Florida Senate - 2021                              CS for SB 234
       
       
        
       By the Committee on Criminal Justice; and Senators Book and
       Bradley
       
       
       
       
       591-01266A-21                                          2021234c1
    1                        A bill to be entitled                      
    2         An act relating to registration of sexual predators
    3         and sexual offenders; amending s. 775.21, F.S.;
    4         specifying how days are calculated for the purposes of
    5         determining permanent residence, temporary residence,
    6         and transient residence; authorizing reporting of
    7         certain registration information through the
    8         Department of Law Enforcement’s online system;
    9         authorizing reporting of certain registration
   10         information through an authorized alternate method
   11         provided by the Department of Highway Safety and Motor
   12         Vehicles; requiring the reporting of certain vehicle
   13         information; clarifying a requirement relating to the
   14         timing of reporting of international travel or a
   15         change of residence to another state or jurisdiction;
   16         specifying that failure to report intended travel is
   17         punishable under certain provisions; amending s.
   18         943.0435, F.S.; redefining the term “sexual offender”
   19         to clarify a provision related to release from
   20         sanction; authorizing reporting of certain
   21         registration information through the Department of Law
   22         Enforcement’s online system; authorizing reporting of
   23         certain registration information through an authorized
   24         alternate method provided by the Department of Highway
   25         Safety and Motor Vehicles; requiring the reporting of
   26         certain additional vehicle information; clarifying a
   27         requirement relating to the timing of reporting of
   28         international travel or a change of residence to
   29         another state or jurisdiction; specifying that failure
   30         to report intended travel is punishable under certain
   31         provisions; creating a process for a person to
   32         petition for relief from registration if the person’s
   33         requirement to register is based solely upon a
   34         requirement to register in another state for an
   35         offense that is not similar to an offense requiring
   36         registration in this state and whose registration in
   37         that other state is held confidential, not for public
   38         release, and for criminal justice purposes only;
   39         reenacting ss. 943.0435(1)(f), 944.606(1)(d),
   40         944.609(4), 985.481(1)(d), and 985.4815(1)(f), F.S.,
   41         relating to sexual offenders required to register with
   42         the Department of Law Enforcement and penalties;
   43         sexual offenders and notification upon release; career
   44         offenders and notification upon release; sexual
   45         offenders adjudicated delinquent and notification upon
   46         release; and notification to the department of
   47         information on juvenile sexual offenders,
   48         respectively, to incorporate the amendment made to s.
   49         775.21, F.S., in references thereto; reenacting ss.
   50         61.13(9)(c), 68.07(3)(i), 98.0751(2)(b), 322.141(3),
   51         394.9125(2), 397.487(10)(b), 435.07(4)(b),
   52         775.0862(2), 775.13(4), 775.21(5)(d) and (10)(d),
   53         775.24(2), 775.261(3)(b), 900.05(2)(cc),
   54         903.046(2)(m), 903.133, 907.043(4)(b), 943.0436(2),
   55         943.0584(2), 944.607(4)(a) and (10)(c), 948.06(4),
   56         948.063, 948.31, 985.4815(9) and (10)(c), and
   57         1012.467(2)(g), F.S., relating to support of children,
   58         parenting and time-sharing, and powers of court;
   59         change of name; restoration of voting rights and
   60         termination of ineligibility subsequent to a felony
   61         conviction; color or markings of certain licenses or
   62         identification cards; state attorneys and the
   63         authority to refer a person for civil commitment;
   64         voluntary certification of recovery residences;
   65         exemptions from disqualification; sexual offenses
   66         against students by authority figures and
   67         reclassification; registration of convicted felons,
   68         exemptions, and penalties; the Florida Sexual
   69         Predators Act; the duty of the court to uphold laws
   70         governing sexual predators and sexual offenders; the
   71         Florida Career Offender Registration Act; criminal
   72         justice data collection; the purpose of and criteria
   73         for bail determination; bail on appeal and it being
   74         prohibited for certain felony convictions; pretrial
   75         release and citizens’ right to know; the duty of the
   76         court to uphold laws governing sexual predators and
   77         sexual offenders; criminal history records ineligible
   78         for court-ordered expunction or court-ordered sealing;
   79         notification to the department of information on
   80         sexual offenders; violation of probation or community
   81         control, revocation, modification, continuance, and
   82         failure to pay restitution or cost of supervision;
   83         violations of probation or community control by
   84         designated sexual offenders and sexual predators;
   85         evaluation and treatment of sexual predators and
   86         offenders on probation or community control;
   87         notification to the department of information on
   88         juvenile sexual offenders; and noninstructional
   89         contractors who are permitted access to school grounds
   90         when students are present and background screening
   91         requirements, respectively, to incorporate the
   92         amendment made to s. 943.0435, F.S., in references
   93         thereto; reenacting ss. 68.07(6), 320.02(4), 322.19(1)
   94         and (2), 775.25, 794.056(1), 938.085, 938.10(1),
   95         944.607(4)(a) and (9), and 985.04(6)(b), F.S.,
   96         relating to change of name; registration required,
   97         application for registration, and forms; change of
   98         address or name; prosecutions for acts or omissions;
   99         the Rape Crisis Program Trust Fund; additional cost to
  100         fund rape crisis centers; additional court cost
  101         imposed in cases of certain crimes; notification to
  102         Department of Law Enforcement of information on sexual
  103         offenders; and oaths, records, and confidential
  104         information, respectively, to incorporate the
  105         amendments made to ss. 775.21 and 943.0435, F.S., in
  106         references thereto; providing an effective date.
  107          
  108  Be It Enacted by the Legislature of the State of Florida:
  109  
  110         Section 1. Paragraphs (k), (n), and (o) of subsection (2)
  111  and paragraphs (a), (g), and (i) of subsection (6) of section
  112  775.21, Florida Statutes, are amended to read:
  113         775.21 The Florida Sexual Predators Act.—
  114         (2) DEFINITIONS.—As used in this section, the term:
  115         (k) “Permanent residence” means a place where the person
  116  abides, lodges, or resides for 3 or more consecutive days. In
  117  calculating days for “permanent residence,” the first day a
  118  person abides, lodges, or resides at a place is excluded. Each
  119  day following the first day is counted. A day includes any part
  120  of a calendar day.
  121         (n) “Temporary residence” means a place where the person
  122  abides, lodges, or resides, including, but not limited to,
  123  vacation, business, or personal travel destinations in or out of
  124  this state, for a period of 3 or more days in the aggregate
  125  during any calendar year and which is not the person’s permanent
  126  address or, for a person whose permanent residence is not in
  127  this state, a place where the person is employed, practices a
  128  vocation, or is enrolled as a student for any period of time in
  129  this state. In calculating days for “temporary residence,” the
  130  first day a person abides, lodges, or resides at a place is
  131  excluded. Each day following the first day is counted. A day
  132  includes any part of a calendar day.
  133         (o) “Transient residence” means a county where a person
  134  lives, remains, or is located for a period of 3 or more days in
  135  the aggregate during a calendar year and which is not the
  136  person’s permanent or temporary address. The term includes, but
  137  is not limited to, a place where the person sleeps or seeks
  138  shelter and a location that has no specific street address. In
  139  calculating days for “transient residence,” the first day a
  140  person lives, remains, or is located in a county is excluded.
  141  Each day following the first day is counted. A day includes any
  142  part of a calendar day.
  143         (6) REGISTRATION.—
  144         (a) A sexual predator shall register with the department
  145  through the sheriff’s office by providing the following
  146  information to the department:
  147         1. Name; social security number; age; race; sex; date of
  148  birth; height; weight; tattoos or other identifying marks; hair
  149  and eye color; photograph; address of legal residence and
  150  address of any current temporary residence, within the state or
  151  out of state, including a rural route address and a post office
  152  box; if no permanent or temporary address, any transient
  153  residence within the state; address, location or description,
  154  and dates of any current or known future temporary residence
  155  within the state or out of state; electronic mail addresses;
  156  Internet identifiers and each Internet identifier’s
  157  corresponding website homepage or application software name;
  158  home telephone numbers and cellular telephone numbers;
  159  employment information; the make, model, color, vehicle
  160  identification number (VIN), and license tag number of all
  161  vehicles owned; date and place of each conviction; fingerprints;
  162  palm prints; and a brief description of the crime or crimes
  163  committed by the offender. A post office box may not be provided
  164  in lieu of a physical residential address. The sexual predator
  165  shall produce his or her passport, if he or she has a passport,
  166  and, if he or she is an alien, shall produce or provide
  167  information about documents establishing his or her immigration
  168  status. The sexual predator shall also provide information about
  169  any professional licenses he or she has.
  170         a. Any change that occurs after the sexual predator
  171  registers in person at the sheriff’s office as provided in this
  172  subparagraph in any of the following information related to the
  173  sexual predator must be reported as provided in paragraphs (g),
  174  (i), and (j): permanent, temporary, or transient residence;
  175  name; electronic mail addresses; Internet identifiers and each
  176  Internet identifier’s corresponding website homepage or
  177  application software name; home and cellular telephone numbers;
  178  employment information; and status at an institution of higher
  179  education.
  180         b. If the sexual predator’s place of residence is a motor
  181  vehicle, trailer, mobile home, or manufactured home, as defined
  182  in chapter 320, the sexual predator shall also provide to the
  183  department written notice of the vehicle identification number;
  184  the license tag number; the registration number; and a
  185  description, including color scheme, of the motor vehicle,
  186  trailer, mobile home, or manufactured home. If a sexual
  187  predator’s place of residence is a vessel, live-aboard vessel,
  188  or houseboat, as defined in chapter 327, the sexual predator
  189  shall also provide to the department written notice of the hull
  190  identification number; the manufacturer’s serial number; the
  191  name of the vessel, live-aboard vessel, or houseboat; the
  192  registration number; and a description, including color scheme,
  193  of the vessel, live-aboard vessel, or houseboat.
  194         c. If the sexual predator is enrolled or employed, whether
  195  for compensation or as a volunteer, at an institution of higher
  196  education in this state, the sexual predator shall also provide
  197  to the department the name, address, and county of each
  198  institution, including each campus attended, and the sexual
  199  predator’s enrollment, volunteer, or employment status. The
  200  sheriff, the Department of Corrections, or the Department of
  201  Juvenile Justice shall promptly notify each institution of
  202  higher education of the sexual predator’s presence and any
  203  change in the sexual predator’s enrollment, volunteer, or
  204  employment status.
  205         d. A sexual predator shall report to the department through
  206  the department’s online system or in person to the sheriff’s
  207  office within 48 hours after any change in vehicles owned to
  208  report those vehicle information changes.
  209         2. Any other information determined necessary by the
  210  department, including criminal and corrections records;
  211  nonprivileged personnel and treatment records; and evidentiary
  212  genetic markers when available.
