CS for CS for SB 234                             First Engrossed
       
       
       
       
       
       
       
       
       2021234e1
       
    1                        A bill to be entitled                      
    2         An act relating to sexual offender registration;
    3         providing legislative intent; amending s. 943.0435,
    4         F.S.; redefining the term “sexual offender”;
    5         reenacting ss. 61.13(9)(c), 68.07(3)(i) and (6),
    6         98.0751(2)(b), 320.02(4), 322.141(3), 322.19(1) and
    7         (2), 394.9125(2), 397.487(10)(b), 435.07(4)(b),
    8         775.0862(2), 775.13(4), 775.21(5)(d) and (10)(d),
    9         775.24(2), 775.25, 775.261(3)(b), 900.05(2)(cc),
   10         903.046(2)(m), 903.133, 907.043(4)(b), 938.10(1),
   11         943.0436(2), 943.0584(2), 944.607(4)(a) and (9),
   12         948.06(4), 948.063, 948.31, 985.04(6)(b), 985.4815(9)
   13         and (10)(c), and 1012.467(2)(g), F.S., relating to
   14         support of children, parenting and time-sharing, and
   15         powers of court; change of name; restoration of voting
   16         rights and termination of ineligibility subsequent to
   17         a felony conviction; registration required,
   18         application for registration, and forms; color or
   19         markings of certain licenses or identification cards;
   20         change of address or name; state attorneys and the
   21         authority to refer a person for civil commitment;
   22         voluntary certification of recovery residences;
   23         exemptions from disqualification; sexual offenses
   24         against students by authority figures and
   25         reclassification; registration of convicted felons,
   26         exemptions, and penalties; the Florida Sexual
   27         Predators Act; duty of the court to uphold laws
   28         governing sexual predators and sexual offenders;
   29         prosecutions for acts or omissions; the Florida Career
   30         Offender Registration Act; criminal justice data
   31         collection; purpose of and criteria for bail
   32         determination; bail on appeal, prohibited for certain
   33         felony convictions; pretrial release, citizens’ right
   34         to know; additional court cost imposed in cases of
   35         certain crimes; duty of the court to uphold laws
   36         governing sexual predators and sexual offenders;
   37         criminal history records ineligible for court-ordered
   38         expunction or court-ordered sealing; notification to
   39         the department of information on sexual offenders;
   40         violation of probation or community control,
   41         revocation, modification, continuance, and failure to
   42         pay restitution or cost of supervision; violations of
   43         probation or community control by designated sexual
   44         offenders and sexual predators; evaluation and
   45         treatment of sexual predators and offenders on
   46         probation or community control; oaths, records, and
   47         confidential information; notification to Department
   48         of Law Enforcement of information on juvenile sexual
   49         offenders; and noninstructional contractors who are
   50         permitted access to school grounds when students are
   51         present and background screening requirements,
   52         respectively, to incorporate the amendment made to s.
   53         943.0435, F.S., in references thereto; providing an
   54         effective date.
   55          
   56  Be It Enacted by the Legislature of the State of Florida:
   57  
   58         Section 1. The Legislature finds that the opinion in State
   59  v. James, 298 So. 3d 90 (Fla. 2d DCA 2020), is contrary to
   60  legislative intent and that a person’s failure to pay a fine
   61  does not relieve him or her of the requirement to register as a
   62  sexual offender pursuant to s. 943.0435, Florida Statutes. The
   63  Legislature intends that a person must register as a sexual
   64  offender pursuant to s. 943.0435, Florida Statutes, when he or
   65  she has been convicted of a qualifying offense and, on or after
   66  October 1, 1997, has:
   67         (1) No sanction imposed upon conviction; or
   68         (2) Been released from a sanction imposed upon conviction.
   69         Section 2. Paragraph (h) of subsection (1) of section
   70  943.0435, Florida Statutes, is amended to read:
   71         943.0435 Sexual offenders required to register with the
   72  department; penalty.—
   73         (1) As used in this section, the term:
   74         (h)1. “Sexual offender” means a person who meets the
   75  criteria in sub-subparagraph a., sub-subparagraph b., sub
   76  subparagraph c., or sub-subparagraph d., as follows:
   77         a.(I) Has been convicted of committing, or attempting,
   78  soliciting, or conspiring to commit, any of the criminal
   79  offenses proscribed in the following statutes in this state or
   80  similar offenses in another jurisdiction: s. 393.135(2); s.
   81  394.4593(2); s. 787.01, s. 787.02, or s. 787.025(2)(c), where
   82  the victim is a minor; s. 787.06(3)(b), (d), (f), or (g); former
   83  s. 787.06(3)(h); s. 794.011, excluding s. 794.011(10); s.
   84  794.05; former s. 796.03; former s. 796.035; s. 800.04; s.
   85  810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135,
   86  excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145;
   87  s. 895.03, if the court makes a written finding that the
   88  racketeering activity involved at least one sexual offense
   89  listed in this sub-sub-subparagraph or at least one offense
   90  listed in this sub-sub-subparagraph with sexual intent or
   91  motive; s. 916.1075(2); or s. 985.701(1); or any similar offense
   92  committed in this state which has been redesignated from a
   93  former statute number to one of those listed in this sub-sub
   94  subparagraph; and
   95         (II) Has been released on or after October 1, 1997, from a
   96  the sanction imposed for any conviction of an offense described
   97  in sub-sub-subparagraph (I) and does not otherwise meet the
   98  criteria for registration as a sexual offender under chapter 944
   99  or chapter 985. For purposes of this sub-sub-subparagraph (I), a
  100  sanction imposed in this state or in any other jurisdiction
  101  means includes, but is not limited to, a fine, probation,
  102  community control, parole, conditional release, control release,
  103  or incarceration in a state prison, federal prison, private
  104  correctional facility, or local detention facility. If no
  105  sanction is imposed the person is deemed to be released upon
  106  conviction;
  107         b. Establishes or maintains a residence in this state and
  108  who has not been designated as a sexual predator by a court of
  109  this state but who has been designated as a sexual predator, as
  110  a sexually violent predator, or by another sexual offender
  111  designation in another state or jurisdiction and was, as a
  112  result of such designation, subjected to registration or
  113  community or public notification, or both, or would be if the
  114  person were a resident of that state or jurisdiction, without
  115  regard to whether the person otherwise meets the criteria for
  116  registration as a sexual offender;
  117         c. Establishes or maintains a residence in this state who
  118  is in the custody or control of, or under the supervision of,
  119  any other state or jurisdiction as a result of a conviction for
  120  committing, or attempting, soliciting, or conspiring to commit,
  121  any of the criminal offenses proscribed in the following
  122  statutes or similar offense in another jurisdiction: s.
