Florida Senate - 2022                                    SB 1782
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01314-22                                           20221782__
    1                        A bill to be entitled                      
    2         An act relating to domestic abuser registration;
    3         creating s. 943.0425, F.S.; providing definitions;
    4         requiring the Department of Law Enforcement to post a
    5         publicly accessible registry on its website of persons
    6         convicted of domestic abuse offenses; providing
    7         requirements for the registry; requiring the clerk of
    8         the court in each county to forward certain notices of
    9         conviction for domestic abuse offenses to the
   10         department within a specified time; requiring the
   11         maintenance of specified information for certain time
   12         periods; requiring the removal of specified records
   13         under certain circumstances; providing an effective
   14         date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 943.0425, Florida Statutes, is created
   19  to read:
   20         943.0425 Domestic abuser registration.—
   21         (1) As used in this section, the term:
   22         (a) “Abuser” or “domestic abuser” means an adult as defined
   23  in s. 985.03 who has been convicted in this state of committing
   24  a domestic abuse offense.
   25         (b) “Conviction” has the same meaning as in s. 775.21(2).
   26         (c) “Domestic abuse offense” means:
   27         1. Domestic violence, as defined in s. 741.28; or
   28         2. Dating violence, as defined in s. 784.046(1)(d).
   29         (2)(a) Beginning January 1, 2023, the department shall post
   30  a publicly accessible domestic abuser registry on its website
   31  which includes each person convicted of a domestic abuse offense
   32  on or after that date.
   33         (b)1. The registry must include a photograph of the abuser
   34  taken as part of the booking process, the abuser’s full legal
   35  name, and any other identifying information the department
   36  determines is necessary to properly identify the abuser and to
   37  exclude innocent persons.
   38         2. The registry may not include the abuser’s social
   39  security number, driver license number, or any other state or
   40  federal identification number.
   41         (c) The clerk of the court in each county shall forward a
   42  copy of the judgment and date of birth of each abuser to the
   43  department within 30 calendar days after the date of conviction
   44  of the abuser.
   45         (d)1. Upon an abuser’s third conviction, the department
   46  shall maintain the abuser’s full legal name and other
   47  identifying information described in paragraph (b) on the
   48  registry for 2 years after the date of the abuser’s third
   49  conviction, after which time the department shall remove the
   50  abuser’s full legal name and identifying information from the
   51  registry if the abuser is not convicted of another domestic
   52  abuse offense during that 2-year period.
   53         2. Upon an abuser’s subsequent conviction, the department
   54  shall maintain the abuser’s full legal name and other
   55  identifying information described in paragraph (b) on the
   56  registry for 5 years after the date of the abuser’s most recent
   57  conviction, after which time the department shall remove the
   58  abuser’s full legal name and identifying information from the
   59  registry if the abuser is not convicted of another domestic
   60  abuse offense during that 5-year period.
   61         (e) The department shall remove an abuser’s full legal name
   62  and identifying information from the registry if the record of
   63  the domestic abuse offense for which the abuser is subject to
   64  inclusion in the registry is expunged or sealed pursuant to this
   65  chapter.
   66         Section 2. This act shall take effect October 1, 2022.