Florida Senate - 2021                       CS for CS for SB 234
       
       
        
       By the Committees on Rules; and Criminal Justice; and Senators
       Book and Bradley
       
       
       
       
       595-02411-21                                           2021234c2
    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; providing
   18         legislative findings and intent regarding the
   19         construction of a provision in the definition of the
   20         term “sexual offender” relating to release from
   21         sanction; amending s. 943.0435, F.S.; redefining the
   22         term “sexual offender” to clarify a provision related
   23         to release from sanction; authorizing reporting of
   24         certain registration information through the
   25         Department of Law Enforcement’s online system;
   26         authorizing reporting of certain registration
   27         information through an authorized alternate method
   28         provided by the Department of Highway Safety and Motor
   29         Vehicles; requiring the reporting of certain
   30         additional vehicle information; clarifying a
   31         requirement relating to the timing of reporting of
   32         international travel or a change of residence to
   33         another state or jurisdiction; specifying that failure
   34         to report intended travel is punishable under certain
   35         provisions; providing that certain sexual offenders
   36         seeking removal of the requirement to register as a
   37         sexual offender must comply with current registration
   38         removal requirements; creating a process for a person
   39         to petition for relief from registration if the
   40         person’s requirement to register is based solely upon
   41         a requirement to register in another state for an
   42         offense that is not similar to an offense requiring
   43         registration in this state and whose registration in
   44         that other state is held confidential, not for public
   45         release, and for criminal justice purposes only;
   46         reenacting ss. 943.0435(1)(f), 944.606(1)(d),
   47         944.609(4), 985.481(1)(d), and 985.4815(1)(f), F.S.,
   48         relating to sexual offenders required to register with
   49         the Department of Law Enforcement and penalties;
   50         sexual offenders and notification upon release; career
   51         offenders and notification upon release; sexual
   52         offenders adjudicated delinquent and notification upon
   53         release; and notification to the department of
   54         information on juvenile sexual offenders,
   55         respectively, to incorporate the amendment made to s.
   56         775.21, F.S., in references thereto; reenacting ss.
   57         61.13(9)(c), 68.07(3)(i), 98.0751(2)(b), 322.141(3),
   58         394.9125(2), 397.487(10)(b), 435.07(4)(b),
   59         775.0862(2), 775.13(4), 775.21(5)(d) and (10)(d),
   60         775.24(2), 775.261(3)(b), 900.05(2)(cc),
   61         903.046(2)(m), 903.133, 907.043(4)(b), 943.0436(2),
   62         943.0584(2), 944.607(4)(a) and (10)(c), 948.06(4),
   63         948.063, 948.31, 985.4815(9) and (10)(c), and
   64         1012.467(2)(g), F.S., relating to support of children,
   65         parenting and time-sharing, and powers of court;
   66         change of name; restoration of voting rights and
   67         termination of ineligibility subsequent to a felony
   68         conviction; color or markings of certain licenses or
   69         identification cards; state attorneys and the
   70         authority to refer a person for civil commitment;
   71         voluntary certification of recovery residences;
   72         exemptions from disqualification; sexual offenses
   73         against students by authority figures and
   74         reclassification; registration of convicted felons,
   75         exemptions, and penalties; the Florida Sexual
   76         Predators Act; the duty of the court to uphold laws
   77         governing sexual predators and sexual offenders; the
   78         Florida Career Offender Registration Act; criminal
   79         justice data collection; the purpose of and criteria
   80         for bail determination; bail on appeal and it being
   81         prohibited for certain felony convictions; pretrial
   82         release and citizens’ right to know; the duty of the
   83         court to uphold laws governing sexual predators and
   84         sexual offenders; criminal history records ineligible
   85         for court-ordered expunction or court-ordered sealing;
   86         notification to the department of information on
   87         sexual offenders; violation of probation or community
   88         control, revocation, modification, continuance, and
   89         failure to pay restitution or cost of supervision;
   90         violations of probation or community control by
   91         designated sexual offenders and sexual predators;
   92         evaluation and treatment of sexual predators and
   93         offenders on probation or community control;
   94         notification to the department of information on
   95         juvenile sexual offenders; and noninstructional
   96         contractors who are permitted access to school grounds
   97         when students are present and background screening
   98         requirements, respectively, to incorporate the
   99         amendment made to s. 943.0435, F.S., in references
  100         thereto; reenacting ss. 68.07(6), 320.02(4), 322.19(1)
  101         and (2), 775.25, 794.056(1), 938.085, 938.10(1),
  102         944.607(4)(a) and (9), and 985.04(6)(b), F.S.,
  103         relating to change of name; registration required,
  104         application for registration, and forms; change of
  105         address or name; prosecutions for acts or omissions;
  106         the Rape Crisis Program Trust Fund; additional cost to
  107         fund rape crisis centers; additional court cost
  108         imposed in cases of certain crimes; notification to
  109         Department of Law Enforcement of information on sexual
  110         offenders; and oaths, records, and confidential
  111         information, respectively, to incorporate the
  112         amendments made to ss. 775.21 and 943.0435, F.S., in
  113         references thereto; providing an effective date.
  114          
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Paragraphs (k), (n), and (o) of subsection (2)
  118  and paragraphs (a), (g), and (i) of subsection (6) of section
  119  775.21, Florida Statutes, are amended to read:
  120         775.21 The Florida Sexual Predators Act.—
  121         (2) DEFINITIONS.—As used in this section, the term:
  122         (k) “Permanent residence” means a place where the person
  123  abides, lodges, or resides for 3 or more consecutive days. In
  124  calculating days for “permanent residence,” the first day a
  125  person abides, lodges, or resides at a place is excluded. Each
  126  day following the first day is counted. A day includes any part
  127  of a calendar day.
  128         (n) “Temporary residence” means a place where the person
  129  abides, lodges, or resides, including, but not limited to,
  130  vacation, business, or personal travel destinations in or out of
  131  this state, for a period of 3 or more days in the aggregate
  132  during any calendar year and which is not the person’s permanent
  133  address or, for a person whose permanent residence is not in
  134  this state, a place where the person is employed, practices a
  135  vocation, or is enrolled as a student for any period of time in
  136  this state. In calculating days for “temporary residence,” the
  137  first day a person abides, lodges, or resides at a place is
  138  excluded. Each day following the first day is counted. A day
  139  includes any part of a calendar day.
  140         (o) “Transient residence” means a county where a person
  141  lives, remains, or is located for a period of 3 or more days in
  142  the aggregate during a calendar year and which is not the
  143  person’s permanent or temporary address. The term includes, but
  144  is not limited to, a place where the person sleeps or seeks
  145  shelter and a location that has no specific street address. In
  146  calculating days for “transient residence,” the first day a
  147  person lives, remains, or is located in a county is excluded.
  148  Each day following the first day is counted. A day includes any
  149  part of a calendar day.
  150         (6) REGISTRATION.—
  151         (a) A sexual predator shall register with the department
  152  through the sheriff’s office by providing the following
  153  information to the department:
  154         1. Name; social security number; age; race; sex; date of
  155  birth; height; weight; tattoos or other identifying marks; hair
  156  and eye color; photograph; address of legal residence and
  157  address of any current temporary residence, within the state or
  158  out of state, including a rural route address and a post office
  159  box; if no permanent or temporary address, any transient
  160  residence within the state; address, location or description,
  161  and dates of any current or known future temporary residence
  162  within the state or out of state; electronic mail addresses;
  163  Internet identifiers and each Internet identifier’s
  164  corresponding website homepage or application software name;
  165  home telephone numbers and cellular telephone numbers;
  166  employment information; the make, model, color, vehicle
  167  identification number (VIN), and license tag number of all
  168  vehicles owned; date and place of each conviction; fingerprints;
  169  palm prints; and a brief description of the crime or crimes
  170  committed by the offender. A post office box may not be provided
  171  in lieu of a physical residential address. The sexual predator
  172  shall produce his or her passport, if he or she has a passport,
  173  and, if he or she is an alien, shall produce or provide
  174  information about documents establishing his or her immigration
  175  status. The sexual predator shall also provide information about
  176  any professional licenses he or she has.
  177         a. Any change that occurs after the sexual predator
  178  registers in person at the sheriff’s office as provided in this
  179  subparagraph in any of the following information related to the
  180  sexual predator must be reported as provided in paragraphs (g),
  181  (i), and (j): permanent, temporary, or transient residence;
  182  name; electronic mail addresses; Internet identifiers and each
  183  Internet identifier’s corresponding website homepage or
  184  application software name; home and cellular telephone numbers;
  185  employment information; and status at an institution of higher
  186  education.
  187         b. If the sexual predator’s place of residence is a motor
  188  vehicle, trailer, mobile home, or manufactured home, as defined
  189  in chapter 320, the sexual predator shall also provide to the
  190  department written notice of the vehicle identification number;
  191  the license tag number; the registration number; and a
  192  description, including color scheme, of the motor vehicle,
  193  trailer, mobile home, or manufactured home. If a sexual
  194  predator’s place of residence is a vessel, live-aboard vessel,
  195  or houseboat, as defined in chapter 327, the sexual predator
  196  shall also provide to the department written notice of the hull
  197  identification number; the manufacturer’s serial number; the
  198  name of the vessel, live-aboard vessel, or houseboat; the
  199  registration number; and a description, including color scheme,
  200  of the vessel, live-aboard vessel, or houseboat.
  201         c. If the sexual predator is enrolled or employed, whether
  202  for compensation or as a volunteer, at an institution of higher
  203  education in this state, the sexual predator shall also provide
  204  to the department the name, address, and county of each
  205  institution, including each campus attended, and the sexual
  206  predator’s enrollment, volunteer, or employment status. The
  207  sheriff, the Department of Corrections, or the Department of
  208  Juvenile Justice shall promptly notify each institution of
  209  higher education of the sexual predator’s presence and any
  210  change in the sexual predator’s enrollment, volunteer, or
  211  employment status.
  212         d. A sexual predator shall report to the department through
  213  the department’s online system or in person to the sheriff’s
  214  office within 48 hours after any change in vehicles owned to
  215  report those vehicle information changes.
  216         2. Any other information determined necessary by the
  217  department, including criminal and corrections records;
  218  nonprivileged personnel and treatment records; and evidentiary
  219  genetic markers when available.
  220         (g)1. Each time a sexual predator’s driver license or
  221  identification card is subject to renewal, and, without regard
  222  to the status of the predator’s driver license or identification
  223  card, within 48 hours after any change of the predator’s
  224  residence or change in the predator’s name by reason of marriage
  225  or other legal process, the predator shall report in person to a
  226  driver license office, or through an authorized alternate method
  227  as provided by the Department of Highway Safety and Motor
  228  Vehicles, and is subject to the requirements specified in
  229  paragraph (f). The Department of Highway Safety and Motor
  230  Vehicles shall forward to the department and to the Department
  231  of Corrections all photographs and information provided by
  232  sexual predators. Notwithstanding the restrictions set forth in
  233  s. 322.142, the Department of Highway Safety and Motor Vehicles
  234  may release a reproduction of a color-photograph or digital
  235  image license to the Department of Law Enforcement for purposes
  236  of public notification of sexual predators as provided in this
  237  section. A sexual predator who is unable to secure or update a
  238  driver license or an identification card with the Department of
  239  Highway Safety and Motor Vehicles as provided in paragraph (f)
  240  and this paragraph shall also report any change of the
  241  predator’s residence or change in the predator’s name by reason
  242  of marriage or other legal process within 48 hours after the
  243  change to the sheriff’s office in the county where the predator
  244  resides or is located and provide confirmation that he or she
  245  reported such information to the Department of Highway Safety
  246  and Motor Vehicles. The reporting requirements under this
  247  subparagraph do not negate the requirement for a sexual predator
  248  to obtain a Florida driver license or identification card as
  249  required by this section.