  213         (g)1. Each time a sexual predator’s driver license or
  214  identification card is subject to renewal, and, without regard
  215  to the status of the predator’s driver license or identification
  216  card, within 48 hours after any change of the predator’s
  217  residence or change in the predator’s name by reason of marriage
  218  or other legal process, the predator shall report in person to a
  219  driver license office, or through an authorized alternate method
  220  as provided by the Department of Highway Safety and Motor
  221  Vehicles, and is subject to the requirements specified in
  222  paragraph (f). The Department of Highway Safety and Motor
  223  Vehicles shall forward to the department and to the Department
  224  of Corrections all photographs and information provided by
  225  sexual predators. Notwithstanding the restrictions set forth in
  226  s. 322.142, the Department of Highway Safety and Motor Vehicles
  227  may release a reproduction of a color-photograph or digital
  228  image license to the Department of Law Enforcement for purposes
  229  of public notification of sexual predators as provided in this
  230  section. A sexual predator who is unable to secure or update a
  231  driver license or an identification card with the Department of
  232  Highway Safety and Motor Vehicles as provided in paragraph (f)
  233  and this paragraph shall also report any change of the
  234  predator’s residence or change in the predator’s name by reason
  235  of marriage or other legal process within 48 hours after the
  236  change to the sheriff’s office in the county where the predator
  237  resides or is located and provide confirmation that he or she
  238  reported such information to the Department of Highway Safety
  239  and Motor Vehicles. The reporting requirements under this
  240  subparagraph do not negate the requirement for a sexual predator
  241  to obtain a Florida driver license or identification card as
  242  required by this section.
  243         2.a. A sexual predator who vacates a permanent, temporary,
  244  or transient residence and fails to establish or maintain
  245  another permanent, temporary, or transient residence shall,
  246  within 48 hours after vacating the permanent, temporary, or
  247  transient residence, report in person to the sheriff’s office of
  248  the county in which he or she is located. The sexual predator
  249  shall specify the date upon which he or she intends to or did
  250  vacate such residence. The sexual predator shall provide or
  251  update all of the registration information required under
  252  paragraph (a). The sexual predator shall provide an address for
  253  the residence or other place that he or she is or will be
  254  located during the time in which he or she fails to establish or
  255  maintain a permanent or temporary residence.
  256         b. A sexual predator shall report in person at the
  257  sheriff’s office in the county in which he or she is located
  258  within 48 hours after establishing a transient residence and
  259  thereafter must report in person every 30 days to the sheriff’s
  260  office in the county in which he or she is located while
  261  maintaining a transient residence. The sexual predator must
  262  provide the addresses and locations where he or she maintains a
  263  transient residence. Each sheriff’s office shall establish
  264  procedures for reporting transient residence information and
  265  provide notice to transient registrants to report transient
  266  residence information as required in this sub-subparagraph.
  267  Reporting to the sheriff’s office as required by this sub
  268  subparagraph does not exempt registrants from any reregistration
  269  requirement. The sheriff may coordinate and enter into
  270  agreements with police departments and other governmental
  271  entities to facilitate additional reporting sites for transient
  272  residence registration required in this sub-subparagraph. The
  273  sheriff’s office shall, within 2 business days, electronically
  274  submit and update all information provided by the sexual
  275  predator to the department.
  276         3. A sexual predator who remains at a permanent, temporary,
  277  or transient residence after reporting his or her intent to
  278  vacate such residence shall, within 48 hours after the date upon
  279  which the predator indicated he or she would or did vacate such
  280  residence, report in person to the sheriff’s office to which he
  281  or she reported pursuant to subparagraph 2. for the purpose of
  282  reporting his or her address at such residence. When the sheriff
  283  receives the report, the sheriff shall promptly convey the
  284  information to the department. An offender who makes a report as
  285  required under subparagraph 2. but fails to make a report as
  286  required under this subparagraph commits a felony of the second
  287  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  288  775.084.
  289         4. The failure of a sexual predator who maintains a
  290  transient residence to report in person to the sheriff’s office
  291  every 30 days as required by sub-subparagraph 2.b. is punishable
  292  as provided in subsection (10).
  293         5.a. A sexual predator shall register all electronic mail
  294  addresses and Internet identifiers, and each Internet
  295  identifier’s corresponding website homepage or application
  296  software name, with the department through the department’s
  297  online system or in person at the sheriff’s office within 48
  298  hours after using such electronic mail addresses and Internet
  299  identifiers. If the sexual predator is in the custody or
  300  control, or under the supervision, of the Department of
  301  Corrections, he or she must report all electronic mail addresses
  302  and Internet identifiers, and each Internet identifier’s
  303  corresponding website homepage or application software name, to
  304  the Department of Corrections before using such electronic mail
  305  addresses or Internet identifiers. If the sexual predator is in
  306  the custody or control, or under the supervision, of the
  307  Department of Juvenile Justice, he or she must report all
  308  electronic mail addresses and Internet identifiers, and each
  309  Internet identifier’s corresponding website homepage or
  310  application software name, to the Department of Juvenile Justice
  311  before using such electronic mail addresses or Internet
  312  identifiers.
  313         b. A sexual predator shall register all changes to vehicles
  314  owned, all changes to home telephone numbers and cellular
  315  telephone numbers, including added and deleted numbers, all
  316  changes to employment information, and all changes in status
  317  related to enrollment, volunteering, or employment at
  318  institutions of higher education, through the department’s
  319  online system; in person at the sheriff’s office; in person at
  320  the Department of Corrections if the sexual predator is in the
  321  custody or control, or under the supervision, of the Department
  322  of Corrections; or in person at the Department of Juvenile
  323  Justice if the sexual predator is in the custody or control, or
  324  under the supervision, of the Department of Juvenile Justice.
  325  All changes required to be reported in this sub-subparagraph
  326  shall be reported within 48 hours after the change.
  327         c. The department shall establish an online system through
  328  which sexual predators may securely access, submit, and update
  329  all vehicles owned; electronic mail addresses; Internet
  330  identifiers and each Internet identifier’s corresponding website
  331  homepage or application software name; home telephone numbers
  332  and cellular telephone numbers; employment information; and
  333  institution of higher education information.
  334         (i) A sexual predator who intends to establish a permanent,
  335  temporary, or transient residence in another state or
  336  jurisdiction other than the State of Florida shall report in
  337  person to the sheriff of the county of current residence at
  338  least within 48 hours before the date he or she intends to leave
  339  this state to establish residence in another state or
  340  jurisdiction or at least 21 days before the date he or she
  341  intends to travel if the intended residence of 5 days or more is
  342  outside of the United States. Any travel that is not known by
  343  the sexual predator at least 48 hours before he or she intends
  344  to establish a residence in another state or jurisdiction or 21
  345  days before the departure date for travel outside of the United
  346  States must be reported to the sheriff’s office as soon as
  347  possible before departure. The sexual predator shall provide to
  348  the sheriff the address, municipality, county, state, and
  349  country of intended residence. For international travel, the
  350  sexual predator shall also provide travel information,
  351  including, but not limited to, expected departure and return
  352  dates, flight number, airport of departure, cruise port of
  353  departure, or any other means of intended travel. The sheriff
  354  shall promptly provide to the department the information
  355  received from the sexual predator. The department shall notify
  356  the statewide law enforcement agency, or a comparable agency, in
  357  the intended state, jurisdiction, or country of residence, or
  358  the intended country of travel, of the sexual predator’s
  359  intended residence or intended travel. The failure of a sexual
  360  predator to provide his or her intended place of residence or
  361  intended travel is punishable as provided in subsection (10).
  362         Section 2. Paragraph (h) of subsection (1), paragraph (b)
  363  of subsection (2), paragraphs (a) and (e) of subsection (4), and
  364  subsections (7) and (11) of section 943.0435, Florida Statutes,
  365  are amended to read:
  366         943.0435 Sexual offenders required to register with the
  367  department; penalty.—
  368         (1) As used in this section, the term:
  369         (h)1. “Sexual offender” means a person who meets the
  370  criteria in sub-subparagraph a., sub-subparagraph b., sub
  371  subparagraph c., or sub-subparagraph d., as follows:
  372         a.(I) Has been convicted of committing, or attempting,
  373  soliciting, or conspiring to commit, any of the criminal
  374  offenses proscribed in the following statutes in this state or
  375  similar offenses in another jurisdiction: s. 393.135(2); s.
  376  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  377  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
  378  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  379  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  380  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  381  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  382  s. 895.03, if the court makes a written finding that the
  383  racketeering activity involved at least one sexual offense
  384  listed in this sub-sub-subparagraph or at least one offense
  385  listed in this sub-sub-subparagraph with sexual intent or
  386  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  387  committed in this state which has been redesignated from a
  388  former statute number to one of those listed in this sub-sub
  389  subparagraph; and
  390         (II) Has been released on or after October 1, 1997, from a
  391  the sanction imposed for any conviction of an offense described
  392  in sub-sub-subparagraph (I) and does not otherwise meet the
  393  criteria for registration as a sexual offender under chapter 944
  394  or chapter 985. For purposes of sub-sub-subparagraph (I), a
  395  sanction imposed in this state or in any other jurisdiction
  396  includes, but is not limited to, a fine, probation, community
  397  control, parole, conditional release, control release, or
  398  incarceration in a state prison, federal prison, private
  399  correctional facility, or local detention facility. If no
  400  sanction is imposed the person is deemed to be released upon
  401  conviction;
  402         b. Establishes or maintains a residence in this state and
  403  who has not been designated as a sexual predator by a court of
  404  this state but who has been designated as a sexual predator, as
  405  a sexually violent predator, or by another sexual offender
  406  designation in another state or jurisdiction and was, as a
  407  result of such designation, subjected to registration or
  408  community or public notification, or both, or would be if the
  409  person were a resident of that state or jurisdiction, without
  410  regard to whether the person otherwise meets the criteria for
  411  registration as a sexual offender;
  412         c. Establishes or maintains a residence in this state who
  413  is in the custody or control of, or under the supervision of,
  414  any other state or jurisdiction as a result of a conviction for
  415  committing, or attempting, soliciting, or conspiring to commit,
  416  any of the criminal offenses proscribed in the following
  417  statutes or similar offense in another jurisdiction: s.
  418  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  419  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  420  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  421  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  422  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
  423  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
  424  s. 847.0145; s. 895.03, if the court makes a written finding
  425  that the racketeering activity involved at least one sexual
  426  offense listed in this sub-subparagraph or at least one offense
  427  listed in this sub-subparagraph with sexual intent or motive; s.
  428  916.1075(2); or s. 985.701(1); or any similar offense committed
  429  in this state which has been redesignated from a former statute
  430  number to one of those listed in this sub-subparagraph; or
  431         d. On or after July 1, 2007, has been adjudicated
  432  delinquent for committing, or attempting, soliciting, or
  433  conspiring to commit, any of the criminal offenses proscribed in
  434  the following statutes in this state or similar offenses in
  435  another jurisdiction when the juvenile was 14 years of age or
  436  older at the time of the offense:
  437         (I) Section 794.011, excluding s. 794.011(10);
  438         (II) Section 800.04(4)(a)2. where the victim is under 12
  439  years of age or where the court finds sexual activity by the use
  440  of force or coercion;
  441         (III) Section 800.04(5)(c)1. where the court finds
  442  molestation involving unclothed genitals;
  443         (IV) Section 800.04(5)(d) where the court finds the use of
  444  force or coercion and unclothed genitals; or
  445         (V) Any similar offense committed in this state which has
  446  been redesignated from a former statute number to one of those
  447  listed in this sub-subparagraph.