  123  393.135(2); s. 394.4593(2); s. 787.01, s. 787.02, or s.
  124  787.025(2)(c), where the victim is a minor; s. 787.06(3)(b),
  125  (d), (f), or (g); former s. 787.06(3)(h); s. 794.011, excluding
  126  s. 794.011(10); s. 794.05; former s. 796.03; former s. 796.035;
  127  s. 800.04; s. 810.145(8); s. 825.1025; s. 827.071; s. 847.0133;
  128  s. 847.0135, excluding s. 847.0135(6); s. 847.0137; s. 847.0138;
  129  s. 847.0145; s. 895.03, if the court makes a written finding
  130  that the racketeering activity involved at least one sexual
  131  offense listed in this sub-subparagraph or at least one offense
  132  listed in this sub-subparagraph with sexual intent or motive; s.
  133  916.1075(2); or s. 985.701(1); or any similar offense committed
  134  in this state which has been redesignated from a former statute
  135  number to one of those listed in this sub-subparagraph; or
  136         d. On or after July 1, 2007, has been adjudicated
  137  delinquent for committing, or attempting, soliciting, or
  138  conspiring to commit, any of the criminal offenses proscribed in
  139  the following statutes in this state or similar offenses in
  140  another jurisdiction when the juvenile was 14 years of age or
  141  older at the time of the offense:
  142         (I) Section 794.011, excluding s. 794.011(10);
  143         (II) Section 800.04(4)(a)2. where the victim is under 12
  144  years of age or where the court finds sexual activity by the use
  145  of force or coercion;
  146         (III) Section 800.04(5)(c)1. where the court finds
  147  molestation involving unclothed genitals;
  148         (IV) Section 800.04(5)(d) where the court finds the use of
  149  force or coercion and unclothed genitals; or
  150         (V) Any similar offense committed in this state which has
  151  been redesignated from a former statute number to one of those
  152  listed in this sub-subparagraph.
  153         2. For all qualifying offenses listed in sub-subparagraph
  154  1.d., the court shall make a written finding of the age of the
  155  offender at the time of the offense.
  156  
  157  For each violation of a qualifying offense listed in this
  158  subsection, except for a violation of s. 794.011, the court
  159  shall make a written finding of the age of the victim at the
  160  time of the offense. For a violation of s. 800.04(4), the court
  161  shall also make a written finding indicating whether the offense
  162  involved sexual activity and indicating whether the offense
  163  involved force or coercion. For a violation of s. 800.04(5), the
  164  court shall also make a written finding that the offense did or
  165  did not involve unclothed genitals or genital area and that the
  166  offense did or did not involve the use of force or coercion.
  167         Section 3. For the purpose of incorporating the amendment
  168  made by this act to section 943.0435, Florida Statutes, in a
  169  reference thereto, paragraph (c) of subsection (9) of section
  170  61.13, Florida Statutes, is reenacted to read:
  171         61.13 Support of children; parenting and time-sharing;
  172  powers of court.—
  173         (9)
  174         (c) A court may not order visitation at a recovery
  175  residence if any resident of the recovery residence is currently
  176  required to register as a sexual predator under s. 775.21 or as
  177  a sexual offender under s. 943.0435.
  178         Section 4. For the purpose of incorporating the amendment
  179  made by this act to section 943.0435, Florida Statutes, in a
  180  reference thereto, paragraph (i) of subsection (3) and
  181  subsection (6) of section 68.07, Florida Statutes, are reenacted
  182  to read:
  183         68.07 Change of name.—
  184         (3) Each petition shall be verified and show:
  185         (i) Whether the petitioner has ever been required to
  186  register as a sexual predator under s. 775.21 or as a sexual
  187  offender under s. 943.0435.
  188         (6) The clerk of the court must, within 5 business days
  189  after the filing of the final judgment, send a report of the
  190  judgment to the Department of Law Enforcement on a form to be
  191  furnished by that department. If the petitioner is required to
  192  register as a sexual predator or a sexual offender pursuant to
  193  s. 775.21 or s. 943.0435, the clerk of court shall
  194  electronically notify the Department of Law Enforcement of the
  195  name change, in a manner prescribed by that department, within 2
  196  business days after the filing of the final judgment. The
  197  Department of Law Enforcement must send a copy of the report to
  198  the Department of Highway Safety and Motor Vehicles, which may
  199  be delivered by electronic transmission. The report must contain
  200  sufficient information to identify the petitioner, including the
  201  results of the criminal history records check if applicable, the
  202  new name of the petitioner, and the file number of the judgment.
  203  The Department of Highway Safety and Motor Vehicles shall
  204  monitor the records of any sexual predator or sexual offender
  205  whose name has been provided to it by the Department of Law
  206  Enforcement. If the sexual predator or sexual offender does not
  207  obtain a replacement driver license or identification card
  208  within the required time as specified in s. 775.21 or s.
  209  943.0435, the Department of Highway Safety and Motor Vehicles
  210  shall notify the Department of Law Enforcement. The Department
  211  of Law Enforcement shall notify applicable law enforcement
  212  agencies of the predator’s or offender’s failure to comply with
  213  registration requirements. Any information retained by the
  214  Department of Law Enforcement and the Department of Highway
  215  Safety and Motor Vehicles may be revised or supplemented by said
  216  departments to reflect changes made by the final judgment. With
  217  respect to a person convicted of a felony in another state or of
  218  a federal offense, the Department of Law Enforcement must send
  219  the report to the respective state’s office of law enforcement
  220  records or to the office of the Federal Bureau of Investigation.
  221  The Department of Law Enforcement may forward the report to any
  222  other law enforcement agency it believes may retain information
  223  related to the petitioner.
  224         Section 5. For the purpose of incorporating the amendment
  225  made by this act to section 943.0435, Florida Statutes, in a
  226  reference thereto, paragraph (b) of subsection (2) of section
  227  98.0751, Florida Statutes, is reenacted to read:
  228         98.0751 Restoration of voting rights; termination of
  229  ineligibility subsequent to a felony conviction.—
  230         (2) For purposes of this section, the term:
  231         (b) “Felony sexual offense” means any of the following:
  232         1. Any felony offense that serves as a predicate to
  233  registration as a sexual offender in accordance with s.