  250         2.a. A sexual predator who vacates a permanent, temporary,
  251  or transient residence and fails to establish or maintain
  252  another permanent, temporary, or transient residence shall,
  253  within 48 hours after vacating the permanent, temporary, or
  254  transient residence, report in person to the sheriff’s office of
  255  the county in which he or she is located. The sexual predator
  256  shall specify the date upon which he or she intends to or did
  257  vacate such residence. The sexual predator shall provide or
  258  update all of the registration information required under
  259  paragraph (a). The sexual predator shall provide an address for
  260  the residence or other place that he or she is or will be
  261  located during the time in which he or she fails to establish or
  262  maintain a permanent or temporary residence.
  263         b. A sexual predator shall report in person at the
  264  sheriff’s office in the county in which he or she is located
  265  within 48 hours after establishing a transient residence and
  266  thereafter must report in person every 30 days to the sheriff’s
  267  office in the county in which he or she is located while
  268  maintaining a transient residence. The sexual predator must
  269  provide the addresses and locations where he or she maintains a
  270  transient residence. Each sheriff’s office shall establish
  271  procedures for reporting transient residence information and
  272  provide notice to transient registrants to report transient
  273  residence information as required in this sub-subparagraph.
  274  Reporting to the sheriff’s office as required by this sub
  275  subparagraph does not exempt registrants from any reregistration
  276  requirement. The sheriff may coordinate and enter into
  277  agreements with police departments and other governmental
  278  entities to facilitate additional reporting sites for transient
  279  residence registration required in this sub-subparagraph. The
  280  sheriff’s office shall, within 2 business days, electronically
  281  submit and update all information provided by the sexual
  282  predator to the department.
  283         3. A sexual predator who remains at a permanent, temporary,
  284  or transient residence after reporting his or her intent to
  285  vacate such residence shall, within 48 hours after the date upon
  286  which the predator indicated he or she would or did vacate such
  287  residence, report in person to the sheriff’s office to which he
  288  or she reported pursuant to subparagraph 2. for the purpose of
  289  reporting his or her address at such residence. When the sheriff
  290  receives the report, the sheriff shall promptly convey the
  291  information to the department. An offender who makes a report as
  292  required under subparagraph 2. but fails to make a report as
  293  required under this subparagraph commits a felony of the second
  294  degree, punishable as provided in s. 775.082, s. 775.083, or s.
  295  775.084.
  296         4. The failure of a sexual predator who maintains a
  297  transient residence to report in person to the sheriff’s office
  298  every 30 days as required by sub-subparagraph 2.b. is punishable
  299  as provided in subsection (10).
  300         5.a. A sexual predator shall register all electronic mail
  301  addresses and Internet identifiers, and each Internet
  302  identifier’s corresponding website homepage or application
  303  software name, with the department through the department’s
  304  online system or in person at the sheriff’s office within 48
  305  hours after using such electronic mail addresses and Internet
  306  identifiers. If the sexual predator is in the custody or
  307  control, or under the supervision, of the Department of
  308  Corrections, he or she must report all electronic mail addresses
  309  and Internet identifiers, and each Internet identifier’s
  310  corresponding website homepage or application software name, to
  311  the Department of Corrections before using such electronic mail
  312  addresses or Internet identifiers. If the sexual predator is in
  313  the custody or control, or under the supervision, of the
  314  Department of Juvenile Justice, he or she must report all
  315  electronic mail addresses and Internet identifiers, and each
  316  Internet identifier’s corresponding website homepage or
  317  application software name, to the Department of Juvenile Justice
  318  before using such electronic mail addresses or Internet
  319  identifiers.
  320         b. A sexual predator shall register all changes to vehicles
  321  owned, all changes to home telephone numbers and cellular
  322  telephone numbers, including added and deleted numbers, all
  323  changes to employment information, and all changes in status
  324  related to enrollment, volunteering, or employment at
  325  institutions of higher education, through the department’s
  326  online system; in person at the sheriff’s office; in person at
  327  the Department of Corrections if the sexual predator is in the
  328  custody or control, or under the supervision, of the Department
  329  of Corrections; or in person at the Department of Juvenile
  330  Justice if the sexual predator is in the custody or control, or
  331  under the supervision, of the Department of Juvenile Justice.
  332  All changes required to be reported in this sub-subparagraph
  333  shall be reported within 48 hours after the change.
  334         c. The department shall establish an online system through
  335  which sexual predators may securely access, submit, and update
  336  all vehicles owned; electronic mail addresses; Internet
  337  identifiers and each Internet identifier’s corresponding website
  338  homepage or application software name; home telephone numbers
  339  and cellular telephone numbers; employment information; and
  340  institution of higher education information.
  341         (i) A sexual predator who intends to establish a permanent,
  342  temporary, or transient residence in another state or
  343  jurisdiction other than the State of Florida shall report in
  344  person to the sheriff of the county of current residence at
  345  least within 48 hours before the date he or she intends to leave
  346  this state to establish residence in another state or
  347  jurisdiction or at least 21 days before the date he or she
  348  intends to travel if the intended residence of 5 days or more is
  349  outside of the United States. Any travel that is not known by
  350  the sexual predator at least 48 hours before he or she intends
  351  to establish a residence in another state or jurisdiction or 21
  352  days before the departure date for travel outside of the United
  353  States must be reported to the sheriff’s office as soon as
  354  possible before departure. The sexual predator shall provide to
  355  the sheriff the address, municipality, county, state, and
  356  country of intended residence. For international travel, the
  357  sexual predator shall also provide travel information,
  358  including, but not limited to, expected departure and return
  359  dates, flight number, airport of departure, cruise port of
  360  departure, or any other means of intended travel. The sheriff
  361  shall promptly provide to the department the information
  362  received from the sexual predator. The department shall notify
  363  the statewide law enforcement agency, or a comparable agency, in
  364  the intended state, jurisdiction, or country of residence, or
  365  the intended country of travel, of the sexual predator’s
  366  intended residence or intended travel. The failure of a sexual
  367  predator to provide his or her intended place of residence or
  368  intended travel is punishable as provided in subsection (10).
  369         Section 2. The Legislature finds that the opinion in State
  370  v. James, 298 So.3d 90 (Fla. 2d DCA 2020), is contrary to
  371  legislative intent and that a person’s failure to pay a fine
  372  does not relieve him or her of the requirement to register as a
  373  sexual offender pursuant to s. 943.0435, Florida Statutes. The
  374  Legislature intends that a person must register as a sexual
  375  offender pursuant to s. 943.0435, Florida Statutes, when he or
  376  she has been convicted of a qualifying offense and, on or after
  377  October 1, 1997, has:
  378         (1) No sanction imposed upon conviction; or
  379         (2) Been released from a sanction imposed upon conviction.
  380         Section 3. Paragraph (h) of subsection (1), paragraph (b)
  381  of subsection (2), paragraphs (a) and (e) of subsection (4), and
  382  subsections (7) and (11) of section 943.0435, Florida Statutes,
  383  are amended to read:
  384         943.0435 Sexual offenders required to register with the
  385  department; penalty.—
  386         (1) As used in this section, the term:
  387         (h)1. “Sexual offender” means a person who meets the
  388  criteria in sub-subparagraph a., sub-subparagraph b., sub
  389  subparagraph c., or sub-subparagraph d., as follows:
  390         a.(I) Has been convicted of committing, or attempting,
  391  soliciting, or conspiring to commit, any of the criminal
  392  offenses proscribed in the following statutes in this state or
  393  similar offenses in another jurisdiction: s. 393.135(2); s.
  394  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
  395  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
  396  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
  397  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
  398  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
  399  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
  400  s. 895.03, if the court makes a written finding that the
  401  racketeering activity involved at least one sexual offense
  402  listed in this sub-sub-subparagraph or at least one offense
  403  listed in this sub-sub-subparagraph with sexual intent or
  404  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
  405  committed in this state which has been redesignated from a
  406  former statute number to one of those listed in this sub-sub
  407  subparagraph; and
  408         (II) Has been released on or after October 1, 1997, from a
  409  the sanction imposed for any conviction of an offense described
  410  in sub-sub-subparagraph (I) and does not otherwise meet the
  411  criteria for registration as a sexual offender under chapter 944
  412  or chapter 985. For purposes of this sub-sub-subparagraph (I), a
  413  sanction imposed in this state or in any other jurisdiction
  414  means includes, but is not limited to, a fine, probation,
  415  community control, parole, conditional release, control release,
  416  or incarceration in a state prison, federal prison, private
  417  correctional facility, or local detention facility. If no
  418  sanction is imposed the person is deemed to be released upon
  419  conviction;
  420         b. Establishes or maintains a residence in this state and
  421  who has not been designated as a sexual predator by a court of
  422  this state but who has been designated as a sexual predator, as
  423  a sexually violent predator, or by another sexual offender
  424  designation in another state or jurisdiction and was, as a
  425  result of such designation, subjected to registration or
  426  community or public notification, or both, or would be if the
  427  person were a resident of that state or jurisdiction, without
  428  regard to whether the person otherwise meets the criteria for
  429  registration as a sexual offender;
  430         c. Establishes or maintains a residence in this state who
  431  is in the custody or control of, or under the supervision of,
  432  any other state or jurisdiction as a result of a conviction for
  433  committing, or attempting, soliciting, or conspiring to commit,
  434  any of the criminal offenses proscribed in the following
  435  statutes or similar offense in another jurisdiction: s.
  436  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  437  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  438  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  439  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  440  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
  441  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
  442  s. 847.0145; s. 895.03, if the court makes a written finding
  443  that the racketeering activity involved at least one sexual
  444  offense listed in this sub-subparagraph or at least one offense
  445  listed in this sub-subparagraph with sexual intent or motive; s.
  446  916.1075(2); or s. 985.701(1); or any similar offense committed
  447  in this state which has been redesignated from a former statute
  448  number to one of those listed in this sub-subparagraph; or
  449         d. On or after July 1, 2007, has been adjudicated
  450  delinquent for committing, or attempting, soliciting, or
  451  conspiring to commit, any of the criminal offenses proscribed in
  452  the following statutes in this state or similar offenses in
  453  another jurisdiction when the juvenile was 14 years of age or
  454  older at the time of the offense:
  455         (I) Section 794.011, excluding s. 794.011(10);
  456         (II) Section 800.04(4)(a)2. where the victim is under 12
  457  years of age or where the court finds sexual activity by the use
  458  of force or coercion;
  459         (III) Section 800.04(5)(c)1. where the court finds
  460  molestation involving unclothed genitals;
  461         (IV) Section 800.04(5)(d) where the court finds the use of
  462  force or coercion and unclothed genitals; or
  463         (V) Any similar offense committed in this state which has
  464  been redesignated from a former statute number to one of those
  465  listed in this sub-subparagraph.
