or legal residence and address of temporary residence
850 within the state or out of state while the sexual offender is
851 under supervision in this state, including any rural route
852 address or post office box; if no permanent or temporary
853 address, any transient residence within the state; and address,
854 location or description, and dates of any current or known
855 future temporary residence within the state or out of state. The
856 sexual offender shall also produce his or her passport, if he or
857 she has a passport, and, if he or she is an alien, shall produce
858 or provide information about documents establishing his or her
859 immigration status. The sexual offender shall also provide
860 information about any professional licenses he or she has. The
861 Department of Corrections shall verify the address of each
862 sexual offender in the manner described in ss. 775.21 and
863 943.0435. The department shall report to the Department of Law
864 Enforcement any failure by a sexual predator or sexual offender
865 to comply with registration requirements.
866 (9) A sexual offender, as described in this section, who is
867 under the supervision of the Department of Corrections but who
868 is not incarcerated shall, in addition to the registration
869 requirements provided in subsection (4), register and obtain a
870 distinctive driver license or identification card in the manner
871 provided in s. 943.0435(3), (4), and (5), unless the sexual
872 offender is a sexual predator, in which case he or she shall
873 register and obtain a distinctive driver license or
874 identification card as required under s. 775.21. A sexual
875 offender who fails to comply with the requirements of s.
876 943.0435 is subject to the penalties provided in s. 943.0435(9).
877 (13)
878 (c) The sheriff’s office may determine the appropriate
879 times and days for reporting by the sexual offender, which must
880 be consistent with the reporting requirements of this
881 subsection. Reregistration must include any changes to the
882 following information:
883 1. Name; social security number; age; race; sex; date of
884 birth; height; weight; tattoos or other identifying marks; hair
885 and eye color; address of any permanent residence and address of
886 any current temporary residence, within the state or out of
887 state, including a rural route address and a post office box; if
888 no permanent or temporary address, any transient residence;
889 address, location or description, and dates of any current or
890 known future temporary residence within the state or out of
891 state; all electronic mail addresses and Internet identifiers
892 required to be provided pursuant to s. 943.0435(4)(e); all home
893 telephone numbers and cellular telephone numbers required to be
894 provided pursuant to s. 943.0435(4)(e); employment information
895 required to be provided pursuant to s. 943.0435(4)(e); the make,
896 model, color, vehicle identification number (VIN), and license
897 tag number of all vehicles owned; fingerprints; palm prints; and
898 photograph. A post office box may not be provided in lieu of a
899 physical residential address. The sexual offender shall also
900 produce his or her passport, if he or she has a passport, and,
901 if he or she is an alien, shall produce or provide information
902 about documents establishing his or her immigration status. The
903 sexual offender shall also provide information about any
904 professional licenses he or she has.
905 2. If the sexual offender is enrolled or employed, whether
906 for compensation or as a volunteer, at an institution of higher
907 education in this state, the sexual offender shall also provide
908 to the department the name, address, and county of each
909 institution, including each campus attended, and the sexual
910 offender’s enrollment, volunteer, or employment status.
911 3. If the sexual offender’s place of residence is a motor
912 vehicle, trailer, mobile home, or manufactured home, as defined
913 in chapter 320, the sexual offender shall also provide the
914 vehicle identification number; the license tag number; the
915 registration number; and a description, including color scheme,
916 of the motor vehicle, trailer, mobile home, or manufactured
917 home. If the sexual offender’s place of residence is a vessel,
918 live-aboard vessel, or houseboat, as defined in chapter 327, the
919 sexual offender shall also provide the hull identification
920 number; the manufacturer’s serial number; the name of the
921 vessel, live-aboard vessel, or houseboat; the registration
922 number; and a description, including color scheme, of the
923 vessel, live-aboard vessel or houseboat.
924 4. Any sexual offender who fails to report in person as
925 required at the sheriff’s office, who fails to respond to any
926 address verification correspondence from the department within 3
927 weeks of the date of the correspondence, who fails to report all
928 electronic mail addresses or Internet identifiers before use, or
929 who knowingly provides false registration information by act or
930 omission commits a felony of the third degree, punishable as
931 provided in s. 775.082, s. 775.083, or s. 775.084.