  234  943.0435;
  235         2. Section 491.0112;
  236         3. Section 784.049(3)(b);
  237         4. Section 794.08;
  238         5. Section 796.08;
  239         6. Section 800.101;
  240         7. Section 826.04;
  241         8. Section 847.012;
  242         9. Section 872.06(2);
  243         10. Section 944.35(3)(b)2.;
  244         11. Section 951.221(1); or
  245         12. Any similar offense committed in another jurisdiction
  246  which would be an offense listed in this paragraph if it had
  247  been committed in violation of the laws of this state.
  248         Section 6. For the purpose of incorporating the amendment
  249  made by this act to section 943.0435, Florida Statutes, in a
  250  reference thereto, subsection (4) of section 320.02, Florida
  251  Statutes, is reenacted to read:
  252         320.02 Registration required; application for registration;
  253  forms.—
  254         (4) Except as provided in ss. 775.21, 775.261, 943.0435,
  255  944.607, and 985.4815, the owner of any motor vehicle registered
  256  in the state shall notify the department in writing of any
  257  change of address within 30 days of such change. The
  258  notification shall include the registration license plate
  259  number, the vehicle identification number (VIN) or title
  260  certificate number, year of vehicle make, and the owner’s full
  261  name.
  262         Section 7. For the purpose of incorporating the amendment
  263  made by this act to section 943.0435, Florida Statutes, in a
  264  reference thereto, subsection (3) of section 322.141, Florida
  265  Statutes, is reenacted to read:
  266         322.141 Color or markings of certain licenses or
  267  identification cards.—
  268         (3) All licenses for the operation of motor vehicles or
  269  identification cards originally issued or reissued by the
  270  department to persons who are designated as sexual predators
  271  under s. 775.21 or subject to registration as sexual offenders
  272  under s. 943.0435 or s. 944.607, or who have a similar
  273  designation or are subject to a similar registration under the
  274  laws of another jurisdiction, shall have on the front of the
  275  license or identification card the following:
  276         (a) For a person designated as a sexual predator under s.
  277  775.21 or who has a similar designation under the laws of
  278  another jurisdiction, the marking “SEXUAL PREDATOR.”
  279         (b) For a person subject to registration as a sexual
  280  offender under s. 943.0435 or s. 944.607, or subject to a
  281  similar registration under the laws of another jurisdiction, the
  282  marking “943.0435, F.S.”
  283         Section 8. For the purpose of incorporating the amendment
  284  made by this act to section 943.0435, Florida Statutes, in a
  285  reference thereto, subsections (1) and (2) of section 322.19,
  286  Florida Statutes, are reenacted to read:
  287         322.19 Change of address or name.—
  288         (1) Except as provided in ss. 775.21, 775.261, 943.0435,
  289  944.607, and 985.4815, whenever any person, after applying for
  290  or receiving a driver license or identification card, changes
  291  his or her legal name, that person must within 30 days
  292  thereafter obtain a replacement license or card that reflects
  293  the change.
  294         (2) If a person, after applying for or receiving a driver
  295  license or identification card, changes the legal residence or
  296  mailing address in the application, license, or card, the person
  297  must, within 30 calendar days after making the change, obtain a
  298  replacement license or card that reflects the change. A written
  299  request to the department must include the old and new addresses
  300  and the driver license or identification card number. Any person
  301  who has a valid, current student identification card issued by
  302  an educational institution in this state is presumed not to have
  303  changed his or her legal residence or mailing address. This
  304  subsection does not affect any person required to register a
  305  permanent or temporary address change pursuant to s. 775.13, s.
  306  775.21, s. 775.25, or s. 943.0435.
  307         Section 9. For the purpose of incorporating the amendment
  308  made by this act to section 943.0435, Florida Statutes, in a
  309  reference thereto, subsection (2) of section 394.9125, Florida
  310  Statutes, is reenacted to read:
  311         394.9125 State attorney; authority to refer a person for
  312  civil commitment.—
  313         (2) A state attorney may refer a person to the department
  314  for civil commitment proceedings if the person:
  315         (a) Is required to register as a sexual offender pursuant
  316  to s. 943.0435;
  317         (b) Has previously been convicted of a sexually violent
  318  offense as defined in s. 394.912(9)(a)-(h); and
  319         (c) Has been sentenced to a term of imprisonment in a
  320  county or municipal jail for any criminal offense.
  321         Section 10. For the purpose of incorporating the amendment
  322  made by this act to section 943.0435, Florida Statutes, in a
  323  reference thereto, paragraph (b) of subsection (10) of section
  324  397.487, Florida Statutes, is reenacted to read:
  325         397.487 Voluntary certification of recovery residences.—
  326         (10)
  327         (b) A certified recovery residence may not allow a minor
  328  child to visit a parent who is a resident of the recovery
  329  residence at any time if any resident of the recovery residence
  330  is currently required to register as a sexual predator under s.
  331  775.21 or as a sexual offender under s. 943.0435.
  332         Section 11. For the purpose of incorporating the amendment
  333  made by this act to section 943.0435, Florida Statutes, in a
  334  reference thereto, paragraph (b) of subsection (4) of section
  335  435.07, Florida Statutes, is reenacted to read:
  336         435.07 Exemptions from disqualification.—Unless otherwise
  337  provided by law, the provisions of this section apply to
  338  exemptions from disqualification for disqualifying offenses
  339  revealed pursuant to background screenings required under this
  340  chapter, regardless of whether those disqualifying offenses are
  341  listed in this chapter or other laws.
  342         (4)
  343         (b) Disqualification from employment under this chapter may
  344  not be removed from, nor may an exemption be granted to, any
  345  person who is a:
  346         1. Sexual predator as designated pursuant to s. 775.21;
  347         2. Career offender pursuant to s. 775.261; or
  348         3. Sexual offender pursuant to s. 943.0435, unless the
  349  requirement to register as a sexual offender has been removed
  350  pursuant to s. 943.04354.
  351         Section 12. For the purpose of incorporating the amendment
  352  made by this act to section 943.0435, Florida Statutes, in a
  353  reference thereto, subsection (2) of section 775.0862, Florida
  354  Statutes, is reenacted to read:
  355         775.0862 Sexual offenses against students by authority
  356  figures; reclassification.—
  357         (2) The felony degree of a violation of an offense listed
  358  in s. 943.0435(1)(h)1.a., unless the offense is a violation of
  359  s. 794.011(4)(e)7. or s. 810.145(8)(a)2., shall be reclassified
  360  as provided in this section if the offense is committed by an
  361  authority figure of a school against a student of the school.