  466         2. For all qualifying offenses listed in sub-subparagraph
  467  1.d., the court shall make a written finding of the age of the
  468  offender at the time of the offense.
  469  
  470  For each violation of a qualifying offense listed in this
  471  subsection, except for a violation of s. 794.011, the court
  472  shall make a written finding of the age of the victim at the
  473  time of the offense. For a violation of s. 800.04(4), the court
  474  shall also make a written finding indicating whether the offense
  475  involved sexual activity and indicating whether the offense
  476  involved force or coercion. For a violation of s. 800.04(5), the
  477  court shall also make a written finding that the offense did or
  478  did not involve unclothed genitals or genital area and that the
  479  offense did or did not involve the use of force or coercion.
  480         (2) Upon initial registration, a sexual offender shall:
  481         (b) Provide his or her name; date of birth; social security
  482  number; race; sex; height; weight; hair and eye color; tattoos
  483  or other identifying marks; fingerprints; palm prints;
  484  photograph; employment information; address of permanent or
  485  legal residence or address of any current temporary residence,
  486  within the state or out of state, including a rural route
  487  address and a post office box; if no permanent or temporary
  488  address, any transient residence within the state, address,
  489  location or description, and dates of any current or known
  490  future temporary residence within the state or out of state; the
  491  make, model, color, vehicle identification number (VIN), and
  492  license tag number of all vehicles owned; home telephone numbers
  493  and cellular telephone numbers; electronic mail addresses;
  494  Internet identifiers and each Internet identifier’s
  495  corresponding website homepage or application software name;
  496  date and place of each conviction; and a brief description of
  497  the crime or crimes committed by the offender. A post office box
  498  may not be provided in lieu of a physical residential address.
  499  The sexual offender shall also produce his or her passport, if
  500  he or she has a passport, and, if he or she is an alien, shall
  501  produce or provide information about documents establishing his
  502  or her immigration status. The sexual offender shall also
  503  provide information about any professional licenses he or she
  504  has.
  505         1. If the sexual offender’s place of residence is a motor
  506  vehicle, trailer, mobile home, or manufactured home, as defined
  507  in chapter 320, the sexual offender shall also provide to the
  508  department through the sheriff’s office written notice of the
  509  vehicle identification number; the license tag number; the
  510  registration number; and a description, including color scheme,
  511  of the motor vehicle, trailer, mobile home, or manufactured
  512  home. If the sexual offender’s place of residence is a vessel,
  513  live-aboard vessel, or houseboat, as defined in chapter 327, the
  514  sexual offender shall also provide to the department written
  515  notice of the hull identification number; the manufacturer’s
  516  serial number; the name of the vessel, live-aboard vessel, or
  517  houseboat; the registration number; and a description, including
  518  color scheme, of the vessel, live-aboard vessel, or houseboat.
  519         2. If the sexual offender is enrolled or employed, whether
  520  for compensation or as a volunteer, at an institution of higher
  521  education in this state, the sexual offender shall also provide
  522  to the department the name, address, and county of each
  523  institution, including each campus attended, and the sexual
  524  offender’s enrollment, volunteer, or employment status. The
  525  sheriff, the Department of Corrections, or the Department of
  526  Juvenile Justice shall promptly notify each institution of
  527  higher education of the sexual offender’s presence and any
  528  change in the sexual offender’s enrollment, volunteer, or
  529  employment status.
  530         3. A sexual offender shall report to the department through
  531  the department’s online system or in person to the sheriff’s
  532  office within 48 hours after any change in vehicles owned to
  533  report those vehicle information changes.
  534  
  535  When a sexual offender reports at the sheriff’s office, the
  536  sheriff shall take a photograph, a set of fingerprints, and palm
  537  prints of the offender and forward the photographs, palm prints,
  538  and fingerprints to the department, along with the information
  539  provided by the sexual offender. The sheriff shall promptly
  540  provide to the department the information received from the
  541  sexual offender.
  542         (4)(a) Each time a sexual offender’s driver license or
  543  identification card is subject to renewal, and, without regard
  544  to the status of the offender’s driver license or identification
  545  card, within 48 hours after any change in the offender’s
  546  permanent, temporary, or transient residence or change in the
  547  offender’s name by reason of marriage or other legal process,
  548  the offender shall report in person to a driver license office,
  549  or through an authorized alternate method as provided by the
  550  Department of Highway Safety and Motor Vehicles, and is subject
  551  to the requirements specified in subsection (3). The Department
  552  of Highway Safety and Motor Vehicles shall forward to the
  553  department all photographs and information provided by sexual
  554  offenders. Notwithstanding the restrictions set forth in s.
  555  322.142, the Department of Highway Safety and Motor Vehicles may
  556  release a reproduction of a color-photograph or digital-image
  557  license to the Department of Law Enforcement for purposes of
  558  public notification of sexual offenders as provided in this
  559  section and ss. 943.043 and 944.606. A sexual offender who is
  560  unable to secure or update a driver license or an identification
  561  card with the Department of Highway Safety and Motor Vehicles as
  562  provided in subsection (3) and this subsection shall also report
  563  any change in the sexual offender’s permanent, temporary, or
  564  transient residence or change in the offender’s name by reason
  565  of marriage or other legal process within 48 hours after the
  566  change to the sheriff’s office in the county where the offender
  567  resides or is located and provide confirmation that he or she
  568  reported such information to the Department of Highway Safety
  569  and Motor Vehicles. The reporting requirements under this
  570  paragraph do not negate the requirement for a sexual offender to
  571  obtain a Florida driver license or an identification card as
  572  required in this section.
  573         (e)1. A sexual offender shall register all electronic mail
  574  addresses and Internet identifiers, and each Internet
  575  identifier’s corresponding website homepage or application
  576  software name, with the department through the department’s
  577  online system or in person at the sheriff’s office within 48
  578  hours after using such electronic mail addresses and Internet
  579  identifiers. If the sexual offender is in the custody or
  580  control, or under the supervision, of the Department of
  581  Corrections, he or she must report all electronic mail addresses
  582  and Internet identifiers, and each Internet identifier’s
  583  corresponding website homepage or application software name, to
  584  the Department of Corrections before using such electronic mail
  585  addresses or Internet identifiers. If the sexual offender is in
  586  the custody or control, or under the supervision, of the
  587  Department of Juvenile Justice, he or she must report all
  588  electronic mail addresses and Internet identifiers, and each
  589  Internet identifier’s corresponding website homepage or
  590  application software name, to the Department of Juvenile Justice
  591  before using such electronic mail addresses or Internet
  592  identifiers.
  593         2. A sexual offender shall register all changes to vehicles
  594  owned, all changes to home telephone numbers and cellular
  595  telephone numbers, including added and deleted numbers, all
  596  changes to employment information, and all changes in status
  597  related to enrollment, volunteering, or employment at
  598  institutions of higher education, through the department’s
  599  online system; in person at the sheriff’s office; in person at
  600  the Department of Corrections if the sexual offender is in the
  601  custody or control, or under the supervision, of the Department
  602  of Corrections; or in person at the Department of Juvenile
  603  Justice if the sexual offender is in the custody or control, or
  604  under the supervision, of the Department of Juvenile Justice.
  605  All changes required to be reported under this subparagraph must
  606  be reported within 48 hours after the change.
  607         3. The department shall establish an online system through
  608  which sexual offenders may securely access, submit, and update
  609  all changes in status to vehicles owned; electronic mail
  610  addresses; Internet identifiers and each Internet identifier’s
  611  corresponding website homepage or application software name;
  612  home telephone numbers and cellular telephone numbers;
  613  employment information; and institution of higher education
  614  information.
  615         (7) A sexual offender who intends to establish a permanent,
  616  temporary, or transient residence in another state or
  617  jurisdiction other than the State of Florida shall report in
  618  person to the sheriff of the county of current residence at
  619  least within 48 hours before the date he or she intends to leave
  620  this state to establish residence in another state or
  621  jurisdiction or at least 21 days before the date he or she
  622  intends to travel if the intended residence of 5 days or more is
  623  outside of the United States. Any travel that is not known by
  624  the sexual offender at least 48 hours before he or she intends
  625  to establish a residence in another state or jurisdiction, or 21
  626  days before the departure date for travel outside of the United
  627  States, must be reported in person to the sheriff’s office as
  628  soon as possible before departure. The sexual offender shall
  629  provide to the sheriff the address, municipality, county, state,
  630  and country of intended residence. For international travel, the
  631  sexual offender shall also provide travel information,
  632  including, but not limited to, expected departure and return
  633  dates, flight number, airport of departure, cruise port of
  634  departure, or any other means of intended travel. The sheriff
  635  shall promptly provide to the department the information
  636  received from the sexual offender. The department shall notify
  637  the statewide law enforcement agency, or a comparable agency, in
  638  the intended state, jurisdiction, or country of residence, or
  639  the intended country of travel, of the sexual offender’s
  640  intended residence or intended travel. The failure of a sexual
  641  offender to provide his or her intended place of residence or
  642  intended travel is punishable as provided in subsection (9).
  643         (11) Except as provided in s. 943.04354, a sexual offender
  644  shall maintain registration with the department for the duration
  645  of his or her life unless the sexual offender has received a
  646  full pardon or has had a conviction set aside in a
  647  postconviction proceeding for any offense that meets the
  648  criteria for classifying the person as a sexual offender for
  649  purposes of registration. However, a sexual offender shall be
  650  considered for removal of the requirement to register as a
  651  sexual offender only if the person:
  652         (a)1. Has been lawfully released from confinement,
  653  supervision, or sanction, whichever is later, for at least 25
  654  years and has not been arrested for any felony or misdemeanor
  655  offense since release, provided that the sexual offender’s
  656  requirement to register was not based upon an adult conviction:
  657         a. For a violation of s. 787.01 or s. 787.02;
  658         b. For a violation of s. 794.011, excluding s. 794.011(10);
  659         c. For a violation of s. 800.04(4)(a)2. where the court
  660  finds the offense involved a victim under 12 years of age or
  661  sexual activity by the use of force or coercion;
  662         d. For a violation of s. 800.04(5)(b);
  663         e. For a violation of s. 800.04(5)(c)2. where the court
  664  finds the offense involved the use of force or coercion and
  665  unclothed genitals or genital area;
  666         f. For a violation of s. 825.1025(2)(a);
  667         g. For any attempt or conspiracy to commit any such
  668  offense;
  669         h. For a violation of similar law of another jurisdiction;
  670  or
  671         i. For a violation of a similar offense committed in this
  672  state which has been redesignated from a former statute number
  673  to one of those listed in this subparagraph.
  674         2. If the sexual offender meets the criteria in
  675  subparagraph 1., the sexual offender may, for the purpose of
  676  removing the requirement for registration as a sexual offender,
  677  petition the criminal division of the circuit court of the
  678  circuit:
  679         a. Where the conviction or adjudication occurred, for a
  680  conviction in this state;
  681         b. Where the sexual offender resides, for a conviction of a
  682  violation of similar law of another jurisdiction; or
  683         c. Where the sexual offender last resided, for a sexual
  684  offender with a conviction of a violation of similar law of
  685  another jurisdiction who no longer resides in this state.
