Florida Senate - 2017 CS for SB 684
By the Committee on Criminal Justice; and Senator Baxley
591-03322-17 2017684c1
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 home page or application software name with
8 the Department of Law Enforcement through the
9 sheriff’s office; requiring a sexual predator to
10 report any change to certain information after initial
11 in-person registration in a specified manner;
12 requiring a sexual predator to register all electronic
13 mail addresses, Internet identifiers, and Internet
14 identifiers’ corresponding website home pages or
15 application names with the department within 48 hours
16 after using the addresses or identifiers, rather than
17 before using them; providing that the department’s
18 sexual predator registration list is a public record,
19 unless otherwise made exempt or confidential and
20 exempt; revising the information that a sexual
21 predator must report to the sheriff’s office each
22 year; conforming provisions to change made by the act;
23 making technical changes; amending s. 943.0435, F.S.;
24 requiring a sexual offender, upon initial
25 registration, to report in person at the sheriff’s
26 office; requiring the sexual offender to report any
27 change to each Internet identifier’s corresponding
28 website home page or application software name in
29 person at the sheriff’s office in a specified manner;
30 requiring a sexual offender to report any change to
31 certain information after initial in-person
32 registration in a specified manner; requiring a sexual
33 offender to register all electronic mail addresses and
34 Internet identifiers, and each Internet identifier’s
35 corresponding website home page or application
36 software name, with a specified period after using
37 these addresses or identifiers, rather than before
38 using them; making technical changes; reenacting ss.
39 943.0437(2), 944.606(1)(c), 944.607(1)(e),
40 985.481(1)(c), and 985.4815(1)(e), F.S., relating to
41 the definition of the term “Internet identifier,” to
42 incorporate the amendment made to s. 775.21, F.S., in
43 references thereto; reenacting ss. 944.606(3)(a),
44 944.607(4)(a), (9), and (13)(c), 985.481(3)(a), and
45 985.4815(4)(a), (9), and (13)(b), F.S., relating to
46 sexual offenders, notification to the Department of
47 Law Enforcement of information on sexual offenders,
48 notification to the department upon release of sexual
49 offenders adjudicated delinquent, and notification to
50 the department of information on juvenile sexual
51 offenders, respectively, to incorporate the amendment
52 made to s. 943.0435, F.S., in references thereto;
53 reenacting ss. 794.056(1), 921.0022(3)(g), and
54 938.085, F.S., relating to the Rape Crisis Program
55 Trust Fund, the Criminal Punishment Code offense
56 severity ranking chart, and additional costs to fund
57 rape crisis centers, respectively, to incorporate the
58 amendments made to ss. 775.21 and 943.0435, F.S., in
59 references thereto; providing an effective date.
60
61 Be It Enacted by the Legislature of the State of Florida:
62
63 Section 1. Present paragraphs (m), (n), and (o) of
64 subsection (2) of section 775.21, Florida Statutes, are
65 redesignated as paragraphs (n), (o), and (p), respectively, a
66 new paragraph (m) is added to that subsection, paragraph (j) of
67 that subsection is amended, paragraphs (a) and (d) of subsection
68 (4) and paragraph (d) of subsection (5) of that section are
69 republished, paragraphs (a), (e), (g), and (k) of subsection (6)
70 of that section are amended, paragraph (i) of subsection (6) of
71 that section is republished, paragraph (a) of subsection (8) and
72 paragraph (a) of subsection (10) of that section are amended,
73 and paragraph (e) of subsection (10) of that section is
74 republished, to read:
75 775.21 The Florida Sexual Predators Act.—
76 (2) DEFINITIONS.—As used in this section, the term:
77 (j) “Internet identifier” means any designation, moniker,
78 screen name, username, or other name used for self
79 identification to send or receive social Internet communication
80 includes, but is not limited to, all website uniform resource
81 locators (URLs) and application software, whether mobile or
82 nonmobile, used for Internet communication, including anonymous
83 communication, through electronic mail, chat, instant messages,
84 social networking, social gaming, or other similar programs and
85 all corresponding usernames, logins, screen names, and screen
86 identifiers associated with each URL or application software.
87 Internet identifier does not include a date of birth, social
88 security number, personal identification number (PIN), or
89 password. A sexual offender’s or sexual predator’s use of an
90 Internet identifier that discloses his or her date of birth,
91 social security number, personal identification number (PIN),
92 password, or other information that would reveal the identity of
93 the sexual offender or sexual predator URL, or application
94 software used for utility, banking, retail, or medical purposes.
95 Voluntary disclosure by a sexual predator or sexual offender of
96 his or her date of birth, Social Security number, or PIN as an
97 Internet identifier waives the disclosure exemption in this
98 paragraph and in s. 119.071(5)(l) for such personal information.
99 (m) “Social Internet communication” means any communication
100 through a commercial social networking website, as defined in s.
101 943.0437, or application software. The term does not include any
102 of the following:
103 1. Communication for which the primary purpose is the
104 facilitation of commercial transactions involving goods or
105 services;
106 2. Communication on an Internet website for which the
107 primary purpose of the website is the dissemination of news; or
108 3. Communication with a governmental entity.
109
110 For purposes of this paragraph, the term “application software”
111 means any computer program that is designed to run on a mobile
112 device such as a smartphone or tablet computer, that allows
113 users to create web pages or profiles that provide information
114 about themselves and are available publicly or to other users,
115 and that offers a mechanism for communication with other users
116 through a forum, a chatroom, electronic mail, or an instant
117 messenger.
118 (4) SEXUAL PREDATOR CRITERIA.—
119 (a) For a current offense committed on or after October 1,
120 1993, upon conviction, an offender shall be designated as a
121 “sexual predator” under subsection (5), and subject to
122 registration under subsection (6) and community and public
123 notification under subsection (7) if:
124 1. The felony is:
125 a. A capital, life, or first degree felony violation, or
126 any attempt thereof, of s. 787.01 or s. 787.02, where the victim
127 is a minor, or s. 794.011, s. 800.04, or s. 847.0145, or a
128 violation of a similar law of another jurisdiction; or
129 b. Any felony violation, or any attempt thereof, of s.
130 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
131 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
132 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
133 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
134 s. 800.04; s. 810.145(8)(b); s. 825.1025; s. 827.071; s.
135 847.0135, excluding s. 847.0135(6); s. 847.0145; s. 895.03, if
136 the court makes a written finding that the racketeering activity
137 involved at least one sexual offense listed in this sub
138 subparagraph or at least one offense listed in this sub
139 subparagraph with sexual intent or motive; s. 916.1075(2); or s.
140 985.701(1); or a violation of a similar law of another
141 jurisdiction, and the offender has previously been convicted of
142 or found to have committed, or has pled nolo contendere or
143 guilty to, regardless of adjudication, any violation of s.
144 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
145 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
146 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
147 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
148 s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
149 excluding s. 847.0135(6); s. 847.0145; s. 895.03, if the court
150 makes a written finding that the racketeering activity involved
151 at least one sexual offense listed in this sub-subparagraph or
152 at least one offense listed in this sub-subparagraph with sexual
153 intent or motive; s. 916.1075(2); or s. 985.701(1); or a
154 violation of a similar law of another jurisdiction;
155 2. The offender has not received a pardon for any felony or
156 similar law of another jurisdiction that is necessary for the
157 operation of this paragraph; and
158 3. A conviction of a felony or similar law of another
159 jurisdiction necessary to the operation of this paragraph has
160 not been set aside in any postconviction proceeding.
161 (d) An offender who has been determined to be a sexually
162 violent predator pursuant to a civil commitment proceeding under
163 chapter 394 shall be designated as a “sexual predator” under
164 subsection (5) and subject to registration under subsection (6)
165 and community and public notification under subsection (7).