  448         2. For all qualifying offenses listed in sub-subparagraph
  449  1.d., the court shall make a written finding of the age of the
  450  offender at the time of the offense.
  451  
  452  For each violation of a qualifying offense listed in this
  453  subsection, except for a violation of s. 794.011, the court
  454  shall make a written finding of the age of the victim at the
  455  time of the offense. For a violation of s. 800.04(4), the court
  456  shall also make a written finding indicating whether the offense
  457  involved sexual activity and indicating whether the offense
  458  involved force or coercion. For a violation of s. 800.04(5), the
  459  court shall also make a written finding that the offense did or
  460  did not involve unclothed genitals or genital area and that the
  461  offense did or did not involve the use of force or coercion.
  462         (2) Upon initial registration, a sexual offender shall:
  463         (b) Provide his or her name; date of birth; social security
  464  number; race; sex; height; weight; hair and eye color; tattoos
  465  or other identifying marks; fingerprints; palm prints;
  466  photograph; employment information; address of permanent or
  467  legal residence or address of any current temporary residence,
  468  within the state or out of state, including a rural route
  469  address and a post office box; if no permanent or temporary
  470  address, any transient residence within the state, address,
  471  location or description, and dates of any current or known
  472  future temporary residence within the state or out of state; the
  473  make, model, color, vehicle identification number (VIN), and
  474  license tag number of all vehicles owned; home telephone numbers
  475  and cellular telephone numbers; electronic mail addresses;
  476  Internet identifiers and each Internet identifier’s
  477  corresponding website homepage or application software name;
  478  date and place of each conviction; and a brief description of
  479  the crime or crimes committed by the offender. A post office box
  480  may not be provided in lieu of a physical residential address.
  481  The sexual offender shall also produce his or her passport, if
  482  he or she has a passport, and, if he or she is an alien, shall
  483  produce or provide information about documents establishing his
  484  or her immigration status. The sexual offender shall also
  485  provide information about any professional licenses he or she
  486  has.
  487         1. If the sexual offender’s place of residence is a motor
  488  vehicle, trailer, mobile home, or manufactured home, as defined
  489  in chapter 320, the sexual offender shall also provide to the
  490  department through the sheriff’s office written notice of the
  491  vehicle identification number; the license tag number; the
  492  registration number; and a description, including color scheme,
  493  of the motor vehicle, trailer, mobile home, or manufactured
  494  home. If the sexual offender’s place of residence is a vessel,
  495  live-aboard vessel, or houseboat, as defined in chapter 327, the
  496  sexual offender shall also provide to the department written
  497  notice of the hull identification number; the manufacturer’s
  498  serial number; the name of the vessel, live-aboard vessel, or
  499  houseboat; the registration number; and a description, including
  500  color scheme, of the vessel, live-aboard vessel, or houseboat.
  501         2. If the sexual offender is enrolled or employed, whether
  502  for compensation or as a volunteer, at an institution of higher
  503  education in this state, the sexual offender shall also provide
  504  to the department the name, address, and county of each
  505  institution, including each campus attended, and the sexual
  506  offender’s enrollment, volunteer, or employment status. The
  507  sheriff, the Department of Corrections, or the Department of
  508  Juvenile Justice shall promptly notify each institution of
  509  higher education of the sexual offender’s presence and any
  510  change in the sexual offender’s enrollment, volunteer, or
  511  employment status.
  512         3. A sexual offender shall report to the department through
  513  the department’s online system or in person to the sheriff’s
  514  office within 48 hours after any change in vehicles owned to
  515  report those vehicle information changes.
  516  
  517  When a sexual offender reports at the sheriff’s office, the
  518  sheriff shall take a photograph, a set of fingerprints, and palm
  519  prints of the offender and forward the photographs, palm prints,
  520  and fingerprints to the department, along with the information
  521  provided by the sexual offender. The sheriff shall promptly
  522  provide to the department the information received from the
  523  sexual offender.
  524         (4)(a) Each time a sexual offender’s driver license or
  525  identification card is subject to renewal, and, without regard
  526  to the status of the offender’s driver license or identification
  527  card, within 48 hours after any change in the offender’s
  528  permanent, temporary, or transient residence or change in the
  529  offender’s name by reason of marriage or other legal process,
  530  the offender shall report in person to a driver license office,
  531  or through an authorized alternate method as provided by the
  532  Department of Highway Safety and Motor Vehicles, and is subject
  533  to the requirements specified in subsection (3). The Department
  534  of Highway Safety and Motor Vehicles shall forward to the
  535  department all photographs and information provided by sexual
  536  offenders. Notwithstanding the restrictions set forth in s.
  537  322.142, the Department of Highway Safety and Motor Vehicles may
  538  release a reproduction of a color-photograph or digital-image
  539  license to the Department of Law Enforcement for purposes of
  540  public notification of sexual offenders as provided in this
  541  section and ss. 943.043 and 944.606. A sexual offender who is
  542  unable to secure or update a driver license or an identification
  543  card with the Department of Highway Safety and Motor Vehicles as
  544  provided in subsection (3) and this subsection shall also report
  545  any change in the sexual offender’s permanent, temporary, or
  546  transient residence or change in the offender’s name by reason
  547  of marriage or other legal process within 48 hours after the
  548  change to the sheriff’s office in the county where the offender
  549  resides or is located and provide confirmation that he or she
  550  reported such information to the Department of Highway Safety
  551  and Motor Vehicles. The reporting requirements under this
  552  paragraph do not negate the requirement for a sexual offender to
  553  obtain a Florida driver license or an identification card as
  554  required in this section.
  555         (e)1. A sexual offender shall register all electronic mail
  556  addresses and Internet identifiers, and each Internet
  557  identifier’s corresponding website homepage or application
  558  software name, with the department through the department’s
  559  online system or in person at the sheriff’s office within 48
  560  hours after using such electronic mail addresses and Internet
  561  identifiers. If the sexual offender is in the custody or
  562  control, or under the supervision, of the Department of
  563  Corrections, he or she must report all electronic mail addresses
  564  and Internet identifiers, and each Internet identifier’s
  565  corresponding website homepage or application software name, to
  566  the Department of Corrections before using such electronic mail
  567  addresses or Internet identifiers. If the sexual offender is in
  568  the custody or control, or under the supervision, of the
  569  Department of Juvenile Justice, he or she must report all
  570  electronic mail addresses and Internet identifiers, and each
  571  Internet identifier’s corresponding website homepage or
  572  application software name, to the Department of Juvenile Justice
  573  before using such electronic mail addresses or Internet
  574  identifiers.
  575         2. A sexual offender shall register all changes to vehicles
  576  owned, all changes to home telephone numbers and cellular
  577  telephone numbers, including added and deleted numbers, all
  578  changes to employment information, and all changes in status
  579  related to enrollment, volunteering, or employment at
  580  institutions of higher education, through the department’s
  581  online system; in person at the sheriff’s office; in person at
  582  the Department of Corrections if the sexual offender is in the
  583  custody or control, or under the supervision, of the Department
  584  of Corrections; or in person at the Department of Juvenile
  585  Justice if the sexual offender is in the custody or control, or
  586  under the supervision, of the Department of Juvenile Justice.
  587  All changes required to be reported under this subparagraph must
  588  be reported within 48 hours after the change.
  589         3. The department shall establish an online system through
  590  which sexual offenders may securely access, submit, and update
  591  all changes in status to vehicles owned; electronic mail
  592  addresses; Internet identifiers and each Internet identifier’s
  593  corresponding website homepage or application software name;
  594  home telephone numbers and cellular telephone numbers;
  595  employment information; and institution of higher education
  596  information.
  597         (7) A sexual offender who intends to establish a permanent,
  598  temporary, or transient residence in another state or
  599  jurisdiction other than the State of Florida shall report in
  600  person to the sheriff of the county of current residence at
  601  least within 48 hours before the date he or she intends to leave
  602  this state to establish residence in another state or
  603  jurisdiction or at least 21 days before the date he or she
  604  intends to travel if the intended residence of 5 days or more is
  605  outside of the United States. Any travel that is not known by
  606  the sexual offender at least 48 hours before he or she intends
  607  to establish a residence in another state or jurisdiction, or 21
  608  days before the departure date for travel outside of the United
  609  States, must be reported in person to the sheriff’s office as
  610  soon as possible before departure. The sexual offender shall
  611  provide to the sheriff the address, municipality, county, state,
  612  and country of intended residence. For international travel, the
  613  sexual offender shall also provide travel information,
  614  including, but not limited to, expected departure and return
  615  dates, flight number, airport of departure, cruise port of
  616  departure, or any other means of intended travel. The sheriff
  617  shall promptly provide to the department the information
  618  received from the sexual offender. The department shall notify
  619  the statewide law enforcement agency, or a comparable agency, in
  620  the intended state, jurisdiction, or country of residence, or
  621  the intended country of travel, of the sexual offender’s
  622  intended residence or intended travel. The failure of a sexual
  623  offender to provide his or her intended place of residence or
  624  intended travel is punishable as provided in subsection (9).
  625         (11) Except as provided in s. 943.04354, a sexual offender
  626  shall maintain registration with the department for the duration
  627  of his or her life unless the sexual offender has received a
  628  full pardon or has had a conviction set aside in a
  629  postconviction proceeding for any offense that meets the
  630  criteria for classifying the person as a sexual offender for
  631  purposes of registration. However, a sexual offender shall be
  632  considered for removal of the requirement to register as a
  633  sexual offender only if the person:
  634         (a)1. Has been lawfully released from confinement,
  635  supervision, or sanction, whichever is later, for at least 25
  636  years and has not been arrested for any felony or misdemeanor
  637  offense since release, provided that the sexual offender’s
  638  requirement to register was not based upon an adult conviction:
  639         a. For a violation of s. 787.01 or s. 787.02;
  640         b. For a violation of s. 794.011, excluding s. 794.011(10);
  641         c. For a violation of s. 800.04(4)(a)2. where the court
  642  finds the offense involved a victim under 12 years of age or
  643  sexual activity by the use of force or coercion;
  644         d. For a violation of s. 800.04(5)(b);
  645         e. For a violation of s. 800.04(5)(c)2. where the court
  646  finds the offense involved the use of force or coercion and
  647  unclothed genitals or genital area;
  648         f. For a violation of s. 825.1025(2)(a);
  649         g. For any attempt or conspiracy to commit any such
  650  offense;
  651         h. For a violation of similar law of another jurisdiction;
  652  or
  653         i. For a violation of a similar offense committed in this
  654  state which has been redesignated from a former statute number
  655  to one of those listed in this subparagraph.