  686         3. The court may grant or deny relief if the offender
  687  demonstrates to the court that he or she has not been arrested
  688  for any crime since release; the requested relief complies with
  689  the federal Adam Walsh Child Protection and Safety Act of 2006
  690  and any other federal standards applicable to the removal of
  691  registration requirements for a sexual offender or required to
  692  be met as a condition for the receipt of federal funds by the
  693  state; and the court is otherwise satisfied that the offender is
  694  not a current or potential threat to public safety. The state
  695  attorney in the circuit in which the petition is filed must be
  696  given notice of the petition at least 3 weeks before the hearing
  697  on the matter. The state attorney may present evidence in
  698  opposition to the requested relief or may otherwise demonstrate
  699  the reasons why the petition should be denied. If the court
  700  denies the petition, the court may set a future date at which
  701  the sexual offender may again petition the court for relief,
  702  subject to the standards for relief provided in this subsection.
  703         4. The department shall remove an offender from
  704  classification as a sexual offender for purposes of registration
  705  if the offender provides to the department a certified copy of
  706  the court’s written findings or order that indicates that the
  707  offender is no longer required to comply with the requirements
  708  for registration as a sexual offender.
  709         (b) Maintains As defined in sub-subparagraph (1)(h)1.b.
  710  must maintain registration with the department as described in
  711  sub-subparagraph (1)(h)1.b. for the duration of his or her life
  712  until the person provides the department with an order issued by
  713  the court that designated the person as a sexual predator, as a
  714  sexually violent predator, or as any other by another sexual
  715  offender designation in the state or jurisdiction in which the
  716  order was issued which states that such designation has been
  717  removed or demonstrates to the department that such designation,
  718  if not imposed by a court, has been removed by operation of law
  719  or court order in the state or jurisdiction in which the
  720  designation was made, and provided that such person no longer
  721  meets the criteria for registration as a sexual offender under
  722  the laws of this state. To qualify for removal, all sexual
  723  offenders as described in sub-subparagraph (1)(h)1.b. must not
  724  only establish that their designation has been removed but also
  725  satisfy the requirements set forth in paragraph (11)(a).
  726         (c)1. Is required to register as a sexual offender solely
  727  under the requirements of sub-subparagraph (1)(h)1.b. and files
  728  a petition in the circuit court in the jurisdiction in which the
  729  person resides or, for a person who no longer resides in this
  730  state, the court in the jurisdiction in which the person last
  731  resided in this state. The petition must assert that his or her
  732  designation as a sexual predator or sexually violent predator or
  733  any other sexual offender designation in the state or
  734  jurisdiction in which the designation was made is confidential
  735  from public disclosure or that such designation, if not imposed
  736  by a court, is considered confidential from public disclosure by
  737  operation of law or court order in the state or jurisdiction
  738  requiring registration, provided that such person does not meet
  739  the criteria for registration as a sexual offender under the
  740  laws of this state.
  741         2. If the person meets the criteria in subparagraph 1., the
  742  court may grant the petition and remove the requirement to
  743  register as a sexual offender.
  744         3. A petition filed under this paragraph must document the
  745  person’s conviction and include a copy of the order issued by
  746  the court in the state or jurisdiction which made the
  747  designation confidential from public disclosure. If the
  748  confidential status was not granted by court order, the person
  749  must demonstrate to the court that his or her registration
  750  requirement has been made confidential by operation of law in
  751  the state or jurisdiction requiring registration. The state
  752  attorney and the department must be given notice at least 21
  753  days before the date of the hearing on the petition and may
  754  present evidence in opposition to the requested relief or may
  755  otherwise demonstrate why it should be denied.
  756         4. If a person provides to the department a certified copy
  757  of the circuit court’s order granting the person’s removal of
  758  the requirement to register as a sexual offender in this state
  759  in accordance with this paragraph, the registration requirement
  760  does not apply to the person and the department must remove all
  761  information about the person from the public registry of sexual
  762  offenders and sexual predators maintained by the department.
  763         Section 4. For the purpose of incorporating the amendment
  764  made by this act to section 775.21, Florida Statutes, in a
  765  reference thereto, paragraph (f) of subsection (1) of section
  766  943.0435, Florida Statutes, is reenacted to read:
  767         943.0435 Sexual offenders required to register with the
  768  department; penalty.—
  769         (1) As used in this section, the term:
  770         (f) “Permanent residence,” “temporary residence,” and
  771  “transient residence” have the same meaning as provided in s.
  772  775.21.
  773         Section 5. 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  944.606, Florida Statutes, is reenacted to read:
  777         944.606 Sexual offenders; notification upon release.—
  778         (1) As used in this section, the term:
  779         (d) “Permanent residence,” “temporary residence,” and
  780  “transient residence” have the same meaning as provided in s.
  781  775.21.
  782         Section 6. For the purpose of incorporating the amendment
  783  made by this act to section 775.21, Florida Statutes, in a
  784  reference thereto, subsection (4) of section 944.609, Florida
  785  Statutes, is reenacted to read:
  786         944.609 Career offenders; notification upon release.—
  787         (4) The department or any law enforcement agency may notify
  788  the community and the public of a career offender’s presence in
  789  the community. However, with respect to a career offender who
  790  has been found to be a sexual predator under s. 775.21, the
  791  Department of Law Enforcement or any other law enforcement
  792  agency must inform the community and the public of the career
  793  offender’s presence in the community, as provided in s. 775.21.
  794         Section 7. For the purpose of incorporating the amendment
  795  made by this act to section 775.21, Florida Statutes, in a
  796  reference thereto, paragraph (d) of subsection (1) of section
  797  985.481, Florida Statutes, is reenacted to read:
  798         985.481 Sexual offenders adjudicated delinquent;
  799  notification upon release.—
  800         (1) As used in this section:
  801         (d) “Permanent residence,” “temporary residence,” and
  802  “transient residence” have the same meaning as provided in s.
  803  775.21.
  804         Section 8. For the purpose of incorporating the amendment
  805  made by this act to section 775.21, Florida Statutes, in a
  806  reference thereto, paragraph (f) of subsection (1) of section
  807  985.4815, Florida Statutes, is reenacted to read:
  808         985.4815 Notification to Department of Law Enforcement of
  809  information on juvenile sexual offenders.—
  810         (1) As used in this section, the term:
  811         (f) “Permanent residence,” “temporary residence,” and
  812  “transient residence” have the same meaning as provided in s.
  813  775.21.
  814         Section 9. For the purpose of incorporating the amendment
  815  made by this act to section 943.0435, Florida Statutes, in a
  816  reference thereto, paragraph (c) of subsection (9) of section
  817  61.13, Florida Statutes, is reenacted to read:
  818         61.13 Support of children; parenting and time-sharing;
  819  powers of court.—
  820         (9)
  821         (c) A court may not order visitation at a recovery
  822  residence if any resident of the recovery residence is currently
  823  required to register as a sexual predator under s. 775.21 or as
  824  a sexual offender under s. 943.0435.
  825         Section 10. For the purpose of incorporating the amendment
  826  made by this act to section 943.0435, Florida Statutes, in a
  827  reference thereto, paragraph (i) of subsection (3) of section
  828  68.07, Florida Statutes, is reenacted to read:
  829         68.07 Change of name.—
  830         (3) Each petition shall be verified and show:
  831         (i) Whether the petitioner has ever been required to
  832  register as a sexual predator under s. 775.21 or as a sexual
  833  offender under s. 943.0435.
  834         Section 11. For the purpose of incorporating the amendment
  835  made by this act to section 943.0435, Florida Statutes, in a
  836  reference thereto, paragraph (b) of subsection (2) of section
  837  98.0751, Florida Statutes, is reenacted to read:
  838         98.0751 Restoration of voting rights; termination of
  839  ineligibility subsequent to a felony conviction.—
  840         (2) For purposes of this section, the term:
  841         (b) “Felony sexual offense” means any of the following:
  842         1. Any felony offense that serves as a predicate to
  843  registration as a sexual offender in accordance with s.
  844  943.0435;
  845         2. Section 491.0112;
  846         3. Section 784.049(3)(b);
  847         4. Section 794.08;
  848         5. Section 796.08;
  849         6. Section 800.101;
  850         7. Section 826.04;
  851         8. Section 847.012;
  852         9. Section 872.06(2);
  853         10. Section 944.35(3)(b)2.;
  854         11. Section 951.221(1); or
  855         12. Any similar offense committed in another jurisdiction
  856  which would be an offense listed in this paragraph if it had
  857  been committed in violation of the laws of this state.
  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 (3) of section 322.141, Florida
  861  Statutes, is reenacted to read:
  862         322.141 Color or markings of certain licenses or
  863  identification cards.—
  864         (3) All licenses for the operation of motor vehicles or
  865  identification cards originally issued or reissued by the
  866  department to persons who are designated as sexual predators
  867  under s. 775.21 or subject to registration as sexual offenders
  868  under s. 943.0435 or s. 944.607, or who have a similar
  869  designation or are subject to a similar registration under the
  870  laws of another jurisdiction, shall have on the front of the
  871  license or identification card the following:
  872         (a) For a person designated as a sexual predator under s.
  873  775.21 or who has a similar designation under the laws of
  874  another jurisdiction, the marking “SEXUAL PREDATOR.”
  875         (b) For a person subject to registration as a sexual
  876  offender under s. 943.0435 or s. 944.607, or subject to a
  877  similar registration under the laws of another jurisdiction, the
  878  marking “943.0435, F.S.”
  879         Section 13. For the purpose of incorporating the amendment
  880  made by this act to section 943.0435, Florida Statutes, in a
  881  reference thereto, subsection (2) of section 394.9125, Florida
  882  Statutes, is reenacted to read:
  883         394.9125 State attorney; authority to refer a person for
  884  civil commitment.—
  885         (2) A state attorney may refer a person to the department
  886  for civil commitment proceedings if the person:
  887         (a) Is required to register as a sexual offender pursuant
  888  to s. 943.0435;
  889         (b) Has previously been convicted of a sexually violent
  890  offense as defined in s. 394.912(9)(a)-(h); and
  891         (c) Has been sentenced to a term of imprisonment in a
  892  county or municipal jail for any criminal offense.
  893         Section 14. For the purpose of incorporating the amendment
  894  made by this act to section 943.0435, Florida Statutes, in a
  895  reference thereto, paragraph (b) of subsection (10) of section
  896  397.487, Florida Statutes, is reenacted to read:
  897         397.487 Voluntary certification of recovery residences.—
  898         (10)
  899         (b) A certified recovery residence may not allow a minor
  900  child to visit a parent who is a resident of the recovery
  901  residence at any time if any resident of the recovery residence
  902  is currently required to register as a sexual predator under s.
  903  775.21 or as a sexual offender under s. 943.0435.
  904         Section 15. For the purpose of incorporating the amendment
  905  made by this act to section 943.0435, Florida Statutes, in a
  906  reference thereto, paragraph (b) of subsection (4) of section
  907  435.07, Florida Statutes, is reenacted to read:
  908         435.07 Exemptions from disqualification.—Unless otherwise
  909  provided by law, the provisions of this section apply to
  910  exemptions from disqualification for disqualifying offenses
  911  revealed pursuant to background screenings required under this
  912  chapter, regardless of whether those disqualifying offenses are
  913  listed in this chapter or other laws.