  362         Section 13. For the purpose of incorporating the amendment
  363  made by this act to section 943.0435, Florida Statutes, in a
  364  reference thereto, subsection (4) of section 775.13, Florida
  365  Statutes, is reenacted to read:
  366         775.13 Registration of convicted felons, exemptions;
  367  penalties.—
  368         (4) This section does not apply to an offender:
  369         (a) Who has had his or her civil rights restored;
  370         (b) Who has received a full pardon for the offense for
  371  which convicted;
  372         (c) Who has been lawfully released from incarceration or
  373  other sentence or supervision for a felony conviction for more
  374  than 5 years prior to such time for registration, unless the
  375  offender is a fugitive from justice on a felony charge or has
  376  been convicted of any offense since release from such
  377  incarceration or other sentence or supervision;
  378         (d) Who is a parolee or probationer under the supervision
  379  of the United States Parole Commission if the commission knows
  380  of and consents to the presence of the offender in Florida or is
  381  a probationer under the supervision of any federal probation
  382  officer in the state or who has been lawfully discharged from
  383  such parole or probation;
  384         (e) Who is a sexual predator and has registered as required
  385  under s. 775.21;
  386         (f) Who is a sexual offender and has registered as required
  387  in s. 943.0435 or s. 944.607; or
  388         (g) Who is a career offender who has registered as required
  389  in s. 775.261 or s. 944.609.
  390         Section 14. For the purpose of incorporating the amendment
  391  made by this act to section 943.0435, Florida Statutes, in a
  392  reference thereto, paragraph (d) of subsection (5) and paragraph
  393  (d) of subsection (10) of section 775.21, Florida Statutes, are
  394  reenacted to read:
  395         775.21 The Florida Sexual Predators Act.—
  396         (5) SEXUAL PREDATOR DESIGNATION.—An offender is designated
  397  as a sexual predator as follows:
  398         (d) A person who establishes or maintains a residence in
  399  this state and who has not been designated as a sexual predator
  400  by a court of this state but who has been designated as a sexual
  401  predator, as a sexually violent predator, or by another sexual
  402  offender designation in another state or jurisdiction and was,
  403  as a result of such designation, subjected to registration or
  404  community or public notification, or both, or would be if the
  405  person was a resident of that state or jurisdiction, without
  406  regard to whether the person otherwise meets the criteria for
  407  registration as a sexual offender, shall register in the manner
  408  provided in s. 943.0435 or s. 944.607 and shall be subject to
  409  community and public notification as provided in s. 943.0435 or
  410  s. 944.607. A person who meets the criteria of this section is
  411  subject to the requirements and penalty provisions of s.
  412  943.0435 or s. 944.607 until the person provides the department
  413  with an order issued by the court that designated the person as
  414  a sexual predator, as a sexually violent predator, or by another
  415  sexual offender designation in the state or jurisdiction in
  416  which the order was issued which states that such designation
  417  has been removed or demonstrates to the department that such
  418  designation, if not imposed by a court, has been removed by
  419  operation of law or court order in the state or jurisdiction in
  420  which the designation was made, and provided such person no
  421  longer meets the criteria for registration as a sexual offender
  422  under the laws of this state.
  423         (10) PENALTIES.—
  424         (d) Any person who misuses public records information
  425  relating to a sexual predator, as defined in this section, or a
  426  sexual offender, as defined in s. 943.0435 or s. 944.607, to
  427  secure a payment from such a predator or offender; who knowingly
  428  distributes or publishes false information relating to such a
  429  predator or offender which the person misrepresents as being
  430  public records information; or who materially alters public
  431  records information with the intent to misrepresent the
  432  information, including documents, summaries of public records
  433  information provided by law enforcement agencies, or public
  434  records information displayed by law enforcement agencies on
  435  websites or provided through other means of communication,
  436  commits a misdemeanor of the first degree, punishable as
  437  provided in s. 775.082 or s. 775.083.
  438         Section 15. For the purpose of incorporating the amendment
  439  made by this act to section 943.0435, Florida Statutes, in a
  440  reference thereto, subsection (2) of section 775.24, Florida
  441  Statutes, is reenacted to read:
  442         775.24 Duty of the court to uphold laws governing sexual
  443  predators and sexual offenders.—
  444         (2) If a person meets the criteria in this chapter for
  445  designation as a sexual predator or meets the criteria in s.
  446  943.0435, s. 944.606, s. 944.607, or any other law for
  447  classification as a sexual offender, the court may not enter an
  448  order, for the purpose of approving a plea agreement or for any
  449  other reason, which:
  450         (a) Exempts a person who meets the criteria for designation
  451  as a sexual predator or classification as a sexual offender from
  452  such designation or classification, or exempts such person from
  453  the requirements for registration or community and public
  454  notification imposed upon sexual predators and sexual offenders;
  455         (b) Restricts the compiling, reporting, or release of
  456  public records information that relates to sexual predators or
  457  sexual offenders; or
  458         (c) Prevents any person or entity from performing its
  459  duties or operating within its statutorily conferred authority
  460  as such duty or authority relates to sexual predators or sexual
  461  offenders.
  462         Section 16. For the purpose of incorporating the amendment
  463  made by this act to section 943.0435, Florida Statutes, in a
  464  reference thereto, section 775.25, Florida Statutes, is
  465  reenacted to read:
  466         775.25 Prosecutions for acts or omissions.—A sexual
  467  predator or sexual offender who commits any act or omission in
  468  violation of s. 775.21, s. 943.0435, s. 944.605, s. 944.606, s.
  469  944.607, or former s. 947.177 may be prosecuted for the act or
  470  omission in the county in which the act or omission was
  471  committed, in the county of the last registered address of the
  472  sexual predator or sexual offender, in the county in which the
  473  conviction occurred for the offense or offenses that meet the
  474  criteria for designating a person as a sexual predator or sexual
  475  offender, in the county where the sexual predator or sexual
  476  offender was released from incarceration, or in the county of
  477  the intended address of the sexual predator or sexual offender
  478  as reported by the predator or offender prior to his or her
  479  release from incarceration. In addition, a sexual predator may
  480  be prosecuted for any such act or omission in the county in
  481  which he or she was designated a sexual predator.