  656         2. If the sexual offender meets the criteria in
  657  subparagraph 1., the sexual offender may, for the purpose of
  658  removing the requirement for registration as a sexual offender,
  659  petition the criminal division of the circuit court of the
  660  circuit:
  661         a. Where the conviction or adjudication occurred, for a
  662  conviction in this state;
  663         b. Where the sexual offender resides, for a conviction of a
  664  violation of similar law of another jurisdiction; or
  665         c. Where the sexual offender last resided, for a sexual
  666  offender with a conviction of a violation of similar law of
  667  another jurisdiction who no longer resides in this state.
  668         3. The court may grant or deny relief if the offender
  669  demonstrates to the court that he or she has not been arrested
  670  for any crime since release; the requested relief complies with
  671  the federal Adam Walsh Child Protection and Safety Act of 2006
  672  and any other federal standards applicable to the removal of
  673  registration requirements for a sexual offender or required to
  674  be met as a condition for the receipt of federal funds by the
  675  state; and the court is otherwise satisfied that the offender is
  676  not a current or potential threat to public safety. The state
  677  attorney in the circuit in which the petition is filed must be
  678  given notice of the petition at least 3 weeks before the hearing
  679  on the matter. The state attorney may present evidence in
  680  opposition to the requested relief or may otherwise demonstrate
  681  the reasons why the petition should be denied. If the court
  682  denies the petition, the court may set a future date at which
  683  the sexual offender may again petition the court for relief,
  684  subject to the standards for relief provided in this subsection.
  685         4. The department shall remove an offender from
  686  classification as a sexual offender for purposes of registration
  687  if the offender provides to the department a certified copy of
  688  the court’s written findings or order that indicates that the
  689  offender is no longer required to comply with the requirements
  690  for registration as a sexual offender.
  691         (b) Maintains As defined in sub-subparagraph (1)(h)1.b.
  692  must maintain registration with the department as described in
  693  sub-subparagraph (1)(h)1.b. for the duration of his or her life
  694  until the person provides the department with an order issued by
  695  the court that designated the person as a sexual predator, as a
  696  sexually violent predator, or as any other by another sexual
  697  offender designation in the state or jurisdiction in which the
  698  order was issued which states that such designation has been
  699  removed or demonstrates to the department that such designation,
  700  if not imposed by a court, has been removed by operation of law
  701  or court order in the state or jurisdiction in which the
  702  designation was made, and provided that such person no longer
  703  meets the criteria for registration as a sexual offender under
  704  the laws of this state.
  705         (c)1. Is required to register as a sexual offender solely
  706  under the requirements of sub-subparagraph (1)(h)1.b. and files
  707  a petition in the circuit court in the jurisdiction in which the
  708  person resides or, for a person who no longer resides in this
  709  state, the court in the jurisdiction in which the person last
  710  resided in this state. The petition must assert that his or her
  711  designation as a sexual predator or sexually violent predator or
  712  any other sexual offender designation in the state or
  713  jurisdiction in which the designation was made is confidential
  714  from public disclosure or that such designation, if not imposed
  715  by a court, is considered confidential from public disclosure by
  716  operation of law or court order in the state or jurisdiction
  717  requiring registration, provided that such person does not meet
  718  the criteria for registration as a sexual offender under the
  719  laws of this state.
  720         2. If the person meets the criteria in subparagraph 1., the
  721  court may grant the petition and remove the requirement to
  722  register as a sexual offender.
  723         3. A petition filed under this paragraph must document the
  724  person’s conviction and include a copy of the order issued by
  725  the court in the state or jurisdiction which made the
  726  designation confidential from public disclosure. If the
  727  confidential status was not granted by court order, the person
  728  must demonstrate to the court that his or her registration
  729  requirement has been made confidential by operation of law in
  730  the state or jurisdiction requiring registration. The state
  731  attorney and the department must be given notice at least 21
  732  days before the date of the hearing on the petition and may
  733  present evidence in opposition to the requested relief or may
  734  otherwise demonstrate why it should be denied.
  735         4. If a person provides to the department a certified copy
  736  of the circuit court’s order granting the person’s removal of
  737  the requirement to register as a sexual offender in this state
  738  in accordance with this paragraph, the registration requirement
  739  does not apply to the person and the department must remove all
  740  information about the person from the public registry of sexual
  741  offenders and sexual predators maintained by the department.
  742         Section 3. For the purpose of incorporating the amendment
  743  made by this act to section 775.21, Florida Statutes, in a
  744  reference thereto, paragraph (f) of subsection (1) of section
  745  943.0435, Florida Statutes, is reenacted to read:
  746         943.0435 Sexual offenders required to register with the
  747  department; penalty.—
  748         (1) As used in this section, the term:
  749         (f) “Permanent residence,” “temporary residence,” and
  750  “transient residence” have the same meaning as provided in s.
  751  775.21.
  752         Section 4. For the purpose of incorporating the amendment
  753  made by this act to section 775.21, Florida Statutes, in a
  754  reference thereto, paragraph (d) of subsection (1) of section
  755  944.606, Florida Statutes, is reenacted to read:
  756         944.606 Sexual offenders; notification upon release.—
  757         (1) As used in this section, the term:
  758         (d) “Permanent residence,” “temporary residence,” and
  759  “transient residence” have the same meaning as provided in s.
  760  775.21.
  761         Section 5. For the purpose of incorporating the amendment
  762  made by this act to section 775.21, Florida Statutes, in a
  763  reference thereto, subsection (4) of section 944.609, Florida
  764  Statutes, is reenacted to read:
  765         944.609 Career offenders; notification upon release.—
  766         (4) The department or any law enforcement agency may notify
  767  the community and the public of a career offender’s presence in
  768  the community. However, with respect to a career offender who
  769  has been found to be a sexual predator under s. 775.21, the
  770  Department of Law Enforcement or any other law enforcement
  771  agency must inform the community and the public of the career
  772  offender’s presence in the community, as provided in s. 775.21.
  773         Section 6. For the purpose of incorporating the amendment
  774  made by this act to section 775.21, Florida Statutes, in a
  775  reference thereto, paragraph (d) of subsection (1) of section
  776  985.481, Florida Statutes, is reenacted to read:
  777         985.481 Sexual offenders adjudicated delinquent;
  778  notification upon release.—
  779         (1) As used in this section:
  780         (d) “Permanent residence,” “temporary residence,” and
  781  “transient residence” have the same meaning as provided in s.
  782  775.21.
  783         Section 7. For the purpose of incorporating the amendment
  784  made by this act to section 775.21, Florida Statutes, in a
  785  reference thereto, paragraph (f) of subsection (1) of section
  786  985.4815, Florida Statutes, is reenacted to read:
  787         985.4815 Notification to Department of Law Enforcement of
  788  information on juvenile sexual offenders.—
  789         (1) As used in this section, the term:
  790         (f) “Permanent residence,” “temporary residence,” and
  791  “transient residence” have the same meaning as provided in s.
  792  775.21.
  793         Section 8. For the purpose of incorporating the amendment
  794  made by this act to section 943.0435, Florida Statutes, in a
  795  reference thereto, paragraph (c) of subsection (9) of section
  796  61.13, Florida Statutes, is reenacted to read:
  797         61.13 Support of children; parenting and time-sharing;
  798  powers of court.—
  799         (9)
  800         (c) A court may not order visitation at a recovery
  801  residence if any resident of the recovery residence is currently
  802  required to register as a sexual predator under s. 775.21 or as
  803  a sexual offender under s. 943.0435.
  804         Section 9. For the purpose of incorporating the amendment
  805  made by this act to section 943.0435, Florida Statutes, in a
  806  reference thereto, paragraph (i) of subsection (3) of section
  807  68.07, Florida Statutes, is reenacted to read:
  808         68.07 Change of name.—
  809         (3) Each petition shall be verified and show:
  810         (i) Whether the petitioner has ever been required to
  811  register as a sexual predator under s. 775.21 or as a sexual
  812  offender under s. 943.0435.
  813         Section 10. For the purpose of incorporating the amendment
  814  made by this act to section 943.0435, Florida Statutes, in a
  815  reference thereto, paragraph (b) of subsection (2) of section
  816  98.0751, Florida Statutes, is reenacted to read:
  817         98.0751 Restoration of voting rights; termination of
  818  ineligibility subsequent to a felony conviction.—
  819         (2) For purposes of this section, the term:
  820         (b) “Felony sexual offense” means any of the following:
  821         1. Any felony offense that serves as a predicate to
  822  registration as a sexual offender in accordance with s.
  823  943.0435;
  824         2. Section 491.0112;
  825         3. Section 784.049(3)(b);
  826         4. Section 794.08;
  827         5. Section 796.08;
  828         6. Section 800.101;
  829         7. Section 826.04;
  830         8. Section 847.012;
  831         9. Section 872.06(2);
  832         10. Section 944.35(3)(b)2.;
  833         11. Section 951.221(1); or
  834         12. Any similar offense committed in another jurisdiction
  835  which would be an offense listed in this paragraph if it had
  836  been committed in violation of the laws of this state.
  837         Section 11. For the purpose of incorporating the amendment
  838  made by this act to section 943.0435, Florida Statutes, in a
  839  reference thereto, subsection (3) of section 322.141, Florida
  840  Statutes, is reenacted to read:
  841         322.141 Color or markings of certain licenses or
  842  identification cards.—
  843         (3) All licenses for the operation of motor vehicles or
  844  identification cards originally issued or reissued by the
  845  department to persons who are designated as sexual predators
  846  under s. 775.21 or subject to registration as sexual offenders
  847  under s. 943.0435 or s. 944.607, or who have a similar
  848  designation or are subject to a similar registration under the
  849  laws of another jurisdiction, shall have on the front of the
  850  license or identification card the following:
  851         (a) For a person designated as a sexual predator under s.
  852  775.21 or who has a similar designation under the laws of
  853  another jurisdiction, the marking “SEXUAL PREDATOR.”
  854         (b) For a person subject to registration as a sexual
  855  offender under s. 943.0435 or s. 944.607, or subject to a
  856  similar registration under the laws of another jurisdiction, the
  857  marking “943.0435, F.S.”
  858         Section 12. For the purpose of incorporating the amendment
  859  made by this act to section 943.0435, Florida Statutes, in a
  860  reference thereto, subsection (2) of section 394.9125, Florida
  861  Statutes, is reenacted to read:
  862         394.9125 State attorney; authority to refer a person for
  863  civil commitment.—
  864         (2) A state attorney may refer a person to the department
  865  for civil commitment proceedings if the person:
  866         (a) Is required to register as a sexual offender pursuant
  867  to s. 943.0435;
  868         (b) Has previously been convicted of a sexually violent
  869  offense as defined in s. 394.912(9)(a)-(h); and
  870         (c) Has been sentenced to a term of imprisonment in a
  871  county or municipal jail for any criminal offense.