932 Section 10. For the purpose of incorporating the amendment
933 made by this act to section 943.0435, Florida Statutes, in a
934 reference thereto, paragraph (a) of subsection (3) of section
935 985.481, Florida Statutes, is reenacted to read:
936 985.481 Sexual offenders adjudicated delinquent;
937 notification upon release.—
938 (3)(a) The department shall provide information regarding
939 any sexual offender who is being released after serving a period
940 of residential commitment under the department for any offense,
941 as follows:
942 1. The department shall provide the sexual offender’s name,
943 any change in the offender’s name by reason of marriage or other
944 legal process, and any alias, if known; the correctional
945 facility from which the sexual offender is released; the sexual
946 offender’s social security number, race, sex, date of birth,
947 height, weight, and hair and eye color; tattoos or other
948 identifying marks; the make, model, color, vehicle
949 identification number (VIN), and license tag number of all
950 vehicles owned; address of any planned permanent residence or
951 temporary residence, within the state or out of state, including
952 a rural route address and a post office box; if no permanent or
953 temporary address, any transient residence within the state;
954 address, location or description, and dates of any known future
955 temporary residence within the state or out of state; date and
956 county of disposition and each crime for which there was a
957 disposition; a copy of the offender’s fingerprints, palm prints,
958 and a digitized photograph taken within 60 days before release;
959 the date of release of the sexual offender; all home telephone
960 numbers and cellular telephone numbers required to be provided
961 pursuant to s. 943.0435(4)(e); all electronic mail addresses and
962 Internet identifiers required to be provided pursuant to s.
963 943.0435(4)(e); information about any professional licenses the
964 offender has, if known; and passport information, if he or she
965 has a passport, and, if he or she is an alien, information about
966 documents establishing his or her immigration status. The
967 department shall notify the Department of Law Enforcement if the
968 sexual offender escapes, absconds, or dies. If the sexual
969 offender is in the custody of a private correctional facility,
970 the facility shall take the digitized photograph of the sexual
971 offender within 60 days before the sexual offender’s release and
972 also place it in the sexual offender’s file. If the sexual
973 offender is in the custody of a local jail, the custodian of the
974 local jail shall register the offender within 3 business days
975 after intake of the offender for any reason and upon release,
976 and shall notify the Department of Law Enforcement of the sexual
977 offender’s release and provide to the Department of Law
978 Enforcement the information specified in this subparagraph and
979 any information specified in subparagraph 2. which the
980 Department of Law Enforcement requests.
981 2. The department may provide any other information
982 considered necessary, including criminal and delinquency
983 records, when available.
984 Section 11. For the purpose of incorporating the amendment
985 made by this act to section 943.0435, Florida Statutes, in
986 references thereto, paragraph (a) of subsection (4), subsection
987 (9), and paragraph (b) of subsection (13) of section 985.4815,
988 Florida Statutes, are reenacted to read:
989 985.4815 Notification to Department of Law Enforcement of
990 information on juvenile sexual offenders.—
991 (4) A sexual offender, as described in this section, who is
992 under the supervision of the department but who is not committed
993 shall register with the department within 3 business days after
994 adjudication and disposition for a registrable offense and
995 otherwise provide information as required by this subsection.
996 (a) The sexual offender shall provide his or her name; date
997 of birth; social security number; race; sex; height; weight;
998 hair and eye color; tattoos or other identifying marks; the
999 make, model, color, vehicle identification number (VIN), and
1000 license tag number of all vehicles owned; permanent or legal
1001 residence and address of temporary residence within the state or
1002 out of state while the sexual offender is in the care or custody
1003 or under the jurisdiction or supervision of the department in
1004 this state, including any rural route address or post office
1005 box; if no permanent or temporary address, any transient
1006 residence; address, location or description, and dates of any
1007 current or known future temporary residence within the state or
1008 out of state; all home telephone numbers and cellular telephone
1009 numbers required to be provided pursuant to s. 943.0435(4)(e);
1010 all electronic mail addresses and Internet identifiers required
1011 to be provided pursuant to s. 943.0435(4)(e); and the name and
1012 address of each school attended. The sexual offender shall also
1013 produce his or her passport, if he or she has a passport, and,
1014 if he or she is an alien, shall produce or provide information
1015 about documents establishing his or her immigration status. The
1016 offender shall also provide information about any professional
1017 licenses he or she has. The department shall verify the address
1018 of each sexual offender and shall report to the Department of
1019 Law Enforcement any failure by a sexual offender to comply with
1020 registration requirements.