166 (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
167 as a sexual predator as follows:
168 (d) A person who establishes or maintains a residence in
169 this state and who has not been designated as a sexual predator
170 by a court of this state but who has been designated as a sexual
171 predator, as a sexually violent predator, or by another sexual
172 offender designation in another state or jurisdiction and was,
173 as a result of such designation, subjected to registration or
174 community or public notification, or both, or would be if the
175 person was a resident of that state or jurisdiction, without
176 regard to whether the person otherwise meets the criteria for
177 registration as a sexual offender, shall register in the manner
178 provided in s. 943.0435 or s. 944.607 and shall be subject to
179 community and public notification as provided in s. 943.0435 or
180 s. 944.607. A person who meets the criteria of this section is
181 subject to the requirements and penalty provisions of s.
182 943.0435 or s. 944.607 until the person provides the department
183 with an order issued by the court that designated the person as
184 a sexual predator, as a sexually violent predator, or by another
185 sexual offender designation in the state or jurisdiction in
186 which the order was issued which states that such designation
187 has been removed or demonstrates to the department that such
188 designation, if not imposed by a court, has been removed by
189 operation of law or court order in the state or jurisdiction in
190 which the designation was made, and provided such person no
191 longer meets the criteria for registration as a sexual offender
192 under the laws of this state.
193 (6) REGISTRATION.—
194 (a) A sexual predator shall register with the department
195 through the sheriff’s office by providing the following
196 information to the department:
197 1. Name; social security number; age; race; sex; date of
198 birth; height; weight; tattoos or other identifying marks; hair
199 and eye color; photograph; address of legal residence and
200 address of any current temporary residence, within the state or
201 out of state, including a rural route address and a post office
202 box; if no permanent or temporary address, any transient
203 residence within the state; address, location or description,
204 and dates of any current or known future temporary residence
205 within the state or out of state; all electronic mail addresses;
206 and all Internet identifiers and each Internet identifier’s
207 corresponding website home page or application software name
208 required to be provided pursuant to subparagraph (g)5.; all home
209 telephone numbers and cellular telephone numbers required to be
210 provided pursuant to subparagraph (g)5.; employment information
211 required to be provided pursuant to subparagraph (g)5.; the
212 make, model, color, vehicle identification number (VIN), and
213 license tag number of all vehicles owned; date and place of each
214 conviction; fingerprints; palm prints; and a brief description
215 of the crime or crimes committed by the offender. A post office
216 box may not be provided in lieu of a physical residential
217 address. The sexual predator shall produce his or her passport,
218 if he or she has a passport, and, if he or she is an alien,
219 shall produce or provide information about documents
220 establishing his or her immigration status. The sexual predator
221 shall also provide information about any professional licenses
222 he or she has.
223 a. Any change that occurs after the sexual predator
224 registers in person at the sheriff’s office as provided in this
225 subparagraph in any of the following information related to the
226 sexual predator must be reported as provided in paragraphs (g),
227 (i), and (j): permanent, temporary, or transient residence;
228 name; electronic mail addresses; Internet identifiers and each
229 Internet identifier’s corresponding website home page or
230 application software name; home telephone numbers and cellular
231 telephone numbers; employment information; and status at an
232 institution of higher education.
233 b.a. If the sexual predator’s place of residence is a motor
234 vehicle, trailer, mobile home, or manufactured home, as defined
235 in chapter 320, the sexual predator shall also provide to the
236 department written notice of the vehicle identification number;
237 the license tag number; the registration number; and a
238 description, including color scheme, of the motor vehicle,
239 trailer, mobile home, or manufactured home. If a sexual
240 predator’s place of residence is a vessel, live-aboard vessel,
241 or houseboat, as defined in chapter 327, the sexual predator
242 shall also provide to the department written notice of the hull
243 identification number; the manufacturer’s serial number; the
244 name of the vessel, live-aboard vessel, or houseboat; the
245 registration number; and a description, including color scheme,
246 of the vessel, live-aboard vessel, or houseboat.
247 c.b. If the sexual predator is enrolled or employed,
248 whether for compensation or as a volunteer, at an institution of
249 higher education in this state, the sexual predator shall also
250 provide to the department pursuant to subparagraph (g)5. the
251 name, address, and county of each institution, including each
252 campus attended, and the sexual predator’s enrollment,
253 volunteer, or employment status. The sheriff, the Department of
254 Corrections, or the Department of Juvenile Justice shall
255 promptly notify each institution of higher education of the
256 sexual predator’s presence and any change in the sexual
257 predator’s enrollment, volunteer, or employment status.
258 d.c. A sexual predator shall report in person to the
259 sheriff’s office within 48 hours after any change in vehicles
260 owned to report those vehicle information changes.
261 2. Any other information determined necessary by the
262 department, including criminal and corrections records;
263 nonprivileged personnel and treatment records; and evidentiary
264 genetic markers when available.
265 (e)1. If the sexual predator is not in the custody or
266 control of, or under the supervision of, the Department of
267 Corrections or is not in the custody of a private correctional
268 facility, the sexual predator shall register in person:
269 a. At the sheriff’s office in the county where he or she
270 establishes or maintains a residence within 48 hours after
271 establishing or maintaining a residence in this state; and
272 b. At the sheriff’s office in the county where he or she
273 was designated a sexual predator by the court within 48 hours
274 after such finding is made.
275 2. Any change that occurs after the sexual predator
276 registers in person at the sheriff’s office as provided in
277 subparagraph 1. in any of the following information related to
278 in the sexual predator must be reported as provided in
279 paragraphs (g), (i), and (j): predator’s permanent, temporary,
280 or transient residence; name; vehicles owned; electronic mail
281 addresses; Internet identifiers and each Internet identifier’s
282 corresponding website home page or application software name;
283 home telephone numbers and cellular telephone numbers; and
284 employment information; and any change in status at an
285 institution of higher education, required to be provided
286 pursuant to subparagraph (g)5., after the sexual predator
287 registers in person at the sheriff’s office as provided in
288 subparagraph 1. must be accomplished in the manner provided in
289 paragraphs (g), (i), and (j). When a sexual predator registers
290 with the sheriff’s office, the sheriff shall take a photograph,
291 a set of fingerprints, and palm prints of the predator and
292 forward the photographs, palm prints, and fingerprints to the
293 department, along with the information that the predator is
294 required to provide pursuant to this section.
295 (g)1. Each time a sexual predator’s driver license or
296 identification card is subject to renewal, and, without regard
297 to the status of the predator’s driver license or identification
298 card, within 48 hours after any change of the predator’s
299 residence or change in the predator’s name by reason of marriage
300 or other legal process, the predator shall report in person to a
301 driver license office and is subject to the requirements
302 specified in paragraph (f). The Department of Highway Safety and
303 Motor Vehicles shall forward to the department and to the
304 Department of Corrections all photographs and information
305 provided by sexual predators. Notwithstanding the restrictions
306 set forth in s. 322.142, the Department of Highway Safety and
307 Motor Vehicles may release a reproduction of a color-photograph
308 or digital-image license to the Department of Law Enforcement
309 for purposes of public notification of sexual predators as
310 provided in this section. A sexual predator who is unable to
311 secure or update a driver license or an identification card with
312 the Department of Highway Safety and Motor Vehicles as provided
313 in paragraph (f) and this paragraph shall also report any change
314 of the predator’s residence or change in the predator’s name by
315 reason of marriage or other legal process within 48 hours after
316 the change to the sheriff’s office in the county where the
317 predator resides or is located and provide confirmation that he
318 or she reported such information to the Department of Highway
319 Safety and Motor Vehicles. The reporting requirements under this
320 subparagraph do not negate the requirement for a sexual predator
321 to obtain a Florida driver license or identification card as
322 required by this section.