  872         Section 13. For the purpose of incorporating the amendment
  873  made by this act to section 943.0435, Florida Statutes, in a
  874  reference thereto, paragraph (b) of subsection (10) of section
  875  397.487, Florida Statutes, is reenacted to read:
  876         397.487 Voluntary certification of recovery residences.—
  877         (10)
  878         (b) A certified recovery residence may not allow a minor
  879  child to visit a parent who is a resident of the recovery
  880  residence at any time if any resident of the recovery residence
  881  is currently required to register as a sexual predator under s.
  882  775.21 or as a sexual offender under s. 943.0435.
  883         Section 14. For the purpose of incorporating the amendment
  884  made by this act to section 943.0435, Florida Statutes, in a
  885  reference thereto, paragraph (b) of subsection (4) of section
  886  435.07, Florida Statutes, is reenacted to read:
  887         435.07 Exemptions from disqualification.—Unless otherwise
  888  provided by law, the provisions of this section apply to
  889  exemptions from disqualification for disqualifying offenses
  890  revealed pursuant to background screenings required under this
  891  chapter, regardless of whether those disqualifying offenses are
  892  listed in this chapter or other laws.
  893         (4)
  894         (b) Disqualification from employment under this chapter may
  895  not be removed from, nor may an exemption be granted to, any
  896  person who is a:
  897         1. Sexual predator as designated pursuant to s. 775.21;
  898         2. Career offender pursuant to s. 775.261; or
  899         3. Sexual offender pursuant to s. 943.0435, unless the
  900  requirement to register as a sexual offender has been removed
  901  pursuant to s. 943.04354.
  902         Section 15. For the purpose of incorporating the amendment
  903  made by this act to section 943.0435, Florida Statutes, in a
  904  reference thereto, subsection (2) of section 775.0862, Florida
  905  Statutes, is reenacted to read:
  906         775.0862 Sexual offenses against students by authority
  907  figures; reclassification.—
  908         (2) The felony degree of a violation of an offense listed
  909  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
  910  s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
  911  as provided in this section if the offense is committed by an
  912  authority figure of a school against a student of the school.
  913         Section 16. For the purpose of incorporating the amendment
  914  made by this act to section 943.0435, Florida Statutes, in a
  915  reference thereto, subsection (4) of section 775.13, Florida
  916  Statutes, is reenacted to read:
  917         775.13 Registration of convicted felons, exemptions;
  918  penalties.—
  919         (4) This section does not apply to an offender:
  920         (a) Who has had his or her civil rights restored;
  921         (b) Who has received a full pardon for the offense for
  922  which convicted;
  923         (c) Who has been lawfully released from incarceration or
  924  other sentence or supervision for a felony conviction for more
  925  than 5 years prior to such time for registration, unless the
  926  offender is a fugitive from justice on a felony charge or has
  927  been convicted of any offense since release from such
  928  incarceration or other sentence or supervision;
  929         (d) Who is a parolee or probationer under the supervision
  930  of the United States Parole Commission if the commission knows
  931  of and consents to the presence of the offender in Florida or is
  932  a probationer under the supervision of any federal probation
  933  officer in the state or who has been lawfully discharged from
  934  such parole or probation;
  935         (e) Who is a sexual predator and has registered as required
  936  under s. 775.21;
  937         (f) Who is a sexual offender and has registered as required
  938  in s. 943.0435 or s. 944.607; or
  939         (g) Who is a career offender who has registered as required
  940  in s. 775.261 or s. 944.609.
  941         Section 17. For the purpose of incorporating the amendment
  942  made by this act to section 943.0435, Florida Statutes, in
  943  references thereto, paragraph (d) of subsection (5) and
  944  paragraph (d) of subsection (10) of section 775.21, Florida
  945  Statutes, are reenacted to read:
  946         775.21 The Florida Sexual Predators Act.—
  947         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
  948  as a sexual predator as follows:
  949         (d) A person who establishes or maintains a residence in
  950  this state and who has not been designated as a sexual predator
  951  by a court of this state but who has been designated as a sexual
  952  predator, as a sexually violent predator, or by another sexual
  953  offender designation in another state or jurisdiction and was,
  954  as a result of such designation, subjected to registration or
  955  community or public notification, or both, or would be if the
  956  person was a resident of that state or jurisdiction, without
  957  regard to whether the person otherwise meets the criteria for
  958  registration as a sexual offender, shall register in the manner
  959  provided in s. 943.0435 or s. 944.607 and shall be subject to
  960  community and public notification as provided in s. 943.0435 or
  961  s. 944.607. A person who meets the criteria of this section is
  962  subject to the requirements and penalty provisions of s.
  963  943.0435 or s. 944.607 until the person provides the department
  964  with an order issued by the court that designated the person as
  965  a sexual predator, as a sexually violent predator, or by another
  966  sexual offender designation in the state or jurisdiction in
  967  which the order was issued which states that such designation
  968  has been removed or demonstrates to the department that such
  969  designation, if not imposed by a court, has been removed by
  970  operation of law or court order in the state or jurisdiction in
  971  which the designation was made, and provided such person no
  972  longer meets the criteria for registration as a sexual offender
  973  under the laws of this state.
  974         (10) PENALTIES.—
  975         (d) Any person who misuses public records information
  976  relating to a sexual predator, as defined in this section, or a
  977  sexual offender, as defined in s. 943.0435 or s. 944.607, to
  978  secure a payment from such a predator or offender; who knowingly
  979  distributes or publishes false information relating to such a
  980  predator or offender which the person misrepresents as being
  981  public records information; or who materially alters public
  982  records information with the intent to misrepresent the
  983  information, including documents, summaries of public records
  984  information provided by law enforcement agencies, or public
  985  records information displayed by law enforcement agencies on
  986  websites or provided through other means of communication,
  987  commits a misdemeanor of the first degree, punishable as
  988  provided in s. 775.082 or s. 775.083.
  989         Section 18. For the purpose of incorporating the amendment
  990  made by this act to section 943.0435, Florida Statutes, in a
  991  reference thereto, subsection (2) of section 775.24, Florida
  992  Statutes, is reenacted to read:
  993         775.24 Duty of the court to uphold laws governing sexual
  994  predators and sexual offenders.—
  995         (2) If a person meets the criteria in this chapter for
  996  designation as a sexual predator or meets the criteria in s.
  997  943.0435, s. 944.606, s. 944.607, or any other law for
  998  classification as a sexual offender, the court may not enter an
  999  order, for the purpose of approving a plea agreement or for any
 1000  other reason, which:
 1001         (a) Exempts a person who meets the criteria for designation
 1002  as a sexual predator or classification as a sexual offender from
 1003  such designation or classification, or exempts such person from
 1004  the requirements for registration or community and public
 1005  notification imposed upon sexual predators and sexual offenders;
 1006         (b) Restricts the compiling, reporting, or release of
 1007  public records information that relates to sexual predators or
 1008  sexual offenders; or
 1009         (c) Prevents any person or entity from performing its
 1010  duties or operating within its statutorily conferred authority
 1011  as such duty or authority relates to sexual predators or sexual
 1012  offenders.
 1013         Section 19. For the purpose of incorporating the amendment
 1014  made by this act to section 943.0435, Florida Statutes, in a
 1015  reference thereto, paragraph (b) of subsection (3) of section
 1016  775.261, Florida Statutes, is reenacted to read:
 1017         775.261 The Florida Career Offender Registration Act.—
 1018         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
 1019         (b) This section does not apply to any person who has been
 1020  designated as a sexual predator and required to register under
 1021  s. 775.21 or who is required to register as a sexual offender
 1022  under s. 943.0435 or s. 944.607. However, if a person is no
 1023  longer required to register as a sexual predator under s. 775.21
 1024  or as a sexual offender under s. 943.0435 or s. 944.607, the
 1025  person must register as a career offender under this section if
 1026  the person is otherwise designated as a career offender as
 1027  provided in this section.
 1028         Section 20. For the purpose of incorporating the amendment
 1029  made by this act to section 943.0435, Florida Statutes, in a
 1030  reference thereto, paragraph (cc) of subsection (2) of section
 1031  900.05, Florida Statutes, is reenacted to read:
 1032         900.05 Criminal justice data collection.—
 1033         (2) DEFINITIONS.—As used in this section, the term:
 1034         (cc) “Sexual offender flag” means an indication that a
 1035  defendant was required to register as a sexual predator as
 1036  defined in s. 775.21 or as a sexual offender as defined in s.
 1037  943.0435.
 1038         Section 21. For the purpose of incorporating the amendment
 1039  made by this act to section 943.0435, Florida Statutes, in a
 1040  reference thereto, paragraph (m) of subsection (2) of section
 1041  903.046, Florida Statutes, is reenacted to read:
 1042         903.046 Purpose of and criteria for bail determination.—
 1043         (2) When determining whether to release a defendant on bail
 1044  or other conditions, and what that bail or those conditions may
 1045  be, the court shall consider:
 1046         (m) Whether the defendant, other than a defendant whose
 1047  only criminal charge is a misdemeanor offense under chapter 316,
 1048  is required to register as a sexual offender under s. 943.0435
 1049  or a sexual predator under s. 775.21; and, if so, he or she is
 1050  not eligible for release on bail or surety bond until the first
 1051  appearance on the case in order to ensure the full participation
 1052  of the prosecutor and the protection of the public.
 1053         Section 22. For the purpose of incorporating the amendment
 1054  made by this act to section 943.0435, Florida Statutes, in a
 1055  reference thereto, section 903.133, Florida Statutes, is
 1056  reenacted to read:
 1057         903.133 Bail on appeal; prohibited for certain felony
 1058  convictions.—Notwithstanding s. 903.132, no person shall be
 1059  admitted to bail pending review either by posttrial motion or
 1060  appeal if he or she was adjudged guilty of:
 1061         (1) A felony of the first degree for a violation of s.
 1062  782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s.
 1063  893.13, or s. 893.135;
 1064         (2) A violation of s. 794.011(2) or (3); or
 1065         (3) Any other offense requiring sexual offender
 1066  registration under s. 943.0435(1)(h) or sexual predator
 1067  registration under s. 775.21(4) when, at the time of the
 1068  offense, the offender was 18 years of age or older and the
 1069  victim was a minor.
 1070         Section 23. For the purpose of incorporating the amendment
 1071  made by this act to section 943.0435, Florida Statutes, in a
 1072  reference thereto, paragraph (b) of subsection (4) of section
 1073  907.043, Florida Statutes, is reenacted to read:
 1074         907.043 Pretrial release; citizens’ right to know.—
 1075         (4)
 1076         (b) The annual report must contain, but need not be limited
 1077  to:
 1078         1. The name, location, and funding sources of the pretrial
 1079  release program, including the amount of public funds, if any,
 1080  received by the pretrial release program.
 1081         2. The operating and capital budget of each pretrial
 1082  release program receiving public funds.
 1083         3.a. The percentage of the pretrial release program’s total
 1084  budget representing receipt of public funds.
