Florida Senate - 2021 SB 162 By Senator Perry 8-00068A-21 2021162__ 1 A bill to be entitled 2 An act relating to sexual offender registration; 3 amending s. 943.0435, F.S.; redefining the term 4 “sexual offender”; providing an effective date. 5 6 Be It Enacted by the Legislature of the State of Florida: 7 8 Section 1. Paragraph (h) of subsection (1) of section 9 943.0435, Florida Statutes, is amended to read: 10 943.0435 Sexual offenders required to register with the 11 department; penalty.— 12 (1) As used in this section, the term: 13 (h)1. “Sexual offender” means a person who meets the 14 criteria in sub-subparagraph a., sub-subparagraph b., sub 15 subparagraph c., or sub-subparagraph d., as follows: 16 a.(I) Has been convicted of committing, or attempting, 17 soliciting, or conspiring to commit, any of the criminal 18 offenses proscribed in the following statutes in this state or 19 similar offenses in another jurisdiction: s. 393.135(2); s. 20 394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where 21 the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former 22 s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s. 23 794.05; former s. 796.03; former s. 796.035; s. 800.04; s. 24 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 25 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 26 s. 895.03, if the court makes a written finding that the 27 racketeering activity involved at least one sexual offense 28 listed in this sub-sub-subparagraph or at least one offense 29 listed in this sub-sub-subparagraph with sexual intent or 30 motive; s. 916.1075(2); or s. 985.701(1); or any similar offense 31 committed in this state which has been redesignated from a 32 former statute number to one of those listed in this sub-sub 33 subparagraph; and 34 (II) Has been released on or after October 1, 1997, from a 35thesanction imposed for any conviction of an offense described 36 in sub-sub-subparagraph (I). For purposes of sub-sub 37 subparagraph (I), a sanction imposed in this state or in any 38 other jurisdiction includes, but is not limited to, a fine, 39 probation, community control, parole, conditional release, 40 control release, or incarceration in a state prison, federal 41 prison, private correctional facility, or local detention 42 facility. 43 44 A sexual offender under this sub-subparagraph with any 45 unreleased sanctions related to his or her conviction or who 46 fails to complete a financial obligation imposed on him or her 47 is not exempt from the registration requirement imposed by this 48 section. As used in this sub-subparagraph, the term “financial 49 obligation” includes a fine, a fee, or any other monetary 50 obligation resulting from any sanction; 51 b. Establishes or maintains a residence in this state and 52 who has not been designated as a sexual predator by a court of 53 this state but who has been designated as a sexual predator, as 54 a sexually violent predator, or by another sexual offender 55 designation in another state or jurisdiction and was, as a 56 result of such designation, subjected to registration or 57 community or public notification, or both, or would be if the 58 person were a resident of that state or jurisdiction, without 59 regard to whether the person otherwise meets the criteria for 60 registration as a sexual offender; 61 c. Establishes or maintains a residence in this state who 62 is in the custody or control of, or under the supervision of, 63 any other state or jurisdiction as a result of a conviction for 64 committing, or attempting, soliciting, or conspiring to commit, 65 any of the criminal offenses proscribed in the following 66 statutes or similar offense in another jurisdiction: s. 67 393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s. 68 787.025(2)(c), where the victim is a minor; s. 787.06(3)(b), 69 (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding 70 s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035; 71 s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; 72 s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138; 73 s. 847.0145; s. 895.03, if the court makes a written finding 74 that the racketeering activity involved at least one sexual 75 offense listed in this sub-subparagraph or at least one offense 76 listed in this sub-subparagraph with sexual intent or motive; s. 77 916.1075(2); or s. 985.701(1); or any similar offense committed 78 in this state which has been redesignated from a former statute 79 number to one of those listed in this sub-subparagraph; or 80 d. On or after July 1, 2007, has been adjudicated 81 delinquent for committing, or attempting, soliciting, or 82 conspiring to commit, any of the criminal offenses proscribed in 83 the following statutes in this state or similar offenses in 84 another jurisdiction when the juvenile was 14 years of age or 85 older at the time of the offense: 86 (I) Section 794.011, excluding s. 794.011(10); 87 (II) Section 800.04(4)(a)2. where the victim is under 12 88 years of age or where the court finds sexual activity by the use 89 of force or coercion; 90 (III) Section 800.04(5)(c)1. where the court finds 91 molestation involving unclothed genitals; 92 (IV) Section 800.04(5)(d) where the court finds the use of 93 force or coercion and unclothed genitals; or 94 (V) Any similar offense committed in this state which has 95 been redesignated from a former statute number to one of those 96 listed in this sub-subparagraph. 97 2. For all qualifying offenses listed in sub-subparagraph 98 1.d., the court shall make a written finding of the age of the 99 offender at the time of the offense. 100 101 For each violation of a qualifying offense listed in this 102 subsection, except for a violation of s. 794.011, the court 103 shall make a written finding of the age of the victim at the 104 time of the offense. For a violation of s. 800.04(4), the court 105 shall also make a written finding indicating whether the offense 106 involved sexual activity and indicating whether the offense 107 involved force or coercion. For a violation of s. 800.04(5), the 108 court shall also make a written finding that the offense did or 109 did not involve unclothed genitals or genital area and that the 110 offense did or did not involve the use of force or coercion. 111 Section 2. This act shall take effect upon becoming a law.