  482         Section 17. For the purpose of incorporating the amendment
  483  made by this act to section 943.0435, Florida Statutes, in a
  484  reference thereto, paragraph (b) of subsection (3) of section
  485  775.261, Florida Statutes, is reenacted to read:
  486         775.261 The Florida Career Offender Registration Act.—
  487         (3) CRITERIA FOR REGISTRATION AS A CAREER OFFENDER.—
  488         (b) This section does not apply to any person who has been
  489  designated as a sexual predator and required to register under
  490  s. 775.21 or who is required to register as a sexual offender
  491  under s. 943.0435 or s. 944.607. However, if a person is no
  492  longer required to register as a sexual predator under s. 775.21
  493  or as a sexual offender under s. 943.0435 or s. 944.607, the
  494  person must register as a career offender under this section if
  495  the person is otherwise designated as a career offender as
  496  provided in this section.
  497         Section 18. For the purpose of incorporating the amendment
  498  made by this act to section 943.0435, Florida Statutes, in a
  499  reference thereto, paragraph (cc) of subsection (2) of section
  500  900.05, Florida Statutes, is reenacted to read:
  501         900.05 Criminal justice data collection.—
  502         (2) DEFINITIONS.—As used in this section, the term:
  503         (cc) “Sexual offender flag” means an indication that a
  504  defendant was required to register as a sexual predator as
  505  defined in s. 775.21 or as a sexual offender as defined in s.
  506  943.0435.
  507         Section 19. For the purpose of incorporating the amendment
  508  made by this act to section 943.0435, Florida Statutes, in a
  509  reference thereto, paragraph (m) of subsection (2) of section
  510  903.046, Florida Statutes, is reenacted to read:
  511         903.046 Purpose of and criteria for bail determination.—
  512         (2) When determining whether to release a defendant on bail
  513  or other conditions, and what that bail or those conditions may
  514  be, the court shall consider:
  515         (m) Whether the defendant, other than a defendant whose
  516  only criminal charge is a misdemeanor offense under chapter 316,
  517  is required to register as a sexual offender under s. 943.0435
  518  or a sexual predator under s. 775.21; and, if so, he or she is
  519  not eligible for release on bail or surety bond until the first
  520  appearance on the case in order to ensure the full participation
  521  of the prosecutor and the protection of the public.
  522         Section 20. For the purpose of incorporating the amendment
  523  made by this act to section 943.0435, Florida Statutes, in a
  524  reference thereto, section 903.133, Florida Statutes, is
  525  reenacted to read:
  526         903.133 Bail on appeal; prohibited for certain felony
  527  convictions.—Notwithstanding s. 903.132, no person shall be
  528  admitted to bail pending review either by posttrial motion or
  529  appeal if he or she was adjudged guilty of:
  530         (1) A felony of the first degree for a violation of s.
  531  782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s.
  532  893.13, or s. 893.135;
  533         (2) A violation of s. 794.011(2) or (3); or
  534         (3) Any other offense requiring sexual offender
  535  registration under s. 943.0435(1)(h) or sexual predator
  536  registration under s. 775.21(4) when, at the time of the
  537  offense, the offender was 18 years of age or older and the
  538  victim was a minor.
  539         Section 21. For the purpose of incorporating the amendment
  540  made by this act to section 943.0435, Florida Statutes, in a
  541  reference thereto, paragraph (b) of subsection (4) of section
  542  907.043, Florida Statutes, is reenacted to read:
  543         907.043 Pretrial release; citizens’ right to know.—
  544         (4)
  545         (b) The annual report must contain, but need not be limited
  546  to:
  547         1. The name, location, and funding sources of the pretrial
  548  release program, including the amount of public funds, if any,
  549  received by the pretrial release program.
  550         2. The operating and capital budget of each pretrial
  551  release program receiving public funds.
  552         3.a. The percentage of the pretrial release program’s total
  553  budget representing receipt of public funds.
  554         b. The percentage of the total budget which is allocated to
  555  assisting defendants obtain release through a nonpublicly funded
  556  program.
  557         c. The amount of fees paid by defendants to the pretrial
  558  release program.
  559         4. The number of persons employed by the pretrial release
  560  program.
  561         5. The number of defendants assessed and interviewed for
  562  pretrial release.
  563         6. The number of defendants recommended for pretrial
  564  release.
  565         7. The number of defendants for whom the pretrial release
  566  program recommended against nonsecured release.
  567         8. The number of defendants granted nonsecured release
  568  after the pretrial release program recommended nonsecured
  569  release.
  570         9. The number of defendants assessed and interviewed for
  571  pretrial release who were declared indigent by the court.
  572         10. The number of defendants accepted into a pretrial
  573  release program who paid a surety or cash bail or bond.
  574         11. The number of defendants for whom a risk assessment
  575  tool was used in determining whether the defendant should be
  576  released pending the disposition of the case and the number of
  577  defendants for whom a risk assessment tool was not used.
  578         12. The specific statutory citation for each criminal
  579  charge related to a defendant whose case is accepted into a
  580  pretrial release program, including, at a minimum, the number of
  581  defendants charged with dangerous crimes as defined in s.
  582  907.041; nonviolent felonies; or misdemeanors only. A
  583  “nonviolent felony” for purposes of this subparagraph excludes
  584  the commission of, an attempt to commit, or a conspiracy to
  585  commit any of the following:
  586         a. An offense enumerated in s. 775.084(1)(c);
  587         b. An offense that requires a person to register as a
  588  sexual predator in accordance with s. 775.21 or as a sexual
  589  offender in accordance with s. 943.0435;
  590         c. Failure to register as a sexual predator in violation of
  591  s. 775.21 or as a sexual offender in violation of s. 943.0435;
  592         d. Facilitating or furthering terrorism in violation of s.
  593  775.31;
  594         e. A forcible felony as described in s. 776.08;
  595         f. False imprisonment in violation of s. 787.02;
  596         g. Burglary of a dwelling or residence in violation of s.
  597  810.02(3);
  598         h. Abuse, aggravated abuse, and neglect of an elderly
  599  person or disabled adult in violation of s. 825.102;
  600         i. Abuse, aggravated abuse, and neglect of a child in
  601  violation of s. 827.03;
  602         j. Poisoning of food or water in violation of s. 859.01;
  603         k. Abuse of a dead human body in violation of s. 872.06;
  604         l. A capital offense in violation of chapter 893;
  605         m. An offense that results in serious bodily injury or
  606  death to another human; or
  607         n. A felony offense in which the defendant used a weapon or
  608  firearm in the commission of the offense.
  609         13. The number of defendants accepted into a pretrial
  610  release program with no prior criminal conviction.