323 2.a. A sexual predator who vacates a permanent, temporary,
324 or transient residence and fails to establish or maintain
325 another permanent, temporary, or transient residence shall,
326 within 48 hours after vacating the permanent, temporary, or
327 transient residence, report in person to the sheriff’s office of
328 the county in which he or she is located. The sexual predator
329 shall specify the date upon which he or she intends to or did
330 vacate such residence. The sexual predator shall provide or
331 update all of the registration information required under
332 paragraph (a). The sexual predator shall provide an address for
333 the residence or other place that he or she is or will be
334 located during the time in which he or she fails to establish or
335 maintain a permanent or temporary residence.
336 b. A sexual predator shall report in person at the
337 sheriff’s office in the county in which he or she is located
338 within 48 hours after establishing a transient residence and
339 thereafter must report in person every 30 days to the sheriff’s
340 office in the county in which he or she is located while
341 maintaining a transient residence. The sexual predator must
342 provide the addresses and locations where he or she maintains a
343 transient residence. Each sheriff’s office shall establish
344 procedures for reporting transient residence information and
345 provide notice to transient registrants to report transient
346 residence information as required in this sub-subparagraph.
347 Reporting to the sheriff’s office as required by this sub
348 subparagraph does not exempt registrants from any reregistration
349 requirement. The sheriff may coordinate and enter into
350 agreements with police departments and other governmental
351 entities to facilitate additional reporting sites for transient
352 residence registration required in this sub-subparagraph. The
353 sheriff’s office shall, within 2 business days, electronically
354 submit and update all information provided by the sexual
355 predator to the department.
356 3. A sexual predator who remains at a permanent, temporary,
357 or transient residence after reporting his or her intent to
358 vacate such residence shall, within 48 hours after the date upon
359 which the predator indicated he or she would or did vacate such
360 residence, report in person to the sheriff’s office to which he
361 or she reported pursuant to subparagraph 2. for the purpose of
362 reporting his or her address at such residence. When the sheriff
363 receives the report, the sheriff shall promptly convey the
364 information to the department. An offender who makes a report as
365 required under subparagraph 2. but fails to make a report as
366 required under this subparagraph commits a felony of the second
367 degree, punishable as provided in s. 775.082, s. 775.083, or s.
368 775.084.
369 4. The failure of a sexual predator who maintains a
370 transient residence to report in person to the sheriff’s office
371 every 30 days as required by sub-subparagraph 2.b. is punishable
372 as provided in subsection (10).
373 5.a. A sexual predator shall register all electronic mail
374 addresses and Internet identifiers, and each Internet
375 identifier’s corresponding website home page or application
376 software name, with the department through the department’s
377 online system or in person at the sheriff’s office within 48
378 hours after before using such electronic mail addresses and
379 Internet identifiers. If the sexual predator is in the custody
380 or control, or under the supervision, of the Department of
381 Corrections, he or she must report all electronic mail addresses
382 and Internet identifiers, and each Internet identifier’s
383 corresponding website home page or application software name, to
384 the Department of Corrections before using such electronic mail
385 addresses or Internet identifiers. If the sexual predator is in
386 the custody or control, or under the supervision, of the
387 Department of Juvenile Justice, he or she must report all
388 electronic mail addresses and Internet identifiers, and each
389 Internet identifier’s corresponding website home page or
390 application software name, to the Department of Juvenile Justice
391 before using such electronic mail addresses or Internet
392 identifiers.
393 b. A sexual predator shall register all changes to home
394 telephone numbers and cellular telephone numbers, including
395 added and deleted numbers, all changes to employment
396 information, and all changes in status related to enrollment,
397 volunteering, or employment at institutions of higher education,
398 through the department’s online system; in person at the
399 sheriff’s office; in person at the Department of Corrections if
400 the sexual predator is in the custody or control, or under the
401 supervision, of the Department of Corrections; or in person at
402 the Department of Juvenile Justice if the sexual predator is in
403 the custody or control, or under the supervision, of the
404 Department of Juvenile Justice. All changes required to be
405 reported in this sub-subparagraph shall be reported within 48
406 hours after the change.
407 c. The department shall establish an online system through
408 which sexual predators may securely access, submit, and update
409 all electronic mail addresses; address and Internet identifiers
410 and each Internet identifier’s corresponding website home page
411 or application software name; identifier information, home
412 telephone numbers and cellular telephone numbers;, employment
413 information;, and institution of higher education information.
414 (i) A sexual predator who intends to establish a permanent,
415 temporary, or transient residence in another state or
416 jurisdiction other than the State of Florida shall report in
417 person to the sheriff of the county of current residence within
418 48 hours before the date he or she intends to leave this state
419 to establish residence in another state or jurisdiction or at
420 least 21 days before the date he or she intends to travel if the
421 intended residence of 5 days or more is outside of the United
422 States. Any travel that is not known by the sexual predator 21
423 days before the departure date must be reported to the sheriff’s
424 office as soon as possible before departure. The sexual predator
425 shall provide to the sheriff the address, municipality, county,
426 state, and country of intended residence. For international
427 travel, the sexual predator shall also provide travel
428 information, including, but not limited to, expected departure
429 and return dates, flight number, airport of departure, cruise
430 port of departure, or any other means of intended travel. The
431 sheriff shall promptly provide to the department the information
432 received from the sexual predator. The department shall notify
433 the statewide law enforcement agency, or a comparable agency, in
434 the intended state, jurisdiction, or country of residence of the
435 sexual predator’s intended residence. The failure of a sexual
436 predator to provide his or her intended place of residence is
437 punishable as provided in subsection (10).
438 (k)1. The department is responsible for the online
439 maintenance of current information regarding each registered
440 sexual predator. The department shall maintain hotline access
441 for state, local, and federal law enforcement agencies to obtain
442 instantaneous locator file and offender characteristics
443 information on all released registered sexual predators for
444 purposes of monitoring, tracking, and prosecution. The
445 photograph, palm prints, and fingerprints do not have to be
446 stored in a computerized format.
447 2. The department’s sexual predator registration list,
448 containing the information described in subparagraph (a)1., is a
449 public record, unless otherwise made exempt or confidential and
450 exempt from s. 119.07(1) and s. 24(a) of Art. I of the State
451 Constitution. The department may disseminate this public
452 information by any means deemed appropriate, including operating
453 a toll-free telephone number for this purpose. When the
454 department provides information regarding a registered sexual
455 predator to the public, department personnel shall advise the
456 person making the inquiry that positive identification of a
457 person believed to be a sexual predator cannot be established
458 unless a fingerprint comparison is made, and that it is illegal
459 to use public information regarding a registered sexual predator
460 to facilitate the commission of a crime.
461 3. The department shall adopt guidelines as necessary
462 regarding the registration of sexual predators and the
463 dissemination of information regarding sexual predators as
464 required by this section.
465 (8) VERIFICATION.—The department and the Department of
466 Corrections shall implement a system for verifying the addresses
467 of sexual predators. The system must be consistent with the
468 federal Adam Walsh Child Protection and Safety Act of 2006 and
469 any other federal standards applicable to such verification or
470 required to be met as a condition for the receipt of federal
471 funds by the state. The Department of Corrections shall verify
472 the addresses of sexual predators who are not incarcerated but
473 who reside in the community under the supervision of the
474 Department of Corrections and shall report to the department any
475 failure by a sexual predator to comply with registration
476 requirements. County and local law enforcement agencies, in
477 conjunction with the department, shall verify the addresses of
478 sexual predators who are not under the care, custody, control,
479 or supervision of the Department of Corrections, and may verify
480 the addresses of sexual predators who are under the care,
481 custody, control, or supervision of the Department of
482 Corrections. Local law enforcement agencies shall report to the
483 department any failure by a sexual predator to comply with
484 registration requirements.