 1085         b. The percentage of the total budget which is allocated to
 1086  assisting defendants obtain release through a nonpublicly funded
 1087  program.
 1088         c. The amount of fees paid by defendants to the pretrial
 1089  release program.
 1090         4. The number of persons employed by the pretrial release
 1091  program.
 1092         5. The number of defendants assessed and interviewed for
 1093  pretrial release.
 1094         6. The number of defendants recommended for pretrial
 1095  release.
 1096         7. The number of defendants for whom the pretrial release
 1097  program recommended against nonsecured release.
 1098         8. The number of defendants granted nonsecured release
 1099  after the pretrial release program recommended nonsecured
 1100  release.
 1101         9. The number of defendants assessed and interviewed for
 1102  pretrial release who were declared indigent by the court.
 1103         10. The number of defendants accepted into a pretrial
 1104  release program who paid a surety or cash bail or bond.
 1105         11. The number of defendants for whom a risk assessment
 1106  tool was used in determining whether the defendant should be
 1107  released pending the disposition of the case and the number of
 1108  defendants for whom a risk assessment tool was not used.
 1109         12. The specific statutory citation for each criminal
 1110  charge related to a defendant whose case is accepted into a
 1111  pretrial release program, including, at a minimum, the number of
 1112  defendants charged with dangerous crimes as defined in s.
 1113  907.041; nonviolent felonies; or misdemeanors only. A
 1114  “nonviolent felony” for purposes of this subparagraph excludes
 1115  the commission of, an attempt to commit, or a conspiracy to
 1116  commit any of the following:
 1117         a. An offense enumerated in s. 775.084(1)(c);
 1118         b. An offense that requires a person to register as a
 1119  sexual predator in accordance with s. 775.21 or as a sexual
 1120  offender in accordance with s. 943.0435;
 1121         c. Failure to register as a sexual predator in violation of
 1122  s. 775.21 or as a sexual offender in violation of s. 943.0435;
 1123         d. Facilitating or furthering terrorism in violation of s.
 1124  775.31;
 1125         e. A forcible felony as described in s. 776.08;
 1126         f. False imprisonment in violation of s. 787.02;
 1127         g. Burglary of a dwelling or residence in violation of s.
 1128  810.02(3);
 1129         h. Abuse, aggravated abuse, and neglect of an elderly
 1130  person or disabled adult in violation of s. 825.102;
 1131         i. Abuse, aggravated abuse, and neglect of a child in
 1132  violation of s. 827.03;
 1133         j. Poisoning of food or water in violation of s. 859.01;
 1134         k. Abuse of a dead human body in violation of s. 872.06;
 1135         l. A capital offense in violation of chapter 893;
 1136         m. An offense that results in serious bodily injury or
 1137  death to another human; or
 1138         n. A felony offense in which the defendant used a weapon or
 1139  firearm in the commission of the offense.
 1140         13. The number of defendants accepted into a pretrial
 1141  release program with no prior criminal conviction.
 1142         14. The name and case number of each person granted
 1143  nonsecured release who:
 1144         a. Failed to attend a scheduled court appearance.
 1145         b. Was issued a warrant for failing to appear.
 1146         c. Was arrested for any offense while on release through
 1147  the pretrial release program.
 1148         15. Any additional information deemed necessary by the
 1149  governing body to assess the performance and cost efficiency of
 1150  the pretrial release program.
 1151         Section 24. For the purpose of incorporating the amendment
 1152  made by this act to section 943.0435, Florida Statutes, in a
 1153  reference thereto, subsection (2) of section 943.0436, Florida
 1154  Statutes, is reenacted to read:
 1155         943.0436 Duty of the court to uphold laws governing sexual
 1156  predators and sexual offenders.—
 1157         (2) If a person meets the criteria in chapter 775 for
 1158  designation as a sexual predator or meets the criteria in s.
 1159  943.0435, s. 944.606, s. 944.607, or any other law for
 1160  classification as a sexual offender, the court may not enter an
 1161  order, for the purpose of approving a plea agreement or for any
 1162  other reason, which:
 1163         (a) Exempts a person who meets the criteria for designation
 1164  as a sexual predator or classification as a sexual offender from
 1165  such designation or classification, or exempts such person from
 1166  the requirements for registration or community and public
 1167  notification imposed upon sexual predators and sexual offenders;
 1168         (b) Restricts the compiling, reporting, or release of
 1169  public records information that relates to sexual predators or
 1170  sexual offenders; or
 1171         (c) Prevents any person or entity from performing its
 1172  duties or operating within its statutorily conferred authority
 1173  as such duty or authority relates to sexual predators or sexual
 1174  offenders.
 1175         Section 25. For the purpose of incorporating the amendment
 1176  made by this act to section 943.0435, Florida Statutes, in a
 1177  reference thereto, subsection (2) of section 943.0584, Florida
 1178  Statutes, is reenacted to read:
 1179         943.0584 Criminal history records ineligible for court
 1180  ordered expunction or court-ordered sealing.—
 1181         (2) A criminal history record is ineligible for a
 1182  certificate of eligibility for expunction or a court-ordered
 1183  expunction pursuant to s. 943.0585 or a certificate of
 1184  eligibility for sealing or a court-ordered sealing pursuant to
 1185  s. 943.059 if the record is a conviction for any of the
 1186  following offenses:
 1187         (a) Sexual misconduct, as defined in s. 393.135, s.
 1188  394.4593, or s. 916.1075;
 1189         (b) Illegal use of explosives, as defined in chapter 552;
 1190         (c) Terrorism, as defined in s. 775.30;
 1191         (d) Murder, as defined in s. 782.04, s. 782.065, or s.
 1192  782.09;
 1193         (e) Manslaughter or homicide, as defined in s. 782.07, s.
 1194  782.071, or s. 782.072;
 1195         (f) Assault or battery, as defined in ss. 784.011 and
 1196  784.03, respectively, of one family or household member by
 1197  another family or household member, as defined in s. 741.28(3);
 1198         (g) Aggravated assault, as defined in s. 784.021;
 1199         (h) Felony battery, domestic battery by strangulation, or
 1200  aggravated battery, as defined in ss. 784.03, 784.041, and
 1201  784.045, respectively;
 1202         (i) Stalking or aggravated stalking, as defined in s.
 1203  784.048;
 1204         (j) Luring or enticing a child, as defined in s. 787.025;
 1205         (k) Human trafficking, as defined in s. 787.06;
 1206         (l) Kidnapping or false imprisonment, as defined in s.
 1207  787.01 or s. 787.02;
 1208         (m) Any offense defined in chapter 794;
 1209         (n) Procuring a person less than 18 years of age for
 1210  prostitution, as defined in former s. 796.03;
 1211         (o) Lewd or lascivious offenses committed upon or in the
 1212  presence of persons less than 16 years of age, as defined in s.
 1213  800.04;
 1214         (p) Arson, as defined in s. 806.01;
 1215         (q) Burglary of a dwelling, as defined in s. 810.02;
 1216         (r) Voyeurism or video voyeurism, as defined in ss. 810.14
 1217  and 810.145, respectively;
 1218         (s) Robbery or robbery by sudden snatching, as defined in
 1219  ss. 812.13 and 812.131, respectively;
 1220         (t) Carjacking, as defined in s. 812.133;
 1221         (u) Home-invasion robbery, as defined in s. 812.135;
 1222         (v) A violation of the Florida Communications Fraud Act, as
 1223  provided in s. 817.034;
 1224         (w) Abuse of an elderly person or disabled adult, or
 1225  aggravated abuse of an elderly person or disabled adult, as
 1226  defined in s. 825.102;
 1227         (x) Lewd or lascivious offenses committed upon or in the
 1228  presence of an elderly person or disabled person, as defined in
 1229  s. 825.1025;
 1230         (y) Child abuse or aggravated child abuse, as defined in s.
 1231  827.03;
 1232         (z) Sexual performance by a child, as defined in s.
 1233  827.071;
 1234         (aa) Any offense defined in chapter 839;
 1235         (bb) Certain acts in connection with obscenity, as defined
 1236  in s. 847.0133;
 1237         (cc) Any offense defined in s. 847.0135;
 1238         (dd) Selling or buying of minors, as defined in s.
 1239  847.0145;
 1240         (ee) Aircraft piracy, as defined in s. 860.16;
 1241         (ff) Manufacturing a controlled substance in violation of
 1242  chapter 893;
 1243         (gg) Drug trafficking, as defined in s. 893.135; or
 1244         (hh) Any violation specified as a predicate offense for
 1245  registration as a sexual predator pursuant to s. 775.21, or
 1246  sexual offender pursuant to s. 943.0435, without regard to
 1247  whether that offense alone is sufficient to require such
 1248  registration.
 1249         Section 26. For the purpose of incorporating the amendment
 1250  made by this act to section 943.0435, Florida Statutes, in
 1251  references thereto, paragraph (a) of subsection (4) and
 1252  paragraph (c) of subsection (10) of section 944.607, Florida
 1253  Statutes, are reenacted to read:
 1254         944.607 Notification to Department of Law Enforcement of
 1255  information on sexual offenders.—
 1256         (4) A sexual offender, as described in this section, who is
 1257  under the supervision of the Department of Corrections but is
 1258  not incarcerated shall register with the Department of
 1259  Corrections within 3 business days after sentencing for a
 1260  registrable offense and otherwise provide information as
 1261  required by this subsection.
 1262         (a) The sexual offender shall provide his or her name; date
 1263  of birth; social security number; race; sex; height; weight;
 1264  hair and eye color; tattoos or other identifying marks; all
 1265  electronic mail addresses and Internet identifiers required to
 1266  be provided pursuant to s. 943.0435(4)(e); employment
 1267  information required to be provided pursuant to s.
 1268  943.0435(4)(e); all home telephone numbers and cellular
 1269  telephone numbers required to be provided pursuant to s.
 1270  943.0435(4)(e); the make, model, color, vehicle identification
 1271  number (VIN), and license tag number of all vehicles owned;
 1272  permanent or legal residence and address of temporary residence
 1273  within the state or out of state while the sexual offender is
 1274  under supervision in this state, including any rural route
 1275  address or post office box; if no permanent or temporary
 1276  address, any transient residence within the state; and address,
 1277  location or description, and dates of any current or known
 1278  future temporary residence within the state or out of state. The
 1279  sexual offender shall also produce his or her passport, if he or
 1280  she has a passport, and, if he or she is an alien, shall produce
 1281  or provide information about documents establishing his or her
 1282  immigration status. The sexual offender shall also provide
 1283  information about any professional licenses he or she has. The
 1284  Department of Corrections shall verify the address of each
 1285  sexual offender in the manner described in ss. 775.21 and
 1286  943.0435. The department shall report to the Department of Law
 1287  Enforcement any failure by a sexual predator or sexual offender
 1288  to comply with registration requirements.