  914         (4)
  915         (b) Disqualification from employment under this chapter may
  916  not be removed from, nor may an exemption be granted to, any
  917  person who is a:
  918         1. Sexual predator as designated pursuant to s. 775.21;
  919         2. Career offender pursuant to s. 775.261; or
  920         3. Sexual offender pursuant to s. 943.0435, unless the
  921  requirement to register as a sexual offender has been removed
  922  pursuant to s. 943.04354.
  923         Section 16. For the purpose of incorporating the amendment
  924  made by this act to section 943.0435, Florida Statutes, in a
  925  reference thereto, subsection (2) of section 775.0862, Florida
  926  Statutes, is reenacted to read:
  927         775.0862 Sexual offenses against students by authority
  928  figures; reclassification.—
  929         (2) The felony degree of a violation of an offense listed
  930  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
  931  s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
  932  as provided in this section if the offense is committed by an
  933  authority figure of a school against a student of the school.
  934         Section 17. For the purpose of incorporating the amendment
  935  made by this act to section 943.0435, Florida Statutes, in a
  936  reference thereto, subsection (4) of section 775.13, Florida
  937  Statutes, is reenacted to read:
  938         775.13 Registration of convicted felons, exemptions;
  939  penalties.—
  940         (4) This section does not apply to an offender:
  941         (a) Who has had his or her civil rights restored;
  942         (b) Who has received a full pardon for the offense for
  943  which convicted;
  944         (c) Who has been lawfully released from incarceration or
  945  other sentence or supervision for a felony conviction for more
  946  than 5 years prior to such time for registration, unless the
  947  offender is a fugitive from justice on a felony charge or has
  948  been convicted of any offense since release from such
  949  incarceration or other sentence or supervision;
  950         (d) Who is a parolee or probationer under the supervision
  951  of the United States Parole Commission if the commission knows
  952  of and consents to the presence of the offender in Florida or is
  953  a probationer under the supervision of any federal probation
  954  officer in the state or who has been lawfully discharged from
  955  such parole or probation;
  956         (e) Who is a sexual predator and has registered as required
  957  under s. 775.21;
  958         (f) Who is a sexual offender and has registered as required
  959  in s. 943.0435 or s. 944.607; or
  960         (g) Who is a career offender who has registered as required
  961  in s. 775.261 or s. 944.609.
  962         Section 18. For the purpose of incorporating the amendment
  963  made by this act to section 943.0435, Florida Statutes, in
  964  references thereto, paragraph (d) of subsection (5) and
  965  paragraph (d) of subsection (10) of section 775.21, Florida
  966  Statutes, are reenacted to read:
  967         775.21 The Florida Sexual Predators Act.—
  968         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
  969  as a sexual predator as follows:
  970         (d) A person who establishes or maintains a residence in
  971  this state and who has not been designated as a sexual predator
  972  by a court of this state but who has been designated as a sexual
  973  predator, as a sexually violent predator, or by another sexual
  974  offender designation in another state or jurisdiction and was,
  975  as a result of such designation, subjected to registration or
  976  community or public notification, or both, or would be if the
  977  person was a resident of that state or jurisdiction, without
  978  regard to whether the person otherwise meets the criteria for
  979  registration as a sexual offender, shall register in the manner
  980  provided in s. 943.0435 or s. 944.607 and shall be subject to
  981  community and public notification as provided in s. 943.0435 or
  982  s. 944.607. A person who meets the criteria of this section is
  983  subject to the requirements and penalty provisions of s.
  984  943.0435 or s. 944.607 until the person provides the department
  985  with an order issued by the court that designated the person as
  986  a sexual predator, as a sexually violent predator, or by another
  987  sexual offender designation in the state or jurisdiction in
  988  which the order was issued which states that such designation
  989  has been removed or demonstrates to the department that such
  990  designation, if not imposed by a court, has been removed by
  991  operation of law or court order in the state or jurisdiction in
  992  which the designation was made, and provided such person no
  993  longer meets the criteria for registration as a sexual offender
  994  under the laws of this state.
  995         (10) PENALTIES.—
  996         (d) Any person who misuses public records information
  997  relating to a sexual predator, as defined in this section, or a
  998  sexual offender, as defined in s. 943.0435 or s. 944.607, to
  999  secure a payment from such a predator or offender; who knowingly
 1000  distributes or publishes false information relating to such a
 1001  predator or offender which the person misrepresents as being
 1002  public records information; or who materially alters public
 1003  records information with the intent to misrepresent the
 1004  information, including documents, summaries of public records
 1005  information provided by law enforcement agencies, or public
 1006  records information displayed by law enforcement agencies on
 1007  websites or provided through other means of communication,
 1008  commits a misdemeanor of the first degree, punishable as
 1009  provided in s. 775.082 or s. 775.083.
 1010         Section 19. For the purpose of incorporating the amendment
 1011  made by this act to section 943.0435, Florida Statutes, in a
 1012  reference thereto, subsection (2) of section 775.24, Florida
 1013  Statutes, is reenacted to read:
 1014         775.24 Duty of the court to uphold laws governing sexual
 1015  predators and sexual offenders.—
 1016         (2) If a person meets the criteria in this chapter for
 1017  designation as a sexual predator or meets the criteria in s.
 1018  943.0435, s. 944.606, s. 944.607, or any other law for
 1019  classification as a sexual offender, the court may not enter an
 1020  order, for the purpose of approving a plea agreement or for any
 1021  other reason, which:
 1022         (a) Exempts a person who meets the criteria for designation
 1023  as a sexual predator or classification as a sexual offender from
 1024  such designation or classification, or exempts such person from
 1025  the requirements for registration or community and public
 1026  notification imposed upon sexual predators and sexual offenders;
 1027         (b) Restricts the compiling, reporting, or release of
 1028  public records information that relates to sexual predators or
 1029  sexual offenders; or
 1030         (c) Prevents any person or entity from performing its
 1031  duties or operating within its statutorily conferred authority
 1032  as such duty or authority relates to sexual predators or sexual
 1033  offenders.
 1034         Section 20. For the purpose of incorporating the amendment
 1035  made by this act to section 943.0435, Florida Statutes, in a
 1036  reference thereto, paragraph (b) of subsection (3) of section
 1037  775.261, Florida Statutes, is reenacted to read:
 1038         775.261 The Florida Career Offender Registration Act.—
 1039         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
 1040         (b) This section does not apply to any person who has been
 1041  designated as a sexual predator and required to register under
 1042  s. 775.21 or who is required to register as a sexual offender
 1043  under s. 943.0435 or s. 944.607. However, if a person is no
 1044  longer required to register as a sexual predator under s. 775.21
 1045  or as a sexual offender under s. 943.0435 or s. 944.607, the
 1046  person must register as a career offender under this section if
 1047  the person is otherwise designated as a career offender as
 1048  provided in this section.
 1049         Section 21. For the purpose of incorporating the amendment
 1050  made by this act to section 943.0435, Florida Statutes, in a
 1051  reference thereto, paragraph (cc) of subsection (2) of section
 1052  900.05, Florida Statutes, is reenacted to read:
 1053         900.05 Criminal justice data collection.—
 1054         (2) DEFINITIONS.—As used in this section, the term:
 1055         (cc) “Sexual offender flag” means an indication that a
 1056  defendant was required to register as a sexual predator as
 1057  defined in s. 775.21 or as a sexual offender as defined in s.
 1058  943.0435.
 1059         Section 22. For the purpose of incorporating the amendment
 1060  made by this act to section 943.0435, Florida Statutes, in a
 1061  reference thereto, paragraph (m) of subsection (2) of section
 1062  903.046, Florida Statutes, is reenacted to read:
 1063         903.046 Purpose of and criteria for bail determination.—
 1064         (2) When determining whether to release a defendant on bail
 1065  or other conditions, and what that bail or those conditions may
 1066  be, the court shall consider:
 1067         (m) Whether the defendant, other than a defendant whose
 1068  only criminal charge is a misdemeanor offense under chapter 316,
 1069  is required to register as a sexual offender under s. 943.0435
 1070  or a sexual predator under s. 775.21; and, if so, he or she is
 1071  not eligible for release on bail or surety bond until the first
 1072  appearance on the case in order to ensure the full participation
 1073  of the prosecutor and the protection of the public.
 1074         Section 23. For the purpose of incorporating the amendment
 1075  made by this act to section 943.0435, Florida Statutes, in a
 1076  reference thereto, section 903.133, Florida Statutes, is
 1077  reenacted to read:
 1078         903.133 Bail on appeal; prohibited for certain felony
 1079  convictions.—Notwithstanding s. 903.132, no person shall be
 1080  admitted to bail pending review either by posttrial motion or
 1081  appeal if he or she was adjudged guilty of:
 1082         (1) A felony of the first degree for a violation of s.
 1083  782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s.
 1084  893.13, or s. 893.135;
 1085         (2) A violation of s. 794.011(2) or (3); or
 1086         (3) Any other offense requiring sexual offender
 1087  registration under s. 943.0435(1)(h) or sexual predator
 1088  registration under s. 775.21(4) when, at the time of the
 1089  offense, the offender was 18 years of age or older and the
 1090  victim was a minor.
 1091         Section 24. For the purpose of incorporating the amendment
 1092  made by this act to section 943.0435, Florida Statutes, in a
 1093  reference thereto, paragraph (b) of subsection (4) of section
 1094  907.043, Florida Statutes, is reenacted to read:
 1095         907.043 Pretrial release; citizens’ right to know.—
 1096         (4)
 1097         (b) The annual report must contain, but need not be limited
 1098  to:
 1099         1. The name, location, and funding sources of the pretrial
 1100  release program, including the amount of public funds, if any,
 1101  received by the pretrial release program.
 1102         2. The operating and capital budget of each pretrial
 1103  release program receiving public funds.
 1104         3.a. The percentage of the pretrial release program’s total
 1105  budget representing receipt of public funds.
 1106         b. The percentage of the total budget which is allocated to
 1107  assisting defendants obtain release through a nonpublicly funded
 1108  program.
 1109         c. The amount of fees paid by defendants to the pretrial
 1110  release program.
 1111         4. The number of persons employed by the pretrial release
 1112  program.
 1113         5. The number of defendants assessed and interviewed for
 1114  pretrial release.
 1115         6. The number of defendants recommended for pretrial
 1116  release.
 1117         7. The number of defendants for whom the pretrial release
 1118  program recommended against nonsecured release.
 1119         8. The number of defendants granted nonsecured release
 1120  after the pretrial release program recommended nonsecured
 1121  release.
 1122         9. The number of defendants assessed and interviewed for
 1123  pretrial release who were declared indigent by the court.
 1124         10. The number of defendants accepted into a pretrial
 1125  release program who paid a surety or cash bail or bond.
 1126         11. The number of defendants for whom a risk assessment
 1127  tool was used in determining whether the defendant should be
 1128  released pending the disposition of the case and the number of
 1129  defendants for whom a risk assessment tool was not used.