485 (a) A sexual predator shall report in person each year
486 during the month of the sexual predator’s birthday and during
487 every third month thereafter to the sheriff’s office in the
488 county in which he or she resides or is otherwise located to
489 reregister. The sheriff’s office may determine the appropriate
490 times and days for reporting by the sexual predator, which must
491 be consistent with the reporting requirements of this paragraph.
492 Reregistration must include any changes to the following
493 information:
494 1. Name; social security number; age; race; sex; date of
495 birth; height; weight; tattoos or other identifying marks; hair
496 and eye color; address of any permanent residence and address of
497 any current temporary residence, within the state or out of
498 state, including a rural route address and a post office box; if
499 no permanent or temporary address, any transient residence
500 within the state including the; address, location or description
501 of the transient residences, and dates of any current or known
502 future temporary residence within the state or out of state; all
503 electronic mail addresses; all or Internet identifiers and each
504 Internet identifier’s corresponding website home page or
505 application software name required to be provided pursuant to
506 subparagraph (6)(g)5.; all home telephone numbers and cellular
507 telephone numbers required to be provided pursuant to
508 subparagraph (6)(g)5.; date and place of any employment required
509 to be provided pursuant to subparagraph (6)(g)5.; the make,
510 model, color, vehicle identification number (VIN), and license
511 tag number of all vehicles owned; fingerprints; palm prints; and
512 photograph. A post office box may not be provided in lieu of a
513 physical residential address. The sexual predator shall also
514 produce his or her passport, if he or she has a passport, and,
515 if he or she is an alien, shall produce or provide information
516 about documents establishing his or her immigration status. The
517 sexual predator shall also provide information about any
518 professional licenses he or she has.
519 2. If the sexual predator is enrolled or employed, whether
520 for compensation or as a volunteer, at an institution of higher
521 education in this state, the sexual predator shall also provide
522 to the department the name, address, and county of each
523 institution, including each campus attended, and the sexual
524 predator’s enrollment, volunteer, or employment status.
525 3. If the sexual predator’s place of residence is a motor
526 vehicle, trailer, mobile home, or manufactured home, as defined
527 in chapter 320, the sexual predator shall also provide the
528 vehicle identification number; the license tag number; the
529 registration number; and a description, including color scheme,
530 of the motor vehicle, trailer, mobile home, or manufactured
531 home. If the sexual predator’s place of residence is a vessel,
532 live-aboard vessel, or houseboat, as defined in chapter 327, the
533 sexual predator shall also provide the hull identification
534 number; the manufacturer’s serial number; the name of the
535 vessel, live-aboard vessel, or houseboat; the registration
536 number; and a description, including color scheme, of the
537 vessel, live-aboard vessel, or houseboat.
538 (10) PENALTIES.—
539 (a) Except as otherwise specifically provided, a sexual
540 predator who fails to register; who fails, after registration,
541 to maintain, acquire, or renew a driver license or an
542 identification card; who fails to provide required location
543 information; who fails to provide, electronic mail addresses
544 address information before use, Internet identifiers, and each
545 Internet identifier’s corresponding website home page or
546 application software name; who fails to provide identifier
547 information before use, all home telephone numbers and cellular
548 telephone numbers, employment information, change in status at
549 an institution of higher education, or change-of-name
550 information; who fails to make a required report in connection
551 with vacating a permanent residence; who fails to reregister as
552 required; who fails to respond to any address verification
553 correspondence from the department within 3 weeks of the date of
554 the correspondence; who knowingly provides false registration
555 information by act or omission; or who otherwise fails, by act
556 or omission, to comply with the requirements of this section
557 commits a felony of the third degree, punishable as provided in
558 s. 775.082, s. 775.083, or s. 775.084.
559 (e) An arrest on charges of failure to register, the
560 service of an information or a complaint for a violation of this
561 section, or an arraignment on charges for a violation of this
562 section constitutes actual notice of the duty to register when
563 the predator has been provided and advised of his or her
564 statutory obligation to register under subsection (6). A sexual
565 predator’s failure to immediately register as required by this
566 section following such arrest, service, or arraignment
567 constitutes grounds for a subsequent charge of failure to
568 register. A sexual predator charged with the crime of failure to
569 register who asserts, or intends to assert, a lack of notice of
570 the duty to register as a defense to a charge of failure to
571 register shall immediately register as required by this section.
572 A sexual predator who is charged with a subsequent failure to
573 register may not assert the defense of a lack of notice of the
574 duty to register.
575 Section 2. Paragraph (e) of subsection (1) of section
576 943.0435, Florida Statutes, is republished, and subsection (2),
577 paragraph (e) of subsection (4), and paragraph (c) of subsection
578 (14) of that section, are amended to read:
579 943.0435 Sexual offenders required to register with the
580 department; penalty.—
581 (1) As used in this section, the term:
582 (e) “Internet identifier” has the same meaning as provided
583 in s. 775.21.
584 (2) Upon initial registration, a sexual offender shall:
585 (a) Report in person at the sheriff’s office:
586 1. In the county in which the offender establishes or
587 maintains a permanent, temporary, or transient residence within
588 48 hours after:
589 a. Establishing permanent, temporary, or transient
590 residence in this state; or
591 b. Being released from the custody, control, or supervision
592 of the Department of Corrections or from the custody of a
593 private correctional facility; or
594 2. In the county where he or she was convicted within 48
595 hours after being convicted for a qualifying offense for
596 registration under this section if the offender is not in the
597 custody or control of, or under the supervision of, the
598 Department of Corrections, or is not in the custody of a private
599 correctional facility.
600
601 Any change in the information required to be provided pursuant
602 to paragraph (b), including, but not limited to, any change in
603 the sexual offender’s permanent, temporary, or transient
604 residence; name; electronic mail addresses; Internet identifiers
605 and each Internet identifier’s corresponding website home page
606 or application software name; home telephone numbers and
607 cellular telephone numbers; and employment information; and any
608 change in status at an institution of higher education, required
609 to be provided pursuant to paragraph (4)(e), after the sexual
610 offender reports in person at the sheriff’s office must be
611 reported accomplished in the manner provided in subsections (4),
612 (7), and (8).
613 (b) Provide his or her name; date of birth; social security
614 number; race; sex; height; weight; hair and eye color; tattoos
615 or other identifying marks; fingerprints; palm prints;
616 photograph; employment information required to be provided
617 pursuant to paragraph (4)(e); address of permanent or legal
618 residence or address of any current temporary residence, within
619 the state or out of state, including a rural route address and a
620 post office box; if no permanent or temporary address, any
621 transient residence within the state, address, location or
622 description, and dates of any current or known future temporary
623 residence within the state or out of state; the make, model,
624 color, vehicle identification number (VIN), and license tag
625 number of all vehicles owned; all home telephone numbers and
626 cellular telephone numbers required to be provided pursuant to
627 paragraph (4)(e); all electronic mail addresses; and all
628 Internet identifiers and each Internet identifier’s
629 corresponding website home page or application software name
630 required to be provided pursuant to paragraph (4)(e); date and
631 place of each conviction; and a brief description of the crime
632 or crimes committed by the offender. A post office box may not
633 be provided in lieu of a physical residential address. The
634 sexual offender shall also produce his or her passport, if he or
635 she has a passport, and, if he or she is an alien, shall produce
636 or provide information about documents establishing his or her
637 immigration status. The sexual offender shall also provide
638 information about any professional licenses he or she has.