 1289         (10)
 1290         (c) An arrest on charges of failure to register when the
 1291  offender has been provided and advised of his or her statutory
 1292  obligations to register under s. 943.0435(2), the service of an
 1293  information or a complaint for a violation of this section, or
 1294  an arraignment on charges for a violation of this section
 1295  constitutes actual notice of the duty to register. A sexual
 1296  offender’s failure to immediately register as required by this
 1297  section following such arrest, service, or arraignment
 1298  constitutes grounds for a subsequent charge of failure to
 1299  register. A sexual offender charged with the crime of failure to
 1300  register who asserts, or intends to assert, a lack of notice of
 1301  the duty to register as a defense to a charge of failure to
 1302  register shall immediately register as required by this section.
 1303  A sexual offender who is charged with a subsequent failure to
 1304  register may not assert the defense of a lack of notice of the
 1305  duty to register.
 1306         Section 27. For the purpose of incorporating the amendment
 1307  made by this act to section 943.0435, Florida Statutes, in a
 1308  reference thereto, subsection (4) of section 948.06, Florida
 1309  Statutes, is reenacted to read:
 1310         948.06 Violation of probation or community control;
 1311  revocation; modification; continuance; failure to pay
 1312  restitution or cost of supervision.—
 1313         (4) Notwithstanding any other provision of this section, a
 1314  felony probationer or an offender in community control who is
 1315  arrested for violating his or her probation or community control
 1316  in a material respect may be taken before the court in the
 1317  county or circuit in which the probationer or offender was
 1318  arrested. That court shall advise him or her of the charge of a
 1319  violation and, if such charge is admitted, shall cause him or
 1320  her to be brought before the court that granted the probation or
 1321  community control. If the violation is not admitted by the
 1322  probationer or offender, the court may commit him or her or
 1323  release him or her with or without bail to await further
 1324  hearing. However, if the probationer or offender is under
 1325  supervision for any criminal offense proscribed in chapter 794,
 1326  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
 1327  registered sexual predator or a registered sexual offender, or
 1328  is under supervision for a criminal offense for which he or she
 1329  would meet the registration criteria in s. 775.21, s. 943.0435,
 1330  or s. 944.607 but for the effective date of those sections, the
 1331  court must make a finding that the probationer or offender is
 1332  not a danger to the public prior to release with or without
 1333  bail. In determining the danger posed by the offender’s or
 1334  probationer’s release, the court may consider the nature and
 1335  circumstances of the violation and any new offenses charged; the
 1336  offender’s or probationer’s past and present conduct, including
 1337  convictions of crimes; any record of arrests without conviction
 1338  for crimes involving violence or sexual crimes; any other
 1339  evidence of allegations of unlawful sexual conduct or the use of
 1340  violence by the offender or probationer; the offender’s or
 1341  probationer’s family ties, length of residence in the community,
 1342  employment history, and mental condition; his or her history and
 1343  conduct during the probation or community control supervision
 1344  from which the violation arises and any other previous
 1345  supervisions, including disciplinary records of previous
 1346  incarcerations; the likelihood that the offender or probationer
 1347  will engage again in a criminal course of conduct; the weight of
 1348  the evidence against the offender or probationer; and any other
 1349  facts the court considers relevant. The court, as soon as is
 1350  practicable, shall give the probationer or offender an
 1351  opportunity to be fully heard on his or her behalf in person or
 1352  by counsel. After the hearing, the court shall make findings of
 1353  fact and forward the findings to the court that granted the
 1354  probation or community control and to the probationer or
 1355  offender or his or her attorney. The findings of fact by the
 1356  hearing court are binding on the court that granted the
 1357  probation or community control. Upon the probationer or offender
 1358  being brought before it, the court that granted the probation or
 1359  community control may revoke, modify, or continue the probation
 1360  or community control or may place the probationer into community
 1361  control as provided in this section. However, the probationer or
 1362  offender shall not be released and shall not be admitted to
 1363  bail, but shall be brought before the court that granted the
 1364  probation or community control if any violation of felony
 1365  probation or community control other than a failure to pay costs
 1366  or fines or make restitution payments is alleged to have been
 1367  committed by:
 1368         (a) A violent felony offender of special concern, as
 1369  defined in this section;
 1370         (b) A person who is on felony probation or community
 1371  control for any offense committed on or after the effective date
 1372  of this act and who is arrested for a qualifying offense as
 1373  defined in this section; or
 1374         (c) A person who is on felony probation or community
 1375  control and has previously been found by a court to be a
 1376  habitual violent felony offender as defined in s. 775.084(1)(b),
 1377  a three-time violent felony offender as defined in s.
 1378  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 1379  arrested for committing a qualifying offense as defined in this
 1380  section on or after the effective date of this act.
 1381         Section 28. For the purpose of incorporating the amendment
 1382  made by this act to section 943.0435, Florida Statutes, in a
 1383  reference thereto, section 948.063, Florida Statutes, is
 1384  reenacted to read:
 1385         948.063 Violations of probation or community control by
 1386  designated sexual offenders and sexual predators.—
 1387         (1) If probation or community control for any felony
 1388  offense is revoked by the court pursuant to s. 948.06(2)(e) and
 1389  the offender is designated as a sexual offender pursuant to s.
 1390  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
 1391  775.21 for unlawful sexual activity involving a victim 15 years
 1392  of age or younger and the offender is 18 years of age or older,
 1393  and if the court imposes a subsequent term of supervision
 1394  following the revocation of probation or community control, the
 1395  court must order electronic monitoring as a condition of the
 1396  subsequent term of probation or community control.
 1397         (2) If the probationer or offender is required to register
 1398  as a sexual predator under s. 775.21 or as a sexual offender
 1399  under s. 943.0435 or s. 944.607 for unlawful sexual activity
 1400  involving a victim 15 years of age or younger and the
 1401  probationer or offender is 18 years of age or older and has
 1402  violated the conditions of his or her probation or community
 1403  control, but the court does not revoke the probation or
 1404  community control, the court shall nevertheless modify the
 1405  probation or community control to include electronic monitoring
 1406  for any probationer or offender not then subject to electronic
 1407  monitoring.
 1408         Section 29. For the purpose of incorporating the amendment
 1409  made by this act to section 943.0435, Florida Statutes, in a
 1410  reference thereto, section 948.31, Florida Statutes, is
 1411  reenacted to read:
 1412         948.31 Evaluation and treatment of sexual predators and
 1413  offenders on probation or community control.—The court may
 1414  require any probationer or community controllee who is required
 1415  to register as a sexual predator under s. 775.21 or sexual
 1416  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 1417  an evaluation, at the probationer or community controllee’s
 1418  expense, by a qualified practitioner to determine whether such
 1419  probationer or community controllee needs sexual offender
 1420  treatment. If the qualified practitioner determines that sexual
 1421  offender treatment is needed and recommends treatment, the
 1422  probationer or community controllee must successfully complete
 1423  and pay for the treatment. Such treatment must be obtained from
 1424  a qualified practitioner as defined in s. 948.001. Treatment may
 1425  not be administered by a qualified practitioner who has been
 1426  convicted or adjudicated delinquent of committing, or
 1427  attempting, soliciting, or conspiring to commit, any offense
 1428  that is listed in s. 943.0435(1)(h)1.a.(I).
 1429         Section 30. For the purpose of incorporating the amendment
 1430  made by this act to section 943.0435, Florida Statutes, in
 1431  references thereto, subsection (9) and paragraph (c) of
 1432  subsection (10) of section 985.4815, Florida Statutes, are
 1433  reenacted to read:
 1434         985.4815 Notification to Department of Law Enforcement of
 1435  information on juvenile sexual offenders.—
 1436         (9) A sexual offender, as described in this section, who is
 1437  under the care, jurisdiction, or supervision of the department
 1438  but who is not incarcerated shall, in addition to the
 1439  registration requirements provided in subsection (4), register
 1440  in the manner provided in s. 943.0435(3), (4), and (5), unless
 1441  the sexual offender is a sexual predator, in which case he or
 1442  she shall register as required under s. 775.21. A sexual
 1443  offender who fails to comply with the requirements of s.
 1444  943.0435 is subject to the penalties provided in s. 943.0435(9).
 1445         (10)
 1446         (c) An arrest on charges of failure to register when the
 1447  offender has been provided and advised of his or her statutory
 1448  obligations to register under s. 943.0435(2), the service of an
 1449  information or a complaint for a violation of this section, or
 1450  an arraignment on charges for a violation of this section
 1451  constitutes actual notice of the duty to register. A sexual
 1452  offender’s failure to immediately register as required by this
 1453  section following such arrest, service, or arraignment
 1454  constitutes grounds for a subsequent charge of failure to
 1455  register. A sexual offender charged with the crime of failure to
 1456  register who asserts, or intends to assert, a lack of notice of
 1457  the duty to register as a defense to a charge of failure to
 1458  register shall immediately register as required by this section.
 1459  A sexual offender who is charged with a subsequent failure to
 1460  register may not assert the defense of a lack of notice of the
 1461  duty to register.
 1462         Section 31. For the purpose of incorporating the amendment
 1463  made by this act to section 943.0435, Florida Statutes, in a
 1464  reference thereto, paragraph (g) of subsection (2) of section
 1465  1012.467, Florida Statutes, is reenacted to read:
 1466         1012.467 Noninstructional contractors who are permitted
 1467  access to school grounds when students are present; background
 1468  screening requirements.—
 1469         (2)
 1470         (g) A noninstructional contractor for whom a criminal
 1471  history check is required under this section may not have been
 1472  convicted of any of the following offenses designated in the
 1473  Florida Statutes, any similar offense in another jurisdiction,
 1474  or any similar offense committed in this state which has been
 1475  redesignated from a former provision of the Florida Statutes to
 1476  one of the following offenses:
 1477         1. Any offense listed in s. 943.0435(1)(h)1., relating to
 1478  the registration of an individual as a sexual offender.
 1479         2. Section 393.135, relating to sexual misconduct with
 1480  certain developmentally disabled clients and the reporting of
 1481  such sexual misconduct.
 1482         3. Section 394.4593, relating to sexual misconduct with
 1483  certain mental health patients and the reporting of such sexual
 1484  misconduct.
 1485         4. Section 775.30, relating to terrorism.
 1486         5. Section 782.04, relating to murder.
 1487         6. Section 787.01, relating to kidnapping.
 1488         7. Any offense under chapter 800, relating to lewdness and
 1489  indecent exposure.
 1490         8. Section 826.04, relating to incest.
 1491         9. Section 827.03, relating to child abuse, aggravated
 1492  child abuse, or neglect of a child.