  611         14. The name and case number of each person granted
  612  nonsecured release who:
  613         a. Failed to attend a scheduled court appearance.
  614         b. Was issued a warrant for failing to appear.
  615         c. Was arrested for any offense while on release through
  616  the pretrial release program.
  617         15. Any additional information deemed necessary by the
  618  governing body to assess the performance and cost efficiency of
  619  the pretrial release program.
  620         Section 22. For the purpose of incorporating the amendment
  621  made by this act to section 943.0435, Florida Statutes, in a
  622  reference thereto, subsection (1) of section 938.10, Florida
  623  Statutes, is reenacted to read:
  624         938.10 Additional court cost imposed in cases of certain
  625  crimes.—
  626         (1) If a person pleads guilty or nolo contendere to, or is
  627  found guilty of, regardless of adjudication, any offense against
  628  a minor in violation of s. 784.085, chapter 787, chapter 794,
  629  former s. 796.03, former s. 796.035, s. 800.04, chapter 827, s.
  630  847.012, s. 847.0133, s. 847.0135(5), s. 847.0138, s. 847.0145,
  631  s. 893.147(3), or s. 985.701, or any offense in violation of s.
  632  775.21, s. 823.07, s. 847.0125, s. 847.0134, or s. 943.0435, the
  633  court shall impose a court cost of $151 against the offender in
  634  addition to any other cost or penalty required by law.
  635         Section 23. For the purpose of incorporating the amendment
  636  made by this act to section 943.0435, Florida Statutes, in a
  637  reference thereto, subsection (2) of section 943.0436, Florida
  638  Statutes, is reenacted to read:
  639         943.0436 Duty of the court to uphold laws governing sexual
  640  predators and sexual offenders.—
  641         (2) If a person meets the criteria in chapter 775 for
  642  designation as a sexual predator or meets the criteria in s.
  643  943.0435, s. 944.606, s. 944.607, or any other law for
  644  classification as a sexual offender, the court may not enter an
  645  order, for the purpose of approving a plea agreement or for any
  646  other reason, which:
  647         (a) Exempts a person who meets the criteria for designation
  648  as a sexual predator or classification as a sexual offender from
  649  such designation or classification, or exempts such person from
  650  the requirements for registration or community and public
  651  notification imposed upon sexual predators and sexual offenders;
  652         (b) Restricts the compiling, reporting, or release of
  653  public records information that relates to sexual predators or
  654  sexual offenders; or
  655         (c) Prevents any person or entity from performing its
  656  duties or operating within its statutorily conferred authority
  657  as such duty or authority relates to sexual predators or sexual
  658  offenders.
  659         Section 24. For the purpose of incorporating the amendment
  660  made by this act to section 943.0435, Florida Statutes, in a
  661  reference thereto, subsection (2) of section 943.0584, Florida
  662  Statutes, is reenacted to read:
  663         943.0584 Criminal history records ineligible for court
  664  ordered expunction or court-ordered sealing.—
  665         (2) A criminal history record is ineligible for a
  666  certificate of eligibility for expunction or a court-ordered
  667  expunction pursuant to s. 943.0585 or a certificate of
  668  eligibility for sealing or a court-ordered sealing pursuant to
  669  s. 943.059 if the record is a conviction for any of the
  670  following offenses:
  671         (a) Sexual misconduct, as defined in s. 393.135, s.
  672  394.4593, or s. 916.1075;
  673         (b) Illegal use of explosives, as defined in chapter 552;
  674         (c) Terrorism, as defined in s. 775.30;
  675         (d) Murder, as defined in s. 782.04, s. 782.065, or s.
  676  782.09;
  677         (e) Manslaughter or homicide, as defined in s. 782.07, s.
  678  782.071, or s. 782.072;
  679         (f) Assault or battery, as defined in ss. 784.011 and
  680  784.03, respectively, of one family or household member by
  681  another family or household member, as defined in s. 741.28(3);
  682         (g) Aggravated assault, as defined in s. 784.021;
  683         (h) Felony battery, domestic battery by strangulation, or
  684  aggravated battery, as defined in ss. 784.03, 784.041, and
  685  784.045, respectively;
  686         (i) Stalking or aggravated stalking, as defined in s.
  687  784.048;
  688         (j) Luring or enticing a child, as defined in s. 787.025;
  689         (k) Human trafficking, as defined in s. 787.06;
  690         (l) Kidnapping or false imprisonment, as defined in s.
  691  787.01 or s. 787.02;
  692         (m) Any offense defined in chapter 794;
  693         (n) Procuring a person less than 18 years of age for
  694  prostitution, as defined in former s. 796.03;
  695         (o) Lewd or lascivious offenses committed upon or in the
  696  presence of persons less than 16 years of age, as defined in s.
  697  800.04;
  698         (p) Arson, as defined in s. 806.01;
  699         (q) Burglary of a dwelling, as defined in s. 810.02;
  700         (r) Voyeurism or video voyeurism, as defined in ss. 810.14
  701  and 810.145, respectively;
  702         (s) Robbery or robbery by sudden snatching, as defined in
  703  ss. 812.13 and 812.131, respectively;
  704         (t) Carjacking, as defined in s. 812.133;
  705         (u) Home-invasion robbery, as defined in s. 812.135;
  706         (v) A violation of the Florida Communications Fraud Act, as
  707  provided in s. 817.034;
  708         (w) Abuse of an elderly person or disabled adult, or
  709  aggravated abuse of an elderly person or disabled adult, as
  710  defined in s. 825.102;
  711         (x) Lewd or lascivious offenses committed upon or in the
  712  presence of an elderly person or disabled person, as defined in
  713  s. 825.1025;
  714         (y) Child abuse or aggravated child abuse, as defined in s.
  715  827.03;
  716         (z) Sexual performance by a child, as defined in s.
  717  827.071;
  718         (aa) Any offense defined in chapter 839;
  719         (bb) Certain acts in connection with obscenity, as defined
  720  in s. 847.0133;
  721         (cc) Any offense defined in s. 847.0135;
  722         (dd) Selling or buying of minors, as defined in s.
  723  847.0145;
  724         (ee) Aircraft piracy, as defined in s. 860.16;
  725         (ff) Manufacturing a controlled substance in violation of
  726  chapter 893;
  727         (gg) Drug trafficking, as defined in s. 893.135; or
  728         (hh) Any violation specified as a predicate offense for
  729  registration as a sexual predator pursuant to s. 775.21, or
  730  sexual offender pursuant to s. 943.0435, without regard to
  731  whether that offense alone is sufficient to require such
  732  registration.