639 1. If the sexual offender’s place of residence is a motor
640 vehicle, trailer, mobile home, or manufactured home, as defined
641 in chapter 320, the sexual offender shall also provide to the
642 department through the sheriff’s office written notice of the
643 vehicle identification number; the license tag number; the
644 registration number; and a description, including color scheme,
645 of the motor vehicle, trailer, mobile home, or manufactured
646 home. If the sexual offender’s place of residence is a vessel,
647 live-aboard vessel, or houseboat, as defined in chapter 327, the
648 sexual offender shall also provide to the department written
649 notice of the hull identification number; the manufacturer’s
650 serial number; the name of the vessel, live-aboard vessel, or
651 houseboat; the registration number; and a description, including
652 color scheme, of the vessel, live-aboard vessel, or houseboat.
653 2. If the sexual offender is enrolled or employed, whether
654 for compensation or as a volunteer, at an institution of higher
655 education in this state, the sexual offender shall also provide
656 to the department pursuant to paragraph (4)(e) the name,
657 address, and county of each institution, including each campus
658 attended, and the sexual offender’s enrollment, volunteer, or
659 employment status. The sheriff, the Department of Corrections,
660 or the Department of Juvenile Justice shall promptly notify each
661 institution of higher education of the sexual offender’s
662 presence and any change in the sexual offender’s enrollment,
663 volunteer, or employment status.
664 3. A sexual offender shall report in person to the
665 sheriff’s office within 48 hours after any change in vehicles
666 owned to report those vehicle information changes.
667 (c) Provide any other information determined necessary by
668 the department, including criminal and corrections records;
669 nonprivileged personnel and treatment records; and evidentiary
670 genetic markers, when available.
671
672 When a sexual offender reports at the sheriff’s office, the
673 sheriff shall take a photograph, a set of fingerprints, and palm
674 prints of the offender and forward the photographs, palm prints,
675 and fingerprints to the department, along with the information
676 provided by the sexual offender. The sheriff shall promptly
677 provide to the department the information received from the
678 sexual offender.
679 (4)
680 (e)1. A sexual offender shall register all electronic mail
681 addresses and Internet identifiers, and each Internet
682 identifier’s corresponding website home page or application
683 software name, with the department through the department’s
684 online system or in person at the sheriff’s office within 48
685 hours after before using such electronic mail addresses and
686 Internet identifiers. If the sexual offender is in the custody
687 or control, or under the supervision, of the Department of
688 Corrections, he or she must report all electronic mail addresses
689 and Internet identifiers, and each Internet identifier’s
690 corresponding website home page or application software name, to
691 the Department of Corrections before using such electronic mail
692 addresses or Internet identifiers. If the sexual offender is in
693 the custody or control, or under the supervision, of the
694 Department of Juvenile Justice, he or she must report all
695 electronic mail addresses and Internet identifiers, and each
696 Internet identifier’s corresponding website home page or
697 application software name, to the Department of Juvenile Justice
698 before using such electronic mail addresses or Internet
699 identifiers.
700 2. A sexual offender shall register all changes to home
701 telephone numbers and cellular telephone numbers, including
702 added and deleted numbers, all changes to employment
703 information, and all changes in status related to enrollment,
704 volunteering, or employment at institutions of higher education,
705 through the department’s online system; in person at the
706 sheriff’s office; in person at the Department of Corrections if
707 the sexual offender is in the custody or control, or under the
708 supervision, of the Department of Corrections; or in person at
709 the Department of Juvenile Justice if the sexual offender is in
710 the custody or control, or under the supervision, of the
711 Department of Juvenile Justice. All changes required to be
712 reported under this subparagraph must be reported within 48
713 hours after the change.
714 3. The department shall establish an online system through
715 which sexual offenders may securely access, submit, and update
716 all changes in status to electronic mail addresses; address and
717 Internet identifiers and each Internet identifier’s
718 corresponding website home page or application software name;
719 identifier information, home telephone numbers and cellular
720 telephone numbers;, employment information;, and institution of
721 higher education information.
722 (14)
723 (c) The sheriff’s office may determine the appropriate
724 times and days for reporting by the sexual offender, which must
725 be consistent with the reporting requirements of this
726 subsection. Reregistration must include any changes to the
727 following information:
728 1. Name; social security number; age; race; sex; date of
729 birth; height; weight; tattoos or other identifying marks; hair
730 and eye color; address of any permanent residence and address of
731 any current temporary residence, within the state or out of
732 state, including a rural route address and a post office box; if
733 no permanent or temporary address, any transient residence
734 within the state; address, location or description, and dates of
735 any current or known future temporary residence within the state
736 or out of state; all electronic mail addresses or Internet
737 identifiers and each Internet identifier’s corresponding website
738 home page or application software name required to be provided
739 pursuant to paragraph (4)(e); all home telephone numbers and
740 cellular telephone numbers required to be provided pursuant to
741 paragraph (4)(e); employment information required to be provided
742 pursuant to paragraph (4)(e); the make, model, color, vehicle
743 identification number (VIN), and license tag number of all
744 vehicles owned; fingerprints; palm prints; and photograph. A
745 post office box may not be provided in lieu of a physical
746 residential address. The sexual offender shall also produce his
747 or her passport, if he or she has a passport, and, if he or she
748 is an alien, shall produce or provide information about
749 documents establishing his or her immigration status. The sexual
750 offender shall also provide information about any professional
751 licenses he or she has.
752 2. If the sexual offender is enrolled or employed, whether
753 for compensation or as a volunteer, at an institution of higher
754 education in this state, the sexual offender shall also provide
755 to the department the name, address, and county of each
756 institution, including each campus attended, and the sexual
757 offender’s enrollment, volunteer, or employment status.
758 3. If the sexual offender’s place of residence is a motor
759 vehicle, trailer, mobile home, or manufactured home, as defined
760 in chapter 320, the sexual offender shall also provide the
761 vehicle identification number; the license tag number; the
762 registration number; and a description, including color scheme,
763 of the motor vehicle, trailer, mobile home, or manufactured
764 home. If the sexual offender’s place of residence is a vessel,
765 live-aboard vessel, or houseboat, as defined in chapter 327, the
766 sexual offender shall also provide the hull identification
767 number; the manufacturer’s serial number; the name of the
768 vessel, live-aboard vessel, or houseboat; the registration
769 number; and a description, including color scheme, of the
770 vessel, live-aboard vessel, or houseboat.
771 4. Any sexual offender who fails to report in person as
772 required at the sheriff’s office, who fails to respond to any
773 address verification correspondence from the department within 3
774 weeks of the date of the correspondence, who fails to report all
775 electronic mail addresses and all Internet identifiers, and each
776 Internet identifier’s corresponding website home page or
777 application software name before use, or who knowingly provides
778 false registration information by act or omission commits a
779 felony of the third degree, punishable as provided in s.
780 775.082, s. 775.083, or s. 775.084.
781 Section 3. For the purpose of incorporating the amendment
782 made by this act to section 775.21, Florida Statutes, in a
783 reference thereto, subsection (2) of section 943.0437, Florida
784 Statutes, is reenacted to read:
785 943.0437 Commercial social networking websites.—
786 (2) The department may provide information relating to
787 electronic mail addresses and Internet identifiers, as defined
788 in s. 775.21, maintained as part of the sexual offender registry
789 to commercial social networking websites or third parties
790 designated by commercial social networking websites. The
791 commercial social networking website may use this information
792 for the purpose of comparing registered users and screening
793 potential users of the commercial social networking website
794 against the list of electronic mail addresses and Internet
795 identifiers provided by the department.
796 Section 4. For the purpose of incorporating the amendment
797 made by this act to section 775.21, Florida Statutes, in a
798 reference thereto, paragraph (c) of subsection (1) of section
799 944.606, Florida Statutes, is reenacted to read:
800 944.606 Sexual offenders; notification upon release.—
801 (1) As used in this section, the term:
802 (c) “Internet identifier” has the same meaning as provided
803 in s. 775.21.