 1130         12. The specific statutory citation for each criminal
 1131  charge related to a defendant whose case is accepted into a
 1132  pretrial release program, including, at a minimum, the number of
 1133  defendants charged with dangerous crimes as defined in s.
 1134  907.041; nonviolent felonies; or misdemeanors only. A
 1135  “nonviolent felony” for purposes of this subparagraph excludes
 1136  the commission of, an attempt to commit, or a conspiracy to
 1137  commit any of the following:
 1138         a. An offense enumerated in s. 775.084(1)(c);
 1139         b. An offense that requires a person to register as a
 1140  sexual predator in accordance with s. 775.21 or as a sexual
 1141  offender in accordance with s. 943.0435;
 1142         c. Failure to register as a sexual predator in violation of
 1143  s. 775.21 or as a sexual offender in violation of s. 943.0435;
 1144         d. Facilitating or furthering terrorism in violation of s.
 1145  775.31;
 1146         e. A forcible felony as described in s. 776.08;
 1147         f. False imprisonment in violation of s. 787.02;
 1148         g. Burglary of a dwelling or residence in violation of s.
 1149  810.02(3);
 1150         h. Abuse, aggravated abuse, and neglect of an elderly
 1151  person or disabled adult in violation of s. 825.102;
 1152         i. Abuse, aggravated abuse, and neglect of a child in
 1153  violation of s. 827.03;
 1154         j. Poisoning of food or water in violation of s. 859.01;
 1155         k. Abuse of a dead human body in violation of s. 872.06;
 1156         l. A capital offense in violation of chapter 893;
 1157         m. An offense that results in serious bodily injury or
 1158  death to another human; or
 1159         n. A felony offense in which the defendant used a weapon or
 1160  firearm in the commission of the offense.
 1161         13. The number of defendants accepted into a pretrial
 1162  release program with no prior criminal conviction.
 1163         14. The name and case number of each person granted
 1164  nonsecured release who:
 1165         a. Failed to attend a scheduled court appearance.
 1166         b. Was issued a warrant for failing to appear.
 1167         c. Was arrested for any offense while on release through
 1168  the pretrial release program.
 1169         15. Any additional information deemed necessary by the
 1170  governing body to assess the performance and cost efficiency of
 1171  the pretrial release program.
 1172         Section 25. For the purpose of incorporating the amendment
 1173  made by this act to section 943.0435, Florida Statutes, in a
 1174  reference thereto, subsection (2) of section 943.0436, Florida
 1175  Statutes, is reenacted to read:
 1176         943.0436 Duty of the court to uphold laws governing sexual
 1177  predators and sexual offenders.—
 1178         (2) If a person meets the criteria in chapter 775 for
 1179  designation as a sexual predator or meets the criteria in s.
 1180  943.0435, s. 944.606, s. 944.607, or any other law for
 1181  classification as a sexual offender, the court may not enter an
 1182  order, for the purpose of approving a plea agreement or for any
 1183  other reason, which:
 1184         (a) Exempts a person who meets the criteria for designation
 1185  as a sexual predator or classification as a sexual offender from
 1186  such designation or classification, or exempts such person from
 1187  the requirements for registration or community and public
 1188  notification imposed upon sexual predators and sexual offenders;
 1189         (b) Restricts the compiling, reporting, or release of
 1190  public records information that relates to sexual predators or
 1191  sexual offenders; or
 1192         (c) Prevents any person or entity from performing its
 1193  duties or operating within its statutorily conferred authority
 1194  as such duty or authority relates to sexual predators or sexual
 1195  offenders.
 1196         Section 26. For the purpose of incorporating the amendment
 1197  made by this act to section 943.0435, Florida Statutes, in a
 1198  reference thereto, subsection (2) of section 943.0584, Florida
 1199  Statutes, is reenacted to read:
 1200         943.0584 Criminal history records ineligible for court
 1201  ordered expunction or court-ordered sealing.—
 1202         (2) A criminal history record is ineligible for a
 1203  certificate of eligibility for expunction or a court-ordered
 1204  expunction pursuant to s. 943.0585 or a certificate of
 1205  eligibility for sealing or a court-ordered sealing pursuant to
 1206  s. 943.059 if the record is a conviction for any of the
 1207  following offenses:
 1208         (a) Sexual misconduct, as defined in s. 393.135, s.
 1209  394.4593, or s. 916.1075;
 1210         (b) Illegal use of explosives, as defined in chapter 552;
 1211         (c) Terrorism, as defined in s. 775.30;
 1212         (d) Murder, as defined in s. 782.04, s. 782.065, or s.
 1213  782.09;
 1214         (e) Manslaughter or homicide, as defined in s. 782.07, s.
 1215  782.071, or s. 782.072;
 1216         (f) Assault or battery, as defined in ss. 784.011 and
 1217  784.03, respectively, of one family or household member by
 1218  another family or household member, as defined in s. 741.28(3);
 1219         (g) Aggravated assault, as defined in s. 784.021;
 1220         (h) Felony battery, domestic battery by strangulation, or
 1221  aggravated battery, as defined in ss. 784.03, 784.041, and
 1222  784.045, respectively;
 1223         (i) Stalking or aggravated stalking, as defined in s.
 1224  784.048;
 1225         (j) Luring or enticing a child, as defined in s. 787.025;
 1226         (k) Human trafficking, as defined in s. 787.06;
 1227         (l) Kidnapping or false imprisonment, as defined in s.
 1228  787.01 or s. 787.02;
 1229         (m) Any offense defined in chapter 794;
 1230         (n) Procuring a person less than 18 years of age for
 1231  prostitution, as defined in former s. 796.03;
 1232         (o) Lewd or lascivious offenses committed upon or in the
 1233  presence of persons less than 16 years of age, as defined in s.
 1234  800.04;
 1235         (p) Arson, as defined in s. 806.01;
 1236         (q) Burglary of a dwelling, as defined in s. 810.02;
 1237         (r) Voyeurism or video voyeurism, as defined in ss. 810.14
 1238  and 810.145, respectively;
 1239         (s) Robbery or robbery by sudden snatching, as defined in
 1240  ss. 812.13 and 812.131, respectively;
 1241         (t) Carjacking, as defined in s. 812.133;
 1242         (u) Home-invasion robbery, as defined in s. 812.135;
 1243         (v) A violation of the Florida Communications Fraud Act, as
 1244  provided in s. 817.034;
 1245         (w) Abuse of an elderly person or disabled adult, or
 1246  aggravated abuse of an elderly person or disabled adult, as
 1247  defined in s. 825.102;
 1248         (x) Lewd or lascivious offenses committed upon or in the
 1249  presence of an elderly person or disabled person, as defined in
 1250  s. 825.1025;
 1251         (y) Child abuse or aggravated child abuse, as defined in s.
 1252  827.03;
 1253         (z) Sexual performance by a child, as defined in s.
 1254  827.071;
 1255         (aa) Any offense defined in chapter 839;
 1256         (bb) Certain acts in connection with obscenity, as defined
 1257  in s. 847.0133;
 1258         (cc) Any offense defined in s. 847.0135;
 1259         (dd) Selling or buying of minors, as defined in s.
 1260  847.0145;
 1261         (ee) Aircraft piracy, as defined in s. 860.16;
 1262         (ff) Manufacturing a controlled substance in violation of
 1263  chapter 893;
 1264         (gg) Drug trafficking, as defined in s. 893.135; or
 1265         (hh) Any violation specified as a predicate offense for
 1266  registration as a sexual predator pursuant to s. 775.21, or
 1267  sexual offender pursuant to s. 943.0435, without regard to
 1268  whether that offense alone is sufficient to require such
 1269  registration.
 1270         Section 27. For the purpose of incorporating the amendment
 1271  made by this act to section 943.0435, Florida Statutes, in
 1272  references thereto, paragraph (a) of subsection (4) and
 1273  paragraph (c) of subsection (10) of section 944.607, Florida
 1274  Statutes, are reenacted to read:
 1275         944.607 Notification to Department of Law Enforcement of
 1276  information on sexual offenders.—
 1277         (4) A sexual offender, as described in this section, who is
 1278  under the supervision of the Department of Corrections but is
 1279  not incarcerated shall register with the Department of
 1280  Corrections within 3 business days after sentencing for a
 1281  registrable offense and otherwise provide information as
 1282  required by this subsection.
 1283         (a) The sexual offender shall provide his or her name; date
 1284  of birth; social security number; race; sex; height; weight;
 1285  hair and eye color; tattoos or other identifying marks; all
 1286  electronic mail addresses and Internet identifiers required to
 1287  be provided pursuant to s. 943.0435(4)(e); employment
 1288  information required to be provided pursuant to s.
 1289  943.0435(4)(e); all home telephone numbers and cellular
 1290  telephone numbers required to be provided pursuant to s.
 1291  943.0435(4)(e); the make, model, color, vehicle identification
 1292  number (VIN), and license tag number of all vehicles owned;
 1293  permanent or legal residence and address of temporary residence
 1294  within the state or out of state while the sexual offender is
 1295  under supervision in this state, including any rural route
 1296  address or post office box; if no permanent or temporary
 1297  address, any transient residence within the state; and address,
 1298  location or description, and dates of any current or known
 1299  future temporary residence within the state or out of state. The
 1300  sexual offender shall also produce his or her passport, if he or
 1301  she has a passport, and, if he or she is an alien, shall produce
 1302  or provide information about documents establishing his or her
 1303  immigration status. The sexual offender shall also provide
 1304  information about any professional licenses he or she has. The
 1305  Department of Corrections shall verify the address of each
 1306  sexual offender in the manner described in ss. 775.21 and
 1307  943.0435. The department shall report to the Department of Law
 1308  Enforcement any failure by a sexual predator or sexual offender
 1309  to comply with registration requirements.
 1310         (10)
 1311         (c) An arrest on charges of failure to register when the
 1312  offender has been provided and advised of his or her statutory
 1313  obligations to register under s. 943.0435(2), the service of an
 1314  information or a complaint for a violation of this section, or
 1315  an arraignment on charges for a violation of this section
 1316  constitutes actual notice of the duty to register. A sexual
 1317  offender’s failure to immediately register as required by this
 1318  section following such arrest, service, or arraignment
 1319  constitutes grounds for a subsequent charge of failure to
 1320  register. A sexual offender charged with the crime of failure to
 1321  register who asserts, or intends to assert, a lack of notice of
 1322  the duty to register as a defense to a charge of failure to
 1323  register shall immediately register as required by this section.
 1324  A sexual offender who is charged with a subsequent failure to
 1325  register may not assert the defense of a lack of notice of the
 1326  duty to register.