  733         Section 25. For the purpose of incorporating the amendment
  734  made by this act to section 943.0435, Florida Statutes, in a
  735  reference thereto, paragraph (a) of subsection (4) and
  736  subsection (9) of section 944.607, Florida Statutes, are
  737  reenacted to read:
  738         944.607 Notification to Department of Law Enforcement of
  739  information on sexual offenders.—
  740         (4) A sexual offender, as described in this section, who is
  741  under the supervision of the Department of Corrections but is
  742  not incarcerated shall register with the Department of
  743  Corrections within 3 business days after sentencing for a
  744  registrable offense and otherwise provide information as
  745  required by this subsection.
  746         (a) The sexual offender shall provide his or her name; date
  747  of birth; social security number; race; sex; height; weight;
  748  hair and eye color; tattoos or other identifying marks; all
  749  electronic mail addresses and Internet identifiers required to
  750  be provided pursuant to s. 943.0435(4)(e); employment
  751  information required to be provided pursuant to s.
  752  943.0435(4)(e); all home telephone numbers and cellular
  753  telephone numbers required to be provided pursuant to s.
  754  943.0435(4)(e); the make, model, color, vehicle identification
  755  number (VIN), and license tag number of all vehicles owned;
  756  permanent or legal residence and address of temporary residence
  757  within the state or out of state while the sexual offender is
  758  under supervision in this state, including any rural route
  759  address or post office box; if no permanent or temporary
  760  address, any transient residence within the state; and address,
  761  location or description, and dates of any current or known
  762  future temporary residence within the state or out of state. The
  763  sexual offender shall also produce his or her passport, if he or
  764  she has a passport, and, if he or she is an alien, shall produce
  765  or provide information about documents establishing his or her
  766  immigration status. The sexual offender shall also provide
  767  information about any professional licenses he or she has. The
  768  Department of Corrections shall verify the address of each
  769  sexual offender in the manner described in ss. 775.21 and
  770  943.0435. The department shall report to the Department of Law
  771  Enforcement any failure by a sexual predator or sexual offender
  772  to comply with registration requirements.
  773         (9) A sexual offender, as described in this section, who is
  774  under the supervision of the Department of Corrections but who
  775  is not incarcerated shall, in addition to the registration
  776  requirements provided in subsection (4), register and obtain a
  777  distinctive driver license or identification card in the manner
  778  provided in s. 943.0435(3), (4), and (5), unless the sexual
  779  offender is a sexual predator, in which case he or she shall
  780  register and obtain a distinctive driver license or
  781  identification card as required under s. 775.21. A sexual
  782  offender who fails to comply with the requirements of s.
  783  943.0435 is subject to the penalties provided in s. 943.0435(9).
  784         Section 26. For the purpose of incorporating the amendment
  785  made by this act to section 943.0435, Florida Statutes, in a
  786  reference thereto, subsection (4) of section 948.06, Florida
  787  Statutes, is reenacted to read:
  788         948.06 Violation of probation or community control;
  789  revocation; modification; continuance; failure to pay
  790  restitution or cost of supervision.—
  791         (4) Notwithstanding any other provision of this section, a
  792  felony probationer or an offender in community control who is
  793  arrested for violating his or her probation or community control
  794  in a material respect may be taken before the court in the
  795  county or circuit in which the probationer or offender was
  796  arrested. That court shall advise him or her of the charge of a
  797  violation and, if such charge is admitted, shall cause him or
  798  her to be brought before the court that granted the probation or
  799  community control. If the violation is not admitted by the
  800  probationer or offender, the court may commit him or her or
  801  release him or her with or without bail to await further
  802  hearing. However, if the probationer or offender is under
  803  supervision for any criminal offense proscribed in chapter 794,
  804  s. 800.04(4), (5), (6), s. 827.071, or s. 847.0145, or is a
  805  registered sexual predator or a registered sexual offender, or
  806  is under supervision for a criminal offense for which he or she
  807  would meet the registration criteria in s. 775.21, s. 943.0435,
  808  or s. 944.607 but for the effective date of those sections, the
  809  court must make a finding that the probationer or offender is
  810  not a danger to the public prior to release with or without
  811  bail. In determining the danger posed by the offender’s or
  812  probationer’s release, the court may consider the nature and
  813  circumstances of the violation and any new offenses charged; the
  814  offender’s or probationer’s past and present conduct, including
  815  convictions of crimes; any record of arrests without conviction
  816  for crimes involving violence or sexual crimes; any other
  817  evidence of allegations of unlawful sexual conduct or the use of
  818  violence by the offender or probationer; the offender’s or
  819  probationer’s family ties, length of residence in the community,
  820  employment history, and mental condition; his or her history and
  821  conduct during the probation or community control supervision
  822  from which the violation arises and any other previous
  823  supervisions, including disciplinary records of previous
  824  incarcerations; the likelihood that the offender or probationer
  825  will engage again in a criminal course of conduct; the weight of
  826  the evidence against the offender or probationer; and any other
  827  facts the court considers relevant. The court, as soon as is
  828  practicable, shall give the probationer or offender an
  829  opportunity to be fully heard on his or her behalf in person or
  830  by counsel. After the hearing, the court shall make findings of
  831  fact and forward the findings to the court that granted the
  832  probation or community control and to the probationer or
  833  offender or his or her attorney. The findings of fact by the
  834  hearing court are binding on the court that granted the
  835  probation or community control. Upon the probationer or offender
  836  being brought before it, the court that granted the probation or
  837  community control may revoke, modify, or continue the probation
  838  or community control or may place the probationer into community
  839  control as provided in this section. However, the probationer or
  840  offender shall not be released and shall not be admitted to
  841  bail, but shall be brought before the court that granted the
  842  probation or community control if any violation of felony
  843  probation or community control other than a failure to pay costs
  844  or fines or make restitution payments is alleged to have been
  845  committed by:
  846         (a) A violent felony offender of special concern, as
  847  defined in this section;
  848         (b) A person who is on felony probation or community
  849  control for any offense committed on or after the effective date
  850  of this act and who is arrested for a qualifying offense as
  851  defined in this section; or
  852         (c) A person who is on felony probation or community
  853  control and has previously been found by a court to be a
  854  habitual violent felony offender as defined in s. 775.084(1)(b),
  855  a three-time violent felony offender as defined in s.
  856  775.084(1)(c), or a sexual predator under s. 775.21, and who is
  857  arrested for committing a qualifying offense as defined in this
  858  section on or after the effective date of this act.
