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
35 the sanction 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.