 1327         Section 28. For the purpose of incorporating the amendment
 1328  made by this act to section 943.0435, Florida Statutes, in a
 1329  reference thereto, subsection (4) of section 948.06, Florida
 1330  Statutes, is reenacted to read:
 1331         948.06 Violation of probation or community control;
 1332  revocation; modification; continuance; failure to pay
 1333  restitution or cost of supervision.—
 1334         (4) Notwithstanding any other provision of this section, a
 1335  felony probationer or an offender in community control who is
 1336  arrested for violating his or her probation or community control
 1337  in a material respect may be taken before the court in the
 1338  county or circuit in which the probationer or offender was
 1339  arrested. That court shall advise him or her of the charge of a
 1340  violation and, if such charge is admitted, shall cause him or
 1341  her to be brought before the court that granted the probation or
 1342  community control. If the violation is not admitted by the
 1343  probationer or offender, the court may commit him or her or
 1344  release him or her with or without bail to await further
 1345  hearing. However, if the probationer or offender is under
 1346  supervision for any criminal offense proscribed in chapter 794,
 1347  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
 1348  registered sexual predator or a registered sexual offender, or
 1349  is under supervision for a criminal offense for which he or she
 1350  would meet the registration criteria in s. 775.21, s. 943.0435,
 1351  or s. 944.607 but for the effective date of those sections, the
 1352  court must make a finding that the probationer or offender is
 1353  not a danger to the public prior to release with or without
 1354  bail. In determining the danger posed by the offender’s or
 1355  probationer’s release, the court may consider the nature and
 1356  circumstances of the violation and any new offenses charged; the
 1357  offender’s or probationer’s past and present conduct, including
 1358  convictions of crimes; any record of arrests without conviction
 1359  for crimes involving violence or sexual crimes; any other
 1360  evidence of allegations of unlawful sexual conduct or the use of
 1361  violence by the offender or probationer; the offender’s or
 1362  probationer’s family ties, length of residence in the community,
 1363  employment history, and mental condition; his or her history and
 1364  conduct during the probation or community control supervision
 1365  from which the violation arises and any other previous
 1366  supervisions, including disciplinary records of previous
 1367  incarcerations; the likelihood that the offender or probationer
 1368  will engage again in a criminal course of conduct; the weight of
 1369  the evidence against the offender or probationer; and any other
 1370  facts the court considers relevant. The court, as soon as is
 1371  practicable, shall give the probationer or offender an
 1372  opportunity to be fully heard on his or her behalf in person or
 1373  by counsel. After the hearing, the court shall make findings of
 1374  fact and forward the findings to the court that granted the
 1375  probation or community control and to the probationer or
 1376  offender or his or her attorney. The findings of fact by the
 1377  hearing court are binding on the court that granted the
 1378  probation or community control. Upon the probationer or offender
 1379  being brought before it, the court that granted the probation or
 1380  community control may revoke, modify, or continue the probation
 1381  or community control or may place the probationer into community
 1382  control as provided in this section. However, the probationer or
 1383  offender shall not be released and shall not be admitted to
 1384  bail, but shall be brought before the court that granted the
 1385  probation or community control if any violation of felony
 1386  probation or community control other than a failure to pay costs
 1387  or fines or make restitution payments is alleged to have been
 1388  committed by:
 1389         (a) A violent felony offender of special concern, as
 1390  defined in this section;
 1391         (b) A person who is on felony probation or community
 1392  control for any offense committed on or after the effective date
 1393  of this act and who is arrested for a qualifying offense as
 1394  defined in this section; or
 1395         (c) A person who is on felony probation or community
 1396  control and has previously been found by a court to be a
 1397  habitual violent felony offender as defined in s. 775.084(1)(b),
 1398  a three-time violent felony offender as defined in s.
 1399  775.084(1)(c), or a sexual predator under s. 775.21, and who is
 1400  arrested for committing a qualifying offense as defined in this
 1401  section on or after the effective date of this act.
 1402         Section 29. For the purpose of incorporating the amendment
 1403  made by this act to section 943.0435, Florida Statutes, in a
 1404  reference thereto, section 948.063, Florida Statutes, is
 1405  reenacted to read:
 1406         948.063 Violations of probation or community control by
 1407  designated sexual offenders and sexual predators.—
 1408         (1) If probation or community control for any felony
 1409  offense is revoked by the court pursuant to s. 948.06(2)(e) and
 1410  the offender is designated as a sexual offender pursuant to s.
 1411  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
 1412  775.21 for unlawful sexual activity involving a victim 15 years
 1413  of age or younger and the offender is 18 years of age or older,
 1414  and if the court imposes a subsequent term of supervision
 1415  following the revocation of probation or community control, the
 1416  court must order electronic monitoring as a condition of the
 1417  subsequent term of probation or community control.
 1418         (2) If the probationer or offender is required to register
 1419  as a sexual predator under s. 775.21 or as a sexual offender
 1420  under s. 943.0435 or s. 944.607 for unlawful sexual activity
 1421  involving a victim 15 years of age or younger and the
 1422  probationer or offender is 18 years of age or older and has
 1423  violated the conditions of his or her probation or community
 1424  control, but the court does not revoke the probation or
 1425  community control, the court shall nevertheless modify the
 1426  probation or community control to include electronic monitoring
 1427  for any probationer or offender not then subject to electronic
 1428  monitoring.
 1429         Section 30. For the purpose of incorporating the amendment
 1430  made by this act to section 943.0435, Florida Statutes, in a
 1431  reference thereto, section 948.31, Florida Statutes, is
 1432  reenacted to read:
 1433         948.31 Evaluation and treatment of sexual predators and
 1434  offenders on probation or community control.—The court may
 1435  require any probationer or community controllee who is required
 1436  to register as a sexual predator under s. 775.21 or sexual
 1437  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
 1438  an evaluation, at the probationer or community controllee’s
 1439  expense, by a qualified practitioner to determine whether such
 1440  probationer or community controllee needs sexual offender
 1441  treatment. If the qualified practitioner determines that sexual
 1442  offender treatment is needed and recommends treatment, the
 1443  probationer or community controllee must successfully complete
 1444  and pay for the treatment. Such treatment must be obtained from
 1445  a qualified practitioner as defined in s. 948.001. Treatment may
 1446  not be administered by a qualified practitioner who has been
 1447  convicted or adjudicated delinquent of committing, or
 1448  attempting, soliciting, or conspiring to commit, any offense
 1449  that is listed in s. 943.0435(1)(h)1.a.(I).
 1450         Section 31. For the purpose of incorporating the amendment
 1451  made by this act to section 943.0435, Florida Statutes, in
 1452  references thereto, subsection (9) and paragraph (c) of
 1453  subsection (10) of section 985.4815, Florida Statutes, are
 1454  reenacted to read:
 1455         985.4815 Notification to Department of Law Enforcement of
 1456  information on juvenile sexual offenders.—
 1457         (9) A sexual offender, as described in this section, who is
 1458  under the care, jurisdiction, or supervision of the department
 1459  but who is not incarcerated shall, in addition to the
 1460  registration requirements provided in subsection (4), register
 1461  in the manner provided in s. 943.0435(3), (4), and (5), unless
 1462  the sexual offender is a sexual predator, in which case he or
 1463  she shall register as required under s. 775.21. A sexual
 1464  offender who fails to comply with the requirements of s.
 1465  943.0435 is subject to the penalties provided in s. 943.0435(9).
 1466         (10)
 1467         (c) An arrest on charges of failure to register when the
 1468  offender has been provided and advised of his or her statutory
 1469  obligations to register under s. 943.0435(2), the service of an
 1470  information or a complaint for a violation of this section, or
 1471  an arraignment on charges for a violation of this section
 1472  constitutes actual notice of the duty to register. A sexual
 1473  offender’s failure to immediately register as required by this
 1474  section following such arrest, service, or arraignment
 1475  constitutes grounds for a subsequent charge of failure to
 1476  register. A sexual offender charged with the crime of failure to
 1477  register who asserts, or intends to assert, a lack of notice of
 1478  the duty to register as a defense to a charge of failure to
 1479  register shall immediately register as required by this section.
 1480  A sexual offender who is charged with a subsequent failure to
 1481  register may not assert the defense of a lack of notice of the
 1482  duty to register.
 1483         Section 32. For the purpose of incorporating the amendment
 1484  made by this act to section 943.0435, Florida Statutes, in a
 1485  reference thereto, paragraph (g) of subsection (2) of section
 1486  1012.467, Florida Statutes, is reenacted to read:
 1487         1012.467 Noninstructional contractors who are permitted
 1488  access to school grounds when students are present; background
 1489  screening requirements.—
 1490         (2)
 1491         (g) A noninstructional contractor for whom a criminal
 1492  history check is required under this section may not have been
 1493  convicted of any of the following offenses designated in the
 1494  Florida Statutes, any similar offense in another jurisdiction,
 1495  or any similar offense committed in this state which has been
 1496  redesignated from a former provision of the Florida Statutes to
 1497  one of the following offenses:
 1498         1. Any offense listed in s. 943.0435(1)(h)1., relating to
 1499  the registration of an individual as a sexual offender.
 1500         2. Section 393.135, relating to sexual misconduct with
 1501  certain developmentally disabled clients and the reporting of
 1502  such sexual misconduct.
 1503         3. Section 394.4593, relating to sexual misconduct with
 1504  certain mental health patients and the reporting of such sexual
 1505  misconduct.
 1506         4. Section 775.30, relating to terrorism.
 1507         5. Section 782.04, relating to murder.
 1508         6. Section 787.01, relating to kidnapping.
 1509         7. Any offense under chapter 800, relating to lewdness and
 1510  indecent exposure.
 1511         8. Section 826.04, relating to incest.
 1512         9. Section 827.03, relating to child abuse, aggravated
 1513  child abuse, or neglect of a child.
 1514         Section 33. For the purpose of incorporating the amendments
 1515  made by this act to sections 775.21 and 943.0435, Florida
 1516  Statutes, in references thereto, subsection (6) of section
 1517  68.07, Florida Statutes, is reenacted to read:
 1518         68.07 Change of name.—
 1519         (6) The clerk of the court must, within 5 business days
 1520  after the filing of the final judgment, send a report of the
 1521  judgment to the Department of Law Enforcement on a form to be
 1522  furnished by that department. If the petitioner is required to
 1523  register as a sexual predator or a sexual offender pursuant to
 1524  s. 775.21 or s. 943.0435, the clerk of court shall
 1525  electronically notify the Department of Law Enforcement of the
 1526  name change, in a manner prescribed by that department, within 2
 1527  business days after the filing of the final judgment. The
 1528  Department of Law Enforcement must send a copy of the report to
 1529  the Department of Highway Safety and Motor Vehicles, which may
 1530  be delivered by electronic transmission. The report must contain
 1531  sufficient information to identify the petitioner, including the
 1532  results of the criminal history records check if applicable, the
 1533  new name of the petitioner, and the file number of the judgment.
 1534  The Department of Highway Safety and Motor Vehicles shall
 1535  monitor the records of any sexual predator or sexual offender
 1536  whose name has been provided to it by the Department of Law
 1537  Enforcement. If the sexual predator or sexual offender does not
 1538  obtain a replacement driver license or identification card
 1539  within the required time as specified in s. 775.21 or s.
 1540  943.0435, the Department of Highway Safety and Motor Vehicles
 1541  shall notify the Department of Law Enforcement. The Department
 1542  of Law Enforcement shall notify applicable law enforcement
 1543  agencies of the predator’s or offender’s failure to comply with
 1544  registration requirements. Any information retained by the
 1545  Department of Law Enforcement and the Department of Highway
 1546  Safety and Motor Vehicles may be revised or supplemented by said
 1547  departments to reflect changes made by the final judgment. With
 1548  respect to a person convicted of a felony in another state or of
 1549  a federal offense, the Department of Law Enforcement must send
 1550  the report to the respective state’s office of law enforcement
 1551  records or to the office of the Federal Bureau of Investigation.