 1493         Section 32. For the purpose of incorporating the amendments
 1494  made by this act to sections 775.21 and 943.0435, Florida
 1495  Statutes, in references thereto, subsection (6) of section
 1496  68.07, Florida Statutes, is reenacted to read:
 1497         68.07 Change of name.—
 1498         (6) The clerk of the court must, within 5 business days
 1499  after the filing of the final judgment, send a report of the
 1500  judgment to the Department of Law Enforcement on a form to be
 1501  furnished by that department. If the petitioner is required to
 1502  register as a sexual predator or a sexual offender pursuant to
 1503  s. 775.21 or s. 943.0435, the clerk of court shall
 1504  electronically notify the Department of Law Enforcement of the
 1505  name change, in a manner prescribed by that department, within 2
 1506  business days after the filing of the final judgment. The
 1507  Department of Law Enforcement must send a copy of the report to
 1508  the Department of Highway Safety and Motor Vehicles, which may
 1509  be delivered by electronic transmission. The report must contain
 1510  sufficient information to identify the petitioner, including the
 1511  results of the criminal history records check if applicable, the
 1512  new name of the petitioner, and the file number of the judgment.
 1513  The Department of Highway Safety and Motor Vehicles shall
 1514  monitor the records of any sexual predator or sexual offender
 1515  whose name has been provided to it by the Department of Law
 1516  Enforcement. If the sexual predator or sexual offender does not
 1517  obtain a replacement driver license or identification card
 1518  within the required time as specified in s. 775.21 or s.
 1519  943.0435, the Department of Highway Safety and Motor Vehicles
 1520  shall notify the Department of Law Enforcement. The Department
 1521  of Law Enforcement shall notify applicable law enforcement
 1522  agencies of the predator’s or offender’s failure to comply with
 1523  registration requirements. Any information retained by the
 1524  Department of Law Enforcement and the Department of Highway
 1525  Safety and Motor Vehicles may be revised or supplemented by said
 1526  departments to reflect changes made by the final judgment. With
 1527  respect to a person convicted of a felony in another state or of
 1528  a federal offense, the Department of Law Enforcement must send
 1529  the report to the respective state’s office of law enforcement
 1530  records or to the office of the Federal Bureau of Investigation.
 1531  The Department of Law Enforcement may forward the report to any
 1532  other law enforcement agency it believes may retain information
 1533  related to the petitioner.
 1534         Section 33. For the purpose of incorporating the amendments
 1535  made by this act to sections 775.21 and 943.0435, Florida
 1536  Statutes, in references thereto, subsection (4) of section
 1537  320.02, Florida Statutes, is reenacted to read:
 1538         320.02 Registration required; application for registration;
 1539  forms.—
 1540         (4) Except as provided in ss. 775.21, 775.261, 943.0435,
 1541  944.607, and 985.4815, the owner of any motor vehicle registered
 1542  in the state shall notify the department in writing of any
 1543  change of address within 30 days of such change. The
 1544  notification shall include the registration license plate
 1545  number, the vehicle identification number (VIN) or title
 1546  certificate number, year of vehicle make, and the owner’s full
 1547  name.
 1548         Section 34. For the purpose of incorporating the amendments
 1549  made by this act to sections 775.21 and 943.0435, Florida
 1550  Statutes, in references thereto, subsections (1) and (2) of
 1551  section 322.19, Florida Statutes, are reenacted to read:
 1552         322.19 Change of address or name.—
 1553         (1) Except as provided in ss. 775.21, 775.261, 943.0435,
 1554  944.607, and 985.4815, whenever any person, after applying for
 1555  or receiving a driver license or identification card, changes
 1556  his or her legal name, that person must within 30 days
 1557  thereafter obtain a replacement license or card that reflects
 1558  the change.
 1559         (2) If a person, after applying for or receiving a driver
 1560  license or identification card, changes the legal residence or
 1561  mailing address in the application, license, or card, the person
 1562  must, within 30 calendar days after making the change, obtain a
 1563  replacement license or card that reflects the change. A written
 1564  request to the department must include the old and new addresses
 1565  and the driver license or identification card number. Any person
 1566  who has a valid, current student identification card issued by
 1567  an educational institution in this state is presumed not to have
 1568  changed his or her legal residence or mailing address. This
 1569  subsection does not affect any person required to register a
 1570  permanent or temporary address change pursuant to s. 775.13, s.
 1571  775.21, s. 775.25, or s. 943.0435.
 1572         Section 35. For the purpose of incorporating the amendments
 1573  made by this act to section 775.21 and 943.0435, Florida
 1574  Statutes, in references thereto, section 775.25, Florida
 1575  Statutes, is reenacted to read:
 1576         775.25 Prosecutions for acts or omissions.—A sexual
 1577  predator or sexual offender who commits any act or omission in
 1578  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 1579  944.607, or former s. 947.177 may be prosecuted for the act or
 1580  omission in the county in which the act or omission was
 1581  committed, in the county of the last registered address of the
 1582  sexual predator or sexual offender, in the county in which the
 1583  conviction occurred for the offense or offenses that meet the
 1584  criteria for designating a person as a sexual predator or sexual
 1585  offender, in the county where the sexual predator or sexual
 1586  offender was released from incarceration, or in the county of
 1587  the intended address of the sexual predator or sexual offender
 1588  as reported by the predator or offender prior to his or her
 1589  release from incarceration. In addition, a sexual predator may
 1590  be prosecuted for any such act or omission in the county in
 1591  which he or she was designated a sexual predator.
 1592         Section 36. For the purpose of incorporating the amendments
 1593  made by this act to section 775.21 and 943.0435, Florida
 1594  Statutes, in references thereto, subsection (1) of section
 1595  794.056, Florida Statutes, is reenacted to read:
 1596         794.056 Rape Crisis Program Trust Fund.—
 1597         (1) The Rape Crisis Program Trust Fund is created within
 1598  the Department of Health for the purpose of providing funds for
 1599  rape crisis centers in this state. Trust fund moneys shall be
 1600  used exclusively for the purpose of providing services for
 1601  victims of sexual assault. Funds credited to the trust fund
 1602  consist of those funds collected as an additional court
 1603  assessment in each case in which a defendant pleads guilty or
 1604  nolo contendere to, or is found guilty of, regardless of
 1605  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 1606  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 1607  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 1608  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 1609  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 1610  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 1611  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 1612  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 1613  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 1614  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 1615  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 1616  fund also shall include revenues provided by law, moneys
 1617  appropriated by the Legislature, and grants from public or
 1618  private entities.
 1619         Section 37. For the purpose of incorporating the amendments
 1620  made by this act to sections 775.21 and 943.0435, Florida
 1621  Statutes, in references thereto, section 938.085, Florida
 1622  Statutes, is reenacted to read:
 1623         938.085 Additional cost to fund rape crisis centers.—In
 1624  addition to any sanction imposed when a person pleads guilty or
 1625  nolo contendere to, or is found guilty of, regardless of
 1626  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1627  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1628  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1629  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1630  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 1631  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 1632  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 1633  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 1634  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 1635  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 1636  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 1637  $151. Payment of the surcharge shall be a condition of
 1638  probation, community control, or any other court-ordered
 1639  supervision. The sum of $150 of the surcharge shall be deposited
 1640  into the Rape Crisis Program Trust Fund established within the
 1641  Department of Health by chapter 2003-140, Laws of Florida. The
 1642  clerk of the court shall retain $1 of each surcharge that the
 1643  clerk of the court collects as a service charge of the clerk’s
 1644  office.
 1645         Section 38. For the purpose of incorporating the amendments
 1646  made by this act to sections 775.21 and 943.0435, Florida
 1647  Statutes, in references thereto, subsection (1) of section
 1648  938.10, Florida Statutes, is reenacted to read:
 1649         938.10 Additional court cost imposed in cases of certain
 1650  crimes.—
 1651         (1) If a person pleads guilty or nolo contendere to, or is
 1652  found guilty of, regardless of adjudication, any offense against
 1653  a minor in violation of s. 784.085, chapter 787, chapter 794,
 1654  former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
 1655  847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
 1656  s. 893.147(3), or s. 985.701, or any offense in violation of s.
 1657  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
 1658  court shall impose a court cost of $151 against the offender in
 1659  addition to any other cost or penalty required by law.
 1660         Section 39. For the purpose of incorporating the amendments
 1661  made by this act to sections 775.21 and 943.0435, Florida
 1662  Statutes, in references thereto, paragraph (a) of subsection (4)
 1663  and subsection (9) of section 944.607, Florida Statutes, are
 1664  reenacted to read:
 1665         944.607 Notification to Department of Law Enforcement of
 1666  information on sexual offenders.—
 1667         (4) A sexual offender, as described in this section, who is
 1668  under the supervision of the Department of Corrections but is
 1669  not incarcerated shall register with the Department of
 1670  Corrections within 3 business days after sentencing for a
 1671  registrable offense and otherwise provide information as
 1672  required by this subsection.
 1673         (a) The sexual offender shall provide his or her name; date
 1674  of birth; social security number; race; sex; height; weight;
 1675  hair and eye color; tattoos or other identifying marks; all
 1676  electronic mail addresses and Internet identifiers required to
 1677  be provided pursuant to s. 943.0435(4)(e); employment
 1678  information required to be provided pursuant to s.
 1679  943.0435(4)(e); all home telephone numbers and cellular
 1680  telephone numbers required to be provided pursuant to s.
 1681  943.0435(4)(e); the make, model, color, vehicle identification
 1682  number (VIN), and license tag number of all vehicles owned;
 1683  permanent or legal residence and address of temporary residence
 1684  within the state or out of state while the sexual offender is
 1685  under supervision in this state, including any rural route
 1686  address or post office box; if no permanent or temporary
 1687  address, any transient residence within the state; and address,
 1688  location or description, and dates of any current or known
 1689  future temporary residence within the state or out of state. The
 1690  sexual offender shall also produce his or her passport, if he or
 1691  she has a passport, and, if he or she is an alien, shall produce
 1692  or provide information about documents establishing his or her
 1693  immigration status. The sexual offender shall also provide
 1694  information about any professional licenses he or she has. The
 1695  Department of Corrections shall verify the address of each
 1696  sexual offender in the manner described in ss. 775.21 and
 1697  943.0435. The department shall report to the Department of Law
 1698  Enforcement any failure by a sexual predator or sexual offender
 1699  to comply with registration requirements.
 1700         (9) A sexual offender, as described in this section, who is
 1701  under the supervision of the Department of Corrections but who
 1702  is not incarcerated shall, in addition to the registration
 1703  requirements provided in subsection (4), register and obtain a
 1704  distinctive driver license or identification card in the manner
 1705  provided in s. 943.0435(3), (4), and (5), unless the sexual
 1706  offender is a sexual predator, in which case he or she shall
 1707  register and obtain a distinctive driver license or
 1708  identification card as required under s. 775.21. A sexual
 1709  offender who fails to comply with the requirements of s.
 1710  943.0435 is subject to the penalties provided in s. 943.0435(9).
 1711         Section 40. For the purpose of incorporating the amendments
 1712  made by this act to sections 775.21 and 943.0435, Florida
 1713  Statutes, in references thereto, paragraph (b) of subsection (6)
 1714  of section 985.04, Florida Statutes, is reenacted to read:
 1715         985.04 Oaths; records; confidential information.—
 1716         (6)
 1717         (b) Sexual offender and predator registration information
 1718  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 1719  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 1720  otherwise provided by law.
 1721         Section 41. This act shall take effect October 1, 2021.