1021 (9) A sexual offender, as described in this section, who is
1022 under the care, jurisdiction, or supervision of the department
1023 but who is not incarcerated shall, in addition to the
1024 registration requirements provided in subsection (4), register
1025 in the manner provided in s. 943.0435(3), (4), and (5), unless
1026 the sexual offender is a sexual predator, in which case he or
1027 she shall register as required under s. 775.21. A sexual
1028 offender who fails to comply with the requirements of s.
1029 943.0435 is subject to the penalties provided in s. 943.0435(9).
1030 (13)
1031 (b) The sheriff’s office may determine the appropriate
1032 times and days for reporting by the sexual offender, which must
1033 be consistent with the reporting requirements of this
1034 subsection. Reregistration must include any changes to the
1035 following information:
1036 1. Name; social security number; age; race; sex; date of
1037 birth; height; weight; hair and eye color; tattoos or other
1038 identifying marks; fingerprints; palm prints; address of any
1039 permanent residence and address of any current temporary
1040 residence, within the state or out of state, including a rural
1041 route address and a post office box; if no permanent or
1042 temporary address, any transient residence; address, location or
1043 description, and dates of any current or known future temporary
1044 residence within the state or out of state; passport
1045 information, if he or she has a passport, and, if he or she is
1046 an alien, information about documents establishing his or her
1047 immigration status; all home telephone numbers and cellular
1048 telephone numbers required to be provided pursuant to s.
1049 943.0435(4)(e); all electronic mail addresses and Internet
1050 identifiers required to be provided pursuant to s.
1051 943.0435(4)(e); name and address of each school attended;
1052 employment information required to be provided pursuant to s.
1053 943.0435(4)(e); the make, model, color, vehicle identification
1054 number (VIN), and license tag number of all vehicles owned; and
1055 photograph. A post office box may not be provided in lieu of a
1056 physical residential address. The offender shall also provide
1057 information about any professional licenses he or she has.
1058 2. If the sexual offender is enrolled or employed, whether
1059 for compensation or as a volunteer, at an institution of higher
1060 education in this state, the sexual offender shall also provide
1061 to the department the name, address, and county of each
1062 institution, including each campus attended, and the sexual
1063 offender’s enrollment, volunteer, or employment status.
1064 3. If the sexual offender’s place of residence is a motor
1065 vehicle, trailer, mobile home, or manufactured home, as defined
1066 in chapter 320, the sexual offender shall also provide the
1067 vehicle identification number; the license tag number; the
1068 registration number; and a description, including color scheme,
1069 of the motor vehicle, trailer, mobile home, or manufactured
1070 home. If the sexual offender’s place of residence is a vessel,
1071 live-aboard vessel, or houseboat, as defined in chapter 327, the
1072 sexual offender shall also provide the hull identification
1073 number; the manufacturer’s serial number; the name of the
1074 vessel, live-aboard vessel, or houseboat; the registration
1075 number; and a description, including color scheme, of the
1076 vessel, live-aboard vessel, or houseboat.
1077 4. Any sexual offender who fails to report in person as
1078 required at the sheriff’s office, who fails to respond to any
1079 address verification correspondence from the department within 3
1080 weeks after the date of the correspondence, or who knowingly
1081 provides false registration information by act or omission
1082 commits a felony of the third degree, punishable as provided in
1083 ss. 775.082, 775.083, and 775.084.
1084 Section 12. For the purpose of incorporating the amendments
1085 made by this act to sections 775.21 and 943.0435, Florida
1086 Statutes, in a reference thereto, subsection (1) of section
1087 794.056, Florida Statutes, is reenacted to read:
1088 794.056 Rape Crisis Program Trust Fund.—
1089 (1) The Rape Crisis Program Trust Fund is created within
1090 the Department of Health for the purpose of providing funds for
1091 rape crisis centers in this state. Trust fund moneys shall be
1092 used exclusively for the purpose of providing services for
1093 victims of sexual assault. Funds credited to the trust fund
1094 consist of those funds collected as an additional court
1095 assessment in each case in which a defendant pleads guilty or
1096 nolo contendere to, or is found guilty of, regardless of
1097 adjudication, an offense provided in s. 775.21(6) and (10)(a),
1098 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
1099 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
1100 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
1101 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
1102 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
1103 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
1104 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
1105 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
1106 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
1107 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
1108 fund also shall include revenues provided by law, moneys
1109 appropriated by the Legislature, and grants from public or
1110 private entities.