 1552  The Department of Law Enforcement may forward the report to any
 1553  other law enforcement agency it believes may retain information
 1554  related to the petitioner.
 1555         Section 34. For the purpose of incorporating the amendments
 1556  made by this act to sections 775.21 and 943.0435, Florida
 1557  Statutes, in references thereto, subsection (4) of section
 1558  320.02, Florida Statutes, is reenacted to read:
 1559         320.02 Registration required; application for registration;
 1560  forms.—
 1561         (4) Except as provided in ss. 775.21, 775.261, 943.0435,
 1562  944.607, and 985.4815, the owner of any motor vehicle registered
 1563  in the state shall notify the department in writing of any
 1564  change of address within 30 days of such change. The
 1565  notification shall include the registration license plate
 1566  number, the vehicle identification number (VIN) or title
 1567  certificate number, year of vehicle make, and the owner’s full
 1568  name.
 1569         Section 35. For the purpose of incorporating the amendments
 1570  made by this act to sections 775.21 and 943.0435, Florida
 1571  Statutes, in references thereto, subsections (1) and (2) of
 1572  section 322.19, Florida Statutes, are reenacted to read:
 1573         322.19 Change of address or name.—
 1574         (1) Except as provided in ss. 775.21, 775.261, 943.0435,
 1575  944.607, and 985.4815, whenever any person, after applying for
 1576  or receiving a driver license or identification card, changes
 1577  his or her legal name, that person must within 30 days
 1578  thereafter obtain a replacement license or card that reflects
 1579  the change.
 1580         (2) If a person, after applying for or receiving a driver
 1581  license or identification card, changes the legal residence or
 1582  mailing address in the application, license, or card, the person
 1583  must, within 30 calendar days after making the change, obtain a
 1584  replacement license or card that reflects the change. A written
 1585  request to the department must include the old and new addresses
 1586  and the driver license or identification card number. Any person
 1587  who has a valid, current student identification card issued by
 1588  an educational institution in this state is presumed not to have
 1589  changed his or her legal residence or mailing address. This
 1590  subsection does not affect any person required to register a
 1591  permanent or temporary address change pursuant to s. 775.13, s.
 1592  775.21, s. 775.25, or s. 943.0435.
 1593         Section 36. For the purpose of incorporating the amendments
 1594  made by this act to section 775.21 and 943.0435, Florida
 1595  Statutes, in references thereto, section 775.25, Florida
 1596  Statutes, is reenacted to read:
 1597         775.25 Prosecutions for acts or omissions.—A sexual
 1598  predator or sexual offender who commits any act or omission in
 1599  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
 1600  944.607, or former s. 947.177 may be prosecuted for the act or
 1601  omission in the county in which the act or omission was
 1602  committed, in the county of the last registered address of the
 1603  sexual predator or sexual offender, in the county in which the
 1604  conviction occurred for the offense or offenses that meet the
 1605  criteria for designating a person as a sexual predator or sexual
 1606  offender, in the county where the sexual predator or sexual
 1607  offender was released from incarceration, or in the county of
 1608  the intended address of the sexual predator or sexual offender
 1609  as reported by the predator or offender prior to his or her
 1610  release from incarceration. In addition, a sexual predator may
 1611  be prosecuted for any such act or omission in the county in
 1612  which he or she was designated a sexual predator.
 1613         Section 37. For the purpose of incorporating the amendments
 1614  made by this act to section 775.21 and 943.0435, Florida
 1615  Statutes, in references thereto, subsection (1) of section
 1616  794.056, Florida Statutes, is reenacted to read:
 1617         794.056 Rape Crisis Program Trust Fund.—
 1618         (1) The Rape Crisis Program Trust Fund is created within
 1619  the Department of Health for the purpose of providing funds for
 1620  rape crisis centers in this state. Trust fund moneys shall be
 1621  used exclusively for the purpose of providing services for
 1622  victims of sexual assault. Funds credited to the trust fund
 1623  consist of those funds collected as an additional court
 1624  assessment in each case in which a defendant pleads guilty or
 1625  nolo contendere to, or is found guilty of, regardless of
 1626  adjudication, an offense provided in s. 775.21(6) and (10)(a),
 1627  (b), and (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s.
 1628  784.045; s. 784.048; s. 784.07; s. 784.08; s. 784.081; s.
 1629  784.082; s. 784.083; s. 784.085; s. 787.01(3); s. 787.02(3); s.
 1630  787.025; s. 787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08;
 1631  former s. 796.03; former s. 796.035; s. 796.04; s. 796.05; s.
 1632  796.06; s. 796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s.
 1633  810.14; s. 810.145; s. 812.135; s. 817.025; s. 825.102; s.
 1634  825.1025; s. 827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s.
 1635  847.0137; s. 847.0145; s. 943.0435(4)(c), (7), (8), (9)(a),
 1636  (13), and (14)(c); or s. 985.701(1). Funds credited to the trust
 1637  fund also shall include revenues provided by law, moneys
 1638  appropriated by the Legislature, and grants from public or
 1639  private entities.
 1640         Section 38. For the purpose of incorporating the amendments
 1641  made by this act to sections 775.21 and 943.0435, Florida
 1642  Statutes, in references thereto, section 938.085, Florida
 1643  Statutes, is reenacted to read:
 1644         938.085 Additional cost to fund rape crisis centers.—In
 1645  addition to any sanction imposed when a person pleads guilty or
 1646  nolo contendere to, or is found guilty of, regardless of
 1647  adjudication, a violation of s. 775.21(6) and (10)(a), (b), and
 1648  (g); s. 784.011; s. 784.021; s. 784.03; s. 784.041; s. 784.045;
 1649  s. 784.048; s. 784.07; s. 784.08; s. 784.081; s. 784.082; s.
 1650  784.083; s. 784.085; s. 787.01(3); s. 787.02(3); 787.025; s.
 1651  787.06; s. 787.07; s. 794.011; s. 794.05; s. 794.08; former s.
 1652  796.03; former s. 796.035; s. 796.04; s. 796.05; s. 796.06; s.
 1653  796.07(2)(a)-(d) and (i); s. 800.03; s. 800.04; s. 810.14; s.
 1654  810.145; s. 812.135; s. 817.025; s. 825.102; s. 825.1025; s.
 1655  827.071; s. 836.10; s. 847.0133; s. 847.0135(2); s. 847.0137; s.
 1656  847.0145; s. 943.0435(4)(c), (7), (8), (9)(a), (13), and
 1657  (14)(c); or s. 985.701(1), the court shall impose a surcharge of
 1658  $151. Payment of the surcharge shall be a condition of
 1659  probation, community control, or any other court-ordered
 1660  supervision. The sum of $150 of the surcharge shall be deposited
 1661  into the Rape Crisis Program Trust Fund established within the
 1662  Department of Health by chapter 2003-140, Laws of Florida. The
 1663  clerk of the court shall retain $1 of each surcharge that the
 1664  clerk of the court collects as a service charge of the clerk’s
 1665  office.
 1666         Section 39. For the purpose of incorporating the amendments
 1667  made by this act to sections 775.21 and 943.0435, Florida
 1668  Statutes, in references thereto, subsection (1) of section
 1669  938.10, Florida Statutes, is reenacted to read:
 1670         938.10 Additional court cost imposed in cases of certain
 1671  crimes.—
 1672         (1) If a person pleads guilty or nolo contendere to, or is
 1673  found guilty of, regardless of adjudication, any offense against
 1674  a minor in violation of s. 784.085, chapter 787, chapter 794,
 1675  former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
 1676  847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
 1677  s. 893.147(3), or s. 985.701, or any offense in violation of s.
 1678  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
 1679  court shall impose a court cost of $151 against the offender in
 1680  addition to any other cost or penalty required by law.
 1681         Section 40. For the purpose of incorporating the amendments
 1682  made by this act to sections 775.21 and 943.0435, Florida
 1683  Statutes, in references thereto, paragraph (a) of subsection (4)
 1684  and subsection (9) of section 944.607, Florida Statutes, are
 1685  reenacted to read:
 1686         944.607 Notification to Department of Law Enforcement of
 1687  information on sexual offenders.—
 1688         (4) A sexual offender, as described in this section, who is
 1689  under the supervision of the Department of Corrections but is
 1690  not incarcerated shall register with the Department of
 1691  Corrections within 3 business days after sentencing for a
 1692  registrable offense and otherwise provide information as
 1693  required by this subsection.
 1694         (a) The sexual offender shall provide his or her name; date
 1695  of birth; social security number; race; sex; height; weight;
 1696  hair and eye color; tattoos or other identifying marks; all
 1697  electronic mail addresses and Internet identifiers required to
 1698  be provided pursuant to s. 943.0435(4)(e); employment
 1699  information required to be provided pursuant to s.
 1700  943.0435(4)(e); all home telephone numbers and cellular
 1701  telephone numbers required to be provided pursuant to s.
 1702  943.0435(4)(e); the make, model, color, vehicle identification
 1703  number (VIN), and license tag number of all vehicles owned;
 1704  permanent or legal residence and address of temporary residence
 1705  within the state or out of state while the sexual offender is
 1706  under supervision in this state, including any rural route
 1707  address or post office box; if no permanent or temporary
 1708  address, any transient residence within the state; and address,
 1709  location or description, and dates of any current or known
 1710  future temporary residence within the state or out of state. The
 1711  sexual offender shall also produce his or her passport, if he or
 1712  she has a passport, and, if he or she is an alien, shall produce
 1713  or provide information about documents establishing his or her
 1714  immigration status. The sexual offender shall also provide
 1715  information about any professional licenses he or she has. The
 1716  Department of Corrections shall verify the address of each
 1717  sexual offender in the manner described in ss. 775.21 and
 1718  943.0435. The department shall report to the Department of Law
 1719  Enforcement any failure by a sexual predator or sexual offender
 1720  to comply with registration requirements.
 1721         (9) A sexual offender, as described in this section, who is
 1722  under the supervision of the Department of Corrections but who
 1723  is not incarcerated shall, in addition to the registration
 1724  requirements provided in subsection (4), register and obtain a
 1725  distinctive driver license or identification card in the manner
 1726  provided in s. 943.0435(3), (4), and (5), unless the sexual
 1727  offender is a sexual predator, in which case he or she shall
 1728  register and obtain a distinctive driver license or
 1729  identification card as required under s. 775.21. A sexual
 1730  offender who fails to comply with the requirements of s.
 1731  943.0435 is subject to the penalties provided in s. 943.0435(9).
 1732         Section 41. For the purpose of incorporating the amendments
 1733  made by this act to sections 775.21 and 943.0435, Florida
 1734  Statutes, in references thereto, paragraph (b) of subsection (6)
 1735  of section 985.04, Florida Statutes, is reenacted to read:
 1736         985.04 Oaths; records; confidential information.—
 1737         (6)
 1738         (b) Sexual offender and predator registration information
 1739  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
 1740  and 985.4815 is a public record pursuant to s. 119.07(1) and as
 1741  otherwise provided by law.
 1742         Section 42. This act shall take effect upon becoming a law.