804 Section 5. For the purpose of incorporating the amendment
805 made by this act to section 775.21, Florida Statutes, in a
806 reference thereto, paragraph (e) of subsection (1) of section
807 944.607, Florida Statutes, is reenacted to read:
808 944.607 Notification to Department of Law Enforcement of
809 information on sexual offenders.—
810 (1) As used in this section, the term:
811 (e) “Internet identifier” has the same meaning as provided
812 in s. 775.21.
813 Section 6. For the purpose of incorporating the amendment
814 made by this act to section 775.21, Florida Statutes, in a
815 reference thereto, paragraph (c) of subsection (1) of section
816 985.481, Florida Statutes, is reenacted to read:
817 985.481 Sexual offenders adjudicated delinquent;
818 notification upon release.—
819 (1) As used in this section:
820 (c) “Internet identifier” has the same meaning as provided
821 in s. 775.21.
822 Section 7. For the purpose of incorporating the amendment
823 made by this act to section 775.21, Florida Statutes, in a
824 reference thereto, paragraph (e) of subsection (1) of section
825 985.4815, Florida Statutes, is reenacted to read:
826 985.4815 Notification to Department of Law Enforcement of
827 information on juvenile sexual offenders.—
828 (1) As used in this section, the term:
829 (e) “Internet identifier” has the same meaning as provided
830 in s. 775.21.
831 Section 8. For the purpose of incorporating the amendment
832 made by this act to section 943.0435, Florida Statutes, in a
833 reference thereto, paragraph (a) of subsection (3) of section
834 944.606, Florida Statutes, is reenacted to read:
835 944.606 Sexual offenders; notification upon release.—
836 (3)(a) The department shall provide information regarding
837 any sexual offender who is being released after serving a period
838 of incarceration for any offense, as follows:
839 1. The department shall provide: the sexual offender’s
840 name, any change in the offender’s name by reason of marriage or
841 other legal process, and any alias, if known; the correctional
842 facility from which the sexual offender is released; the sexual
843 offender’s social security number, race, sex, date of birth,
844 height, weight, and hair and eye color; tattoos or other
845 identifying marks; address of any planned permanent residence or
846 temporary residence, within the state or out of state, including
847 a rural route address and a post office box; if no permanent or
848 temporary address, any transient residence within the state;
849 address, location or description, and dates of any known future
850 temporary residence within the state or out of state; date and
851 county of sentence and each crime for which the offender was
852 sentenced; a copy of the offender’s fingerprints, palm prints,
853 and a digitized photograph taken within 60 days before release;
854 the date of release of the sexual offender; all electronic mail
855 addresses and all Internet identifiers required to be provided
856 pursuant to s. 943.0435(4)(e); employment information, if known,
857 provided pursuant to s. 943.0435(4)(e); all home telephone
858 numbers and cellular telephone numbers required to be provided
859 pursuant to s. 943.0435(4)(e); information about any
860 professional licenses the offender has, if known; and passport
861 information, if he or she has a passport, and, if he or she is
862 an alien, information about documents establishing his or her
863 immigration status. The department shall notify the Department
864 of Law Enforcement if the sexual offender escapes, absconds, or
865 dies. If the sexual offender is in the custody of a private
866 correctional facility, the facility shall take the digitized
867 photograph of the sexual offender within 60 days before the
868 sexual offender’s release and provide this photograph to the
869 Department of Corrections and also place it in the sexual
870 offender’s file. If the sexual offender is in the custody of a
871 local jail, the custodian of the local jail shall register the
872 offender within 3 business days after intake of the offender for
873 any reason and upon release, and shall notify the Department of
874 Law Enforcement of the sexual offender’s release and provide to
875 the Department of Law Enforcement the information specified in
876 this paragraph and any information specified in subparagraph 2.
877 that the Department of Law Enforcement requests.
878 2. The department may provide any other information deemed
879 necessary, including criminal and corrections records,
880 nonprivileged personnel and treatment records, when available.
881 Section 9. For the purpose of incorporating the amendment
882 made by this act to section 943.0435, Florida Statutes, in
883 references thereto, paragraph (a) of subsection (4), subsection
884 (9), and paragraph (c) of subsection (13) of section 944.607,
885 Florida Statutes, are reenacted to read:
886 944.607 Notification to Department of Law Enforcement of
887 information on sexual offenders.—
888 (4) A sexual offender, as described in this section, who is
889 under the supervision of the Department of Corrections but is
890 not incarcerated shall register with the Department of
891 Corrections within 3 business days after sentencing for a
892 registrable offense and otherwise provide information as
893 required by this subsection.
894 (a) The sexual offender shall provide his or her name; date
895 of birth; social security number; race; sex; height; weight;
896 hair and eye color; tattoos or other identifying marks; all
897 electronic mail addresses and Internet identifiers required to
898 be provided pursuant to s. 943.0435(4)(e); employment
899 information required to be provided pursuant to s.
900 943.0435(4)(e); all home telephone numbers and cellular
901 telephone numbers required to be provided pursuant to s.
902 943.0435(4)(e); the make, model, color, vehicle identification
903 number (VIN), and license tag number of all vehicles owned;
904 permanent or legal residence and address of temporary residence
905 within the state or out of state while the sexual offender is
906 under supervision in this state, including any rural route
907 address or post office box; if no permanent or temporary
908 address, any transient residence within the state; and address,
909 location or description, and dates of any current or known
910 future temporary residence within the state or out of state. The
911 sexual offender shall also produce his or her passport, if he or
912 she has a passport, and, if he or she is an alien, shall produce
913 or provide information about documents establishing his or her
914 immigration status. The sexual offender shall also provide
915 information about any professional licenses he or she has. The
916 Department of Corrections shall verify the address of each
917 sexual offender in the manner described in ss. 775.21 and
918 943.0435. The department shall report to the Department of Law
919 Enforcement any failure by a sexual predator or sexual offender
920 to comply with registration requirements.
921 (9) A sexual offender, as described in this section, who is
922 under the supervision of the Department of Corrections but who
923 is not incarcerated shall, in addition to the registration
924 requirements provided in subsection (4), register and obtain a
925 distinctive driver license or identification card in the manner
926 provided in s. 943.0435(3), (4), and (5), unless the sexual
927 offender is a sexual predator, in which case he or she shall
928 register and obtain a distinctive driver license or
929 identification card as required under s. 775.21. A sexual
930 offender who fails to comply with the requirements of s.
931 943.0435 is subject to the penalties provided in s. 943.0435(9).
932 (13)
933 (c) The sheriff’s office may determine the appropriate
934 times and days for reporting by the sexual offender, which must
935 be consistent with the reporting requirements of this
936 subsection. Reregistration must include any changes to the
937 following information:
938 1. Name; social security number; age; race; sex; date of
939 birth; height; weight; tattoos or other identifying marks; hair
940 and eye color; address of any permanent residence and address of
941 any current temporary residence, within the state or out of
942 state, including a rural route address and a post office box; if
943 no permanent or temporary address, any transient residence;
944 address, location or description, and dates of any current or
945 known future temporary residence within the state or out of
946 state; all electronic mail addresses and Internet identifiers
947 required to be provided pursuant to s. 943.0435(4)(e); all home
948 telephone numbers and cellular telephone numbers required to be
949 provided pursuant to s. 943.0435(4)(e); employment information
950 required to be provided pursuant to s. 943.0435(4)(e); the make,
951 model, color, vehicle identification number (VIN), and license
952 tag number of all vehicles owned; fingerprints; palm prints; and
953 photograph. A post office box may not be provided in lieu of a
954 physical residential address. The sexual offender shall also
955 produce his or her passport, if he or she has a passport, and,
956 if he or she is an alien, shall produce or provide information
957 about documents establishing his or her immigration status. The
958 sexual offender shall also provide information about any
959 professional licenses he or she has.