  859         Section 27. For the purpose of incorporating the amendment
  860  made by this act to section 943.0435, Florida Statutes, in a
  861  reference thereto, section 948.063, Florida Statutes, is
  862  reenacted to read:
  863         948.063 Violations of probation or community control by
  864  designated sexual offenders and sexual predators.—
  865         (1) If probation or community control for any felony
  866  offense is revoked by the court pursuant to s. 948.06(2)(e) and
  867  the offender is designated as a sexual offender pursuant to s.
  868  943.0435 or s. 944.607 or as a sexual predator pursuant to s.
  869  775.21 for unlawful sexual activity involving a victim 15 years
  870  of age or younger and the offender is 18 years of age or older,
  871  and if the court imposes a subsequent term of supervision
  872  following the revocation of probation or community control, the
  873  court must order electronic monitoring as a condition of the
  874  subsequent term of probation or community control.
  875         (2) If the probationer or offender is required to register
  876  as a sexual predator under s. 775.21 or as a sexual offender
  877  under s. 943.0435 or s. 944.607 for unlawful sexual activity
  878  involving a victim 15 years of age or younger and the
  879  probationer or offender is 18 years of age or older and has
  880  violated the conditions of his or her probation or community
  881  control, but the court does not revoke the probation or
  882  community control, the court shall nevertheless modify the
  883  probation or community control to include electronic monitoring
  884  for any probationer or offender not then subject to electronic
  885  monitoring.
  886         Section 28. For the purpose of incorporating the amendment
  887  made by this act to section 943.0435, Florida Statutes, in a
  888  reference thereto, section 948.31, Florida Statutes, is
  889  reenacted to read:
  890         948.31 Evaluation and treatment of sexual predators and
  891  offenders on probation or community control.—The court may
  892  require any probationer or community controllee who is required
  893  to register as a sexual predator under s. 775.21 or sexual
  894  offender under s. 943.0435, s. 944.606, or s. 944.607 to undergo
  895  an evaluation, at the probationer or community controllee’s
  896  expense, by a qualified practitioner to determine whether such
  897  probationer or community controllee needs sexual offender
  898  treatment. If the qualified practitioner determines that sexual
  899  offender treatment is needed and recommends treatment, the
  900  probationer or community controllee must successfully complete
  901  and pay for the treatment. Such treatment must be obtained from
  902  a qualified practitioner as defined in s. 948.001. Treatment may
  903  not be administered by a qualified practitioner who has been
  904  convicted or adjudicated delinquent of committing, or
  905  attempting, soliciting, or conspiring to commit, any offense
  906  that is listed in s. 943.0435(1)(h)1.a.(I).
  907         Section 29. For the purpose of incorporating the amendment
  908  made by this act to section 943.0435, Florida Statutes, in a
  909  reference thereto, paragraph (b) of subsection (6) of section
  910  985.04, Florida Statutes, is reenacted to read:
  911         985.04 Oaths; records; confidential information.—
  912         (6)
  913         (b) Sexual offender and predator registration information
  914  as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481,
  915  and 985.4815 is a public record pursuant to s. 119.07(1) and as
  916  otherwise provided by law.
  917         Section 30. For the purpose of incorporating the amendment
  918  made by this act to section 943.0435, Florida Statutes, in a
  919  reference thereto, subsection (9) and paragraph (c) of
  920  subsection (10) of section 985.4815, Florida Statutes, are
  921  reenacted to read:
  922         985.4815 Notification to Department of Law Enforcement of
  923  information on juvenile sexual offenders.—
  924         (9) A sexual offender, as described in this section, who is
  925  under the care, jurisdiction, or supervision of the department
  926  but who is not incarcerated shall, in addition to the
  927  registration requirements provided in subsection (4), register
  928  in the manner provided in s. 943.0435(3), (4), and (5), unless
  929  the sexual offender is a sexual predator, in which case he or
  930  she shall register as required under s. 775.21. A sexual
  931  offender who fails to comply with the requirements of s.
  932  943.0435 is subject to the penalties provided in s. 943.0435(9).
  933         (10)
  934         (c) An arrest on charges of failure to register when the
  935  offender has been provided and advised of his or her statutory
  936  obligations to register under s. 943.0435(2), the service of an
  937  information or a complaint for a violation of this section, or
  938  an arraignment on charges for a violation of this section
  939  constitutes actual notice of the duty to register. A sexual
  940  offender’s failure to immediately register as required by this
  941  section following such arrest, service, or arraignment
  942  constitutes grounds for a subsequent charge of failure to
  943  register. A sexual offender charged with the crime of failure to
  944  register who asserts, or intends to assert, a lack of notice of
  945  the duty to register as a defense to a charge of failure to
  946  register shall immediately register as required by this section.
  947  A sexual offender who is charged with a subsequent failure to
  948  register may not assert the defense of a lack of notice of the
  949  duty to register.
  950         Section 31. For the purpose of incorporating the amendment
  951  made by this act to section 943.0435, Florida Statutes, in a
  952  reference thereto, paragraph (g) of subsection (2) of section
  953  1012.467, Florida Statutes, is reenacted to read:
  954         1012.467 Noninstructional contractors who are permitted
  955  access to school grounds when students are present; background
  956  screening requirements.—
  957         (2)
  958         (g) A noninstructional contractor for whom a criminal
  959  history check is required under this section may not have been
  960  convicted of any of the following offenses designated in the
  961  Florida Statutes, any similar offense in another jurisdiction,
  962  or any similar offense committed in this state which has been
  963  redesignated from a former provision of the Florida Statutes to
  964  one of the following offenses:
  965         1. Any offense listed in s. 943.0435(1)(h)1., relating to
  966  the registration of an individual as a sexual offender.
  967         2. Section 393.135, relating to sexual misconduct with
  968  certain developmentally disabled clients and the reporting of
  969  such sexual misconduct.
  970         3. Section 394.4593, relating to sexual misconduct with
  971  certain mental health patients and the reporting of such sexual
  972  misconduct.
  973         4. Section 775.30, relating to terrorism.
  974         5. Section 782.04, relating to murder.
  975         6. Section 787.01, relating to kidnapping.
  976         7. Any offense under chapter 800, relating to lewdness and
  977  indecent exposure.
  978         8. Section 826.04, relating to incest.
  979         9. Section 827.03, relating to child abuse, aggravated
  980  child abuse, or neglect of a child.
  981         Section 32. This act shall take effect upon becoming a law.