1111 Section 13. For the purpose of incorporating the amendments
1112 made by this act to sections 775.21 and 943.0435, Florida
1113 Statutes, in references thereto, paragraph (g) of subsection (3)
1114 of section 921.0022, Florida Statutes, is reenacted to read:
1115 921.0022 Criminal Punishment Code; offense severity ranking
1116 chart.—
1117 (3) OFFENSE SEVERITY RANKING CHART
1118 (g) LEVEL 7
1119
1120 FloridaStatute FelonyDegree Description
1121 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
1122 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1123 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.
1124 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1125 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1126 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1127 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1128 456.065(2) 3rd Practicing a health care profession without a license.
1129 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1130 458.327(1) 3rd Practicing medicine without a license.
1131 459.013(1) 3rd Practicing osteopathic medicine without a license.
1132 460.411(1) 3rd Practicing chiropractic medicine without a license.
1133 461.012(1) 3rd Practicing podiatric medicine without a license.
1134 462.17 3rd Practicing naturopathy without a license.
1135 463.015(1) 3rd Practicing optometry without a license.
1136 464.016(1) 3rd Practicing nursing without a license.
1137 465.015(2) 3rd Practicing pharmacy without a license.
1138 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1139 467.201 3rd Practicing midwifery without a license.
1140 468.366 3rd Delivering respiratory care services without a license.
1141 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1142 483.901(7) 3rd Practicing medical physics without a license.
1143 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1144 484.053 3rd Dispensing hearing aids without a license.
1145 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.
1146 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.
1147 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1148 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1149 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1150 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1151 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1152 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1153 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1154 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1155 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1156 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1157 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1158 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1159 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1160 784.048(7) 3rd Aggravated stalking; violation of court order.
1161 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1162 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1163 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1164 784.081(1) 1st Aggravated battery on specified official or employee.
1165 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1166 784.083(1) 1st Aggravated battery on code inspector.
1167 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1168 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.
1169 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1170 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1171 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1172 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1173 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1174 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1175 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1176 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.
1177 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1178 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1179 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1180 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.
1181 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.
1182 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1183 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1184 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1185 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1186 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1187 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.
1188 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1189 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1190 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1191 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1192 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1193 812.131(2)(a) 2nd Robbery by sudden snatching.
1194 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1195 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1196 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1197 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1198 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1199 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.
1200 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1201 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
1202 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1203 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.
1204 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1205 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1206 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1207 838.015 2nd Bribery.
1208 838.016 2nd Unlawful compensation or reward for official behavior.
1209 838.021(3)(a) 2nd Unlawful harm to a public servant.
1210 838.22 2nd Bid tampering.
1211 843.0855(2) 3rd Impersonation of a public officer or employee.
1212 843.0855(3) 3rd Unlawful simulation of legal process.
1213 843.0855(4) 3rd Intimidation of a public officer or employee.
1214 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1215 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1216 872.06 2nd Abuse of a dead human body.
1217 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1218 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1219 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.
1220 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.
1221 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
1222 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1223 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1224 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1225 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
1226 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1227 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1228 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1229 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1230 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1231 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1232 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1233 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1234 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1235 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1236 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1237 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1238 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1239 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1240 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1241 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1242 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1243 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1244 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1245 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1246 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1247 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1248 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1249 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1250 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1251 Section 14. For the purpose of incorporating the amendments
1252 made by this act to sections 775.21 and 943.0435, Florida
1253 Statutes, in references thereto, section 938.085, Florida
1254 Statutes, is reenacted to read:
1255 938.085 Additional cost to fund rape crisis centers.—In
1256 addition to any sanction imposed when a person pleads guilty or
1257 nolo contendere to, or is found guilty of, regardless of
1258 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
1259 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
1260 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
1261 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
1262 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
1263 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
1264 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
1265 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
1266 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
1267 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
1268 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
1269 $151. Payment of the surcharge shall be a condition of
1270 probation, community control, or any other court-ordered
1271 supervision. The sum of $150 of the surcharge shall be deposited
1272 into the Rape Crisis Program Trust Fund established within the
1273 Department of Health by chapter 2003-140, Laws of Florida. The
1274 clerk of the court shall retain $1 of each surcharge that the
1275 clerk of the court collects as a service charge of the clerk’s
1276 office.
1277 Section 15. This act shall take effect upon becoming a law.