960 2. If the sexual offender is enrolled or employed, whether
961 for compensation or as a volunteer, at an institution of higher
962 education in this state, the sexual offender shall also provide
963 to the department the name, address, and county of each
964 institution, including each campus attended, and the sexual
965 offender’s enrollment, volunteer, or employment status.
966 3. If the sexual offender’s place of residence is a motor
967 vehicle, trailer, mobile home, or manufactured home, as defined
968 in chapter 320, the sexual offender shall also provide the
969 vehicle identification number; the license tag number; the
970 registration number; and a description, including color scheme,
971 of the motor vehicle, trailer, mobile home, or manufactured
972 home. If the sexual offender’s place of residence is a vessel,
973 live-aboard vessel, or houseboat, as defined in chapter 327, the
974 sexual offender shall also provide the hull identification
975 number; the manufacturer’s serial number; the name of the
976 vessel, live-aboard vessel, or houseboat; the registration
977 number; and a description, including color scheme, of the
978 vessel, live-aboard vessel or houseboat.
979 4. Any sexual offender who fails to report in person as
980 required at the sheriff’s office, who fails to respond to any
981 address verification correspondence from the department within 3
982 weeks of the date of the correspondence, who fails to report all
983 electronic mail addresses or Internet identifiers before use, or
984 who knowingly provides false registration information by act or
985 omission commits a felony of the third degree, punishable as
986 provided in s. 775.082, s. 775.083, or s. 775.084.
987 Section 10. For the purpose of incorporating the amendment
988 made by this act to section 943.0435, Florida Statutes, in a
989 reference thereto, paragraph (a) of subsection (3) of section
990 985.481, Florida Statutes, is reenacted to read:
991 985.481 Sexual offenders adjudicated delinquent;
992 notification upon release.—
993 (3)(a) The department shall provide information regarding
994 any sexual offender who is being released after serving a period
995 of residential commitment under the department for any offense,
996 as follows:
997 1. The department shall provide the sexual offender’s name,
998 any change in the offender’s name by reason of marriage or other
999 legal process, and any alias, if known; the correctional
1000 facility from which the sexual offender is released; the sexual
1001 offender’s social security number, race, sex, date of birth,
1002 height, weight, and hair and eye color; tattoos or other
1003 identifying marks; the make, model, color, vehicle
1004 identification number (VIN), and license tag number of all
1005 vehicles owned; address of any planned permanent residence or
1006 temporary residence, within the state or out of state, including
1007 a rural route address and a post office box; if no permanent or
1008 temporary address, any transient residence within the state;
1009 address, location or description, and dates of any known future
1010 temporary residence within the state or out of state; date and
1011 county of disposition and each crime for which there was a
1012 disposition; a copy of the offender’s fingerprints, palm prints,
1013 and a digitized photograph taken within 60 days before release;
1014 the date of release of the sexual offender; all home telephone
1015 numbers and cellular telephone numbers required to be provided
1016 pursuant to s. 943.0435(4)(e); all electronic mail addresses and
1017 Internet identifiers required to be provided pursuant to s.
1018 943.0435(4)(e); information about any professional licenses the
1019 offender has, if known; and passport information, if he or she
1020 has a passport, and, if he or she is an alien, information about
1021 documents establishing his or her immigration status. The
1022 department shall notify the Department of Law Enforcement if the
1023 sexual offender escapes, absconds, or dies. If the sexual
1024 offender is in the custody of a private correctional facility,
1025 the facility shall take the digitized photograph of the sexual
1026 offender within 60 days before the sexual offender’s release and
1027 also place it in the sexual offender’s file. If the sexual
1028 offender is in the custody of a local jail, the custodian of the
1029 local jail shall register the offender within 3 business days
1030 after intake of the offender for any reason and upon release,
1031 and shall notify the Department of Law Enforcement of the sexual
1032 offender’s release and provide to the Department of Law
1033 Enforcement the information specified in this subparagraph and
1034 any information specified in subparagraph 2. which the
1035 Department of Law Enforcement requests.
1036 2. The department may provide any other information
1037 considered necessary, including criminal and delinquency
1038 records, when available.
1039 Section 11. For the purpose of incorporating the amendment
1040 made by this act to section 943.0435, Florida Statutes, in
1041 references thereto, paragraph (a) of subsection (4), subsection
1042 (9), and paragraph (b) of subsection (13) of section 985.4815,
1043 Florida Statutes, are reenacted to read:
1044 985.4815 Notification to Department of Law Enforcement of
1045 information on juvenile sexual offenders.—
1046 (4) A sexual offender, as described in this section, who is
1047 under the supervision of the department but who is not committed
1048 shall register with the department within 3 business days after
1049 adjudication and disposition for a registrable offense and
1050 otherwise provide information as required by this subsection.
1051 (a) The sexual offender shall provide his or her name; date
1052 of birth; social security number; race; sex; height; weight;
1053 hair and eye color; tattoos or other identifying marks; the
1054 make, model, color, vehicle identification number (VIN), and
1055 license tag number of all vehicles owned; permanent or legal
1056 residence and address of temporary residence within the state or
1057 out of state while the sexual offender is in the care or custody
1058 or under the jurisdiction or supervision of the department in
1059 this state, including any rural route address or post office
1060 box; if no permanent or temporary address, any transient
1061 residence; address, location or description, and dates of any
1062 current or known future temporary residence within the state or
1063 out of state; all home telephone numbers and cellular telephone
1064 numbers required to be provided pursuant to s. 943.0435(4)(e);
1065 all electronic mail addresses and Internet identifiers required
1066 to be provided pursuant to s. 943.0435(4)(e); and the name and
1067 address of each school attended. The sexual offender shall also
1068 produce his or her passport, if he or she has a passport, and,
1069 if he or she is an alien, shall produce or provide information
1070 about documents establishing his or her immigration status. The
1071 offender shall also provide information about any professional
1072 licenses he or she has. The department shall verify the address
1073 of each sexual offender and shall report to the Department of
1074 Law Enforcement any failure by a sexual offender to comply with
1075 registration requirements.
1076 (9) A sexual offender, as described in this section, who is
1077 under the care, jurisdiction, or supervision of the department
1078 but who is not incarcerated shall, in addition to the
1079 registration requirements provided in subsection (4), register
1080 in the manner provided in s. 943.0435(3), (4), and (5), unless
1081 the sexual offender is a sexual predator, in which case he or
1082 she shall register as required under s. 775.21. A sexual
1083 offender who fails to comply with the requirements of s.
1084 943.0435 is subject to the penalties provided in s. 943.0435(9).
1085 (13)
1086 (b) The sheriff’s office may determine the appropriate
1087 times and days for reporting by the sexual offender, which must
1088 be consistent with the reporting requirements of this
1089 subsection. Reregistration must include any changes to the
1090 following information:
1091 1. Name; social security number; age; race; sex; date of
1092 birth; height; weight; hair and eye color; tattoos or other
1093 identifying marks; fingerprints; palm prints; address of any
1094 permanent residence and address of any current temporary
1095 residence, within the state or out of state, including a rural
1096 route address and a post office box; if no permanent or
1097 temporary address, any transient residence; address, location or
1098 description, and dates of any current or known future temporary
1099 residence within the state or out of state; passport
1100 information, if he or she has a passport, and, if he or she is
1101 an alien, information about documents establishing his or her
1102 immigration status; all home telephone numbers and cellular
1103 telephone numbers required to be provided pursuant to s.
1104 943.0435(4)(e); all electronic mail addresses and Internet
1105 identifiers required to be provided pursuant to s.
1106 943.0435(4)(e); name and address of each school attended;
1107 employment information required to be provided pursuant to s.
1108 943.0435(4)(e); the make, model, color, vehicle identification
1109 number (VIN), and license tag number of all vehicles owned; and
1110 photograph. A post office box may not be provided in lieu of a
1111 physical residential address. The offender shall also provide
1112 information about any professional licenses he or she has.
1113 2. If the sexual offender is enrolled or employed, whether
1114 for compensation or as a volunteer, at an institution of higher
1115 education in this state, the sexual offender shall also provide
1116 to the department the name, address, and county of each
1117 institution, including each campus attended, and the sexual
1118 offender’s enrollment, volunteer, or employment status.
1119 3. If the sexual offender’s place of residence is a motor
1120 vehicle, trailer, mobile home, or manufactured home, as defined
1121 in chapter 320, the sexual offender shall also provide the
1122 vehicle identification number; the license tag number; the
1123 registration number; and a description, including color scheme,
1124 of the motor vehicle, trailer, mobile home, or manufactured
1125 home. If the sexual offender’s place of residence is a vessel,
1126 live-aboard vessel, or houseboat, as defined in chapter 327, the
1127 sexual offender shall also provide the hull identification
1128 number; the manufacturer’s serial number; the name of the
1129 vessel, live-aboard vessel, or houseboat; the registration
1130 number; and a description, including color scheme, of the
1131 vessel, live-aboard vessel, or houseboat.
1132 4. Any sexual offender who fails to report in person as
1133 required at the sheriff’s office, who fails to respond to any
1134 address verification correspondence from the department within 3
1135 weeks after the date of the correspondence, or who knowingly
1136 provides false registration information by act or omission
1137 commits a felony of the third degree, punishable as provided in
1138 ss. 775.082, 775.083, and 775.084.
1139 Section 12. For the purpose of incorporating the amendments
1140 made by this act to sections 775.21 and 943.0435, Florida
1141 Statutes, in references thereto, subsection (1) of section
1142 794.056, Florida Statutes, is reenacted to read:
1143 794.056 Rape Crisis Program Trust Fund.—
1144 (1) The Rape Crisis Program Trust Fund is created within
1145 the Department of Health for the purpose of providing funds for
1146 rape crisis centers in this state. Trust fund moneys shall be
1147 used exclusively for the purpose of providing services for
1148 victims of sexual assault. Funds credited to the trust fund
1149 consist of those funds collected as an additional court
1150 assessment in each case in which a defendant pleads guilty or
1151 nolo contendere to, or is found guilty of, regardless of
1152 adjudication, an offense provided in s. 775.21(6) and (10)(a),
1153 (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
1154 784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
1155 784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
1156 787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
1157 former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
1158 796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
1159 810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
1160 825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
1161 847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
1162 (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
1163 fund also shall include revenues provided by law, moneys
1164 appropriated by the Legislature, and grants from public or
1165 private entities.
1166 Section 13. For the purpose of incorporating the amendments
1167 made by this act to sections 775.21 and 943.0435, Florida
1168 Statutes, in references thereto, paragraph (g) of subsection (3)
1169 of section 921.0022, Florida Statutes, is reenacted to read:
1170 921.0022 Criminal Punishment Code; offense severity ranking
1171 chart.—
1172 (3) OFFENSE SEVERITY RANKING CHART
1173 (g) LEVEL 7
1174
1175
1176 FloridaStatute FelonyDegree Description
1177 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
1178 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1179 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.
1180 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1181 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1182 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1183 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1184 456.065(2) 3rd Practicing a health care profession without a license.
1185 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1186 458.327(1) 3rd Practicing medicine without a license.
1187 459.013(1) 3rd Practicing osteopathic medicine without a license.
1188 460.411(1) 3rd Practicing chiropractic medicine without a license.
1189 461.012(1) 3rd Practicing podiatric medicine without a license.
1190 462.17 3rd Practicing naturopathy without a license.
1191 463.015(1) 3rd Practicing optometry without a license.
1192 464.016(1) 3rd Practicing nursing without a license.
1193 465.015(2) 3rd Practicing pharmacy without a license.
1194 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1195 467.201 3rd Practicing midwifery without a license.
1196 468.366 3rd Delivering respiratory care services without a license.
1197 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1198 483.901(7) 3rd Practicing medical physics without a license.
1199 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1200 484.053 3rd Dispensing hearing aids without a license.
1201 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.
1202 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.
1203 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1204 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1205 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1206 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1207 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1208 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1209 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1210 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1211 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1212 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1213 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1214 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1215 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1216 784.048(7) 3rd Aggravated stalking; violation of court order.
1217 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1218 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1219 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1220 784.081(1) 1st Aggravated battery on specified official or employee.
1221 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1222 784.083(1) 1st Aggravated battery on code inspector.
1223 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1224 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.
1225 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1226 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1227 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1228 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1229 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1230 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1231 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1232 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.
1233 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1234 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1235 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1236 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.
1237 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.
1238 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1239 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1240 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1241 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1242 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1243 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.
1244 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1245 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1246 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1247 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1248 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1249 812.131(2)(a) 2nd Robbery by sudden snatching.
1250 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1251 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1252 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1253 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1254 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1255 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.
1256 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1257 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
1258 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1259 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.
1260 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1261 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1262 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1263 838.015 2nd Bribery.
1264 838.016 2nd Unlawful compensation or reward for official behavior.
1265 838.021(3)(a) 2nd Unlawful harm to a public servant.
1266 838.22 2nd Bid tampering.
1267 843.0855(2) 3rd Impersonation of a public officer or employee.
1268 843.0855(3) 3rd Unlawful simulation of legal process.
1269 843.0855(4) 3rd Intimidation of a public officer or employee.
1270 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1271 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1272 872.06 2nd Abuse of a dead human body.
1273 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1274 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1275 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.
1276 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.
1277 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
1278 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1279 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1280 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1281 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 14 grams or more, less than 28 grams.
1282 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1283 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1284 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1285 893.135(1)(d)1. 1st Trafficking in phencyclidine, more than 28 grams, less than 200 grams.
1286 893.135(1)(e)1. 1st Trafficking in methaqualone, more than 200 grams, less than 5 kilograms.
1287 893.135(1)(f)1. 1st Trafficking in amphetamine, more than 14 grams, less than 28 grams.
1288 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1289 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1290 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1291 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1292 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1293 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1294 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1295 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1296 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1297 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1298 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1299 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1300 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1301 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1302 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1303 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1304 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1305 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1306 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1307 Section 14. For the purpose of incorporating the amendments
1308 made by this act to sections 775.21 and 943.0435, Florida
1309 Statutes, in references thereto, section 938.085, Florida
1310 Statutes, is reenacted to read:
1311 938.085 Additional cost to fund rape crisis centers.—In
1312 addition to any sanction imposed when a person pleads guilty or
1313 nolo contendere to, or is found guilty of, regardless of
1314 adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
1315 (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
1316 s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
1317 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
1318 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
1319 796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
1320 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
1321 810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
1322 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
1323 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
1324 (14)(c); or s. 985.701(1), the court shall impose a surcharge of
1325 $151. Payment of the surcharge shall be a condition of
1326 probation, community control, or any other court-ordered
1327 supervision. The sum of $150 of the surcharge shall be deposited
1328 into the Rape Crisis Program Trust Fund established within the
1329 Department of Health by chapter 2003-140, Laws of Florida. The
1330 clerk of the court shall retain $1 of each surcharge that the
1331 clerk of the court collects as a service charge of the clerk’s
1332 office.
1333 Section 15. This act shall take effect upon becoming a law.